Rhode-Island Republican (Newport, R.I.), 1802-01-30 00:00:00

RHODE-ISLAND REPUBLICAN.
"LIBERTY is the basis, and whoever would dare to sap the foundation, or overturn the structure, under whatever specious pretext he may attempt it, will merit the bitterest execration and the severest punishment which can be inflicted by his injured country." WASHINGTON.
NUMBER 18.]
NEWPORT, SATURDAY, JANUARY 30, 1802.
[VOLUME II.]
Published weekly, by OLIVER FARNWORTH, Printer to the State—Near the COFFEE-HOUSE, Thames-Street.
DIRECT TAX.
PURSUANT to an Act of Congress, entitled, "An Act to lay and collect a Direct Tax within the United States"—Will be sold at Public Sale, at the house of Peleg Arnold , Esq. Innholder in the Town of Smithfield, on the sixth day of March next, at one o'clock in the afternoon, the under mentioned Estates (situated in said Smithfield) or so much thereof as may be necessary to satisfy the taxes due thereon, together with costs and charges, unless the said Taxes, Costs and Charges shall be paid previous to that time.
   Names of Occupants in Oct. 1798. Names of Reputed Owners in Oct. 1798. Kind of Estate. Tax   Dols. Cents.     Benjamin Arnold. Benjamin Arnold. Land. 1 43   Christopher Angel. Christopher Angel. Land & house. 1 18   Jeremiah Bucklin. Jeremiah Bucklin. Land & house. 2 5   Nathan Cargill. Nathan Cargill. Land & house. 5 14   Jesse Hutchinson. Arthur Fenner. Land & house. 5 55   Amos Keech. Amos Keech. Land. 2 27   Jonathan Newhall. Jonathan Newhall. Land & house. 3 1   Widow Olney. Jeremiah Olney dec'd heirs. Land & house. 7 14   Chad Smith. Arthur Fenner. Land & house. 6 1   Joseph Slack. Joseph Slack. Land & house. 6 55  
Smithfield, December 18, 1801.
JAMES PAINE, Collector of the Revenue.
N. B. The above Taxes may be discharged by calling on Thomas Buffum , at his Store in said Smithfield.
14 2m
CONDITIONS OF THE
RHODE-ISLAND REPUBLICAN.
1. To Subscribers in Town, whose Papers are delivered them, 95. per ann. if paid within the first quarter; or Two Dollars, if not paid until the end of the year.
II. Subscribers in the Country, who depend on casual conveyance, One Dollar and 25 Cents, if paid within the first quarter; or One Dollar and 75 Cents, at the end of the year.
III. Distant Subscribers, who receive their papers by mail, One Dollar paid in advance, (exclusive of postage) or One Dollar and 50 Cents, at the end of the year.
To the Connecticut Susquehanna Company.
THE standing Committee of the Connecticut Susquehanna Company in order to enable the agents of said Company to oppose right against might have
Resolved, "That a tax of two dollars be laid on each and every right (whether located or unlocated) in and throughout the purchase; and on all parts of rights in the same proportion."
All persons claiming or owning land in the aforesaid purchase, are hereby requested to transmit to the treasurer of said Company the aforesaid ratio, by order of the committee.
JOSEPH KINGSBURY, Sec'y.
Ulster, Luzerne County, Dec. 7, 1801.
N. B. The treasurer of said company is John Franklin, Esq. of Tioga Point.
Elopement.
WHEREAS SARAH, wife of me the subscriber has eloped from my bed and board, and carried away all my furniture, clothing, &c. This is therefore to caution all persons against trusting or harboring her on my account, as I shall pay no debts of her contracting after this date.
JOHN VENDERSTIN.
Newport, Jan. 23, 1802.
17 1/2
Stolen from the Subscriber,
AND carried away, in the Night of the 12th instant, about Sixty ox-cart loads of Seaweed, deposited in a heap upon the land on the West side of the cart-way, leading from the Cove on the West shore of Coggeshall's Neck. Any person who will give information so that the Thief or Thieves may be brought to justice, shall receive a handsome reward.
THOMAS G. HAZARD.
Newport, Jan. 13, 1802.
16
Take Notice.
WHEREAS Judith Stafford, wife of John Stafford, of Tiverton, in the county of Newport, gentleman, did on the eighth day of July, 1801, lodge her Petition in the Clerk's Office of the Supreme Judicial Court, for the county aforesaid, praying for divers causes, therein set forth, that the bond of marriage between her and her said husband may be dissolved, and a Decree of divorce promulgated: This is therefore to give notice to the said John, and to all other persons concerned, to appear (if he or they think fit) at the next term of said Court, to be held at Newport, on the 5th Monday of March next, and shew cause why the prayer of said Petition should not be granted.
B. HAZARD, Clerk.
Newport, Jan. 13, 1802.
16 1/2
TAKEN UP,
ON my upper step of the front door, a few days since, a LETTER—under suspicious appearances—directed to Edmund Hammond, in Newport. The person to whom it belongs, may have it, as it was found—(unopened) by paying for this Advertisement.
CHARLES F. BARTLETT.
Newport, Jan. 13, 1801.
4. Doctor BARTLETT has secured the Copy right of his Book on "Rules of Health" &c. &c. and it is now ready for the Press.
Take Notice.
ALL persons having demands against the Estate of Benjamin Baker , late of North-Kingstown, deceased, are requested to exhibit them to the Subscribers, for settlement;—And those indebted to said Estate, are desired to make immediate payment to
BENJ. BAKER, Adm'r.
RHODA BAKER, Adm'r.
North-Kingstown, Nov. 10, 1801. 16 1/2
For Sale,
By JOSEPH BRIGGS,
10 Hhds. 3d proof Windward-Island
RUM, good flavor'd.
3 Do. Jamaica SPIRITS, 4th proof.
20 Hhds. of good retailing MOLASSES.
Newport, Jan. 16.
To be Sold,
A FARM in Charlestown, pleasantly situated, lying between the flage road, and the Atlantic Ocean; containing about Two Hundred and Fifteen acres of excellent land, with a new large two story dwelling house thereon; a good barn, crib, and other out-buildings.—Said Farm is well proportioned for pasture, meadow and plowland; with a sufficient quantity of wood for the Farm—is well fenced, and partly by the salt pond, which affords a great variety of fish. For further particulars enquire of the Subscriber, living on the premises.
STEPHEN BROWNING.
Charlestown, Dec. 4, 1801. 11 3
For SALE, in Good Repair, By
THOMAS GREEN,
THE large commodious Dwelling-House, in which he now lives, in Thames-Street, near Carr's Ferry; a well constructed large convenient store in the front, the yard and cellar well paved, a good well of water in the cellar, and a cistern in the yard.—Said House is well known to be one of the best stands in town, for every kind of business; and will be set up at Auction (if not previously disposed of) the first Thursday in May next.
Said GREEN having on hand, of the latest importations, a complete assortment of English and India Goods, is determined to sell them for ready pay, at the most reduced prices.
—LIKEWISE—
Said GREEN earnestly invites all such of his friends and customers, who have open accounts, or any wife indebted to him more or less, by book, note, or mortgage, to make payment as soon as may be convenient; especially those standing beyond three months (the customary term of credit); while he hopes his good old friends will continue their favors, and not forsake him now in the decline of life, to whom he devoutly offers his grateful acknowledgments for manifold favors, already received for a long series of time past.
Newport, Jan. 16, 1802. 16 1/2
TO BE SOLD,
A F A R M,
LYING in Exeter, State of Rhode-Island, about six miles from Wickford, containing 180 acres of good Land, with two Dwelling-Houses, and other out buildings. It may be purchased together, or in separate divisions. Payment will be made easy.
—ALSO—
A share in the Ohio Company, containing nearly Twelve Hundred Acres of excellent Land. For further particular apply to
PARDON TILLINGHAST.
Exeter, Nov. 28. 50 1/2
SENATE OF THE UNITED STATES.
FRIDAY, January 8, 1802.
DEBATE
On Mr. Breckenridge's motion to repeal the Act passed last Session, for a new organization of the Judiciary System.
MR. BRECKENRIDGE. It will be expected of me, I presume, Sir, as I introduced the resolution now under consideration, to assign my reasons for wishing a repeal of this law. This I shall do; and shall endeavour to shew,
1. That the laws unnecessary and improper, and was so at its passage; and
2. That the Courts and Judges created by it, can and ought to be abolished.
18. That the act under consideration, was unnecessary and improper, is to my mind, no difficult task to prove. No increase of judges could be necessary or justifiable, unless the existing courts and judges were incompetent to the prompt and proper discharge of the duties assigned to them. To hold out a shew of litigation, when in fact little exists, must be impolitic; and so multiply expensive systems, and create hosts of expensive officers, without having experienced an actual necessity for them, must be a wanton waste of the public treasure.
The document before us, shews, that at the passage of this act, the existing courts, not only from their number, but from the suits depending before them, were fully competent to a speedy decision of those suits. It shews, that on the 15th day of June last, there were depending in all the Circuit Courts, (that of Maryland only excepted, whose docket we have not been furnished with,) 1539 suits. It shews that 8276 suits of every description have come before those courts, in 10 years and upwards. From this it appears, that the annual average amount of suits has been about 300.
But sundry contingent things have conspired to swell the circuit court dockets. In Maryland, Virginia, and in all the southern and southwestern States, a great number of suits have been brought by British creditors; this species of controversy is nearly at an end.
In Pennsylvania, the docket has been swelled by prosecutions in consequence of the Western insurrection, by the disturbances in Bucks, and Northampton counties; and by the Sedition Act. These I find amount in this State to 240 suits.
In Kentucky, non-resident land claimants have gone into the Federal court from a temporary convenience; because, until within a year or two past, there existed no court of general jurisdiction co-extensive with the whole State. I find too, that of the six hundred and odd suits which have been commenced there, 196 of them have been prosecutions under the laws of the United States.
In most of the States there have been prosecutions under the Sedition Act. This source of litigation is I trust for ever dried up.—And lastly, in all the States a number of suits have arisen under the Excise law; which source of controversy, will, I hope, before this session terminates, be also dried up.
But this same document discloses another important fact; which is, that nevertheless all these untoward and temporary sources of federal adjudication, the suits in those courts are decreasing; for, from the dockets exhibited (excepting Kentucky, and Tennessee, whose suits are summed up in the aggregate) it appears, that in 1799 there were 1274; and in 1800 there were 687 suits commenced; showing a decrease of 587 suits.
Could it be necessary then to increase courts when suits were decreasing? Could it be necessary to multiply judges, when their duties were diminishing? And will I not be justified therefore in affirming, that the law was unnecessary, & that Congress acted under a mistaken impression, when they multiplied courts and judges at a time when litigation was actually decreasing.
But, Sir, the decrease of business goes a small way in fixing my opinion on this subject. I am inclined to think, that so far from there having been a necessity at this time for an increase of courts and judges; that the time never will arrive, when America will stand in need of 33 federal judges. Look, Sir, at your Constitution, and see the judicial power there consigned to federal courts, and seriously ask yourself, can there be fairly extracted from those powers subjects of litigation sufficient for 6 supreme and 32 inferior court judges?—To me it appears impossible.
The judicial powers given to the federal courts were never intended by the Constitution to embrace, exclusively, subjects of litigation, which could with propriety be left with the State courts. Their jurisdiction was intended principally to extend to great national and foreign concerns. Except cases arising under the laws of the United States, I do not at present recollect, but three or four kinds in which their power extends to subjects of litigation in which private persons only are concerned. And can it be possible, that with a jurisdiction embracing
so small a portion of private litigation, in great part of which the State courts might, and ought to participate, that we can stand in need of 33 judges; and expend in judiciary regulations the annual sum of 137,200 dollars?
No other country, whose regulations I have any knowledge of, furnishes an example of a system so prodigal and extensive. In England, whose courts are the boast, and said to be the security of the rights of the nation, every man knows, there are but 12 judges and 3 principal courts. These courts embrace in their original or appellate jurisdiction almost the whole circle of human concerns.
The King's bench and Common Pleas, which consist of 4 judges each, entertain all the common-law suits of 40s. and upwards, originating among 9 millions of the most commercial people in the world. They moreover revise the proceedings of not only all the petty courts of record in the kingdom, even down to the courts of Pie-poudre; but also of the court of king's bench in Ireland; and these supreme courts, after centuries of experiment, are found to be fully competent to all the business of the kingdom.
I will now inquire into the power of Congress, to put down these additional courts and judges.
18. As to the Courts.—Congress are empowered by the Constitution "from time to time, to ordain and establish inferior courts." The act now under consideration, is a legislative construction of this clause in the Constitution, that Congress may abolish as well as create these judicial officers; because, it does expressly in the 27th section of the act, abolish the then existing inferior courts, for the purpose of making way for the present. This construction I contend is correct; but it is equally pertinent to my object, whether it be, or be not. If it be correct, then the present inferior courts may be abolished as constitutionally as the last; if it be not; then the law for abolishing the former courts, and establishing the present, was unconstitutional and consequently repelable.
But independent of this legislative construction on which I do not found my opinion, nor mean to rely my argument, there is little doubt indeed, in my mind, as to the power of Congress on this law. The 11th section of the 3d art. vests the judicial power of the United States in one supreme court and such inferior courts as Congress may from time to time, ordain and establish. By this clause Congress may from time to time establish inferior courts; but it is clearly a discretionary power, and they may not establish them. The language of the Constitution is very different when regulations are not left discretionary. For example—"The trial, says the Constitution, of all crimes (except in cases of impeachment) shall be by jury: Representatives and direct taxes shall be applied according to numbers. All revenue bills shall originate in the House of Representatives, &c." It would therefore in my view be a perversion not only of language, but of intellect, to say, that also Congress may from time to time establish inferior courts, yet when established, that they shall not be abolished by a subsequent Congress possessing equal powers. It would be a paradox in legislation.
2d. As to the Judges.—The judiciary department is so constructed as to be sufficiently secured against the improper influence of either the executive or legislative departments. The courts are organized and established by the legislature, and the executive creates the judges. Being thus organized, the constitution affords the proper checks to secure their honesty and independence in office. It declares they shall not be removed from office during good behavior; nor their salaries diminished during their continuance in office. From this it results, that a judge after his appointment, is totally out of the power of the President, and his salary secured against legislative diminution, during his continuance in office. The first of these checks, which protects a judge in his office during good behavior, applies to the President only, who would otherwise have possessed the power of removing him like all other officers at pleasure; and the other check forbidding a diminution of their salaries, applies to the legislature only. They are two separate and distinct checks, furnished by the Constitution against two distinct departments of the government; and they are the only ones which are or ought to have been furnished on the subject.
But because the constitution declares that a judge shall hold his office during good behavior, can it be tortured to mean, that he shall hold his office after it is abolished? Can it mean, that his tenure should be limited by behaving well in an office, which did not exist? Can it mean that an office may exist although its duties are extinct? Can it mean, in short, that the shadow, to wit, the judge, can remain, when the substance, to wit, the office, is removed? It must have intended all these absurdities, or it must admit a construction which will avoid them.
That construction obviously is, that a judge should hold an existing office, so long as he did his duty in that office; and not that he should hold an office that did not exist, and perform

duties not provided by law. Had the construction which I contended against been contemplated by those who framed the Constitution, it would have been necessary to have declared explicitly, that judges should hold their offices and salaries during good behavior.
Such a construction is not only irreconcilable with reason and propriety, but is repugnant to the principles of the constitution. It is a principle of our constitution, as well as of common honesty, that no man shall receive public money, but in consideration of public services. Since our offices are not permitted by our laws or constitution. By this construction, complete sinecure offices will be treated; hosts of constitutional pensioners will be settled on us, and we cannot calculate how long. This is really creating a new species of public debt; not like any other of our debts, we cannot discharge the principal at any fixed time. It is worse than the deferred stock; for on that you pay an annual interest only, and the principal is redeemable at a given period. But here, you pay an annual principal, and that principal irredeemable except by the will of Providence. It may suit countries where public debts are considered as public blessings; for in this way a people might soon become superlatively blessed indeed.
Let me not be told, Sir, that the salaries in the present case, are inconsiderable and ought not to be withheld; and that the doctrine is not a dangerous one. I answer, it is the principle I contend against; and if it is heterodox for one dollar, it is equally so for a million. But I contend the principle, if once admitted, may be extended to destructive lengths. Suppose it should hereafter happen, that those in power should combine to provide handsomely for their friends, could any way so plain, easy and effectual present itself, as by creating courts, and filling them with those friends? Might not 60 as well as 16, with salaries of twenty thousand, instead of two thousand dollars, be provided for in this way?
The thing I trust will not happen. It is presuming a high degree of corruption; but it might happen under the construction contended for; as the construction presumes corruption may happen in any department of the government, by the checks it has furnished against it; and as this construction does open a wide door for corruption, it is but fair reasoning to show the dangers which may grow out of it; for in the construction of all instruments, that which will lead to inconvenience, mischief or absurdity ought to be avoided. This doctrine has another difficulty to reconcile:—After the law is repealed, they are either judges or they are not. If they are judges, they can be impeached; but for what? For malfeasance in office only? How, I would ask, can they be impeached for malfeasance in office, when their offices are abolished? They are not officers, but still they are entitled to the emoluments annexed to an office. Although they are judges, they cannot be guilty of malfeasance, because they have no office. They are only quasi judges so far as regards the duties, but real judges so far as regards the salary. It must be the salary then, and not the duties which constitute a judge.—For my part, I do not know under what class of things to range them, or what name to give them. They are unacknowledged by the letter, spirit or genius of our Constitution, and are to me non-descripts.
There is another difficulty under this construction still to encounter, and which also grows out of the Constitution.—By the constitution, a new State may be formed by the junction of two or more States, with their assent and that of Congress. If this doctrine, once a judge and always a judge be correct, what would you do in such an event, with the district judges of the States who formed that junction? Both would be unnecessary, and you would have in a single State, two judges of equal and concurrent jurisdiction; or one a real judge with an office, and another a quasi judge without an office. The States also forming such junction, would be equally embarrassed with their State judges; for the same construction would be equally applicable to them.
Upon this construction also, an infallibility is predicated, which it would be arrogance in any human institution to assume, and which goes to cut up legislation by the roots. We should be debased from that, which is indulged to us from a higher source, and on subjects of higher concern than legislation; I mean a retraction from, and correction of our errors. On all other subjects of legislation we are allowed, it seems, to change our minds, except on judicial subjects, which of all others is the most complex and difficult. I appeal to our own statute book to prove this difficulty; for in 10 years Congress have passed no less than 26 laws on this subject.
I conceive Sir, that the tenure by which a judge holds his office, is evidently bottomed on the idea of securing his honesty and independence, whilst exercising his office. The idea was introduced in England, to counteract the influence of the crown over the judges; but if the construction now contended for shall prevail, we shall in one mistaken imitation of this our favorite prototype, outstrip them, by establishing, what they have not, a judicium regis; for there, their judges are removable by a joint vote of Lords and Commons—Here, ours are not removable, except for malfeasance in office; which malfeasance could not be committed, as they would have no office.
Upon the whole, Sir, as all courts under any free government must be created with an eye to the administration of justice only; and not with any regard to the advancement or emolument of individual men; as we have undeniable evidence before us, that the creation of the courts now under consideration was totally unnecessary; and as no government can, I apprehend, seriously deny that this legislature has a right to repeal a law enacted by a preceding one; we will, in any event, discharge our duty by repealing this law; and thereby doing all in
our power to correct the evil. If the judges are entitled to their salaries, under the Constitution, our repeal will not affect them; and they will no doubt resort to their proper remedy: For where there is a constitutional right, there must be a remedy.
After Mr. Breckenridge closed his remarks there was a considerable pause, when the President again read the resolution, and enquired if the house was ready for the question.
Mr. Olcott, of New-Hampshire, thought the subject was of so much importance as to merit further consideration. The arguments of the gentleman from Kentucky, however ingenious, had not convinced him that the law ought to be repealed. It had not risen like a mushroom in the night, but the principles on which it rested had been settled after mature reflection. He thought it would be extraordinary, before any inconvenience had been discovered, to set such a law aside. For these reasons Mr. O. moved the postponement of the consideration of the question.
Mr. Cooke of Tennessee. This act is said to be entirely experimental, and it is further said, that no inconveniences had arisen under it. He thought serious inconveniences had arisen. The inconveniences of paying 137,000 dollars a year was truly serious; and it was an inconvenience which ought to be got rid of as soon as possible. It was expected that gentlemen opposed to the resolution would come forward with their arguments against it. If, however, they had no arguments to use, he thought his friend from Kentucky had brought forward reasons so cogent and experimental that the House must be convinced of the propriety of the repeal.
Mr. Dayton, of New-Jersey, trusted it was not the disposition of the mover to press a decision to-day. He thought it would be improper to postpone the discussion, as gentlemen would thereby be precluded from offering their opinions on the subject. He hoped the motion for postponement would be withdrawn, that other gentlemen might have an opportunity to speak. Motion withdrawn. [Debate to be Continued.]
ADDRESS TO THE PRESIDENT.
The Address of the Danbury Baptist Association, in the State of Connecticut; assembled October the 7th 1801, to THOMAS JEFFERSON, Esq. President of the United States of America.
SIR, AMONG the many millions in America and Europe, who rejoice in your election to office; we embrace the first opportunity which we have enjoyed, in our collective capacity, since your inauguration, to express our great satisfaction in your appointment to the Chief Magistracy of the United States: And though our mode of expression may be less courtly and pompous, than what many others clothe their addresses with, we beg you, Sir, to believe that none are more sincere.
Our sentiments are uniformly on the side of religious liberty—That religion is at all times and places a matter between God and individuals—That no man ought to suffer in name, person or effects, on account of his religious opinions—That the legitimate power of civil government extends no further than to punish the man who works ill to his neighbor. But, Sir, our Constitution of government is not specific. Our ancient charter, together with the laws made under it, were adopted, as the basis of our government, at the time of our revolution; and such had been our laws, and usages, and such still are, that religion is considered as the first object of legislation: And therefore, what religious privileges we enjoy (as a minor part of the State) we enjoy as favors granted, and not as inalienable rights; and these favors we receive at the expence of such degrading acknowledgments, as are inconsistent with the rights of freemen. It is not to be wondered at, therefore, if these men, who seek after power and gain, under the pretence of government and religion, should reproach their fellow-men—should reproach their Chief Magistrate, as an enemy of religion, law and good order, because he will not—does not assume the prerogatives of JEHOVAH and make laws to govern the kingdom of Christ.
Sir, we are sensible that the President of the United States, is not the national legislature; and also sensible that the national government cannot destroy the laws of each State; but our hopes are strong, that the sentiments of our beloved President which have had such genial effect already, like the radiant beams of the sun, will shine and prevail through all these States and all the world, till Hierarchy and tyranny be destroyed from the earth. Sir, when we reflect on your past services and see a glow of philanthropy and good will, shining forth in a course of more than thirty years; we have reason to believe, that America's God has raised you up to fill the chair of state, out of that good will which he bears to the many millions which you preside over. May God strengthen you for the arduous task, which Providence and the voice of the people have called you to sustain; and support you in your administration against all the predetermined opposition of those who wish to rise to wealth and importance, on the poverty and subjection of the people. And may the Lord preserve you safe from every evil, and bring you at last to his heavenly kingdom, thro' Jesus Christ our glorious Mediator.
Signed in behalf of the Association, NEHEMIAH DODGE, EPHRAIM ROBBINS, STEPHEN S. NELSON. Committee.
PRESIDENT'S REPLY.
To Messrs. Nehemiah Dodge, Ephraim Robbins, Stephen S. Nelson, a Committee of the Danbury Baptist Association in the State of Connecticut.
GENTLEMEN, THE affectionate sentiments of esteem and approbation which you are so good as to express towards me, on behalf of the Danbury Baptist Association, give me the highest satisfaction; my
duties dictate a faithful and zealous pursuit of the interests of my constituents, and in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more and more pleasing.
Believing with you, that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof;" thus building a wall of separation between Church and State. Adhering to this expression of the supreme will of the nation, in behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights in opposition to his social duties.
I reciprocate your kind prayers for the protection and blessing of the common father and creator of man, and tender you, for yourselves and your religious Association, assurances of my high respect and esteem.
THOMAS JEFFERSON.
Jan. 1, 1802.
State of Rhode-Island.
THE Creditors of Levi Barlow, of New-Port, Mariner, are hereby notified to appear at the General Assembly of the State aforesaid, on the last Monday of February next, then and there to shew cause (if any they have) why the prayer of his petition for the benefit of an Act passed at June session, A. D. 1756, for the relief of insolvent debtors, ought not to be granted. By order.
B. HAZARD, Dep. Sec'y.
January 27, 1802.
Bristol Church Lottery,
SECOND CLASS.
The following Numbers, are Prizes of Five Dollars each, and are entitled to Two undrawn Tickets.
 1 216 381 540 788 1003 1212  6 18 2 7 93 15 14  8 19 3 50 9 22 18  10 21 4 5 800 4 25  11 22 5 9 1 5 6  12 31 6 60 4 31 9  16 32 9 2 5 3 30  20 5 92 5 6 4 1  21 6 5 6 7 7 4  22 41 7 78 11 8 6  25 2 403 9 13 41 8  26 4 4 85 14 2 9  28 5 5 7 15 5 42  29 7 6 97 19 6 3  30 8 7 601 22 51 5  33 9 9 2 5 6 6  39 50 10 8 30 9 7  43 2 12 11 2 61 50  44 4 15 12 4 3 2  47 8 20 14 5 6 5  51 61 4 15 6 70 7  62 2 5 16 7 4 67  64 5 6 19 8 82 8  67 7 8 28 41 3 9  71 75 30 34 5 4 83  76 8 1 5 6 6 5  78 80 5 6 56 8 9  79 4 6 8 62 9 92  83 91 40 44 9 90 4  84 3 3 55 70 4 1300  85 4 4 62 3 5 5  86 6 6 5 85 7 6  88 9 8 9 8 8 7  89 300 52 75 92 9 11  92 6 4 9 6 1102 12  95 11 5 80 8 4 17  96 12 6 1 900 8 19  97 14 60 2 3 16 22  98 17 2 4 8 20 3  99 20 4 99 9 5 5  100 1 6 700 13 7 8  4 6 73 1 15 32 9  9 8 4 2 17 3 35  13 30 80 4 18 9 7  15 4 2 10 22 41 9  18 6 4 11 31 7 41  30 7 8 13 4 8 4  3 42 9 15 9 9 6  50 4 92 24 46 51 8  63 5 3 6 51 6 9  70 6 5 7 2 63 53  2 7 6 9 3 8 6  4 54 501 31 9 9 9  6 6 7 3 62 73 61  81 60 14 5 5 7 2  3 5 15 6 8 82 6  4 6 16 40 70 3 9  5 7 17 1 3 5 73  8 8 19 3 81 8 5  9 9 21 50 9 9 6  92 70 5 7 94 92 8  5 2 3 64 7 9 9  204 5 31 5 9 1200 80  8 6 2 8 1000 1 3  12 8 7 74 1 10 4  15 9 9 84 2 11 9 
 1393 1636 1955 2296 2563 2764  5 7 9 2301 5 6  6 9 69 2 7 8  8 42 76 3 9 73  1400 3 80 5 70 4  1 5 4 7 1 5  2 50 6 9 2 6  4 4 92 10 3 83  8 61 7 11 4 8  9 5 9 12 6 93  11 71 2004 18 80 7  12 3 12 19 1 2806  18 7 13 21 2 8  19 9 15 2 4 10  20 80 16 7 6 11  3 91 22 31 8 14  9 3 9 4 9 18  30 7 31 8 90 20  2 1702 4 42 7 2  5 4 8 5 8 4  6 6 41 8 9 6  9 11 4 9 2600 7  40 15 5 53 2 30  2 17 6 5 3 4  5 25 7 6 4 9  53 8 61 7 5 40  5 36 7 60 10 2  8 40 8 6 12 3  9 3 70 72 13 6  62 6 9 7 15 8  4 50 82 8 16 9  7 2 93 82 17 52  8 8 2107 91 18 4  9 60 11 2 19 5  70 7 12 6 22 63  1 72 22 7 3 4  3 5 4 9 7 6  5 80 5 2401 31 7  8 7 7 5 2 9  80 8 9 21 3 70  3 9 31 2 4 5  9 91 3 4 5 9  90 3 4 5 6 87  2 7 9 30 8 8  3 9 45 2 40 93  7 1801 51 3 3 8  8 5 5 9 4 2901  1500 6 6 42 5 2  3 7 8 3 6 4  6 13 64 5 8 7  8 16 83 7 9 13  9 19 5 8 53 21  14 20 6 56 8 3  15 1 90 7 9 31  18 2 1 63 62 5  20 4 6 8 5 9  2 7 2201 9 4 43  3 32 7 72 5 6  4 3 13 7 6 51  8 41 14 80 7 4  32 2 15 4 8 5  3 5 20 7 75 7  4 55 1 8 6 62  6 60 4 9 81 5  8 5 9 90 5 70  9 6 30 2 6 2  42 7 4 3 8 9  5 8 7 4 9 84  8 73 9 8 90 5  51 84 40 2513 2 9  7 92 1 15 4 96  65 3 5 17 6 7  70 4 6 18 8 9  1 5 8 25 9 3002  2 9 9 6 2701 5  9 1904 50 30 6 7  83 7 2 1

Congress of the United States.
HOUSE OF REPRESENTATIVES.
January 11.
Dr. Mitchel presented a petition relative to the re-exportation of goods to the provinces adjoining the United States.
A report was presented from the committee to whom was referred the letter of Samuel Dexter, late Secretary at war, relative to a suit instituted by Joseph Hodgson, to recover the value of the goods which was reated for the use of the war office, and consumed by fire.
The report stated that as Mr. Dexter had leased the house for public use he ought not to be subjected to the expense of the suit; but as the defence could be better conducted by Mr. D. than any other person, it concluded with offering a resolution to the following effect:—
Resolved, That the accounting officer of the treasury be authorised to pass Mr. Dexter's accounts for expenses already incurred or that may occur in defending the suits instituted by Joseph Hodgson against him, and that the same be paid at the treasury. The resolution was agreed to and a committee of five appointed to bring in a bill.
Mr. Nicholson presented a petition of Thomas Bruff, stating that he had discovered the principles of perpetual motion, or a machine to perform continual revolutions. The discovery was made in 1790, and fearing to confide it to any workmen, he had employed his leisure time in perfecting himself in the workmanship necessary for its construction, but it requires so much accuracy of workmanship that he needed assistance. He would not have thought of applying to Congress had not an application on the same subject been made. He thought a more recent discoverer ought not to supplant him.
Mr. Nicholson moved to refer to the committee appointed on the petition of Louis du Pre on the same subject.
Mr. Lowndes opposed the reference and said, he had intended to move for that committee to be discharged as they found themselves incompetent to decide on the subject. The petition was however referred to that committee.
Mr. Bayard offered the following resolution:—
Resolved, That the committee of ways and means be instructed to enquire into the expediency of reducing the duty on salt.
The resolution was permitted to lie on the table.
Mr. Thompson offered a resolution as follows:—
Resolved, That the Secretary at war be directed to report to this House the lands in the different states held by the United States for military purposes, and his opinion of the propriety of selling or retaining said lands or any part of them. Ordered to be printed.
A Message was received from the President, covering sundry statements from the commissioners of Washington, respecting the public lots, houses, &c.
Referred to a committee of five and ordered to be printed.
Mr. Varnum from the committee appointed to fix the military peace establishment of the United States reported a bill which was twice read, referred to the committee of the whole, made the order for Thursday, and ordered to be printed.
Dr. Eustis moved to go into committee on the bill for the protection of our commerce in the Mediterranean.
Dr. Eustis stated the view the select committee had taken of the subject. They had considered the vessels now in that sea as sufficient to protect our trade. The object of the bill was to authorise offensive measures against Tripoli, and commodore Dale would be under the necessity of returning in the spring, as the time for which his men had engaged to serve would then expire, some of the other vessels might also be obliged to return on account of sickness on board. The men had been sickly on that station. The committee thought it expedient that the President should be allowed to send out any of our vessels. Some of those laid up might be sent to sea at a less expense than some of those now in service. If this should be found to be the case, the President might do it. Thus four vessels could be kept constantly there, which would be sufficient to impress those powers with sentiments of respect towards the United States.
The Dey of Algiers had been solicited by the Bey of Tripoli to make a common cause with him and relieve him from blockade, and had perhaps been kept from it only by the seasonable arrival of Commodore Dale.
The Dey of Algiers had acted in an unjustifiable manner in fixing at 20,000, the price of certain naval stores which cost 81,000 dollars.
The United States had been from necessity compelled, to take their present attitude in respect to the Barbary powers. If they had not it is highly probable more than 200 of her citizens would have been enslaved, and putting humanity out of the question, the ransom of that number would have cost nearly as much as the expense we have incurred.
The bill authorises the President to commission privateers and grant letters of marque and reprisal under the usual restrictions.
The committee rose and had leave to sit again.
January 12.
A message was received from the President, enclosing a statement from the Secretary of State, of the expenses that would be necessary in carrying into effect the treaty with France amounting in the whole to 350,000 dollars.
Referred to the committee of ways and means and ordered to be printed.
January 13.
Mr. Randolph from the Committee of Ways and Means, reported a bill to amend an act entitled, "An act to lay and collect a direct tax."
Referred to a Committee of the whole on Friday.
January 14.
Mr. Randolph from the Committee of Ways and Means, reported a bill to prevent intrusion on the public lands, and for other purposes, which was read twice, and referred to a Committee of the whole on Monday next.
Mr. Randolph, from the Committee of Ways and Means, reported a bill making appropriations for the support of government for the year 1802; which was read twice, and referred to a Committee of the whole on the 1st Monday of February.
John Dawson from Virginia, appeared, and took his seat.
January 15.
Mr. Dawson observed that since he had taken his seat in the House yesterday, he had understood that some opinions had been expressed that there was a constitutional incompatibility between that seat and the appointment which he lately received from the Executive.—However he might be flattered by that appointment, he was far from wishing in the least degree to infringe that Constitution, on the observance of which depended all our happiness. He hoped, therefore, that if there existed any objection, it would be now offered, that he might know the ground on which he stood.
The following proposals of amendments to the Federal Constitution, are now before the Legislature of the State of Virginia.
WHEREAS there are defects in the Constitution of the United States, which from their operation as heretofore experienced, have excited well founded fears in the people and the states individually, that certain principles under the influence of the defects alluded to were rapidly progressing, which were destructive of the liberty and happiness of our fellow-citizens at large; and believing as we do, that a corrupt administration will at all times have it in their power to give that direction which will most probably fix upon the People a system of real oppression—in order effectually to quiet those fears, and to prune the Constitution of its exuberances which may ultimately lead to the establishment of an aristocracy or monarchy; these considerations induce the Legislature of Virginia, to suggest to her sister states, the propriety and necessity of amending the Federal compact in such a way as to secure the inalienable rights which ought to attach to a Republican form of Government. They think the present the most proper time to commence this highly important work, whilst they have fresh in their recollection the extreme danger from which they have emerged; and it is further their opinion, if these defects should not be now corrected, that the mildness of the present administration will be such as to lull the people into a state of security, which will render any efforts of this kind fruitless and abortive, and that no future attempt can succeed until the people are forced into it by the hand of oppression. They therefore take liberty to propose the following amendments to the Constitution aforesaid.
First—That from and after the next Presidential election, the President of the United States shall not be permitted to serve for a longer period than four years successively, and that he shall be ineligible until one complete term shall have intervened.
Secondly—That the Senators of the United States shall in future be elected for three instead of six years, and that they shall be classed as heretofore, so that one third may go out of office every year.
Thirdly—That the Treaty making power shall be so construed, as to give to the House of Representatives of the United States a complete controul over all Treaties, whenever their agency shall be required to carry such Treaty into effect; and that all such Treaties are to be considered as not ratified or binding upon the government, until the sanction of the House of Representatives shall have been obtained.
Fourthly—That in all future elections of President and Vice-President of the United States, the characters voted for shall be particularly designated, by declaring which is voted for as President, and which as Vice-President.
The Executive of this State is hereby directed without delay, to transmit the foregoing amendments to the different state Legislatures throughout the union, and to invite their cordial co-operation.
WASHINGTON, Jan. 18.
The Senate have confirmed the greater part of the appointments made by the President during the recess; the remaining appointments are still under consideration.
On confirming the nomination of Mr. Gallatin, as Secretary of the Treasury, on a division, eight members kept their seats.
There was also a division on the nomination of Mr. Pinckney, as minister to Madrid.
The Secretary of State has received a letter from the Consul at Havana which contains advice of the ports of Cuba being closed by proclamation on the 25th December last, to all American and other foreign vessels.
PHILADELPHIA, Jan. 18.
(CIRCULAR)
AMERICAN CONSULATE.
HAVANA, Dec. 25, 1801.
Sir, BY an Order of the Government of this Island, published this day, the admission of American, and all foreign vessels, into any of its ports, is prohibited from this date.
You will be pleased, Sir, to give immediate publicity to this information, for the government of merchants and traders of your district.
I remain, Sir, with respect,
Your most obedient servant.
JOHN MORTON.
The Collector of the Port of Philadelphia.
P. S.—Dec. 31st. Since the foregoing, and from representations made by myself and the merchants of the place, the subject of admitting for a time those of our vessels which would be dispatched from the United States before this intelligence could be fully known, has been taken up by the government, and I have no doubt but that relief in the above case (particularly if with provisions) will be extended by a partial or total permission to dispose of their cargoes.
JOHN MORTON.
NEWPORT, Saturday, Jan. 30, 1802.
From Washington, Jan. 19.
Mr. BRECKENRIDGE's Resolution, (for repealing the Judiciary Act, passed last Session of Congress) was carried in Senate this day, 15 to 13.
On the 20th inst. was drowned, in the river below Bristol Ferry, EZRA DICKERSON, son of Capt. Charles Dickerson, of Prudence, in the 14th year of his age. He was unfortunately knocked overboard by the boom of the vessel, and the most active exertions to save his life, proved fruitless.
About 2 o'clock in the morning of Tuesday last, the large two story Dwelling-House of Mr. Aaron Bearn, inn-keeper at Bristol, was discovered to be on fire, which first made its appearance through the roof; but the utmost exertions of the citizens were in vain. It was very soon reduced to ashes. Several articles of furniture, bedding, &c. were, however, preserved. The Ladies of Bristol, it is said (and much to their honor) formed a line to the water, and returned the empty buckets. It is not ascertained in what manner the fire was communicated.
The officers of the frigates Chesapeake, (Com. Truxton) Constellation and Adams, are ordered to repair immediately to the city of Washington, and to hold themselves in readiness to sail upon an expedition, it is presumed for the Mediterranean. True Amer.
At the Supreme Court in Windham in Connecticut a woman has been convicted of setting fire to the Baptist Meeting-house in Ashford.
RUMOUR
States this morning, that Commodore Dale has been captured by a number of Tripolitan galleys, who boarded him in a calm, as he lay off their port. This account comes by the Norfolk packet, arrived this morning, the passengers of which received it from a vessel which went into Hampton-Road as they came out. A circumstance so improbable should have "confirmation strong" before credit be placed in it. Baltimore Paper.
MARRIED.—At Rehoboth, Deacon WILLIAM TILLEY, of this town, to Mrs. CATHARINE SABINS, widow of the late Mr. Sabins.
At Middletown, by the Rev. Mr. Eddy, Mr. SAMUEL CLARKE, to Miss VERTUE PECKHAM, both of Middletown.
In this town, Mr. SPOONER CLARK, jun. to Miss NEFFY ALBRO, youngest daughter of the late Mr. Clarke Albro.
Mr. JOHN CUNDALL, of Portsmouth, to Miss FANNY WALLACE, daughter of Capt. James Wallace, of this town.
DIED.—"On the 8th day of October last, on board the United States' Frigate Essex, commanded by Capt. Bainbridge, now on a cruise in the Mediterranean Seas, Lieut. GEORGE WASHINGTON TEW, eldest Son of Col. William Tew, of this town, in the 26th year of his Age.—By the early death of this young Man, who, with a good share of understanding, possessed a generous, noble disposition, and a character untainted by the too frequent extravagancies of youth, his country has lost a capable, deserving, and spirited officer—his native town a valuable member, who promised fair to become an ornament to society—and his bereaved and afflicted Parents, Relatives and Friends, all that their warmest affection could wish from a continuance of life, all that expectation could grant."
In this town, Mrs. ELIZABETH CHILD, widow of the late Mr. Jeremiah Child, aged eighty five years.
BENJAMIN WAITE CASE,
PHYSICIAN,
HAS the pleasure of presenting to the Public, three additional proofs of the security of the KINE-POX against the Small-Pox:—Mr. Henry Tew, son of Capt. Henry Tew; Miss Polly Woodman, and Miss Sally Goodson, who had been, at different periods, his patients in the KINE-POX; the latter, more than fourteen months past—were, by permission of the Honorable Town-Council of Newport, at his request, on the 13th of January 1802, admitted into the Hospital on Coaster's Harbour, and there inoculated several times, by the Doctors who attend there, with matter fresh from persons then under full eruptions of the Small-Pox, and exposed to its contagion in various ways, without the least symptom of the disease, except slight inflammations at the punctures, which subsided in a few days.
At the same time, six others who had been vaccinated, were admitted into that hospital, and exhibited the same proofs of the efficacy of the KINE-POX, in preventing the Small-Pox. Newport, Jan. 30, 1802. 18tf
50 Firkins of the best of Hog's LARD for sale by JOSEPH BRIGGS. Jan. 29.
"NUMA," on the formation of a MILITARY SCHOOL, in the United States, is unavoidably deferred till our next paper.
The Communication upon the subject of the late town meeting in Portsmouth, which, in our last, we made mention of as being deferred—upon mature consideration, we think contains rather too many pointed reflections, and too much severity. Wishing, as we do, to heal the wounds, which the ravings of party have inflicted, rather than to open, and make them bleed afresh, it is thought best to omit them altogether, trusting that the transaction to which they allude, is already fully understood by the Public. And that if the quietude of the town of Portsmouth has, by the clandestine manoeuvres of a few political desperadoes, been culpably interrupted; if the rights of its orderly citizens have been assassinated in disguise, it is not well to discover symptoms of irritation: it were better, when the matter is understood, to rest a peaceable dependence upon the PUBLIC SENSE OF RECTITUDE, AND JUSTICE.
REAL Port Wine, in quarter and half quarter Casks. Malaga ditto ditto. 30 Casks Raisins. 40 Boxes Muscatel ditto. 10 ditto Jordan shelled Almonds. 20 Jars Malaga Grapes. Turkey Figs of the nicest quality. Malaga ditto in frails. 10 Cases Creme de Noyau Cordial. 1 Butt Currants. Prime Nutmegs—Mace—Cloves—Cassia—Cinnamon. Madeira Citron. India Preserves in Jars, viz. Ginger—Citron—Lemon and Lime. The above Articles are of the latest Importation, —A L S O—
A few Puncheons Antigua Rum, Black Pepper in bags. Belt green Coffee ditto. Kegs of English Mustard. Salt-Petre by the cwt. Wrapping Paper per ream. Spanish Flote—French & Carolina Indigo, &c.
For Sale, by HAZARD & GARDNER. Newport, Jan. 29, 1802. 18tf
FOR SALE,
BY the Subscriber, Twelve Yoke of Working OXEN, also, one Yoke of Fat OXEN; twenty-five COWS, 150 SHEEP, and several head of Young CATTLE. The above Stock will be sold separate, or together, as purchasers may apply.
Likewise, for Sale,
Several Hundred Bushels of excellent Potatoes, together with Farming utensils, such as Carts, Ploughs, &c. &c.
SAMUEL PEARCE.
On the Island of Prudence, Jan. 29, 1802.
To be Sold, a Valuable FARM,
SITUATED in Exeter, on the ten rod road, fifteen miles from Wickford landing, containing six hundred acres of good meadow and tillage land, well wooded & watered, with a large Dwelling-House, three large Barns, a Corn Crib, Work & Tool-House, Cooper's Shop, Merchant's Store, a Saw-Mill and Grist-Mill, Flax-Mill, &c. with a never failing stream of water; also a Blacksmith's Shop, and a large Tan Yard, in good repair. The whole will be sold together, or separate, as may best suit purchasers. A Public House has kept on this stand for about 20 years successively. For further particulars, enquire of JOB WILLCOX, on the premises, or SOLOMON LITTLEFIELD, of Newport, Exeter, Jan. 26, 1802. 18tf
To be Sold, A FARM,
CONTAINING about Two Hundred acres of excellent land, well wooded & watered, suitable for Plowing, Pasturing, and Mowing, with a good Orchard that will make sixty or seventy barrels of Cider in a bearing year; Also, a convenient Dwelling-House, Two Barns, Corn-House, Cheefe House, Blacksmith's Shop, &c. thereon. For Terms, apply to SAMUEL LEWIS, on the premises.
N. B. Said FARM is situated about fifteen miles west from Wickford, and one mile from the Ten Rod Road; and there is also a public road leading through said Farm. Exeter, Jan. 29, 1802. 18tf
STRAY HORSE.
CAME into the inclosure of the Subscriber, a few days since, a dark bay Horse, with a star in his forehead; trots and paces, and is shod before. The owner is desired to prove property, pay charges, and take him away.
WM. & MANLY BATMAN.
Newport (Brenton's Neck) Jan. 25, 1802.
WHEREAS Silence Slocum, of Newport, in the county of Newport, wife of James Slocum, of the said Newport, mariner, did, on the twenty-ninth day of January, A. D. 1802, lodge her Petition in the Clerk's office of the Supreme Judicial Court, for the county aforesaid, praying for divers causes therein set forth, that the bond of marriage, between her and her said husband, may be dissolved, and a decree of divorce from the bond aforesaid promulgated:—This is to give notice to the said James Slocum, and to all other persons concerned, to appear at the next Supreme Judicial Court, to be holden at Newport, within and for said county, on the first Monday of March next, and show cause, why the prayer of said petition should not be granted.
Witness, B. HAZARD, Clerk. Newport, January 29, 1802. 18tf