Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-04-12 00:00:00

1 N.Y. 162 - 1 W. Fed.
Mr. W. W. Wilson
Berkeley and Jefferson Intelligencer.
[No. 47 of Volume VI.]
FRIDAY, April 11, 1805.
[Whole No. 307.]
WE are authorised to inform the Freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election for a Representative for this District in the next Congress of the United States.
We are authorised to inform the Freeholders of this County, that Mr. JOHN GRAY and Captain MATTHEW RANSONE, will be candidates at the ensuing election of Representatives for Berkeley County in the State Legislature.
March 4, 1805.
To the Citizens of the Town, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this District in the Congress of the United States; and now solicit your suffrage. It has hitherto been so much the custom to travel through the District, to solicit votes, that for me to omit that part of the business, might probably give occasion to offence to some - I will exert or do as much as can be spared for that purpose, during my visit at the same time, that those gentlemen whom I do not visit previous to the election, will not impair it in any way or respect to them, inasmuch as others report to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means, my opinion and my friends may rest assured, that no ungenerous or improper conduct on my part, will be resorted to, for the purpose of obtaining success, and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitors.
I am fellow Citizens, with due respect, Your obedient servant, JOHN MORROW.
Shepherd's Town, } February 12, 1805. }
NOTICE is hereby given that an Election will be held at the Court House in Martinsburg, on the first Monday after the third Tuesday in April (being the 22nd day of the present month) for the purpose of choosing two persons of its character, to represent the County of Berkeley in the next General Assembly of this Commonwealth. All persons entitled to vote are desired to attend.
There will also be held at the same time and place an Election for the purpose of choosing a Representative to represent the District composed of Berkeley, Jefferson and Hampshire Counties in the Congress of the United States.
WM. PORTERFIELD, Sheriff. April 3, 1805.
FOR HIRE, TWO Negro Girls,
One of fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of David Hunter.
January 11, 1805. (wt)
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious staff adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit a continuation of their custom.
He has BLANK BOOKS for sale. JEREMIAH EVANS. Martinsburg, March 8, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs. Joseph Gales. IN CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complaint, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C. F. C.
FOR SALE.
Pursuant to the last will and testament of Robert Creighton, deceased, a valuable Tract of Land,
Living in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsburg, eight short miles from the City of Washington, seventy-six from the City of Washington and eighty miles from the town of Alexandria - containing six hundred acres, one half cleared and under good fence, the balance well timbered. There are on said land a number of never failing springs, and a sufficient quantity of Mr. Cow. This tract will well be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomac, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by
WILLIAM RIDDLE, } Ex's. and WM. CREIGHTON, } Martinsburg, February 1, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs. Daniel Sturgess. IN CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complaint, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C. B. C.
WANTED IMMEDIATELY,
An Apprentice to the Printing Business, aged from twelve to sixteen years, of industrious habits, of good character, and whose connections are in the country. One from the country would be preferred.
J. ALBURTIS. Intelligencer Office, } March 8, 1805. }
NOTICE.
An inventory for Robert Lyle, sundry occupations (given for property purchased) that the sale of the estate of Robert Lyle, have come into my hands, will be put into the hands of JAMES CAMPBELL, Martinsburg, March 29, 1805.
JAMES CAMPBELL, } Midland Creek, March 29, 1805. }
FOR SALE.
A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring. The land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place. For terms apply on the premises, or to the subscriber in Martinsburg.
IGNATIUS PRICE. January 25, 1805.
In the Senate of the United States, SITTING AS A High Court of Impeachment, ON THE 4th day of February, A. D. 1805. The United States vs. Samuel Chase.
[Habeas Chase's Defence continued.]
The true and only reason for granting a continuance, is that the party accused may have the best opportunity that the law can afford to him, of making his defence. But in respect to immaterial witnesses, could not be examined if they were present; and consequently, their absence can deprive the party of no opportunity which the law affords to him in making his defence. Hence the rule, that no witnesses must be competent and material.
Public justice will not permit the trial of offenders to be delayed, on light or unfounded pretences. To wait for witnesses which the party really wished for, and not expect to be able to produce within some definite period, would create a very light pretence, and remove the judge, how far there was reasonable expectation of obtaining the testimony within the proper time, would put it in his power to delay the trial, on the most unfounded pretences. Hence the rule, that there must be reasonable ground of expectation, in the judgment of the court, that the testimony may be obtained within the proper time.
It is therefore a settled and most necessary rule, that every application for a continuance on the ground of obtaining testimony, must be supported by an affidavit, disclosing sufficient matter to satisfy the court, that the testimony wanted is competent and material, and that there is reasonable expectation of procuring it within the time prescribed. From a comparison of the affidavit in question with the indictment, it will soon appear how far the traverser in this case, brought himself within this rule.
The absent witnesses, mentioned in the affidavit, are William Gardner, of Portsmouth, in N. Hampshire; Tenth Coxe, of Philadelphia, in Pennsylvania; Joseph Blee, of some place in South Carolina; Timothy Pickering, lately of Philadelphia, in Pennsylvania, but of what place at that time the deponent did not know; William B. Giles, of Amelie county, in the state of Virginia; Stephen Thompson, of Alexandria, whose place of residence is not mentioned in the affidavit, but was known to be in Lou-
don county, in the state of Virginia; and General Blackman, of Bath county, in the said state. The affidavit also states, that the traverser wished to procure, as material to his defence, authentic copies of certain answers made by the President of the United States, Mr. Adams, to addresses from various persons; and also, a book entitled an Essay on Canon and Feudal Law, so entitled in words to that purport, which was ascribed to the President, and which the traverser believed to have been written by him; and also, evidence to prove that the President was in fact, the author of that book.
It is not denied, that the traverser had any reasonable ground to expect, or did expect, to procure that book or evidence, or these authentic copies, or the attendance of any of these witnesses, at the next term. Nor does he attempt to show in what manner the book, or the copies of answers to addresses, were material, so as to enable the court to form a judgment on that point. Here then, the affidavit was clearly defective. His believing the book, and those authentic copies, was of no weight, unless he showed to the court, sufficient grounds for entertaining the same opinion. Moreover he does not state, where he supposes that this book, and those authentic copies, may be found; so as to enable the court to judge, how far a reasonable expectation of obtaining them, might be entertained. On the ground of this book and these copies, therefore, there was no pretence for a continuance. As to the witnesses, it is manifest, that, from their very distant and dispersed situation, there existed no ground of reasonable expectation, that their attendance could be procured at the next term, or at any subsequent time. Indeed, the idea of postponing the trial of an indictment till witnesses could be convened at Richmond, from South Carolina, New Hampshire and the western extremities of Virginia, is too chimerical to be seriously entertained. Accordingly, the traverser, though in his affidavit he stated them to be material, and declared that he could not procure them at that term, could not venture to declare on oath, that he expected to procure it at the next, or at any other time; much less that he had any reasonable ground for such expectation. On this ground, therefore, the affidavit was clearly insufficient, and it was consequently the duty of the court to reject such application.
But the testimony of these witnesses, as stated in the affidavit, was wholly immaterial, and as to their absence, was no ground for a continuance, had there been reasonable ground for expecting their attendance at the next term.
William Coxe and Tenth Coxe, were to prove that Mr. Adams had turned them out of office, for their political opinions or conduct. This applied to that part of the publication, which constituted the matter of the third charge in the indictment. In these words, "the same system of prosecution extended full over the country. Every person holding an office, must either quit it, or think and vote exactly with Mr. Adams." Judge Pease was to prove, that Mr. Adams had advised and requested him by letter, in the year 1799, to deliver Thomas Nash, one of the New Hampshire delegates to the British council, in Charleston. This might have had some application to the matter of the seventh charge, which alleges that "the hands of Mr. Adams, were reeking with the blood of the poor, friendless, Connecticut sailor." Timothy Pickering was to prove, that Mr. Adams, while president, and while congress was in session, was many weeks in possession of important despatches from the American minister in France, without communicating them to congress. This testimony was utterly immaterial; because, admitting the fact to be so, Mr. Adams was not bound, in any respect, to communicate those despatches to congress, and in his discretion he should think it necessary; and also, because the fact, if true, had no relation to any part of the indictment. There are, indeed, three charges, on which it might at first sight seem to have some slight bearing. These are the eighth, the words furnishing the matter of which are, "every feature in the administration of Mr. Adams, forms a dis-

tinet and additional evidence, that he was determined at all events, to embroil this country with France." The fourteenth, the words stated in which, allege, that "by sending these ambassadors to Paris, Mr. Adams and his British faction, designed to do nothing but mischief," and the eighteenth, the matter of which states, "that in the midst of such a scene of profligacy and usury, the president persisted as long as he durst, in making his utmost efforts, for provoking a French war." To no other charge in the indictment, had the evidence of Timothy Pickering, as stated in the affidavit, the remotest affinity. And surely, it will not be pretended by any man, who shall compare this evidence, with the three charges above-mentioned, that the fact intended to be proved by it, furnished any evidence proper to go to a jury, in support of either of those charges, that "every feature of his administration, formed a distinct and arial evidence, of a determination at all events, to embroil this country with France," that "in sending ambassadors to Paris, he intended nothing but mischief," that "in the midst of a scene of profligacy and usury, he persisted, as long as he durst, in making his utmost efforts for provoking a French war." The charges which he might be supported or justified, by the circumstances of his keeping in his possession, for several weeks, while Congress was in session, despatches from the American minister in France, which he communicating them to Congress, which he was not bound to do, and which it was his duty not to do, if he supposed that the communication, at an earlier period, would be injurious to the public interest. The testimony of William B. Giles and Stephens Thompson Mason, was to prove, that Mr. Adams had uttered in their hearing, certain sentiments, favourable to aristocratic or monarchical principles of government.
This had no application except to a part of the twelfth charge; which has been already shown to be wholly immaterial if taken separately, and wholly incapable of a separate justification, if considered as part of an entire charge. And lastly, it was to be proved by general Blackburn, that in his answer to an address, Mr. Adams avowed, "that there was a party in Virginia, which deserved to be humbled into dust and ashes, before the indignant frowns of their injured, insulted, and offended country." There were but two charges to which this answer to which this fact, if true, had the most distant resemblance. These are the fifteenth and sixteenth, the words of the matter of which, call Mr. Adams "an hoary headed libeller of the governor of Virginia, who with all the power, but without the propriety of a master of Homer's Achilles, had flung to winds, then, to winds" and "was floating on the bla of popularity, intended to make Richmond the centre point of a battery." It would be a waste of the patience of this honorable court, to occupy any part of its time in proving, that the fact intended to be proved by general Blackburn, could not in the slightest degree support or justify such charges as these.
This is the account given of the testimony of the absent witnesses, by the affidavit filed as the ground of the motion for a continuance. From a comparison of it with the indictment, it will appear, that out of twenty charges in the indictment, there were but eight to which any part of the testimony of these witnesses had the most distant allusion; and that of those eight charges there are five, of which the testimony, having some allusion to them, could not in the slightest degree support. Twelve charges therefore, remained without even an attempt to justify them; and a seventh were wholly destitute of any real justification. On these seven charges, therefore, the traverser had been convicted; even if the remaining three had been completely justified by the testimony of the absent witnesses. The conviction on these seven charges, or even on one of them, would have put it into the power of the court to fine and imprison the traverser for the whole amount allowed by the law. If the truth of these three charges, admitting it to be established, could have an effect in mitigating the punishment, which depended on the court and not on the jury, the court in passing sentence might make, and in this case, actually did make, the fullest abatement on that account that the testimony if adduced would warrant.
This testimony, therefore, was in every view immaterial; and, had it been material, there existed no ground of reasonable expectation, that it could be obtained at the next term, or any future
term. For these reasons, and not from those criminal motives, which, without the least shadow of proof, are ascribed to him, this respondent did overrule and reject the motion for a continuance till the next term: as it was his duty to do, since he had no discretion in the case, but was bound by the rules of law.
But in order to afford every accommodation to the traverser and his counsel, which it was in his power to give, this respondent did offer to postpone the trial for a month or more, in order to afford them full time for preparation, and for procuring such testimony as was within their reach. This indulgence they thought proper to refuse.
On Monday, the second, and Tuesday, the third day of June, 1800, when Judge Griffin had taken his seat in court, and was on the bench, the counsel for the traverser, renewed their motion for a continuance, founded on the same affidavit, and after a full hearing and consideration of the argument, the court, Judge Griffin concurring, overruled the motion, and ordered the trial to proceed.
If this decision be correct, as he believes and insists that it is, no offence could be committed by him in making or concurring in it. It was a proper and legal performance of his duty as a judge. If it be erroneous, still the error, if an honest one, cannot be an offence, much less a high crime and misdemeanor; and as in his colleague it has been considered an honest error, he confidently trusts it will be considered so in him also.
To the third charge adduced in support of the article now under consideration, the charge of using "unusual, rude, and contemptuous expressions, towards the prisoner's counsel," and of "falsely insinuating, that they wished to excite the public fears and indignation, and to produce that insubordination to law, to which the conduct of this respondent did manifestly tend," he cannot answer otherwise than by a general denial. A charge so vague, admits not of precise or particular refutation. He denies that there was any thing unusual or intentionally rude or contemptuous in his conduct or his expressions towards the prisoner's counsel; that he made any false insinuation whatever against them, or that his own conduct tended in any manner to produce insubordination to law. On the contrary it was his wish and intention, to treat the counsel with the respect due to their situation and functions, and with the decorum due to his own character. He thought it his duty to restrain such of their attempts as he considered improper, and to overrule motions made by them, which he considered as unfounded in law; but this it was his wish to accomplish in the manner least likely to offend, from which every consideration concurred in dissuading him. He did indeed think at that time, and still remains under the impression, that the traverser's counsel, whether from intention or not he will not undertake to say, was disrespectful, irritating, and highly incorrect. That conduct which he viewed in this light, might have produced some irritation in a temper naturally quick and warm, and that this irritation might, notwithstanding his endeavours to suppress it, have appeared in his manner and in his expressions, he thinks not improbable; for he has had occasions of feeling and lamenting the want of sufficient caution and self-command, in things of this nature. But he confidently affirms, that his conduct in this particular was free from intentional impropriety; and this respondent denies, that any part of his conduct was such as ought to have induced the traverser's counsel to "abandon the cause of their client," nor does he believe that any such cause did induce them to take that step. On the contrary, he believes that it was taken by them under the influence of passion, or for some motive into which this respondent forbears at this time to inquire. And this respondent admits, that the said traverser was convicted and condemned to fine and imprisonment, but not by reason of the abandonment of his defence by his counsel; but because the charges against him were clearly proved, and no defence was made or attempted to be made against far the greater number of them.
The fourth charge in support of this article, attributes to this respondent, "repeated and vexatious interruptions of the said counsel, which at length induced them to abandon the cause of their client, who was therefore convicted, and condemned to fine and imprisonment." To this charge also, it is impossible to give any other answer but a general denial. He avers that he never interrupted the traverser's counsel vexatiously, or except when he considered it his duty to do so. It cannot be denied that courts have power to interrupt counsel, when
in their opinion the correctness of proceeding requires it. In this, as in every thing else, they may err. They may sometimes act under the influence of momentary passion or irritation, to which they are common with other men, are liable. But unless their conduct in such cases, though improper or ill-judged, be clearly shewn to proceed, not from human infirmity, but from improper motives, it cannot be imputed to them as an offence, much less as a crime or misdemeanor.
Lastly, this respondent is charged under this article, with an "indecent solicitude, manifested by him, for the conviction of the accused, unbecoming even a public prosecutor, but highly disgraceful to the character of a judge, as it was subversive of justice." This is another charge of which it is impossible to give a precise refutation, and to a general denial of which, this respondent must therefore confine himself. He denies that he felt any solicitude whatever for the conviction of the traverser; other than the general wish natural to every friend of truth, decorum, and virtue, that persons guilty of such offences, as that of which the traverser stood indicted should be brought to punishment, for the sake of example. He has no hesitation to acknowledge, that his indignation was strongly excited, by the atrocious and profligate libel which the traverser was charged with having written and published. This indignation, he believes, was felt by every virtuous and honourable man in the community, of every party, who had read the book in question, or become acquainted with its contents. How properly it was felt, will appear from the book itself, which this respondent has ready to produce to this honourable court; from the parts of it incorporated into the indictment now under consideration; and from some further extracts contained in the paper marked exhibit No. 6, which this respondent prays leave to make part of this his answer. He admits, and it can never be to him a subject of self reproach or a cause of regret, that he partook largely in this general indignation, but he denies that it in any manner influenced his conduct towards the traverser, which was regulated by a conscientious regard to his duty and the laws. He moreover contends, that a solicitude to procure the conviction of the traverser, however unbecoming his character as a judge, would not have been an offence, had he felt it; unless it had given rise to some misconduct on his part. Intentions and feelings, unless accompanied by actions, do not constitute crimes in this country; where the guilt or innocence of men is not judged of by their wishes and solicititudes, but by their conduct and its motives. And this respondent thinks it his duty, on this occasion, to enter his solemn protest against the introduction in this country, of those arbitrary principles at once the offspring and the instruments of despotism, which would make "high crime and misdemeanor" to consist in "rude and contemptuous expressions," in "vexatious interruptions of counsel," and in the manifestations of "indecent solicitude" for the conviction of a most notorious offender. Such conduct is no doubt, improper and unbecoming in any person, and much more so in a judge; but it is too susceptible of forced interpretations, according to the impulse of passion or the views of policy, to be admitted into the class of punishable offences, under a system of law whose certainty and precision in the definition of crimes, is its greatest glory; and the greatest privilege of those who live under its sway.
In concluding his defence against those charges contained in the fourth article of impeachment, he declares, that his whole conduct in that trial, was regulated by a strict regard to the principles of law, and by an honest desire to do justice between the United States and the party accused. He felt a sincere wish, on the one hand, that the traverser might establish his innocence, by those fair and sufficient means which the law allows; and a determination, on the other, that he should not, by subterfuges and frivolous pretences, sport with the justice of the country, and evade that punishment of which, if guilty, he was so proper an object. Those intentions he is confident, were legal and laudable; and if, in any part of his conduct, he swerved from this line, it was an error of his judgment and not of his heart.
And the said respondent for the plea to the said fourth article of impeachment, saith that he is not guilty of any high crime and misdemeanor, as in and by the said fourth article is alleged against him and this he prays, may be inquired of by this honorable court, in such
manner as law and justice shall seem to require.
[To be continued.]
LONDON, February 9.
The king of Sweden has at length acknowledged the Emperor of Germany in his new character of emperor of Austria. His Swedish majesty, it is said, has determined to send a new minister to London.
A new city, to be called "Napoleon," is according to a letter from Fontenoy, to be erected without loss of time, in the neighbourhood of which, the Emperor will have a mansion, or grand hunting box, with an extensive park, the expense of which is to be defrayed out of the funds of the crown. The building of the town will be commenced without delay, and is expected to be finished in less than two years. The plan has been finally determined upon by the Emperor.
The hint in the last French papers that Bonaparte means to make his brother King of Lombardy, causes no little speculation among politicians on this side of the water, and no doubt will excite equal surprise on the continent. It may tend to open the eyes, or if they already see, to raise into action those powers which, without offering any resistance, have permitted him to carry on his schemes of aggrandizement. Holland and Spain will probably be the next to receive a ruler from the Corsican family. Switzerland will also experience a similar favor, for nothing like a republic will be permitted in the neighborhood of France. How happy for England that our government has seen through the schemes of the Tyrant for the subjugation of Europe!
NEW-YORK, April 3.
We learn by the ship Octavia, Capt. Frazar, from the Mediterranean, that the English ship Aurora of 22 guns and a frigate were convoying a large fleet near the Barbary coast; they were attacked by two French frigates. In the engagement the Aurora was blown up, and the frigate taken with twenty sail of merchantmen.
IMPORTANT!
We learn from an authentic source, that our government have received official notice that our trade with the blacks of St. Domingo is absolutely prohibited, and the neutral vessels bound to or from any port in their possession will be seized and the crews tried under a military commission and executed. This intelligence may be relied upon.
(U. S. Gaz.)
MARTINSBURG, April 12.
The Election for Representatives of the County of Jefferson in the General Assembly of Virginia, and for a person to represent the Counties of Berkeley, Jefferson and Hampshire in the Congress of the United States was held on Charles Town on Tuesday last. It was not in our power to obtain a correct statement of the poll, but are informed from undoubted authority, that Maj. Joseph Crane and Daniel Morgan, Esq. are elected to represent Jefferson County in the Assembly of this state, and that Col. Morrow had a majority of fifty votes over Maj. Stephen on, for Congress.
Extract of a Letter to a Friend.
I am not surprised that reflecting men in other states, should deplore the present situation and prospects of revolutionary Pennsylvania. For the two last years the state has been divided into three parties, without any serious apprehensions of the consequences. About two weeks since Duane and Leib with other violent democrats, broached the idea of petitioning the legislature to call a convention, for the purpose of altering our excellent constitution; on which the third party immediately associated as a Democratic Society, to oppose the measure. The dangerous example being set, and the violent party being unwilling to be out done in anything that resembled France, instantly formed a Jacobin Club, under the title of "Friends of the People." The federalists have calmly remonstrated against altering the present constitution and form of government.
What the end of all this may be, time only will unfold, but if a union does not take place among the friends to order and good government, we shall shortly be in a high road to anarchy and confusion. Many of the federalists had hoped that

what may be called the moderate, or American democrats, and who by the bye are the weak part of the three parties, would have invited union, but in their address to the public, they appear to take considerable pains to convince their former associates, that they need entertain no jealousy on the score of joining the federalists. This notwithstanding, I yet hope that the long American spirit will prevail against foreign adventurers, who have been encouraged by the folly of our own people, to set themselves in opposition to our most approved patriots and statesmen.
When our executive first responded to the addresses of the violent democrats, he supposed he would be able to keep them within due bounds, but I presume he now begins to think differently.
[U. S. Gaz.]
BLOOD! BLOOD!
The following threatening Denunciation is thrown out by Duane against the third party, Democrats in Pennsylvania.
"They will petition loudly for a reprieve—they will stir up every interest in their power to procure their pardon—they will wrangle, and twist, and turn—they know THEY ARE ON THE ROAD TO THE SCAFFOLD, and MUST MEET THEIR FATE; but that fear they will endeavour to prostrate—Republicans, be not moved by their entreaties.
"Then look at the tree, and then transcribe the earth."
"Then let him die on the rope, but seem'd loath to depart."
On this the Editor of the Freeman's Journal, also a moderate paper, thus expresses himself:—
"Duane more than all, shed cold blooded expressions every day from the lips of the bloody Robespierre, or Marat. The perpetrators of crimes never let their whim escape out at once—they first hint at them, then gradually proceed to unfold their designs, till the very name of murder no longer shocks the ear. Had Robespierre and Marat, at the first moment of their political existence, unfolded all their blood-thirsty views, the people would have run upon them, and have annihilated them. But concealing their designs under the mask of republicanism, and their great regard for the "people's rights," they first wormed themselves into power and then—then did the streets of Paris flow with streams of human blood."
Having received from Commodore Preble, information that the Neapolitan government cannot possibly spare to Commodore Barron, any of their gun-boats for the ensuing summer, the SECRETARY OF THE NAVY has issued orders for the equipment of TEN GUN BOATS to leave the U. States, so as to form our squadron in the Mediterranean about the 1st of July. Owing to the violent gales of wind that usually prevail on the coast of Tripoli before the month of July, gun-boats cannot be used to advantage, or even with safety before that period. [Nat. Int.]
The courts of Oyer and Terminer and General Gaol Delivery, in and for the county of Bergen, (N. J.) will be held on Tuesday next. Rumour says, that Aaron Burr, Esq. the late vice president, will attend to traverse his indictment. Indeed it is believed to be reduced to a certainty. This question which has for sometime past given rise to considerable discussion, will soon, in all probability, be put to rest. [Ullensack post.]
It is mentioned in the Gazette of the United States, that the expense to which the nation has been put, by the trial of Judge Chase (a trial set on foot by the violent, hot headed demagogues of the day) is probably greater than the amount which would be required to redeem our countrymen, now dragging their chains in Tripoli. [Char. Cour.]
A few remarks for the consideration of the Citizens of Berkeley County.
FELLOW-CITIZENS,
I DISCOVER by a publication in the Berkeley and Jefferson Intelligencer, that Mr. John Gray offers as a candidate at the next election for members to the General Assembly of Virginia. It was expected that Mr. Gray would have published the second edition of his political creed before this time, but as he has not done this, I must have recourse to his first address to the citizens of Berkeley
on that head. He says (if I do not mistake him, for I have not his address at hand) that from the time he was capable of reflecting on the civil rights of man, he was a friend to republican governments. How far this declaration agrees with his conduct during the American revolution, I leave you to judge from the following remarks. Early in the revolutionary war, the people of these states, according to their attachments, prejudices, and the views they had of the contest we were then engaged in with a powerful enemy, attached themselves to one, or the other, of two parties denominated whigs and tories. Between these two parties there could be no neutral position taken. Every person who was a friend to liberty came forward, and evinced by overt acts, his attachment to the cause of his bleeding country, those who withheld that aid in their power to give, were very justly deemed monarchists and tories. Mr. Gray did not, I believe (for I will do him justice) take up arms against this country, nor embody himself with its enemies, but so far as his example and influence went, by discouraging the friends of the revolution, extolling the omnipotence of Great Britain, and urging the ruinous consequences that would follow if we were conquered by the mother country, &c. It had a tendency to raise the spirits, and strengthen the hand of the tory party, and depress the other, these were some of the mischievous effects of tory influence. Indeed, he was so warm a tory that he fell out with his best friends and nearest connections, who differed from him in opinion on these subjects.
The republican form of government we now live under, is the result of a long and bloody contest for freedom and independence; that we could adopt no other form of government on our separation from Britain, must be evident to every person of the least discernment. Now if Mr. Gray was attached from his infancy to republican governments, as he says he was, why not embrace the first opportunity that had offered for ages, of contributing his mite to establish that form of government which lay so near his heart. But, in order to be better understood, and to show more clearly the duties required of the militia during the war, I will propose to Mr. Gray the following queries.—Were you enrolled with the militia in order to a regular routine of duty, and did you do militia duty, either personally or by substitute? Did you stand a draft with the single men for what was termed eighteen months men, to serve in the regular army? Did you comply with the requisition of congress, and contribute your part to furnish shirts and other clothing, together with a beef from each class, for the use of the troops? Did you in the year 1799 or 80, unite with any class of the militia, to furnish a soldier for three years, or during the war? And finally, did you pay your taxes yearly and every year, thro' the war? Or rather, were you not engaged (whilst the friends of the revolution were bleeding at every pore) in a kind of speculating trade from this country, to the settlements west of the Alleghany mountains, in order to evade the laws requiring personal service, and taxes. Now if Mr. Gray cannot produce satisfactory evidence that he complied with the several requisitions and laws of his country, during our contest, he must be considered as a monarchist and tory. Yes—Mr. Gray, a monarchist and tory, however degrading the name, you must bear it.
Many of you my fellow-citizens, who are now entitled to the right of suffrage, were in the time of our revolutionary war, in a state of nonage, and cannot from the mere rehearsal of transactions that took place at that time, have any just conception of the atrocity, the plans and conspiracies of that class of people called tories, but you can form an opinion of the value of the prize we contended for; by the blessings we enjoy under that government, which the tories did every thing in their power to prevent.
I sincerely wish Mr. Gray could content himself with the participation of the common advantages resulting from our good government, and not arrogate to himself a name (republican) or aspire to hold that station under it, which he can have no pretensions to claim.
The friends of the revolution wish to forgive (forget they cannot) their old and avowed enemies, and it is really painful to be under the necessity of recurring to past transactions, to place the conduct of such men in a proper point of view.
I do confidently assert, that four fifths of the people of these states, did, and now do, approve of our separation from
Britain, and the means made use of for that end; this consideration alone, will enable you to judge with what propriety you can give your suffrage to a man who was inimical to your best interests, in the most trying times.
A WHIG OF SEVENTY-SIX.
Deptford, April 10, 1805.
Lewis & Robert Willis,
Have just received and are now opening a variety of
SPRING and SUMMER
GOODS.
Selected from the newest and most fashionable importations, together with a general assortment of
  Queen's Ware,  Glass Ware,    Hard Ware,  Sadlery & Cutlery.    They have also on hand,    Imperial,  French Brandy,    Hesson,  Sherry,    Hesson Skin,  Port & } Wines.    Souchong & }  Lisbon, }    Bohea,  Holland Gin,    Country twilled  N. E. Rum,    Bags,  Rye Whiskey, &    Spinning Cotton,  Apple Brandy,    Crowley and Blistered Steel, &c. &c.   
All of which they are determined to sell unusually low for Cash, or approved of Country Produce. They are with much respect, the public's obliged and humble servants.
Martinsburg, April 12, 1805.
A list of Letters remaining in the Post Office, Shepherd's-Town, on the 1st of April, 1805, which if not taken out before the 1st of July next, will be sent to the General Post Office as dead letters.
  Zadoc Blames.  Henry Barnhart.    D. John Briley.  Matilda Brown.    C. Thomas Cooks.  Henry Cookus, 2.    Abraham Cox.  John Campbell.    D. Edward Dilman.     F. Henry Ferman, care of N. Murrain.     H. William Haines.  Mary Holladay.    Abraham Hively.  Valentine Hill.—    John Hewitt, 2.     L. Michael Leble.  Robert Lemon.    M. John Melvin.  James M'Kisick.    James M'Gee.  Christian M'hupcy.—    Thomas M'Cance.  Abraham Morgan.    N. Reuben Newkirk.     R. Robert Russell.     S. Stephen Shaw.  David Sugar.    T. Anthony Turner.     U. John Unsell.     W. Solomon Williams.  Mary Williams.    Amason, Adrian Wincoop.    JAMES BROWN, P. M.
TO BE SOLD,
PURSUANT to a Deed of Trust executed to the subscriber by Van Rughford, to secure the payment of a certain sum of money, in the said deed acknowledged to be due from him to Joseph Chambers, a certain Lot of Land in the town of Shepherd's-Town and County of Jefferson, known in the plan of said town by No. 129, on which there is a good Dwelling House, Kitchen, &c.—Also one Lot of Land in the town of Charles-Town and County aforesaid, known in the plan of said town by No. 10, on which there is a good Dwelling House and some out Houses.—Also one half of Lot No. 5, and one half of Lot No. 6, in said town of Charles-Town. The abovementioned Lot in Shepherd's-Town, with its appurtenances, will be set up for sale, on the premises, to the highest bidder for ready money, on Friday the 17th day of May next, those in Charles-Town on the day following, to wit, the 18th May next, the sale to commence at 12 o'clock each day.
MATTHEW RANSON,
Trustee.
April 12, 1805.
The subscriber has a number of well-finished
CLOCKS,
Which he will warrant for ten years, some of which have elegant Cases, that he will dispose of on advantageous terms, for good paper, or on a credit of six or nine months—He continues the Clock making and Watch repairing business.
He has also for sale, a number of Silver
WATCHES,
Of various kinds and prices.
REES BRANSON.
Martinsburg, April 12, 1805.
ROBERT MORROW,
BOOT & SHOE MAKER,
RESPECTFULLY informs the inhabitants of Martinsburg and its vicinity, that he has commenced the above business in this town, in the house lately occupied by Mr. J. Adamson, nearly opposite to Mr. C. D. Stewart's, where he will thank the public for any commands in his line, and engages to execute his work in such a manner as shall give entire satisfaction to his customers. Gentlemen may be furnished, on a short notice with the master Shoemaker's Boot, of every description —and ladies work of every kind will be executed with the greatest tast and in the most fashionable style.
April 12, 1805.
TAKE NOTICE.
THOSE indebted to the subscriber are informed that their respective obligations and accounts are lodged in the hands of Maj. Elisha Boyd for collection; and it is expected they will be discharged previous to May Court, at which time he intends to return to Martinsburg.
THOMAS PATTERSON.
April 12, 1805.
I HAVE had in my possession, since the 20th of March, a MARE of a light brown colour, about 15 hands high, 7 or 8 years old, is a natural trotter, one of her hind feet white, three small saddle marks, and new shoes on her fore feet, which mare I got in a swap from a person who called himself John Sark, and after the swap had taken place, he was suspected of having stolen the mare, and on his examination before a magistrate, he confessed he had escaped from the wheel barrow in Maryland; and he made his escape before he could be further prosecuted, leaving both the horse he swapped for and the above described mare with me. The said mare has been appraised according law, and valued at 80 dollars. As it is probable the said mare was stolen, the owner may have her again by proving property and paying charges.
HUGH DAVIDSON.
Mill-Creek, Berkeley County, April 12, 1805.
The subscriber will sell at pub'le vendue , on Monday the 29th instant on the premises, a
Valuable Tract of Land,
Situate at the Bridge on Opeckon Creek, on the main road leading from Martinsburg to Shepherd's-Town, 2 miles from the former and 7 from the latter place, in Berkeley County—This tract contains 375 acres, more than 200 of which are cleared, about 70 acres of good Bottom land, all of which can easily be converted into Meadow—The above tract will be divided into two equal parts, and sold separately. The terms will be one half the purchase money in hand, the other half in twelve months. This tract is free from any incumbrance, and a clear and indisputable title will be made the purchaser. Possession may be had immediately.
DANIEL VAN METRE.
April 12, 1805.
The elegant full-bred Horse,
CLYTO,
WILL stand this season at the stable of Mrs. Eckhart in Shepherd's-Town, Jefferson County, at the low rate of 8 dollars the season, to be paid against the 1st of September next, 1 at 6 dollars will be taken in lieu of the 8 if paid within the season, and 12 dollars for insurance, to be paid as soon as the mare is known to be with foal, disposing of the mare forfeits the money whether she is with foal or not. The season has commenced and will end the 1st of July. His colts meet with the approbation of the people generally, and are considered superior to any others in this county—Clyto will stand the first day of the election at Mr. Grove's stable in Martinsburg.
MACKY MCULLOH.
April 12, 1805.

What is Man?
***** A bubble rais'd in play, Which swells awhile; sports its quick varying tints, A borrowed er from the sun; then burst- ing melts Into its parent elements, nor leaves A trace behind. Man is creation's won- der! With faculties that walk the range of Heaven; With appetites that gorge upon the earth; An angel and brute; extended in desire With space and time yet bounded in fruition By a mere point and moment. Bless his aim, But his attainment anguish. He is upon From day to day in care of sorrow; long; While hour to hour repeats the same dull tale, Till wearied nature sleeps; or, motion- like, He glares and flashes with ill-sav'd splen- dor, Till this thin flame is spent. Our morn of life Is wet with sorrow's dew; our noon invok'd In passion's storm; our evening pale and chill, And fading into night; and, when this sun Is quenched in darkness, shall no day- star rise To warm and waken us? There shall! And then The joys and cares that shook this fev- rish life, Shall be no more rememb'red than a dream. Yes! 'tis the distant beam of this new day Which tells this vale with all its boasts and lustre, And fills our nerves with spirits for our travel.
REMOVAL.
THE subscriber respectfully informs his friends and the public, that he has removed from his house on the Main Street, to his house on the Main Street, where he has an opportunity of being more convenient to his friends.
Dry Goods, Groceries, Provisions, &c.
in a new building, has just received a large and well-selected assortment of
Bar Iron, Plow-Irons, &c.
A large quantity of Weaver's REEDS, of all sizes.
THOMAS C. SMITH. Martinsburg, April 5, 1805.
NOTH is hereby given, that a dissolution of the partnership of Phillis Brady & John McKiernan, took place on the first day of the present month, by mutual consent, all persons then concerned in the said firm, will please call their accounts, and settle the same with the affairs of the respective partners, after which they will be responsible for their respective accounts.
PHILLIS BRADY, JOHN MCKIERNAN. April 5, 1805.
Phillis Brady
Respectfully informs her friends and the public, that she has removed again to her house on the Main Street, where she will be found with a large quantity of goods, with prices adapted to the times, for the purchaser. She is a person who has plenty of good sense, and hopes, from recent assurances of satisfaction, to merit a continuance of his custom.
BY virtue of a deed of trust executed to the subscriber, on a house and lot, will be offered for sale on the premises, for cash, on Saturday the 13th instant, one Lot of Ground, with the improve- ments thereon, lying and being in Dukeville, near Martinsburg, Berkeley County. The said Lot was given for the purpose of securing a debt due to Jessen Brown, as stated in said deed.
ELISHA BOYD. April 5, 1805.
A variety of BLANKS for sale at this Office.
Fresh Spring Goods.
THE subscribers respectfully inform their friends and the public, that they are now opening an extensive and complete assortment of FRESH Spring GOODS, of every description, which they are selling cheap.
JAMES & JOHN LANE. Shepherd's-Town, April 5, 1805.
THE subscriber intending to leave this County in a few days, informs the public that he shall return the last week in May next, when he intends to make a final settlement of his affairs in this country—Those having claims a- gainst him, will then find him at Mr. John McCleary's tavern in Martinsburg, where, it is hoped, all indebted to him, will call and settle their accounts.
WILLIAM PATTERSON. April 5, 1805.
To be Sold,
ON Saturday the 13th instant, at the sign of General Washington, in Martinsburg, one Negro Woman and Child, belonging to the estate of Isaac Evans, dec'd. One half the purchase money to be paid in hand, the other in six months, the purchaser giving bond with approved security.
JOHN FRYATT, Exr. April 5, 1805.
EIGHT DOLLARS REWARD.
STOLEN or strayed from the sub- scriber's stable on Wednesday the 20th of March last, a dark bay mare heavy with foal, trots and paces, but not active as to her gates, has a small white round each of her hind feet, and a remarkable thick mane, about fourteen and a half hands high, has no other per- ceivable mark to my knowledge. Any person taking up said mare and deliver- ing her to me shall receive the above re- ward with reasonable charges.
JOHN UNSELD, jun. Shepherd's-Town, April 5, 1805.
N. B. The mare is four years old this spring and shod all round.
The elegant full-blooded Horse YOUNG LOFTY
WILL stand this season, the three first days in each week, at Ta- ler's Mill on Opeckon, and the three last days at Capt. Henry Klinger's (Es- uing Waters) 8 miles from Martinsburg, at the moderate price of four dollars and one bushel of oats or corn the season, two dollars each the single leap, and nine dollars to insure a foal—the money for the season to be paid the 1st of August next, and for his service when the mare proves with foal. The season has commenced and will end the last of June.
Young Lofty is a dark bay, fifteen and a half hands high, with a blaze on his face and two white legs, rising four years old, was got by the noted horse Sportsman, his dam was got by Young St. George, his grand dam by the Black Snake. It is unnecessary to say any thing more of his pedigree, as the ap- pearance of the horse will be sufficient to recommend him to every thing, until man.
JOHN DAUGHERTY. April 5, 1805.
TWENTY DOLLARS REWARD.
RAN away from the subscriber's farm in Charles County, Maryland, near Bryan Town, on or about the 20th of last month, negro BILL, he is about 25 years of age, tall and stout made, of a yellowish complexion, thick lips and narrow voice, walks with his toes turned out, his clothing I can't well describe, but his common wear was an old hat, white negro cotton over jacket and a pair of country cloth trowsers striped with yellow crossways, he formerly be- longed to the family of Neales in Corn- neck. I have reason to believe he will make for Berkeley County, Virginia, near Charles Town, where his father and mother live, belonging to Richard Lauding. Whoever takes up said fel- low, and secures him in any jail (fint of the county) and gives information to the subscriber so that he gets him again, shall receive the above reward and all reasonable charges paid if brought home, and if taken in the county five dollars.
AUGUSTUS BURCH. Charles County, March 20, 1805.
CAUTION.
WHEREAS many people have, un- der the pretence of hunting, fish- ing, &c. made it a practice to pass thro' my enclosures near Martinsburg, there- by destroying the fences and greatly in- juring my meadows and orchards—I do thereby request all persons, in passing through my enclosures under any pre- tence whatever, as I am determined to prosecute, non and every person, thus of- fending, or that may be found in any o- ther manner trespassing on my property.
EDWARD BEESON, sen. 29th day, 3d month, 1805.
REGIMENTAL ORDERS.
ORDERED, that the Officers com- manding companies in the 2d Bat- talion of the 67th Regiment, do attend a Court Martial to be held in Buckles Town on Friday the 12th of April next, for the purpose of assessing fines for de- linquencies in the said Battalion for 1804. The commanding Officers of companies in the 1st Battalion are also ordered to at- tend a Court Martial to be held at Ro- bert Snodgrass', on Back Creek, on Sat- urday the 13th of April, on similar bus- iness.—And all the Officers command- ing companies belonging to the 67th Re- giment are ordered to attend a Regimental Court Martial to be held in Mar- tinsburg, on Friday the 26th of April.
DAVID HUNTER, Lieut. Col. Com. March 29, 1805.
Smith's Shop to rent.
THE subscriber has to rent a Smith's Shop, with a Dry Stone House ad- joining, in a good situation for a Black- smith. The terms will be made easy. ROBERT SNODGRASS. Back Creek, March 2, 1805.
THE subscriber returns his most grateful acknowledgments to his friends and the public for the encourage- ment he has experienced, and respect- fully informs them that he has just re- ceived, and will continue to keep for sale at his Blacksmith's shop in the main street Martinsburg opposite to the In- dian Chief Tavern, a very large and complete assortment of
BAR-IRON.
of the best quality, selected with care by himself from the Iron Works, and which he will dispose of on the most reduced terms. He continues as usual to carry on the Blacksmith's business in all its va- rious branches, and flatters himself, that if good materials, manufactured in the most serviceable manner, together with the strictest attention to business, can secure the public favour, he shall not go unrewarded.
Any person can, with convenience and the free use of necessary tools, cut and beat off necessary. JOSEPH CHAMBERS. Martinsburg, March 29, 1805.
JOLLY EMPEROR
WILL stand this season, the three first days in each week, at the subscriber's plantation, about three- fourths of a mile from Opeckon bridge on the road leading to Shepherd's-Town, one-fourth of a mile from the Baptist meetinghouse, near Hester's mill, and cover mares at four and a half dollars the season, two dollars each the single leap, and eight dollars for insurance. The money for the season to be paid by the 1st of July, and for insurance when the mare proves with foal.
Jolly Emperor is a handsome gray, about sixteen hands high, four years old and well calculated for the saddle or geers. He was got by the celebrated horse Emperor, formerly kept at the Yellow-House, whose blood is well known—his dam was got by Old Snap. It is thought unnecessary to say any thing more of his pedigree, as his ap- pearance will be a sufficient recommen- dation. Great attention will be paid, but I will not be answerable for accidents. The season will begin the 1st of April and end the 1st of July.
ELI BELLER. March 29, 1805.
CASH
Given for clean Linen and Cotton
RAGS.
At the Office of the INTELLIGENCER.
A LARGE QUANTITY OF FRESH Clover Seed
for sale, by JEKIMIAH EVANS. Martinsburg, March 29, 1805.
YOUNG MEDLEY
WILL stand this season at the sub- scriber's plantation near Martins- burg (on which Capt. M. Tate lately lived) and cover mares at five dollars the season, one dollar and a half each the single leap, and eight dollars to insure a foal. The money for the season to be paid the 1st of September, and for in- surance when the mare proves with foal.
Young Medley is a handsome iron gray, fifteen and a half hands high and four years old in May next. He is ele- gantly formed, and has every mark of a good horse. The following pedigree will show from what stock he is de- scended.
Young Medley was foaled in May, 1801, his dam by Federal, who's sire was the imported St. George, his grand dam by Spott, imported by Mr. Ralph Waverly of Richmond county, his sire Federal, who's sire was gray Diomed, bred by Mr. John Factor of Mount Airy, his sire of Diomed was the imported Medley, his dam Louisa by Hobbs's Ruler, who's sire was the celebrated Old Ruler. The above is an extract of Young Medley's pedi- gree. Given under my hand this 22d day of March, 1805.
PROVIDENCE MCCORMACK.
The season will begin the first of A- pril and end the first of July. Great care will be taken of mares put to Med- ley, but I will not be answerable for ac- cidents. Postage may be had for mares coming from a distance.
ABRAHAM GORRELL. March 29, 1805.
Public Sale.
THE exposed at public sale, on Friday the 19th day of April next, at the sub- scriber's dwelling house in Shepherd's- Town, Jefferson County, the follow- ing Property, viz.
THE HOUSE and LOT, which I now occupy, being on the Main Street in said town—the house is very convenient and nicely finished, the Lot a full one with a number of choice fruit trees on it: one active, strong young horse, suitable either for the saddle or geers; one excellent Milch Cow; some Feather Beds and Bedding; one Ten Plate Stove with the pipe belonging thereto; one fashionable walnut Corner Cupboard, with a number of other arti- cles unnecessary to mention. The sale to begin at ten o'clock, A.M. and con- tinue from day to day until the whole is sold. A credit of eight months will be given on all sums above eight dollars, on the purchaser giving note with approved security.
GEORGE OX. Shepherd's-Town, March 22, 1805.
TO BE SOLD,
A VALUABLE PLANTATION and Tract of Land, containing one hundred and fifty-nine acres and a half, bordered, lying on the streams of Middle- Creek, in Berkeley County, adjoining the land of Capt. J. W. Campbell, John Lee and John Gray, there are on the premises, a convenient Farm House, good Barn, a number of bearing Apple Trees, that seldom miss bearing, about seventy acres of clear land, inclosed in five fields, the remainder well clothed with Timber. For terms apply to the subscriber living on the premises.
JOHN CROTHERS. March 22, 1805.
N. B. There is convenient to the house, a never failing Well of excellent Water with a new Pump.
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 subscription, and the other 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. Spaniards and contractors who insert advertisements of one-fourth on their advertise- ments.