Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-04-05 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 46 of Volume VI.]
FRIDAY, April 5, 1805.
[Whole No. 306.]
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 1, 1805.
To the Freeholders of Jefferson County.
FELLOW CITIZENS,
I OFFER myself as a Candidate at the ensuing election to represent you in the State Legislature.
I am, Gentlemen, with much respect, your most obt. servt. JOSEPH CRANE.
March 8, 1805.
George Tate
RESPECTFULLY informs the inhabitants of Jefferson County, that he will offer himself as a Candidate at the next Election; and if chosen, will, as heretofore, again faithfully represent them in the next General Assembly of this State.
March 15, 1805.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town. } February 12, 1805. }
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office:
DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, &c. &c. &c.
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit a 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 Gale.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively; and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C.B.C.
Winter Goods and Groceries.
THE SUBSCRIBER
Has just received and finished opening, (part from Philadelphia and part from Baltimore.) a very large supply of
Choice Winter Goods and Groceries,
Which, in addition to his former stock, makes his assortment more complete than ever, consisting of almost every article in the Dry Goods and Grocery line, too numerous to particularise—all which he begs leave to offer his friends and the public in general, at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctual customers.
WARRANTED
Bolting Cloths,
Superfine, Common and Midling, of the first quality, for sale on the usual terms. N. B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed.
With the greatest esteem. He remains the public's obt. and his ob. servt.
PHILIP NADEBOUSCH. Martinsburg, January 11, 1805.
THE subscriber has lost the following Books, viz. the 3rd Volume of the Abbe's; 1st and 2nd volume of Adamina; 1st, 2nd, 3rd, and 7th volumes of Clarissa Harlow; Bruce's travels to the source of the Nile, bound in blue paper; the Investigating committee's report on the state of the finances, &c. of the session before last, exhibiting the state of the outstanding, unliquidated claims and balances due the United States, stitched in strong white pasteboard.
Any person who has borrowed, or who may now have in possession, any of the above Books, are requested to return them immediately.
JAMES FAULKNER. Martinsburg, March 8, 1805.
More Fresh Goods.
The subscriber begs leave to inform his friends and the public generally, that he has just received, and is now opening, a very handsome assortment of
GOODS,
suitable for the present and approaching season, which, in addition to the Stock purchased from the late firm of Smith & Co. makes his assortment complete—which he is determined to sell unusually low for Cash.
THOMAS C. SMITH. Martinsburg, February 22, 1805.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Limestone Land, well watered, with at least 7 springs—150 acres are cleared and well enclosed, 8 acres of Meadow are made, and more Meadow land; the remainder of the tract is well covered with fine timber.—On the premises are a convenient Dwelling House, newly finished, Kitchen, a large Barn, Distillery, Fulling Mill, and some out houses, with a number of Fruit trees.—There is a good mill-seat, with a sufficiency of water, on this tract.
He will also sell one other tract of Land, situate on the river Potomak, near Richardson's Ferry, containing 102 acres, 40 of which are cleared, the greater part river bottom, the remainder of the Land is well timbered, and has a large sugar-camp on it—a small House is now built, and logs ready for raising a larger one. For terms apply to the subscriber.
WILLIAM SNODGRASS. Back Creek, June 22, 1804.
BY virtue of a decree issued from the District Chancery Court held at Staunton, in the case of William Hodgson against James M'Donald, will be offered at public sale on Saturday the sixth day of April next, at two o'clock in the afternoon, on the premises, for ready money, half a Lot of GROUND, lying on King's-street, in the town of Martinsburg, whereon are standing several useful improvements, a good looking two story STONE DWELLING HOUSE, containing six rooms with some pains bestowed on their inside work, with a cellar under the whole, a kitchen and other common appendant buildings, with a well on the premises, though it probably does not afford water at all seasons of the year, yet it is useful for the preservation of fresh provisions. This property is perhaps best known by the name of Duncan's stone house.
ELISHA BOYD, MATTHEW RANSONE, EPHRAIM GAITHER, Commissioners.
February 22, 1805.
The subscriber will sell his
PLANTATION, lying on the Drains of Mill Creek, about three miles from the Sunn Tavern, between that tavern and Sibert's mill.—This tract contains about 150 acres of good Land, 70 of which are cleared and under good fence, the balance of the Land is well timbered.—On it is an excellent Apple Orchard of about 200 thrifty trees, a large Peach Orchard and other fruit trees, 15 acres of good Meadow is now made, and more of the Land can easily be converted into meadow.—There are on the place a convenient Dwelling House, Barn, Stables, Smoke House, &c. and an excellent Garden 100 feet square newly paled, and several fine Springs. The subscriber being determined to leave this country, will sell the above Land at a very reduced price, for good pay he will let it go at 12 dollars per acre, and will take in part a Waggon and two good draft Horses.
JOHN HEATON.
March 15, 1805.
NOTICE.
THE public are informed that the Ferry Boat on the river Potomak opposite Shepherd's-Town, which was taken off some time since by the ice, is regained, without the smallest injury, and is crossing daily with the usual facility and safety, which so much accommodates the traveller. Those who are unacquainted with this excellent and safe crossing place, are informed, that no delays ever take place in consequence of high wind or water, owing to the peculiar situation of the river. An uncommonly fine Boat with excellent sober hands, is doubtless, a great inducement for travellers to pass this way, which is equally as near a road as any other from the back parts of Virginia and the Western countries to Baltimore and the City of Washington.
JOHN BLACKFORD.
March 8, 1805.
Dr. J. P. Harris,
ONCE more requests all who are indebted to him, to come in immediately and settle their accounts, either by paying them off, or by giving their notes for what may be due.—Being much pressed for money himself, he hopes this request will be deemed reasonable and speedily complied with.—His affairs are in such a train, that no long indulgence can possibly be given. February 22, 1805.
Berkeley County, ss.
February Court, 1805.
George Riley vs Daniel Sturgess.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C.B.C.
FOR SALE,
A VALUABLE FARM containing near four hundred acres, in the County of Jefferson, situated between Charles-Town and Shepherd's-Town, and about three miles from the Potomak river. A more particular description is deemed unnecessary, as it is presumed whoever in lines to purchase will first view the premises. This Farm may be divided to suit any person who may wish to purchase a less quantity than the whole. Possession may be had immediately. For terms apply to the subscriber living in Charles-Town, Jefferson County.
JOHN DIXON.
March 8, 1805.
LOFTY.
THE noted Horse Lofty will stand the ensuing season at Martinsburg, and cover mares at six dollars the season, and thirty seven cents to the groom. This Horse is three-fourths of the Arabian or racing blood, and one-fourth of the Don. His pedigree will hereafter be made known, if necessary. He will be stabled at next Court, which, it is presumed, will supercede the necessity of any further recommendation.
D. HUNTER.
March 15, 1805.
FOR HIRE, TWO
Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer.
January 11, 1805. (w. d.)

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.
[Judge Chase's Defence continued.]
The first question, therefore, and the only remaining one proposed to be put to this witness, stood alone, and an affirmative answer to it, if it could have proved any thing, could have proved only a part of the charge; namely, that Mr. Adams was an aristocrat. But evidence to prove a part only of an entire and indivisible charge, was inadmissible for the reasons stated above.
If on the other hand, the phrases in question, "that Mr. Adams was an aristocrat," that "he had proved faithful and serviceable to the British interest," were distinct and divisible, and constituted two distinct charges, which may perhaps be the proper way of considering them, still the abovementioned questions were improper and inadmissible, in that point of view.
The first charge in that case is, that Mr. Adams "was an aristocrat." To be an aristocrat, even if any precise and definite meaning could be affixed to the term, is not an offence either legal or moral; consequently, to charge a man with being an aristocrat is not a libel; and such a charge in an indictment for a libel, is wholly immaterial. Nothing is more clear, than that immaterial matters in legal proceedings ought not to be proved, and need not be disproved. In the next place, the term "aristocrat" is one of those vague indefinite terms, which admit not of precise meaning, and are not susceptible of proof. What one person might consider as aristocracy, another would consider as republicanism, and a third as democracy. If indictments could be supported on such grounds, the guilt or innocence of the party accused, must be measured not by any fixed or known rule, but by the opinions which the jurors appointed to try him might happen to entertain, concerning the nature of aristocracy or republicanism. And lastly the question itself was as vague, and as void of precise meaning, as the charge of which it was intended to furnish the proof. The witness was called upon to declare "whether he had heard Mr. Adams express any and what opinions, favourable to aristocracy or monarchy? How was it to be determined, whether an opinion was favourable to aristocracy or monarchy? One man would think it favourable and another not so, according to the opinions which they might respectively entertain, on political subjects. The first question, therefore, was inconclusive immaterial and inadmissible.
The second, as has already been remarked, was wholly and manifestly foreign from the matter in issue. Mr. Adams's dislike of the funding system, if he did in fact dislike it, had nothing to do with his aristocracy or his faithfulness to the British interest. There is no pretence for saying, that such a question ought to have been admitted.
As to the third, "whether Mr. Adams had not voted against the sequestration of British property, and the suspension of commercial intercourse with Great Britain," it has already been shown to be altogether improper; on the ground that such votes, if given by Mr. Adams, were no evidence whatever of his having been "faithful and serviceable to the British interest." If he had been so, provided it were, in his opinion, at the same time useful to the interests of his own country, which it well might be, and the contrary of which is not alleged by this part of the publication, taken separately, it was no offence of any kind; and to charge him with it, was not a libel. The charge was, therefore, immaterial and futile, and no evidence, for or against, could properly be received. And finally, if the charge had been material, and the giving of these votes, had been legal evidence to prove it, that fact was on record in the journal of the Senate, and might have been proved by that record, or an official copy of it. As this evidence was the highest of which the case admitted, no inferior evidence of it, such as oral proof is well known to be, could be admitted.
For these reasons this respondent did concur with his colleague the said Cyrus Griffin, in rejecting the three above mentioned questions; but not any other testimony that the said John Taylor, might have been able to give. In this he insists he acted legally and properly, according to the best of his ability. If he
erred, it is impossible, for the reasons stated in the beginning of his answer to this article, to suppose that he erred wilfully; since he could have had no possible motives for a piece of misconduct so shameful, and at the same time so well calculated to give offence. In a point so liable to apprehension and misrepresentation, and so likely to be used as a means of exciting public odium against him, it is far more probable, that he had been capable of bending his opinion of the law to other motives, he would have admitted illegal testimony; which, taken in its utmost effect, could have no tendency to thwart those plans of vengeance against the traverser, under the influence of which he is supposed to have acted.
If his error was an honest one, which as his colleague also fell into it, might in charity be supposed; and, as there is not a shadow of evidence to the contrary, must in law be presumed; he cannot, for committing it, be convicted of any offence, much less a high crime or misdemeanor, for which he must, on conviction, be deprived of his office.
And for plea to the said third article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanor, as in and by the said third article is alleged against him; and this he prays may be inquired of by this honourable court, in such manner as law and justice shall seem to them to require.
The fourth article of impeachment alleges, that during the whole course of the trial of James Thompson Callender abovementioned, the conduct of this respondent was marked by "manifest injustice, partiality and intemperance;" and five particular instances of the "injustice, partiality, and intemperance" are adduced.
The first consists, "in compelling the prisoners counsel to reduce to writing and submit to the inspection of the court, for their admission or rejection, all questions which the said counsel meant to propound to the abovementioned John Taylor, the witness."
This respondent, in answer to the article now under consideration, admits that the court, consisting of himself and the said Cyrus Griffin, did require the counsel for the traverser, on the trial of James Thompson Callender abovementioned, to reduce to writing the questions which they intended to put to the said witness. But he denies that it is more his act than the act of his colleague, who fully concurred in this measure. The measure, as he apprehends and insists, was strictly legal and proper; his reasons for adopting it, and he presumes those of his colleague, he will submit to this honourable court, in order to show that if he, in common with his colleague, committed an error, it was an error into which the best and wisest men might have honestly fallen.
It will not be denied, and cannot be doubted, that according to our laws, evidence, whether oral or written, may be rejected and prevented from going to the jury, on various grounds, — 1st. From incompetency: where the source from which the evidence is attempted to be drawn, is an improper source: as if a witness were to be called who was infamous, or interested in the event of the suit; or a paper should be offered in evidence, which was not between the same parties, or was not executed in the forms prescribed by law. 2d. For irrelevancy: when the evidence offered is not such, as in law will warrant the jury to infer the fact intended to be proved; or where that fact, if proved, is immaterial to the issue. For these reasons, and perhaps for others which might be specified, evidence may properly be rejected, in trials before our courts.
As little can it be doubted, that according to our laws, the court and not the jury, is the proper tribunal for deciding all questions relative to the admissibility of evidence. The effect of the evidence, when received, is to be judged of by the jury; but whether it ought to be received, must be determined by the court. This arises from the very constitution of the trial by jury; one fundamental principle of which is, that the jury must decide the case, not according to the vague notions, secret impressions, or general belief, but according to legal and proper evidence, delivered in court. So strictly is this rule observed, that if one juror have any knowledge of the matter in dispute, it may influence his own judgment but not that of his fellow jurors, unless he state it to them on oath in open court; and nothing is more common than for our courts, after all the evidence which the party can produce has been offered and received, to tell the jury that there is no evidence to support
the claim or the defence; or when proof is offered of a certain fact, to determine that such fact is not proper to be given in evidence.
Hence it results, and is every day's practice, that when a witness is produced, or a writing is offered in evidence, the opposite party having a right to object to the evidence if he should think it improper, requires to be informed what the witness is to prove, or to see the writing, before the first is examined, or the second is read to the jury. The court has the same right, resulting necessarily from its power to decide all questions relative to the admissibility of evidence. This right our courts are in the constant habit of exercising; not only when objections are made by the parties, but when there being no objection, the court itself has reason to suspect that the testimony is improper. In most cases, but not in all, consent in the opposite party removes all objections to the admissibility of evidence, and courts sometimes infer consent from silence; but as it is their duty to take care that no improper or illegal evidence goes to the jury, unless the objection to it be removed by consent of parties; it is, consequently their duty, in all cases where they see reason to suspect that the evidence offered is improper, to ascertain whether consent has been given, or whether the seeming acquiescence of the opposite party has proceeded from inattention. This is more particularly their duty in criminal cases, where they are bound to be counsel for the government, as well as for the party accused.
It being thus the right and duty of the court before which a trial takes place, to inform itself of the nature of the evidence offered, so as to be able to judge whether such evidence be proper, it results necessarily that they have a right to require, that any question intended to be put to a witness should be reduced to writing, for that is the form in which their deliberation upon it may be most perfect, and their judgment will be most likely to be correct. In the case now under consideration, the court did exercise this right. When the testimony of John Taylor was offered, the court inquired of the traverser's counsel, what that testimony was to prove. The statement of his testimony given in answer, induced the court to suspect that it was irrelevant and inadmissible. They therefore, that they might have an opportunity for more careful and accurate consideration, called upon the counsel to state in writing, the questions intended to be put to the witness.
This is the act done by the court, but concurred in by the respondent, which has been selected and adduced, as one of the proofs and instances of "manifest injustice, partiality, and intemperance" on his part. He owes an apology to this honourable court, for having occupied so much of its time with the refutation of a charge which has no claim to serious consideration, except what it derives from the respect due to the honourable body by which it was made, and the high character of the court where it is preferred.
The next circumstance stated by the article now under consideration, as an instance and proof of "manifest injustice, partiality and intemperance" in this respondent, is his refusal to postpone the trial of the said James Thompson Callender, "although an affidavit was regularly filed, stating the absence of material witness on behalf of the accused, and although it was manifest that with the utmost diligence the attendance of such witness could not have been procured at that term."
This respondent, in answer to that part of the charge, admits, that in the above mentioned trial, the traverser's counsel did move the court, while this respondent sat in it alone, for a continuance of the case until the next term; not merely a postponement of the trial, as the expressions used in this part of the article would seem to import; and did file as the ground work of their motion, an affidavit of the traverser, a true and official copy of which marked exhibit No. 5, this respondent herewith exhibits, and begs leave to make part of this answer, but he denies that any sufficient ground for a continuance until the next term, was disclosed by this affidavit; as he trusts will clearly appear from the following facts and observations.
The trial of an indictment at the term when it is found by the grand jury, is a matter of course, which the prosecutor can claim as a right, unless legal cause can be shown for a continuance. The prosecutor may consent to a continuance, but if he withhold his consent, the court cannot grant a continuance without a legal cause. Of the sufficiency and
legality of this cause, as of every other question of law, the court must judge; but it must decide on this as on every other point, according to the fixed and known rules of law.
One of the legal grounds, and the principal one on which such a continuance may be granted, is the absence of competent and material witnesses whom the party cannot produce at the present term, but has a reasonable ground for expecting to be able to produce at the next term. Analogous to this, is the inability to procure at the present term, legal and material written testimony, which the party has a reasonable expectation of being able to procure at the next term.
These rules are as reasonable and just in themselves, as they are essential to the due administration of justice, to the punishment of offences on the one hand, and to the protection of innocence on the other. If the continuance of a cause on the application of the party accused, were a matter of right, it is manifest that no indictment would be brought to trial until after a delay of many months. If, on the other hand, the granting of a continuance depended not on fixed rules, but on the arbitrary will of the court, it would follow that weakness or partiality might induce a court, on some occasions, to extend a very improper indulgence to the party accused; while on others, passion or prejudice might deprive him of the necessary means of making his defence. Hence the necessity of fixed rules, which the judges are bound to expound and apply, under the solemn sanction of their oath of office.
[To be continued.]
RICHMOND, March 19.
On Thursday last, Thomas Littlepage, of the county of King William, was riding on the road which leads from Piping Tree to Hanover town in the county of Hanover, in company with a Mr. Whitlock; when the latter suddenly checked his horse, and addressed his companion in words to the following effect: "Yonder is King. Take care, he'll shoot you." "Oh no," was the answer, "he is too d—d a coward." — the prediction, however, was too true. Mr. Littlepage turned the head of his horse towards Mr. King, when the latter levelled the gun which he held in his hand, and discharged it with too true an aim. The horse on which Mr. L. was mounted, immediately dropped and soon expired. Three buck shot entered the breast of the unfortunate rider. That the wound must have been mortal, appears from the declaration of the surgeon, who examined and probed it but death did not immediately ensue. Mr. L. appeared at first only stunned by the wound, and was recovering, when Mr. King, who had been hitherto standing on the other side of the fence, immediately crossed into the road, and drawing a pocket pistol, completely executed his purpose, by presenting it to Mr. L's head, and discharging it in that situation. The ball penetrated one side of the skull and came out at the other. Mr. King made no effort to escape the investigation of the law, and surrendered himself to the power of the civil magistrate.
On Saturday last his examination before the magistrate took place. No effort was made to disprove most of the preceding facts: but the plea, on which he rested his defence, was justification. Many witnesses were produced to prove the hostile designs of Mr. Littlepage towards him. It was proved that on the 4th of this month, Mr. Littlepage had met Mr. King on the same road, had assaulted him with a cudgel and would have probably terminated his existence, if his head had not been sufficiently protected by his hat. Several witnesses were adduced to prove that Mr. L's resentment was not as yet subdued; that he had threatened to cudgel Mr. K. on the very first occasion they met, and that if he made the least resistance he was determined to shoot him dead: that Mr. King had heard of these menaces: and that on the very morning of their interview, Mr. L. had expressed a resolution to make use of a stick which he held in his hand, and a pair of loaded pistols he had in his pocket, for the consummation of these designs. The circumstances which led to such a fatal hostility, are extremely voluminous, many of them too delicate for a public paper, and very few relevant perhaps to this melancholy catastrophe. It is sufficient to add that Mr. King has been committed to jail by the magistrate; that he will be tried next Saturday, before a full court; and should he be committed for further trial, that he will be brought up to the district court, which is to sit in this city on the

first of next month.
March 27.
On Saturday came on at the courthouse of Hanover county, of this state, before the magistrates of that county, the trial of Capt. Robert King, for killing Thomas Littlepage. The trial commenced at 12 o'clock, and continued till 12 at night, when the magistrates, by a majority of eight out of eleven, acquitted the defendant. It will be impossible for us to give even a summary of the evidence on this trial: There were 50 or 60 witnesses. We can only state generally, that it appeared that ever since the 4th of this month, when Capt. King was so near losing his life by the hands of Mr. Littlepage, Littlepage had determined to attack King and even to take his life; that King was aware of this determination, and had prepared for defence, and that when King did kill Littlepage, it was evidently in defence of his own life.
NEW-YORK, March 25.
Capt. Deshon who arrived at this port on Saturday in twenty days from St. Pierres (Martinique) confirms our account of the capture of Dominica by a French fleet from Brest, which he says consists of the Majestic of 120 guns, two ships of 80 guns, two of 74, three frigates, a schooner, and two transports, having on board a large body of troops, the number of which he was unable to ascertain. They had burnt down Roseau, and reduced the whole island, with the exception of one fort, which it was expected would not long hold out. Upon the arrival of the fleet, an embargo of a week's continuance was laid on all vessels in the ports of Martinique, and the Cleopatra sailed in two hours after it was taken off.
Capt. Deshon further assures us, that he saw the above fleet pass St. Pierre's on its way to Antigua, as he was informed. They expected to be joined immediately by a considerable reinforcement from Toulon, consisting of fifteen sail of the line; and intended, as soon as this junction could be effected, to visit all the British islands in the West-Indies.
Capt. D. pledges himself for the truth of the above information.
In the ship Hare, from Lisbon, came passenger Joseph Rudemaker, Esq. charge des affaires and Consul-General from the Regent of Portugal to the United States, who informs us that the Spanish ports are opened; that intelligence had been received of the French fleet having sailed from Toulon, consisting of fifteen sail of the line; that the Brest fleet was also said to be out; and that the United States' frigate constitution, capt. Rodgers, had left Lisbon three days before the Hare for the Mediterranean.
From Philadelphia, April 1.
Captain Clapp, of the brig Rolla, who arrived at New-York on Tuesday last, from Trinidad and St. Thomas, informs, that the American consul at St. Thomas, had received a decree of fourteen articles (which Capt. C. saw) from the government of the city of St. Domingo, declaring, among other regulations, that all vessels, of whatever nation, that were found within three leagues of the Brigand Ports, should be taken, and their crews put to death. This law was to be put in force, from and after the first of April.
PITTSBURG, March 16.
The beautiful ship Western Trader, 400 tons burthen, was launched on Friday last from the ship yard of Mr. Tarascou. She was built under the direction of Mr. Abraham Marpole, and is said not only to be the handsomest but the most substantial vessel ever built on the western waters. She sailed last Monday for Philadelphia, and will take in the principal part of her cargo below the Rapids of Ohio.
On Saturday last was launched from the ship yard of Messrs. Barber and Lord on Alleghany river, the brig Fort Fayette.
On Friday last the 8th inst. about one o'clock P. M. sailed from this place, the handsome ship General Butler, commanded by captain Samuel Lake; burthen about 250 tons; built for, and chiefly owned by Gen. James O'Hara. This vessel is almost wholly constructed of materials the growth and manufacture of this country. She has on board, shipped by the owner, hhd. staves, window glass and porter, manufactured in this place!
This instance of the progress of improvement of the Western Country, must afford a subject of high exultation, when contrasted with its situation about 20 years back.
CHARLESTON, March 16.
Extract of a letter from J. Blakely, Esq. Consul of the United States, at St. Jago de Cuba, dated the 25th Feb. 1805, to James Swains, Esq. Collector of the Customs.
"Permit me through your politeness, to inform the merchants of the United States, that this port is now opened for American vessels bringing flour and provisions."
The same letter states,
"During a month past, flour in this city has been from forty to sixty dollars a barrel. 'Tis now said, that two days more will finish the last barrel of flour of the best supplied baker in this city."
MARTINSBURG, April 5.
From our last Philadelphia papers, there appears to be very little doubt, but that a convention will be called by a resolution of a majority of both houses of that state, to form a new constitution for Pennsylvania. The consequence is alarming. Uproar and civil commotion are becoming the order of the day there—Had Messieurs Randolph and Nicholson called a convention of the people of the United States to abolish the present and form a new constitution, confusion would have been the watch-word throughout the union. But the mode they have adopted will afford the people ample time for reflection, and their good sense, it is hoped, will allay this raging spirit of Duanism before the next session of congress.
After so many, unsuccessful attempts and hair breadth escapes, Jerome Bonaparte has at length succeeded in avoiding the vigilance of the English vessels, and has made his escape safe from our shores. Should he land in safety, another great difficulty is to be overcome—a reconciliation with the emperor. Exaltation to political greatness is usually but the ascent to exalted miseries.—At his country seat near Baltimore Jerome would have been more happy than in seeking the worthless worship of mad millions in France. Could he have been greatly contented, he and nappiness might have been of one family "by the still waters and pastures" of private life.
Mr. Burr arrived in Philadelphia on the 22nd ult. We know not to what place or to what pursuits he will direct himself. In public estimation he is very differently viewed. The advocates of the mal law of duelling honor, justify him. The laws of God, of justice, of society, condemn him. The admirers of talents and accomplishments, pity him. The chair of the vice president will never again be filled with more dignity, ability and impartiality. In that situation respect would have been forgotten. Unless men's memories become impaired, he will never rise again. [Virginia Gazette.]
To the Members of the Protestant Episcopal Church in the Parish of Northborne in the Counties of Berkeley and Jefferson.
THE following letter addressed to the Rev. Mr. Wilson, or any of the vestry of the said parish, was handed to me the first day of last court, and in order to comply with the recommendation therein mentioned, it is my wish that the members of the Church would meet at their respective places of worship on Easter Monday to elect proper persons to represent them in the convention to be held in Richmond in May next. Col. Joseph Swearingen is requested to procure (if possible) the election of a member to represent the County of Jefferson in the said convention.
W. PENDLETON.
Berkeley County, April 1, 1805.
N. B. I hereby offer my services to my fellow members on this occasion, if they think me worthy of their confidence.
W. P.
Williamsburg, January 29th, 1805.
Brethren,
IN May last, the Deputies who met in Richmond for the purpose of forming a Convention of our Church, had the mortification to find, that their attendance was ineffectual, as a sufficient number to constitute an authorised meeting did not convene. They recommended, however, to the bishop and standing committee to urge the necessity of as full a meeting as possible, on the succeeding annual period for a convention, which we now notify to you, will be on the 7th day of May next.
In complying with this recommendation, which we think so loudly, and la-
mentably enforced by the present situation of the Church, it is not deemed important to be prolix; for, so well is that situation known to every worthy member, and so urgent is the necessity for the fullest and most complete representation, that we trust, there is not a parish, in the smallest degree anxious to preserve the existence of the Episcopal Church, which will not send forward its Deputies; nor can we suppose, that there exists a Clergyman of that Church, who will not, in this awful crisis of our Holy Religion, consider the duty of punctilious attendance as sacred and indispensable.
That the Great, and All-wise Pastor of the Church may guide you in your decision, is the sincere prayer of your subscribing brethren.
JAMES MADISON, Bishop of the Prot. Ep. Church in Virginia.
Cyrus Griffin, James Henderson, John Bracken, Joseph Prentis,
Members of the Standing Committee.
To the Clergy, Vestrymen, and Members in general of the Protestant Episcopal Church in Virginia.
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 fit 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 fit character to represent the District composed of Berkeley, Jefferson and Hampshire Counties in the Congress of the United States.
Wm. PORTERFIELD, Sheriff. April 5, 1805.
REMOVAL.
THE subscriber respectfully informs his friends and the public, that he has removed his store to the corner stone house near the Court-House, formerly occupied by E. Beeson & Sons, and lately by Mr. Jeremiah Evans, where he has on hand a large assortment of
Dry Goods, Groceries, Liquors, &c.
in addition to which he has just received, a very large and well-selected assortment of
Bar-Iron, Plow-Irons, &c.
Also—a quantity of Weaver's REEDS, of all sizes.
THOMAS C. SMITH. Martinsburg, April 5, 1805.
NOTICE is hereby given, that a dissolution of the partnership of Philis Brady & John M'Kiernan, took place on the first day of the present month, by mutual consent, all persons therefore indebted to the said firm, will please call on Philis Brady, who is authorised to settle all the affairs of the said firm, and discharge their respective accounts.
PHILIS BRADY, JOHN M'KIERNAN.
April 5, 1805.
Philis Brady
Respectfully informs her old customers and the public generally, that she has again rented (on her own account) the Indian Chief Tavern, in the Main street Martinsburg, where she is well provided with every thing necessary for the genteel accommodation of all who may please to favor her with a call, and hopes, from her endeavours to give satisfaction, to merit a continuance of public custom.
BY virtue of a deed of trust executed to the subscriber by Phineas Gabb, will be offered for sale, on the premises, for cash, on Saturday the 20th instant, one Lot of Ground with the improvements thereon, lying and being in Darkesvills, in the County of Berkeley. This deed of trust was executed for the purpose of securing a debt due to Jesse Brown, as stated in said deed.
ELISHA BOYD.
April 5, 1805.
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 against him, will then find him at Mr. John M'Clary'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 inst., 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 subscriber'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 gait, 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 perceivable mark to my knowledge. Any person taking up said mare and delivering her to me shall receive the above reward 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-bred Horse YOUNG LOFTY.
WILL stand this season, at the subscriber's stable, the three first days in each week, and the three last days in the week at Tabler's Mill on Opeckon, five 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 insurance 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 in his face and two white feet, 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 anything more of his pedigree, as the appearance of the horse will be sufficient to recommend him to every impartial man.
JOHN DAUGHERTY.
April 5, 1805.
TWENTY DOLLARS REWARD.
RAN away from the subscriber living in Charles County, Maryland, near Bryan Town, on or about the 20th of last month, negro BILL, he is about 22 years of age, tall and stout made, of a yellowish complexion, thick lips and coarse 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 trousers striped with yellow crossways, he formerly belonged to the family of Noah's in Cobneck. I have reason to believe he will make for Berkeley County, Virginia, near Charles Town, where his father and mother lives, belonging to Richard Lieueling. Whoever takes up said fellow, and secures him in any jail (if out 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, under the pretence of hunting, fishing, &c. made it a practice to pass thro' my enclosures near Martinsburg, thereby destroying the fences and greatly injuring my meadows and orchards—I do therefore caution all persons from passing through my enclosures under any pretence whatever, as I am determined to prosecute, any and every person, thus offending, or that may be found in any other manner trespassing on my property.
EDWARD BEESON, sen. 29th day, 3d month, 1805.
REGIMENTAL ORDERS.
ORDERED , that the Officers commanding companies in the 2d Battalion 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 delinquencies in the said Battalion in 1804. The commanding Officers of companies in the 1st Battalion are also ordered to attend a Court Martial to be held at Robert Snodgrass', on Back Creek, on Saturday the 13th of April, on similar business.—And all the Officers commanding companies belonging to the 67th Regiment are ordered to attend a Regimental Court of Enquiry, to be held in Martinsburg, on Friday the 26th of April.
DAVID HUNTER, Lieut. Col. Com. March 29, 1805.
THE subscriber has to rent a Smith's Shop, with a Dwelling House adjoining, in a good situation for a Blacksmith—The terms will be made easy. ROBERT SNODGRASS. Back Creek, March 29, 1805.
THE Subscriber returns his most grateful acknowledgments to his friends and the public for the encouragement he has experienced, and respectfully informs them that he has just received, and will constantly keep for sale at his Blacksmith's shop in the main street Martinsburg opposite to the Indian 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 various 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 purchaser can, with convenience and dispatch have any quantity of Iron cut and bent if 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 meeting house, near Hess's mill, and cover mares at four and a half dollars the season, two dollars cash the single leap, and eight dollars the season. 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 gears. 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 appearance will be a sufficient recommendation. 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.
ELL 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 JEREMIAH EVANS. Martinsburg, March 29, 1805.
YOUNG MEDLEY
WILL stand this season at the subscriber's plantation near Martinsburg (on which Capt. M. Tate lately lived) and cover mares at five dollars the season, one dollar and a half cash the single leap, and eight dollars to insure a foal. The money for the season to be paid the 15th of September, and for insurance 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 elegantly formed, and has every mark of a good horse. The following pedigree will shew from what stock he is descended.
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 Wormley of Richmond county; his sire Florizel, who's sire was gray Diomed I, bred by Mr. John Taylor of Mount Airy, the sire of Diomed was the imported Medley, Florizel's dam Louiza by Harris's Eclipse, which is the dam of the celebrated Cup Bearer. The above is an exact copy of Young Medley's pedigree. Given under my hand this 22d day of March, 1805,
PROVINCE M'CORNAK.
The season will begin the first of April and end the first of July. Great care will be taken of mares put to Medley, but I will not be answerable for accidents. Pasturage may be had for mares coming from a distance.
ABRAHAM GORRELL. March 29, 1805.
Public Sale.
Will be exposed at public sale, on Friday the 19th day of April next, at the subscriber's dwelling-house in Shepherd's Town, Jefferson County, the following 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 gears; 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 articles unnecessary to mention. The sale to begin at ten o'clock, A. M. and continue 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.
The last Notice.
WHEREAS , some time since, I gave notice in the public papers, that necessity compelled me to settle and collect my out-standing debts, which notice has not produced the desired effect.—That my friends and customers may not complain of my transferring their obligations and accounts without due notice, I again inform them that necessity will compel me to assign and transfer to my creditors all debts due me which will remain unpaid on the 10th of April next, upon which suits will then be brought indiscriminately.
LUKE PENTONY. Martinsburg, March 22, 1805.
TO BE SOLD,
A VALUABLE PLANTATION and Tract of Land, containing one hundred and fifty-nine acres and a half, by description lying on the drains of Middle-Creek, in Berkeley County, adjoining the land of Capt. Jas. 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.
TO BE LET,
THE large red House, nearly opposite to the Globe Tavern, in King Street, Martinsburg, in which Mr. Alexander Kennedy now lives—This house is tolerably well finished, has a large Garden attached to it, with a Kitchen, Stable, &c. and is well calculated for a public house, or would suit a private family. Possession may be had the 1st of April next.
Also—the small Log House cornering on Queen and John Streets.—Possession of this house may be had immediately.
ANN HUNTER. Martinsburg, March 22, 1805.
NOTICE.
AS guardian for Robert Lyle, sundry obligations (given for property purchased at the sale of the estate of Robert Lyle, dec.) have come into my hands, which, if not paid before the 10th day of May next, will be put into the hands of an attorney for collection.
JAMES CAMPBELL, Guardian. Middle-Creek, March 22, 1805.
CAME to the plantation of the subscriber, about the 28th of last month, two Estrays, one a brown MARE, about 10 years old, 15 hands high, shod before, with a small white round three of her feet; the other a light bay HORSE, 9 or 10 years old, shod all round; both natural trotters, no perceivable brand on either. The owner is desired to come forward, prove his property, pay charges and take them away.
ABRAHAM SHEPHERD. Near Shepherd's-Town, } March 22, 1805. }
FOR SALE, A LIKELY
Negro Boy,
about twelve years of age. Inquire of the Printer. March 22, 1805.
Look Here!
THAT famous stud horse YOUNG MEXICON, the property of Mr. Davis of Maryland, which stood the last season at Captain John Robinson's, will stand the present season and cover mares at the stable of the subscriber, where the terms and his pedigree will be made known.
JOHN MCLEARY. Martinsburg, March 22, 1805.
The noted Horse PRESIDENT,
WILL stand this season, (the three first days in each week) at the subscriber's plantation, in sight of Tuscarora Meeting House, and the three last days in the week at Hess's Mill on Opeckon, and cover mares at four dollars the season, two dollars cash the single leap, and seven dollars for insuring a foal—the money for the season to be paid the 1st of January next, and for insurance when the mare proves with foal.
PRESIDENT is a handsome bay with a star and snip and four white feet, he is sixteen hands high, four years old this spring, and is remarkably strong and active.—He was got by a full bred horse and an Esopus mare—It is tho' unnecessary to say any thing more of his pedigree, as his appearance will be a sufficient recommendation.
JONATHAN CUSHWA. March 22, 1805.
ONE CENT REWARD.
RAN away from the subscriber, on Sunday morning the 24th ult. an apprentice to the Printing business, named Bill Eggleston, about 5 feet 7 inches high, has short light hair; when spoken to stares with a pretty full eye, very fond of liquor.—He had two years and about four months to serve. He formerly wrought in Brown & Charlton's Printing Office at Martinsburg, and, as his mother lives about five miles from that place, it is probable he has gone that way. Had on when he went away, a blue coat, brown cloth pantaloons, a striped swandown waistcoat, a red baize under waistcoat, and a wool hat about half worn. The above reward, but no charges will be paid for bringing him home.
THOMAS GRIEVES. English Printing Office, } Hagerstown, March 7, 1805. }
FOR SALE,
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable
Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river 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.
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.
The high bred English Horse, YOUNG HAMILTONIAN,
WILL stand this season at Muse's Mill on Long Marsh Run, five miles from Snicker's Ferry and two miles from Rock's Ferry, the first three days in each week, and in Smithfield the remaining part of the week, and cover mares at the low rate of eight dollars the season, [which may be discharged by paying six dollars by the 1st of October next] three dollars the single leap and twelve dollars to insure a colt.
Young Hamiltonian is a bright bay, raising eight years old, fifteen and a half hands high, moves well and has a lofty carriage, is of an uncommonly high spirit and was imported from England in the year 1802, by Major Griffith of Philadelphia; he is a horse of so pure blood, and is of the best breed for running in England; he was got by Old Hamiltonian out of a mare that was got by Old Matchem. It is thought unnecessary to trace his pedigree any further back, as his handsome figure and activity will be sufficient to recommend him. The greatest attention will be paid by
JESSE BROWN. March 8, 1805. N. B. The season will commence the first of April and end the first of July.
WANTED IMMEDIATELY,
AS an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred.
J: ALBURTIS. Intelligencer Office, } March 8, 1805. }
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 continued insertion after that time 25 cents per week. Subscribers will continue to receive a reduction of one-fourth on their Advertisements.