The Providence journal, and town and country advertiser (Providence [R.I.]), 1801-04-08 00:00:00

The Providence Journal
AND
TOWN AND COUNTRY ADVERTISER.
Published on WEDNESDAYS, by JOHN CARTER, JUN. Printer of the LAWS of the UNITED STATES for the State of RHODE-ISLAND, &c. At the NEW PRINTING-OFFICE, West Side of the great Bridge, PROVIDENCE.
[ No. 119. ]
WEDNESDAY, April 8, 1801.
[ Vol. III. ]
Laws of the United States.
Published by Authority.
SIXTH CONGRESS of the UNITED STATES, at the Second Session, begun and held at the City of WASHINGTON, in the Territory of COLUMBIA, on Monday the seventeenth of November, one thousand eight hundred.
AN ACT
To provide for the more convenient organization of the Courts of the United States.
SECTION 1.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the next session of the Supreme Court of the United States, the said court shall be holden by the justices thereof, or any four of them, at the city of Washington, and shall have two sessions in each and every year thereafter, to commence on the first Monday of June and December respectively; and that if four of the said justices shall not attend within ten days after the times hereby appointed for the commencement of the said sessions respectively, the said court shall be continued over till the next stated session thereof. Provided always , That any one or more of the said justices attending as aforesaid, shall have power to make all necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings, returned to the said court or depending therein, preparatory to the hearing, trial or decision, of such action, suit, appeal, writ of error, process, pleadings or proceedings.
Sec. 2. And be it further enacted , That the said court shall have power, and is hereby authorised, to issue writs of prohibition, mandamus, scire-facias, habeas corpus, certiorari, procedendo, and all other writs not specially provided for by statute, which may be necessary for the exercise of its jurisdiction, and agreeable to the principles and usages of law.
Sec. 3. And be it further enacted , That from and after the next vacancy that shall happen in the said court, it shall consist of five justices only, that is to say, of one chief justice, and four associate justices.
Sec. 4. And be it further enacted , That for the better establishment of the circuit courts of the United States, the said States shall be, and hereby are divided into districts, in manner following; that is to say: one to consist of that part of the district of Massachusetts which is called the district of Maine, and to be called the district of Maine; one to consist of the State of New-Hampshire, and to be called the district of New-Hampshire; one to consist of the remaining part of the State of Massachusetts, and to be called the district of Massachusetts; one to consist of the State of Rhode-Island and Providence Plantations, and to be called the district of Rhode-Island; one to consist of the State of Connecticut, and to be called the district of Connecticut; one to consist of the State of Vermont, and to be called the district of Vermont; one to consist of that part of the State of New-York, which lies north of the counties of Dutchess and Ulster, and to be called the district of Albany; one to consist of the remaining part of the State of New-York, and to be called the district of New-York; one to consist of that part of the State of Pennsylvania which lies east of the river Susquehannah and the north-east branch thereof to the line betwixt Northumberland and Luzerne counties; thence westwardly along said line, betwixt Northumberland and Luzerne, and betwixt Luzerne and Lycoming counties, until the same strikes the line of the State of New-York, and to be called the eastern district of Pennsylvania; one to consist of the remaining part of the State of Pennsylvania, and to be called the western district of Pennsylvania; one to consist of the State of Delaware, and to be called the district of Delaware; one to consist of the State of Maryland, and to be called the district of Maryland; one to consist of that part of the State of Virginia which lies to the eastward of a line to be drawn from the river Potomac at Harper's ferry, along the Blue Ridge, with the line which divides the counties on the east side thereof from those on the west side thereof to the North-Carolina line, to be called the eastern district of Virginia; one to consist of the remaining part of the said State of Virginia, to be called the western district of Virginia; one to consist of the State of North-Carolina, and to be called the district of North-Carolina; one to consist of the State of South-Carolina, and to be called the district of South-Carolina; one to consist of the State of Georgia, and to be called the district of Georgia; one to consist of that part
of the State of Tennessee which lies on the east side of Cumberland mountain, and to be called the district of east Tennessee; one to consist of the remaining part of said State, and to be called the district of west Tennessee; one to consist of the State of Kentucky, and to be called the district of Kentucky; and one to consist of the territory of the United States north-west of the Ohio, and the Indiana territory, to be called the district of Ohio.
Sec. 5. And be it further enacted , That where any two adjoining districts of the United States shall be divided from each other, in whole or in part, by any river, bay, water, water course or mountain, the whole width of such river, bay, water course or mountain, as the case may be, shall be taken and deemed, to all intents and purposes, to be within both of the districts so to be divided thereby.
Sec. 6. And be it further enacted , That the said districts shall be classed into six circuits in manner following; that is to say:— the first circuit shall consist of the districts of Maine, New-Hampshire, Massachusetts, and Rhode-Island; the second of the districts of Connecticut, Vermont, Albany and New-York; the third of the districts of Jersey, the eastern and western districts of Pennsylvania, and Delaware; the fourth of the districts of Maryland, and the eastern and western districts of Virginia; the fifth of the districts of North-Carolina, South-Carolina, and Georgia; and the sixth of the districts of East Tennessee, West-Tennessee, Kentucky, and Ohio.
Sec. 7. And be it further enacted , That there shall be in each of the aforesaid circuits, except the sixth circuit, three judges of the United States, to be called circuit judges, one of whom shall be commissioned as chief judge, and that there shall be a circuit court of the United States in and for each of the aforesaid circuits, to be composed of the circuit judges within the five first circuits, and in the sixth circuit by a circuit judge and the judges of the district courts of Kentucky and Tennessee respectively, the duty of all of whom it shall be to attend, but any two of whom shall form a quorum; and that each and every of the said circuit courts shall hold two sessions annually, at the times and places following, in and for each district contained within their several circuits respectively; that is to say:— the circuit court of the first circuit at Providence on the eighth day of May, and at Newport on the first day of November, in and for the district of Rhode-Island; at Boston, in and for the district of Massachusetts, on the twenty-second day of May, and fifteenth day of October; at Portsmouth on the eighth day of June, and at Exeter on the twenty-ninth day of September, in and for the district of New-Hampshire; in and for the district of Maine, at Portland on the fifteenth day of June, and at Wisecasset on the twenty-second day of September. The circuit courts of the second circuit, at New-Haven on the fifteenth day of April; at Hartford on the twenty-fifth day of September, in and for the district of Connecticut; at Windsor, on the fifth day of May, and at Rutland on the fifteenth day of October, in and for the district of Vermont; at the city of Albany, in and for the district of Albany, on the twentieth day of May, and twenty-fifth day of October; at the city of New-York, in and for the district of New-York, on the fifth day of June and the tenth day of November. The circuit court of the third circuit, at Trenton, in and for the district of Jersey, on the second days of May and October; at the city of Philadelphia, in and for the eastern district of Pennsylvania, on the eleventh day of May and eleventh day of October; at Bedford, in and for the western district of Pennsylvania, on the twenty-fifth day of June, and twenty-fifth day of November; and at Dover, in and for the district of Delaware, on the third day of June and twenty-seventh day of October. The circuit court of the fourth circuit, at Baltimore, in and for the district of Maryland, on the twentieth day of March and fifth day of November; at Lexington, in Rockbridge county, in and for the western district of Virginia, on the fifth day of April and twentieth day of November; and at the city of Richmond, in and for the eastern district of Virginia, on the twenty-fifth day of April and fifth day of December. The circuit court of the fifth circuit, at Raleigh, in and for the district of North-Carolina, on the first day of June and first day of November; at Charleston on the sixth day of May, and at Columbia on the thirtieth day of November, in and for the district of South-Carolina; at Savannah on the tenth day of April, and at Augusta on the fifteenth day of December, in and for the district of Georgia; and the circuit court of the sixth circuit at Knoxville, in and for the district of East-Tennessee, on the twenty-fifth day of March and twenty-fifth day of September; at Nashville, in and for the district of West-Tennessee, on the
twentieth day of April and twentieth day of October; and at Bairdstown, in and for the district of Kentucky, on the fifteenth day of May and fifteenth day of November; and at Cincinnati, in and for the district of Ohio, on the tenth day of June, and on the tenth day of December, and so on the several days and at the several places aforesaid, in each and every year afterwards: Provided always , That when any of the said days shall happen on Sunday, then the said court hereby directed to be holden on such day, shall be holden on the next day thereafter: and provided also , That there shall be appointed, in the sixth circuit, a judge of the United States, to be called a Circuit Judge, who together with the District Judges of Tennessee and Kentucky, shall hold the circuit courts hereby directed to be holden within the said circuit; and that whenever the office of District Judge in the district of Kentucky and Tennessee respectively shall become vacant, such vacancies shall respectively be supplied by the appointment of two additional Circuit Judges in the said circuit, who together with the Circuit Judge first aforesaid, shall compose the circuit court of the said circuit.
Sec. 8. Provided always, and be it further enacted , That the said circuit courts hereby established shall have power, and hereby are authorized, to hold special sessions for the trial of criminal causes, at any other time or times than is hereby directed, at their discretion.
Sec. 9. And provided also, and be it further enacted , That if, in the opinion of any judge of any of the said circuit courts, it shall be dangerous to hold the next stated session of such court, for any district within the circuit to which such judge shall belong, at the place by law appointed for holding the same; it shall be lawful for such judge to issue his order, under his hand and seal, to the marshal of such court, directing him to adjourn the said session to such other place within the same district as the said judge shall deem convenient; which said marshal shall thereupon adjourn the said court pursuant to such order, by making, in one or more public papers, printed within the said district, publication of such order and adjournment, from the time when he shall receive such order, to the time appointed by law for commencing such stated session; and that the court so to be held, according to, and by virtue of such adjournment, shall have the same powers and authorities, and shall proceed in the same manner, as if the same had been held at the place appointed by law for that purpose.
Sec. 10. And be it further enacted , That the circuit courts shall have, and hereby are invested with, all the powers heretofore granted by law to the circuit courts of the United States, unless where otherwise provided by this act.
Sec. 11. And be it further enacted , That the said circuit courts respectively shall have cognizance of all crimes and offences cognizable under the authority of the United States, and committed within their respective districts or upon the high sea; and also of all cases in law or equity, arising under the constitution and laws of the United States, and treaties made or which shall be made under their authority; and also of all actions, or suits of a civil nature, at common law, or in equity, where the United States shall be plaintiffs or complainants; and also of all seizures on land or water, and all penalties and forfeitures, made, arising, or accruing, under the laws of the United States; which cognizance of all penalties and forfeitures shall be exclusive of the State courts, in the said circuit courts where the offence by which the penalty or forfeiture is incurred, shall have been committed within fifty miles of the place of holding the said courts; and also of all actions, or suits, matters or things, cognizable by the judicial authority of the United States, under and by virtue of the constitution thereof; where the matter and dispute shall amount to four hundred dollars, and where original jurisdiction is not given by the constitution of the United States to the supreme court thereof, or exclusive jurisdiction by law to the district courts of the United States: Provided always , That in all cases where the title or bounds of lands shall come into question, the jurisdiction of the said circuit courts shall not be restrained, by reason of the value of the land in dispute.
Sec. 12. And be it further enacted , That the said circuit courts respectively shall have cognizance concurrently with the district courts, of all cases which shall arise, within their respective circuits, under the act to establish an uniform system of bankruptcy throughout the United States; and that each circuit judge, within his respective circuit, shall and may perform all and singular the duties enjoined by the said act upon a judge of a district court; and that the proceedings under a commission of bankruptcy, which shall issue from a circuit judge, shall in all respects be conformable to the proceedings under a commission of bankruptcy which
shall issue from a district judge, mutatis mutandis .
Sec. 13. And be it further enacted , That where any action or suit shall be, or shall have been commenced, in any State court within the United States, against an alien; or by a citizen or citizens of the State in which such suit or action shall be, or shall have been commenced, against a citizen or citizens of another State, and the matter in dispute, except in case where the title or bounds of land shall be in question, shall exceed the sum or value of four hundred dollars exclusive of costs, and the defendant or defendants in such suit or action shall be personally served with the original process therein, or shall appear thereto; or wherein any suit or action so commenced or to be commenced, final judgment, for a sum exceeding four hundred dollars, exclusive of costs, shall have been rendered in such State court, against such defendant or defendants, without return of personal service on him, her, or them, of the original process in such suit or action, and without an appearance thereto, by him, her, or them, and a writ of error, or writ of review, shall be brought by such defendant or defendants in such State court, to reverse the said judgment; or where any suit or action, shall have been, or shall be commenced in any such court, against any person or persons, in any case arising under the constitution or laws of the United States, or treaties made or to be made under their authority; then, and in any of the said cases, it shall be lawful for the defendant or defendants, in such suit or action, at the time of entering his, her, or their appearance thereto, and for the plaintiff or plaintiffs in such writ of error, or writ of review, at the time when such writ shall be returnable, to file in such court a petition for the removal of such suit, action, writ of error, or writ of review, to the next circuit court of the United States hereby directed to be holden in and for the district within which such State court shall be holden, and to offer to such State court good and sufficient surety for entering, in such circuit court, on the first day of its next ensuing session, true copies of the process and proceedings, in such action, suit, writ of error, or writ of review, and also for his, her, or their appearance in the said circuit court, at the period aforesaid, and then and there entering special bail, in the said suit, or action, if special bail was originally demandable, and demanded therein; whereupon it shall be the duty of the said State court to accept the said security, and to stay all further proceedings in such suit, action, writ of error, or writ of review, and to discharge any bail that may have been given therein; and that the said copies being filed as aforesaid in such circuit court, and special bail, in manner aforesaid, being given therein, such suit, action, writ of error, or writ of review, shall be therein proceeded on, tried, heard and determined, in the same manner as if there originally commenced or brought: Provided always , That any attachment of the goods or estate of the defendant, by the original process in such suit or action, shall hold the goods or estate so attached to answer the final judgment in the said circuit court, in the same manner as by the laws of the State they would have been holden to answer the final judgment, had it been rendered by the court in which the suit or action was commenced.
Sec. 14. And be it further enacted , That when any suit or action, commenced or to be commenced in any State court within the United States between citizens of the same State, the title or bounds of land shall come into question; it shall be lawful for either party, before trial, to state to the said court, and make affidavit, if thereby required, that he, she or they, doth or do claim under, and at the hearing or trial shall rely upon a right of title to the lands in dispute, under a grant, or grants, from a State other than that where in such suit or action is or shall be pending; and to produce to the said court the original grant, or grants, so claimed under, or exemptions thereof, except in cases where the loss of public records shall put it out of his, her or their power so to do; and to move that the adverse party do inform the said court, forthwith, whether he, she, or they, doth or do claim the land in dispute, under a grant or grants from the State wherein such suit or action is, or shall be pending; whereupon the said adverse party shall give such information, or otherwise not be allowed to plead, or give in evidence in the cause any such grant; and that if it shall appear from such information, that the said adverse party doth claim the said lands, under any such grant, or grants, then it shall be lawful for the party moving for such information, if plaintiff or complainant in the said suit or action, to remove the same, by motion, to the next circuit court of the United States hereby directed to be holden in and for the district within which such State court shall be holden; and if defendant in the said suit or action, then to remove the same, as aforesaid, in the same manner, and under the like regulations, terms and conditions, as are provided in

and by the preceding section of this act, in the cases of actions thereby directed to be removed; and that the said circuit courts, respectively, into which such suit or action shall be removed, pursuant to the provisions in this section contained, shall proceed in, try, hear and determine the same, in like manner as if therein brought by original process: Provided always , That neither party, so removing any suit or action, shall be allowed, on the trial or hearing thereof, to plead, give evidence of, or rely on, any other title than that by him, her, or them, so stated as aforesaid, as the ground of his, her, or their claim.
Sec. 15. And be it further enacted , That any one judge of any of the said circuit courts shall be, and hereby is, authorised and empowered to hold the same from day to day, not exceeding five days, to impanel and charge the grand jury to order process on any indictment or presentment found in the said court; to direct subpoenas for witnesses to attend the same, and the requisite process on the non-attendance of witnesses or jurors; to receive any presentment or indictment from the grand jury; to take recognizance for the attendance of any witness, or for the appearance of any person presented or indicted; to award and issue process, and order commitment for contempts; to commit any person presented or indicted, for want of security or otherwise; to order publication of testimony; to issue commissions for the examination of witnesses, where allowable by law; to grant rules and orders of survey; to take order, where necessary, relative to jurors to serve at the next stated session of the said court; to direct the examination of witnesses, de bene esse, where allowed by law; to make rules of reference by consent of parties, and to grant continuances on the motion of either party, upon such terms and conditions, as shall be agreeable to practice and the usages of law; and that if some other judge of the said court shall not attend the same within five days after the commencement thereof, inclusive, then the said court shall, by virtue of this act, be continued over to the next stated session thereof; in which case, all writs, process and recognizances, returned and returnable to the said court, and all actions, suits, process, pleadings, and other proceedings, of what nature or kind soever, depending before the said court, shall, by virtue of this act, be continued to the next stated session of the same.
Sec. 16. And be it further enacted , That no person shall be arrested in one of the said districts, for trial in another, before any of the said circuit courts in any civil action; and that no civil action or suit shall be brought before any of the said courts, by any original process, against an inhabitant of the United States, in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ; nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note, or other chose in action in favour of an assignee, unless a suit might have been prosecuted in such court to recover the said contents, if no assignment had been made, except in cases of foreign bills of exchange.
Sec. 17. And be it further enacted , That the trials of all issues of fact, before any of the circuit courts hereby established, except in cases of equity, and admiralty and maritime jurisdiction, shall be by jury.
Sec. 18. And be it further enacted , That any judge of any of the said circuit courts shall be, and hereby is authorised and empowered, in all cases cognizable by the court, whereof he shall be a judge, to grant writs of ne-exeat, and writs of injunction to stay waste, or to stay proceedings at law, on any judgment rendered by such circuit court, upon the like terms and conditions as such writs may be now granted by the justices of the Supreme Court of the United States.
Sec. 19. And be it further enacted , That if in the opinion of any circuit judge of the circuit within which such district may be situated, the life or lives of any person or persons, confined in the prison of such district, under or by virtue of any law of the United States, shall be in imminent danger, arising from the place of such confinement, it shall, in such case, be lawful for such judge, and he is hereby authorised and empowered, to direct the marshal of such district to remove, or cause to be removed, the person or persons so confined, to the next adjacent prison, there to be confined until he, she or they, may safely be removed back, to the place of his, her, or their first confinement; and that the said removals shall be at the expence of the United States.
Sec. 20. And be it further enacted , That all actions, suits, process, pleadings, and other proceedings, of what nature or kind soever, depending or existing in any of the present circuit courts of the United States, or in any of the present district courts of the United States acting as circuit courts, shall be and hereby are continued over to the circuit courts established by this act, in manner following; that is to say, all such as shall on the fifteenth day of June next be depending and undetermined, or shall then have been commenced and made returnable before the district court of Maine, acting as a circuit court, to the next circuit court hereby directed to be holden within and for the district of Maine; all such as shall be depending and undetermined before the circuit court for the district of New-Hampshire, to the next circuit court hereby directed to be holden within and for the district of New-Hampshire; all such as shall be depending and undetermined before the circuit court for the district of Massachusetts, to the next circuit court hereby directed to be holden within and for the
district of Massachusetts; all such as shall be depending and undetermined before the circuit court of the district of Rhode-Island, to the next circuit court hereby directed to be holden within and for the district of Rhode-Island; all such as shall be depending and undetermined before the circuit court for the district of Connecticut, to the next circuit court hereby directed to be holden within and for the district of Connecticut; all such as shall be depending and undetermined before the circuit court for the district of Vermont, to the next circuit court hereby directed to be holden within and for the district of Vermont; all such as shall be depending and undetermined before the circuit court for the district of New-York, to the next circuit court hereby directed to be holden, within and for the district of New-York; all such as shall be depending and undetermined before the circuit court for the district of New-Jersey, to the next circuit court hereby directed to be holden within and for the district of Jersey; all such as shall be depending and undetermined before the circuit court for the district of Pennsylvania, to the next circuit court hereby directed to be holden within and for the eastern district of Pennsylvania; all such as shall be depending and undetermined before the circuit court for the district of Delaware, to the next circuit court hereby directed to be holden, within and for the district of Delaware; all such as shall be depending and undetermined before the circuit court for the district of Maryland, to the next circuit court hereby directed to be holden within and for the district of Maryland; all such as shall be depending and undetermined before the circuit court for the district of Virginia, to the next circuit court hereby directed to be holden within and for the eastern district of Virginia; all such as shall be depending and undetermined before the circuit court for the district of North-Carolina, to the next circuit court hereby directed to be holden within and for the district of North-Carolina; all such as shall be depending and undetermined before the circuit court for the district of South-Carolina, to the next circuit court hereby directed to be holden within and for the district of South-Carolina; all such as shall be depending and undetermined before the circuit court for the district of Georgia, to the next circuit court hereby directed to be holden within and for the district of Georgia; all such as shall be depending and undetermined before the district court of Tennessee, acting as a circuit court, to the next circuit court hereby directed to be holden within and for the district of East Tennessee; all such as shall be depending and undetermined before the district court of Kentucky, acting as a circuit court, to the next circuit court hereby directed to be holden within and for the district of Kentucky; and shall there be equally regular and effectual, and shall be proceeded in, in the same manner as they could have been, if this act had not been made.
Sec. 21. And be it further enacted , That for the better dispatch of the business of district courts of the United States in the districts of Jersey, Maryland, Virginia, and North-Carolina, additional district courts shall be established therein, in manner following; that is to say: The said district of Jersey shall be divided into two districts; one to consist of that part thereof which is called East New-Jersey, and to be called the district of East-Jersey; a district court in and for which shall be holden at New-Brunswick, by the district judge of the district of Jersey, on the fourth Tuesday in May, and on the fourth Tuesday in November, in each and every year; and one other, to consist of the remaining part of the said district of Jersey, and to be called the district of West-Jersey, a district court in and for which shall be holden at Burlington, by the district judge last aforesaid, on the fourth Tuesday in February, and on the fourth Tuesday in August, in each and every year: And a new district shall be established in the districts of Maryland and Virginia, to consist of the territory of Columbia, of all that part of the district of Maryland which lies west and south-west of the river Patuxent, and of the western branch thereof, and south of the line which divides the county of Montgomery, in the last mentioned district, from the county of Frederick, and of a line to be drawn from the termination of the last mentioned line, a north-east course, to the western branch of the Patuxent; and of all that part of the district of Virginia, which lies north of the river Rappahannock, and east of the line which divides the counties of Fauquier and Loudon, in the last mentioned district, from the counties of Fairfax, Prince William, and Stafford; which new district shall be called the district of Potomac, and a district court in and for the same shall be holden at Alexandria, by the district judge of the district of Maryland, on the first Tuesday in April, and the first Tuesday in October, in each and every year: And there shall be a new district established in the district of Virginia, to be called the district of Norfolk, and to consist of all that part of the said district of Virginia, which is contained within the counties of Isle of Wight, Nansemond, Norfolk, Princess Anne, James City, New-Kent, Warwick, York, Elizabeth City, Gloucester, Matthews, Middlesex, Accomac, and Northampton; a district court in and for which shall be holden at Norfolk, by the district judge of the district of Virginia, on the first Tuesday in February, on the first Tuesday in May, on the first Tuesday in August, and on the first Tuesday in November, in each and every year: And the district of North-Carolina shall be divided into three districts; one to consist of all that part thereof which by the laws of the
State of North-Carolina now forms the districts of Edenton and Halifax; which district; which district shall be called the district of Albemarle, and a district court in and for the same shall be holden at Edenton by the district judge of the district of North-Carolina, on the third Tuesday in April, on the third Tuesday in August, and on the third Tuesday in December, in each and every year; one other to be called the district of Pamptico, and to consist of all that part of the district of North-Carolina aforesaid, which by the laws of the said State now forms the district of Newbern and Hillsborough, together with all that part of the district of Wilmington, which lies to the northward and eastward of the river called New-River; and for which district of Pamptico, a district court shall be holden at Newbern, by the district judge last aforesaid, on the first Tuesday in April, on the first Tuesday in August, and on the first Tuesday in December, in each and every year; and one other to consist of the remaining part of the said district of North-Carolina, and to be called the district of Cape-Pear, in and for which a district court shall be holden at Wilmington, by the district judge last aforesaid, on the last Tuesday in March, on the last Tuesday in July, and on the last Tuesday in November, in each and every year; which said courts, hereby directed to be holden, shall severally and respectively have and exercise within their several and respective districts the same powers, authority and jurisdiction, in all cases and respects whatsoever, which are vested by law in the district courts of the United States.
Sec. 22. And be it further enacted , That there shall be clerks for each of the said courts, to be appointed by the judge thereof, which clerks shall reside, and keep the records of the said courts, at the places of holding the courts whereunto they respectively shall belong, and shall perform the same duties, and be entitled to and receive the same emoluments and fees, which are established by law for the clerks of the district courts of the United States, respectively; and that the marshals and attorneys of the United States, for the districts which are hereby divided, or within the limits of which new districts are hereby erected, shall continue to be marshals and attorneys for the courts hereby appointed to be holden within the limits of their present districts respectively, and shall have, exercise and perform, within the jurisdiction of those courts, respectively, all the powers and duties, and receive all the fees and emoluments, appointed and established by law, for the marshals and attorneys of the United States.
Sec. 23. And be it further enacted , That the stated sessions of the district court of the district of Maryland shall hereafter be holden at Baltimore only.
Sec. 24. And be it further enacted , That the district courts of the United States, in and for the districts of Tennessee and Kentucky, shall be, and hereby are abolished, and that all and singular the powers, authority and jurisdiction, of the said courts, respectively, shall be, and hereby are vested in, and shall be exercised by, the circuit courts by this act directed to be holden in and for the district of East-Tennessee, West-Tennessee, and Kentucky, respectively, within the limits of their respective jurisdictions; and that the circuit judges to be appointed for the sixth circuit aforesaid, severally shall be invested with, possess and exercise, all and singular the powers now vested by law in the district judges of the U. States.
Sec. 25. And be it further enacted , That in case of the inability of the district judge of either of the districts of the United States to perform the duties of his office, and satisfactory evidence thereof being shown to the circuit court in and for such district, it shall be the duty of such circuit court, from time to time, as occasion may require, to direct one of the judges of said circuit court to perform the duties of such district judge, within and for said district, for and during the period the inability of the district judge shall continue; and it shall be the duty of the circuit judge, to whom the duties of the district judge shall be assigned in manner aforesaid, and he is hereby authorised to perform the duties of said district judge, during the continuance of his disability.
Sec. 26. And be it further enacted , That the several circuit courts hereby established, shall have power to appoint clerks for their respective courts; that is to say; one for each district within which such court is or shall be directed by law to be holden; which clerks respectively shall take the same oath or affirmation, and give the like bonds, as are by law required to be taken and given by the clerk of the supreme court of the United States; and shall be entitled to demand and receive, for their services respectively, the same fees, to be recovered in the same manner, as have heretofore been allowed by law for the like services to the clerks of the circuit and district courts of the United States.
Sec. 27. And be it further enacted , That the circuit courts of the United States heretofore established, shall cease and be abolished; and that the records and office papers of every kind belonging to those courts respectively, shall be safely kept by the clerks thereof, who shall continue in all respects to act as heretofore in the business of the said courts, until it shall otherwise be ordered by the courts hereby established.
Sec. 28. And be it further enacted , That the supreme circuit and district courts of the United States shall be, and hereby are, constituted courts of record.
Sec. 29. And be it further enacted , That all writs and process whatsoever, issuing from any of the circuit courts hereby established, shall, after the first day of April next, bear test of the presiding judge of such court, before which time they shall bear test of the
chief justice of the United States; all which said writs and process shall be signed by the clerks of the courts respectively, from which the same shall issue, and shall be made returnable to the next stated or special session of such court. And all writs and process which have issued or may issue before the first day of April next, returnable to the circuit courts heretofore established, or to any district court, acting as a circuit court, shall be returnable to the circuit courts hereby established, and shall be there proceeded in the same manner as they could, had they been originally returnable to the circuit courts hereby established.
Sec. 30. And be it further enacted , That every justice of the supreme court of the United States, and every judge of any circuit or district court, shall be, and hereby is, authorized and empowered to grant writs of habeas corpus for the purpose of enquiring into the cause of commitment, and thereupon to discharge from confinement, on bail or otherwise: Provided always , That no writ of habeas corpus, to be granted under this act, shall extend to any prisoner or prisoners in jail, unless such prisoner or prisoners be in custody under or by colour of the authority of the United States; or be committed for trial before some court of the same; or be necessary to be brought into court to give testimony.
Sec. 31. And be it further enacted , That the several courts of the United States shall be, and hereby are authorized and empowered, to grant new trials, and re-hearings on motion and cause shown, and to make and establish all necessary rules and regulations for returning writs, filing pleas, and other proceedings; and for regulating the practice, and enforcing the orderly conduct of business, in the said courts respectively: Provided always , That the said rules and regulations be not repugnant to the laws of the United States; and that all the courts of the United States, and each of the justices and judges thereof, shall be, and hereby are authorized and empowered, to administer all necessary oaths and affirmations, and to bind to the peace or good behaviour, with surety where necessary, in all cases acting under the authority of the United States.
Sec. 32. And be it further enacted , That every person who shall be appointed a judge of any circuit court hereby established, shall, before he shall begin to exercise the duties of his said office, take the following oath, or affirmation; that is to say: "I, A. B. do solemnly swear (or affirm) that I will administer justice without respect to persons; and will do equal right to all persons; and will, in all things, faithfully and impartially discharge and perform all the duties incumbent on me as a judge of _____ according to the best of my abilities and understanding and to the constitution and laws of the United States."
Sec. 33. And be it further enacted , That from all final judgments or decrees, in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars, shall be allowed to the circuit court next to be holden, in the district where such final judgment or judgments, decree or decrees, may be rendered; and the circuit court or courts are hereby authorized and required to receive, hear and determine, such appeal; and that from all final judgments or decrees, in any circuit court, in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, shall be allowed to the supreme court of the United States; and that upon such appeal a transcript of the libel bill, answer, depositions, and all other proceedings of what kind soever in the cause, shall be transmitted to the said supreme court; and that no new evidence shall be received in the said court, on the hearing of such appeal; and that such appeals shall be subject to the same rules, regulations and restrictions, as are prescribed by law in case of writs of error; and that the said supreme court shall be and hereby is authorized and required to receive, hear and determine, such appeals.
Sec. 34. And be it further enacted , That all final judgments in civil actions at common law, in any of the circuit courts hereby established, whether brought by original process in such court, or removed thereto from any State court, and all final judgments in any of the district courts of the United States, may, where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, be re-examined, and reversed or affirmed, in the Supreme Court of the United States, by writ of error; whereof shall be annexed, and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record and assignment of errors and prayer for reversal, and also a citation to the adverse party, signed by a judge of such circuit court, or by the district judge, as the case may be; which citation shall be served on the adverse party personally, or by leaving a true copy thereof at his or their usual place or places of residence, at least thirty days before the time mentioned in such writ of error for the return thereof.
Sec. 35. And be it further enacted , That the stipulation, bond or security, taken upon any writ of error or appeal to be brought or allowed as aforesaid, shall be returned by the judge taking the same to the clerk or register of the court where the judgment or decree complained of was rendered, to be by him annexed to the transcript of the record hereby directed to be sent up to the Supreme court of the United States.
Sec. 36. And be it further enacted , That there shall be appointed, in and for each of the districts established by this act, a marshal, whose duty it shall be to attend the circuit court of the United States hereby established, when sitting within such district, and who

shall have and exercise, within such district, the same powers, perform the same duties, be subject to the same penalties, give the same bond with sureties, take the same oath, be entitled to and receive the same compensation and emoluments, and in all respects be subject to the same regulations, as are now prescribed by law in respect to the marshals of the United States heretofore appointed: Provided always , That the several marshals of the United States now in office shall, during the periods for which they were respectively appointed, unless sooner removed by the President of the United States, be and continue marshals for the several districts hereby established within which they respectively reside; and shall perform the duties, exercise the powers, and receive the emoluments, hereby directed to be performed, exercised and received, by marshals therein.
Sec. 37. And be it further enacted , That there shall be appointed for each of the districts hereby established, a person learned in the law, to act as attorney for the United States within such district, and in the circuit and district courts which may be held therein; which attorney shall take an oath or affirmation for the faithful performance of the duties of his office, and shall prosecute, in such district, all delinquents for crimes and offences cognizable under the authority of the United States, and all civil actions or suits in which the United States shall be concerned, except actions or suits in the Supreme Court of the United States; and shall be entitled to, and receive, for their services, respectively, such compensations, emoluments and fees, as by law are, or shall be allowed, to the district attorneys of the United States: Provided always , That the district attorneys of the United States now in office shall, severally and respectively, be attorneys for those districts hereby established, within which they reside, until removed by the President of the United States; and shall perform the duties, exercise the powers, and receive the emoluments, hereby directed to be performed, exercised and received, by the attorney of the United States therein.
Sec. 38. And be it further enacted , That jurors and witnesses, attending any of the courts hereby established, shall be entitled to, and receive, the same compensations respectively as heretofore have been allowed by law to jurors and witnesses attending the circuit and district courts of the United States.
Sec. 39. And be it further enacted , That the records of the several circuit courts, hereby established, shall hereafter be kept at the respective places at which the said courts are hereby directed to be held: Provided always , That in the district wherein there are more than one place directed by this act for holding said circuit courts, the records of the circuit court in such district shall hereafter be kept in either of such places as the said court in such district shall direct.
Sec. 40. And be it further enacted , That the privilege from arrest of every person going to, attending at, or returning from, any court of the United States, shall be computed and continue from the time of his or her departure from his or her habitation, until his or her return thereto: Provided , that such time shall not exceed one day, Sundays excluded, for every twenty miles of the distance, which such person must necessarily travel in so going and returning, over and above the time of attendance.
Sec. 41. And be it further enacted , That each of the circuit judges of the United States, to be appointed by virtue of this act, shall be allowed, as a compensation for his services, an annual salary of two thousand dollars, to be paid quarter yearly at the Treasury of the United States; except the judges of the sixth circuit, who shall be allowed the sum of fifteen hundred dollars each, to be paid in like manner; and that the salaries of the district judges of Kentucky and Tennessee shall be, and hereby are, severally augmented to the like sum of fifteen hundred dollars annually, to be paid in like manner.
THEODORE SEDGWICK, Speaker of the House of Representatives. THOMAS JEFFERSON, Vice-President of the United States, and President of the Senate. APPROVED—January 13th, A. D. 1801. JOHN ADAMS, President of the United States.
Very late Foreign Articles.
Austria and France.
VIENNA (Germany) February 18.
THE following notification has been transmitted from the State Chancery to the Agents and States of the Empire:
"The French Republic has required, as an express condition of the new armistice for 30 days, that during that time, not only the peace with Austria shall be finally concluded, but that the Emperor, as head of the Empire, shall act definitively for the German Empire, in order to avoid the delays inseparable from a Congress. The Emperor has not been able to refuse consenting to this proposition, and finds it necessary to give this notice of it to the States. He will on this occasion, exert himself as much as shall be in his power, for the good of the whole Empire; but should the result not prove conformable to his wishes, it must be considered as a consequence of the unfavourable circumstances in which he finds himself; and such of the States, as shall conceive themselves to have cause of complaint, must apply immediately to the French Republic."
The French Squadron.
LONDON, March 4.
Accounts are said to have been received by the Admiralty, that the French squadron
from Brest had been seen off Malaga, steering east. If this information be correct, their destination is Egypt. If Sir Robert Calder should not overtake them, Lord Keith has, off the coast of Egypt, a force more than equal to cope with them.
France and Great-Britain.
LONDON, March 3.
Accounts from Paris to the 20th ult. state, the recall of Mr. Otto, in consequence of the order of our government to capture all French fishermen, on the ground of their having been put in requisition to equip and arm the fleet at Brest; but Mr. Talleyrand's letter declares, that the French government will not make reprisals on our fishermen.
PARIS, February 23.
The Minister of Police, informed that M. Cozalas was embarking at Dover for Calais, has given orders to put him on board again immediately, and send him back to England.
Affairs in Egypt.
LONDON, March 2.
The Hamburg mail brings certain intelligence of the landing of a division of the British army under General Abercrombie, in the Bay of Monvry, near Damietta, in Egypt, early in January, without opposition. The news is official from Lord Minto. The troops have been joined by a division of the Turkish army. The French force in Egypt, including Coptes and Arabs, is estimated at about 30,000 men. There was a rumour in circulation at Constantinople, January 10, that our army had been defeated. We cannot find, however, that this rumour rests upon any grounds which shall entitle it to credit.
March 3.
Another Hamburg mail brings advice, that the remainder of the English troops destined to act against Egypt has arrived at Marmora, where a great number of ships of war were at anchor.
There does not appear to be any foundation for the rumour brought by the first mail of the defeat of the English at Damietta.
Letters from Constantinople mention, that Abdullah Menou's functions in Egypt are confined to the duties of the Governor-General, and that the real command of the troops has, by order of Buonaparte, been given to General Regnier, an officer of great merit.
An arrival at Portsmouth from Lisbon states, that five days before she left Lisbon 30 English transports sailed with troops, supposed to be destined to Egypt.
Respecting the Northern Powers.
COPENHAGEN, February 14.
The Swedish Admiral Cronstadt is arrived here to confer on the subject of the naval preparations now making.
Fourteen ships of the line are almost completely ready for sea.
February 18.
One hundred and thirty-nine Danish vessels have been embargoed in the English ports.
STOCKHOLM, February 6.
Our fleets will be ready for sea by the end of March, if our harbours are free from ice.
HAMBURGH, February 10.
If the English embargo on Danish and Swedish vessels is not taken off, it is believed that Hanover and Hamburg will be occupied by Prussian troops.
The intelligence that an English frigate has cut out several Swedish vessels from Norway, causes great sensation here, as it is considered as a formal rupture between England and Sweden. Denmark, on the contrary, endeavours to ward off the blow, and has nothing so much at heart as to keep on good terms with England.
The English property sequestered in Russia was selling at the last dates.
February 11.
Sweden and Denmark will furnish 20, and Russia 30 sail of the line, to oppose England. These will be joined by a Dutch fleet of from 15 to 18 sail. This powerful force will oblige the English to reinforce their North-Sea fleet from the Grand Channel fleet.
Providence,
WEDNESDAY, April 8.
From a New-York Paper of April 1. London papers to the evening of March the second, inclusive, were received yesterday at the office of the Mercantile Advertiser, by the ship Eliza, Capt. Brown, in 24 days from Plymouth. They afford us the opportunity of informing our readers that a peace between France and the Emperor of Germany was concluded at Luneville on the 9th of February, the principal articles of which are, 1. The cession of the Netherlands to France, and the country of Falkenstein, and the Frickthal. 2. Istria, Dalmatia, the Venetian islands in the Adriatic, and Venice, are confirmed to the Emperor. The Brissgau is given up to the Duke of Modena. 3. The Grand Duke of Tuscany is to give up Tuscany to the infant Duke of Parma, and is to receive an indemnity in Germany. 4. The Emperor consents, for the German empire, that France shall possess all the countries on the left bank of the Rhine, which formed part of the German empire. 5. France gives up Dusseldorf, Ehrenbreitstein, Philippsburg, Cassel, Kehl, and Old Brissac. 6. The German Princes, who have been dispossessed of territories on the left bank, are to be indemnified on the right, 7. Holland,
Switzerland, Liguria, and the Cisalpine, are included in the treaty. 8 England is shut out from the ports of the Emperor of Germany. The treaty is to be ratified in 30 days from the time of its being signed.
The king of England is dangerously ill of a fever, contracted about the 18th of Feb. An official bulletin of the state of his health is published daily, by the two attendant physicians, to gratify the anxiety of the people respecting their sovereign.
Mr. Pitt held the seals of his office on the second of March.—It was reported that he had been requested to deliver them up to the person named as his successor; but that he had absolutely refused, on the ground that the king's unhappy situation imposed a double duty on the Chancellor of the Exchequer to retain his situation, and that he should not retire until his Majesty was in a capacity to receive his formal resignation, or until the Imperial Parliament had made suitable legislative provision for any unfortunate exigency which might arise in the public affairs.
The Pretender has incurred the displeasure of the Emperor Paul, and has been driven from Mittau. Our last accounts left him at Memel, in the dominions of Prussia, from whence he intended retiring, to Edinburgh, on a pension of 200,000 roubles, which, notwithstanding the rupture, Paul continues to allow him.
A plan is said to be in agitation between Russia, Austria, and France, for dismembering the Turkish empire in Europe.
Letters from Constantinople, dated the 1st of January, say, that the Sublime Porte has sequestrated the property of the States of Barbary.
The French government has recalled M. Otto from England, on account of the depredations committed by order of the British Ministry on the French fishing-smacks, contrary to the good faith, which had been previously pledged, that they should be suffered to carry on their occupation unmolested.
Our readers will be astonished to find Bonaparte, whose business it has hitherto been to annul kings, has created one of the sons of the Spanish Monarch king of the ciudadanos dukedom of Tuscany, as a reward for the fidelity with which his father has observed the treaties of offensive and defensive alliance which bind him to the Republic.
Flour in England is 120s. sterling the sack. Partial disturbances have arisen in some parts of the country from the high price of provisions, and the wretched situation of the poor.
It appears by a London article of March 4, that the King is on the recovery from his late sickness.
The length of the JUDICIARY LAW, (which, on account of its importance, we this day give complete) obliges us to omit much foreign and domestic intelligence.
Died.
On Saturday last, in the 64th year of his age, Capt. Zachariah Allen, many years a respectable merchant of this town. By a long course of persevering industry, he had acquired a very ample fortune, which was rendered useful to society by the employment of many of its members; his death therefore must be considered as a public loss—to his bereaved family it is irreparable. On Monday afternoon his remains were attended to the Episcopal Church by a numerous assemblage of sympathising fellow-citizens, preceded by the Marine Society, of which he was a worthy member—where a pertinent discourse was delivered by the Rev. Mr. Clarke, of Bristol, from 1st Samuel, iii. 18; "It is the Lord; let him do what seemeth him good." After divine service, his remains were respectfully deposited in the church yard.
In the 55th year of his age, Mr. Samuel Hamlin.
The sale of one half of a Slaughter-House, &c. advertised in the last page of this day's paper to be sold on Thursday the 9th inst. is postponed until Thursday the 16th. April 8.
REAL ESTATE.
For sale at Public Auction, on Saturday the 11th of April inst. at 10 o'clock, A. M. at BENJAMIN HOPPIN and SON's Auction-Room.
A NUMBER OF HOUSE LOTS, bounded on Pawtuxet road, and on two cross streets leading to, and on Greenwich road, a little more than a mile from Providence bridge, and as pleasantly situated as any lots in the vicinity of this town; the land is in a high state for cultivation, and will make excellent gardens. Conditions will be made known at the time and place of sale. At 12 o'clock, the same day, will be sold.
A two story DWELLING-HOUSE, eighteen feet by twenty-seven, situated on Broad-street, next door to Benjamin and Charles Dyer's store. House carpenter's or mason's work, or materials for building, will be received in pay for the house. The house has lately rented for about fifty-five dollars per year. April 8.
THE Members of the Providence Association of Mechanics and Manufacturers are hereby notified, that their annual meeting for choice of officers for the year ensuing, will be held at the State House on Monday next at 2 o'clock, P. M. A general and punctual attendance is requested.
By order of the President. JOSEPH BALCH, Sec'y.
April 8.
Public Vendue.
On Thursday the 23d of April inst. at 9 o'clock in the morning, will be sold at Public Auction, at BENJAMIN HOPPIN and SON's Auction-Room, a large collection of
BOOKS,
In the various Arts and Sciences, in which are included the most celebrated authors, such as SHAKESPEARE, Goldsmith, Newton, Milton, Buckett, Robertson, Kaimes Hervey, Sterne, Voltaire, &c. Also, Voyages, Travels, Novels, Plays, Magazines, and other Periodical and Miscellaneous publications, affording an excellent opportunity to furnish new or replenish old Libraries, as the whole will positively be sold, or sacrificed.
At Private Sale will be offered,
A few elegant silver mounted Spectacles, suitable for all sights.
Catalogues will be delivered the day previous to, and at the time and place of sale. April 8.
Herds Grass and Redtop.
A QUANTITY of choice Herds-Grass and Redtop Hay-Seed, this day received, and to be sold at the store of THOMAS JONES, per bushel, or less quantities. April 8.
AARON MAN
HAS FOR SALE,
BARLEY, Oats, Long-Island Flax-Seed, Red and White Clover-Seed, Herds-Grass, Redtop, Bent and Fowlmeadow do. Also, All sorts of Steel, Nailrods, large and small Shovels, Spades and Hoes of the best kind. Hard-Ware in general, as usual. April 8.
For Sale,
THE Schooner OLIVE- BRANCH, as she now lies, at the late Captain Christopher Sheldon's wharf, in good order and equipment for sea, most sails and rigging new; she is a strong good vessel, about 75 tons burthen, and carries 600 barrels. For particulars enquire of SAMUEL WHEATON. April 8.
Cheap for Cash.
Benjamin Thurber,
At the old Sign of the Bunch of Grapes has for Sale,
A FRESH assortment of fashionable new Goods; among which are a variety of Fancy Patches, Chintzes, Calicoes, English and India Satins, Lustrings, Silk for Bonnets, Silk Shawls of different colours, Silk and Kid Gloves, Bengal, Crapes, tambour'd Mullins, Lappets, Muslinets, Dimities, fashionable Ribbons, Umbrellas, Vest Patterns, white and black Laces, Morocco and Florentine Shoes, Russells, Moreens, Velvets, India Cotton, Cotton Wool, a large assortment of Looking Glasses, London Pewter, Knives and Forks, China, Delft and Glass Ware, new fashioned Tea Pots; a great variety of other articles, too numerous to mention, all which to be sold at the lowest advance for cash in hand. Friends and customers are invited to call and see for themselves, and they will be waited upon with pleasure, whether they purchase or not. April 8. 8w
To be Sold,
A CONVENIENT and well finished two story Dwelling-House, with four rooms upon a floor, and adjoining the Providence Bank. For particulars apply to the subscriber living on the premises. DEBORAH CLAP. April 8.
FROM THE POSTRIDER.
THE subscriber takes this method to inform his Customers, that the Newspapers dated on the twenty-second day of April, will be the last date he can furnish them with, as he purposes to follow other business. He informs all who are indebted to him, that he shall not have an opportunity to collect any debt due to him after the above date; and that it is his earnest request, that all who are indebted to him for Newspapers or Books, should pay him, previous to said date, to prevent cost. He presumes that no one will expect him to pursue his route on purpose to collect a few trifling debts. All those gentlemen that take papers, and do not have them left at their own dwellings, will be so obliging as to leave their money where their papers are left.
He also informs, that he shall continue the Aqueduct Business, or Water Works, at the low price of one shilling and three pence per rod. Any gentleman who wishes to convey water to his dwelling the ensuing season, is desired to make application to the subscriber previous to the discontinuance of his riding, who will gratefully receive the smallest favour.
JOSEPH FULLER,
Postrider from Providence to Bristol. April 8.

Selected Poetry.
THE SAILOR'S CONSOLATION.
SPANKING Jack was so comely, so pleasant, so jolly, Though winds blew great guns, still he'd whistle and sing; Jack lov'd his friend, and was true to his Molly. And, if honour gives greatness, was as great as a king. One night as we drove with two reefs in the main sail, And the scud came on low'ring upon a lee shore, Jack went up aloft for to hand the top gaunt sail, A spray walk'd him off, and we ne'er saw him more. But grieving's a folly; come, let us be jolly; If we've troubles on sea, boys, we've pleasures ashore.
Whistling Tom, full of mischief or fun in the middle, Through life, in all weathers, at random would rove; He'd dance, and he'd sing, and he'd play on the fiddle, And swing, with an air, his allowance of grog; Long side of a Don, in the Terrible Frigate, As yard arm and yard arm we lay off the shore, In and out, whistling Tom did so caper and jig it, That his head was shot off, and we ne'er saw him more. But grieving's a folly, &c.
Bonny Ben was to each jolly messmate a brother; He was manly and honest, good natur'd and free; If ever one tar was more true than another, To his friend and his duty, that sailor was he. One day with the davit to heave the ledge anchor, Ben went in the boat on a bold craggy shore, He overboard tipt, when a shark and a spanker, Soon nipt him in two, and we ne'er saw him more. But grieving's a folly, &c.
But what of it all, lads—shall we be down hearted, Because that mayhap we now take our last sup? Life's cable must one day or other be parted, And death in fast mooring will bring us all up; But 'tis always the way on't, one scarce finds a brotha ere, Fond as petch, honest, hearty, and true to the core, But by battle, or storm, or some damn'd thing or other, He's popp'd off the hooks, and we ne'er see him more. But grieving's a folly, &c.
NEW-YORK, March 16.
Translation of a letter from Don Joaquin Garcia, Governor of the Spanish part of St. Domingo, to the President of the United States.
SIR, THE great humanity (the offspring of amagnanimous breast) of a mili- tary officer of the United States, deserves the greatest applause and consideration from me and my whole nation. It was dis- played in his recent conduct towards two numerous families, who were removing from this city to Puerto-Rico, and com- posed of many small children and ladies of quality.
This officer is Charles Stewart, Esq. Captain of the armed Schooner Experiment , who, whilst the accidents of the sea threatened to overwhelm him, observ- ed that near the island of Saona, a schoo- ner with a multitude of women and chil- dren cryed out for help, to save them- selves from becoming the unhappy vic- tims of the tempest, or the want of nau- tical skill of Capt. Christian Graneman, a Dane, who, in the hardness of heart, strove to save his person and effects by going on shore, and leaving so many hu- man creatures exposed to the turbulence of the waves, an extremity which pre- sented to them a near prospect of death.
This brave and generous officer, his crew and all under his command, im- pelled by humanity, alerily strove to save these wretched ladies, and succeeded. A few moments after their safety was ac- complished, the Schooner sunk.
Amid thanks, vows and lamenta- tions, this worthy officer learnt Captain Graneman was on the mountain of Saona with his effects. Without neglecting the ladies, he endeavoured to secure a wretch, who ought not to live among mankind. This he effected, and through the humani- ty of the ladies, used no greater severity towards him, than to take him on board and carry him well secured to this capi- tal. He treated the ladies with the grea- test courtesy, accommodating them with his cabin, his table and every conveni- ence.
They have requested me to commu- nicate these circumstances to your Ex- cellency, and that, in their name, I should present to you their cordial thanks, as- suring you that it is an action which will remain forever impressed on their hearts.
For myself, and in the name of my nation, and of all who know of the oc- currence, worthy of so cultivated a na- tion, and of an officer of the United States, I present you my thanks with that sincerity which belongs to my cha- racter; and I shall have the honour to render an account of it to my master the King of Spain, in order that such an ac- tion may redound to the honour of this
officer, of his flag, and of all his brave and generous crew.
"God preserve you many years. Santo Domingo, January 21, 1801. May it please your Excellency, JOAQUIN GARCIA."
March 27.
A writer in a late London paper, after making a number of observations on the Northern Confederacy, says, "I shall only add a word or two respecting the great ad- vantage and profit which the United States of America must derive from a war between us and the Northern powers. Besides sup- plying us with a great proportion of those articles of trade, which we now purchase from those who can scarcely be called our customers; besides selling us great quantities of pitch, tar, turpentine, pot and pearl-ashes, and iron; besides this rivalry in commerce, America will become a most dangerous rival to the Northern powers in navigation. The carrying trade of the Baltic will pass entirely into her hands. Those riches which the Russians, Prussians, Swedes and Danes, but particularly the two latter, have extorted from the necessities of Holland, France and Spain, will cease to flow into their treasuries; and these nations, unable any longer to pur- chase even a precarious protection for the remnant of their trade from the powers of the North, will gladly transfer their custom to a flag under which their property will have a chance of escaping the vigilance of our cruizers. If America makes a proper use of the advantage that presents itself, if she ad- heres faithfully to her treaty with us, which contains a formal protest against the present pretensions of the Northern powers, the war which now appears inevitable between us and these powers, will be for her a golden har- vest. Every sack of coffee, every barrel of sugar, in short, the whole of the produce of those West India islands, which are not in our hands, must rot upon the ground, or must be carried on by the aid of American bottoms. Nay, the trade in Europe, between our seve- ral maritime enemies, must be carried on by the aid of American ships. No other flag will, in any case, shelter it from our hostili- ty. The whole list of maritime powers, from Russia to Spain, must become tributary to this solitary symbol of friendship with Britain; and it cannot but operate as an alleviation of the evil they endure, when they reflect that the riches which their malice is thus pouring into the lap of America, will, in great part, find their way to the treasury of that very nation whom they wish to impoverish and destroy."
Sale at Auction.
On Thursday the 9th inst. at 11 o'clock in the forenoon, will be sold at Public Vendue, on the premises, for the benefit of the creditors of Pitts and Cheadle.
ONE half of a Slaughter-House, &c. standing on the west side of the bridge, on lands belonging to Col. John Ma- thewson, and the same that is now occupied by Mr. Ziba Darling. BENJAMIN HOPPIN, jun. Assignee.
For SALE,
THAT valuable real Estate late the property of William Sessions, consist- ing of a well finished convenient Dwelling- House, almost new, together with the Lot on which it stands, having a good well of water thereon, situated on the main street, nearly opposite the Episcopal Church, adjoining a 15 feet gangway leading to the water. If the above premises are not sold soon, they will be to let. For further particulars enquire of ABEL ALLEN, Who has for Sale, At his Lumber-Yard, near the Episcopal Church,
Seasoned Merchactable Pine Boards and plank, Spruce studs and joists. Best Connecticut round bundle Shingles and Laths, &c. together with a quantity of Window Frames and Sashes of different sizes. Also, One new fall back Chaife, brass mounted, with harness complete, made of the best materials. Providence, April 1, 1801.
JUST landed from on board the Schooner Delight , Charles Spooner, master, ONE Hundred and Forty hogf- heads Surinam MOLASSES, good for retailing. For sale by RICHARD JACKSON, jun. GEORGE JACKSON, and BENJ. and EDWARD ABORN. Who have likewise for sale, Turks Island and Lisbon Salt, per quantity. March 25.
COFFEE, SUGAR, COTTON and LOGWOOD,
JUST imported in the Schooner Betsey , Captain Thornton, from Cape- Francois, and for sale by SAMUEL ABORN, jun. at his store on the Long Wharf; Who has also for sale,
A few hogheads of St. Croix Rum, and 5 boxes, containing 50 bottles each, best Port Wine, 4 years old. March 18.
Augustus Larned and Co.
Have for Sale, FIRST quality of Cape Sugars, Coffee and Logwood. March 18.
LOST,
ONE three dollar bill and one two dollar bill, and a certificate for a pen- sion from the United States, payable to RICHARD SEPULTON, contained in a parch- ment pocket book. Whoever finds the above pocket book, and will return it and the con- tents to the Printer, shall be reasonably re- warded. March 17.
A YOUNG MAN, who can pro- duce a good recommendation, wishes for a place in a Grocery Store. Particular information can be obtained by applying at this Office. March 18.
For Sale,
A LOT of LAND, situated in Westminster-street, a little to the west- ward of Mr. AARON WRIGHT's. Said lot was formerly the property of Col. WILLIAM WALL. Enquire of JOHN INNES CLARK. March 11.
This day Published, and for Sale at HENRY CUSHING's Book-Store, West Side of the Bridge, [Price 18 dols. per hundred in sheets, 3 dols. 50 cts. per doz. bound, or 37 1-2 cents single.]
The American Moralists.
By GEORGE CHIPMAN. The above is a judicious se- lection from the most approved writers, an- cient and modern, with original pieces, dia- logues, &c. designed principally for the use of schools and young persons, but may justly claim some attention from the aged, the gen- tlemen and the lady. The author's chief de- sign, in this selection, was to furnish schools and young persons with a book containing ethical and religious lessons, represented and exemplified in such a manner as to enlighten the understanding, and captivate the heart.— Though the general tenor of the book is of a moral and religious cast, yet the author has by no means been inattentive to that variety which is so pleasing and useful to young per- sons, and has interspersed pieces from natural and sacred history, together with biographi- cal and allegorical descriptions. It has been honoured with the approbation of competent judges, but the compiler's request is, that parents and instructors of youth, who wish well to virtue and religion, and desire that the minds of all under their care may be duly and deeply impressed with early and real piety, would examine the work, and judge for themselves. March 15. 3m.
To be Sold,
ONE half of a Dwelling-House, fifty feet front by twenty-five back, and lot, where the subscriber now lives, in Broad- street, west side of the bridge, Providence. ALSO,
Adjoining the same, a forty foot Lot, with a new Shop thereon, thirty feet by twenty; very convenient for a West-India goods store.
LIKEWISE,
One half of a forty foot Lot, a few rods from the Rev. Mr. Wilson's Meet- ing-house, with a small two story Dwelling- house and Blacksmith's shop thereon.
Any Gentleman inclining to pur- chase the whole or part, will apply to SAMUEL JACKSON, 2d. March 4.
WHEREAS the Honourable Court of Common Pleas for the county of Providence, at the last December term, appointed the subscribers Commission- ers to receive the claims against Sabin Lewis, resident in Gloucester, who has obtained the benefit of an act passed in June, A. D. 1756, entitled, "an act for the relief of insolvent debtors": Notice is hereby given to the cred- itors of said Lewis, to exhibit their respective claims to the subscribers, within nine months from the twentieth day of December last, otherwise they will be precluded agreeable to the aforesaid act. JOSEPH BOWEN, SOLOMON OWEN, CYRUS COOKE. Gloucester, March 4.
A Farm for Sale,
CONSISTING of 120 acres. Eve- ry judge of lands who views it will be satisfied that the soil is excellent and profita- ble; especially the meadows, which produce a large burthen of good stock-hay. There is a small dwelling-house, large barn, plentiful orcharding, &c. thereon. Within half a mile is a village of merchants, and mechanics of all the various kinds useful to a farmer. Enquire of Mr. LUCAS BOLLES in Prov- idence, or of the subscriber, living near the premises. DAVID BOLLES, jun. Ashford (Connecticut) February 20.
To be Sold,
A HOUSE and BARN, and about one acre of Land, with a great number of excellent fruit trees thereon, pleasantly situ- ated near the centre of the town of Pomfret, on the post-road from Norwich to Worcester, and within sixty rods of the post-road from Hartford to Boston; a very good stand for a mechanic or merchant. The terms of pay- ment will be made easy. NATHAN DRESSER, jun. Pomfret, March 2.
Farms for Sale.
THE subscriber, contemplating a removal into the State of New-York, of- fers for sale the following tracts of Land, viz. the Farm he now lives on, situated in the centre of the town of Pomfret, State of Con- necticut; containing one hundred and fifty- two acres of as good land as any whatever, well proportioned for mowing, ploughing, pas- turing, orcharding and woodland; with a large dwelling-house, 3 large barns, merchant shop, and other necessary out buildings, and one of the best stands for a merchant or tavern, being on the stage road from Boston to New- York through Hartford, and where the New- London and Norwich road to Worcester in- tersects with the Boston stage-road, and the road from Providence to Hartford passes by the door of said dwelling-house, and is as pleasant a situation as any in the State.
Also, Another about a mile and a half from the meeting-house, containing be- tween eighty and ninety acres of good Land, well proportioned for a farm, has one of the best orchards in Pomfret, which makes year- ly from 70 to 100 barrels of cider, and is hand- somely situated, with an upright House, and a large good Barn.
Also, Another, about one mile from said meeting-house, containing about 65 acres of Land, all under good improvement, and cuts yearly twenty loads of hay, and makes about twenty barrels of cider, with an old upright House thereon; the land is ex- cellently watered, and as good as any in Pom- fret.
Also, Another, lying about one hundred rods from said meeting-house, con- taining between 40 and 50 acres of the best kind of mowing and pasturing.
Also, A Meadow, one mile east of the first mentioned dwelling-house, con- taining about 30 acres of the first quality of Land, cuts yearly thirty-five loads of hay, and lays on the main road to Providence.
The above Lands are well water- ed, and as pleasantly situated as any in Pomfret, and will be sold altogether or separately as may best suit the purchaser or purchasers.
Also, a Farm in Windsor, county of Berkshire, State of Massachusetts, con- taining 350 acres of land, pleasantly situated, about 3-4 of a mile from the meeting-house, with a good farm house and two large barns, will keep yearly 20 cows, and with good husbandry in a few years would keep 40 with other stock, and is well situated to make 2 or 3 Farms.
Also, about one thousand acres of Land on Union river, State of Vermont. All the above Lands will be sold low for ready pay, and an indisputable title given, by SETH GROSVENOR. Pomfret (Connecticut) February 20.
To be Sold,
For cash or notes payable at the Bank in Newport (R. I.) with approved endor- sers.
AN excellent Lot of Land, be- longing to Dr. WILLIAM HANDY, now rented for 80 dollars per annum, situated on the hill in the town of Newport, containing about eight acres, which for fertility of soil and beauty of prospect (especially of the sea) is equal if not superior to any on the island. Possession will be given on the 25th of March next. Said land may be laid out into ten house-lots, sixty feet front and seventy-seven feet rear.
ALSO,
A neat and well finished House on Eaton's Point (so called) and nearly opposite the house lately the property of JOSEPH WANTON, Esq. deceased. Said house is in complete repair, and newly painted, now in the occupation of Mrs. GRATTAN. Possession will be given on the 12th of May next. Good titles will be given the above. Ap- ply to ROSEWELL SALTONSTALL, Attorney to said Handy. New-London (Con.) January 30. 1801.
FOR SALE, BY
James and William D'Wolf, At their Store in BRISTOL, R. I.
SUPERFINE Letter-Paper
Writing do. Bourdeaux Wine, of an excellent quality Florence Oil, per case, in flasks and bottles Marble Soap, per box a Boxes of Medicine Brimstone Coffee Black Pepper Sugar Italian Silks, plain and striped Ribbons Silk Stockings Sewing Silk Cambric Ladies long and short white Kid Gloves.
N. B. The above goods are all genuine of their kind, just imported from Batavia and Leghorn, and will be sold on very moderate terms for cash, or on a reasonable credit. Bristol, January 13.