The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-02-18 00:00:00

The National Intelligencer,
AND WASHINGTON ADVERTISER.
VOL. I. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, NEW-JERSEY AVENUE, NEAR THE CAPITOL. No. XLVII.
FIVE DOLLS. PER ANN.
WEDNESDAY, FEBRUARY 18th, 1801.
PAID IN ADVANCE.
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 proceeding, 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.
Section 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, 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.
Section 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.
Section 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 state 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 the state of New-Jersey, and to be called the district of Jersey; one to consist of that part of the state of Pennsylvania which lies east of the river Susquehanna, 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 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, and to be called the district of Ohio.
Section 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, 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.
Section 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.
Section 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 respectively, and in the sixth circuit, by a circuit judge, and the judges of the district courts of Kentucky and Tennessee; 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 Wilscasset on the twenty-second day of September: the circuit court of the second circuit, at New-Haven on the fifteenth day of April; and 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-fifth 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 day of 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.
Section 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. Section 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 said 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.
Section 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.
Section 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 seas; 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 exclusively 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 in 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 land 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.
Section 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 .
Section 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 cases 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 where, in 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 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 case.
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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 processes 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 processes, 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 processes 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 returned to the circuit courts hereby established, and shall be there proceeded in, 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 gaol, 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 arising 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, in all things, faithfully and impartially discharge and perform all the duties incumbent on me as a judge of the United States, 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, deposition, and all other proceedings of what kind soever in the cause, shall be transmitted
to the said supreme 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 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; whereat 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 courts 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 holden 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 attorney 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
holden. 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 quarterly 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.
ADLINGTON & FOWNE'S, GROCERY & DRY GOOD STORE.
JUST arrived, and now open for Sale, on New Jersey Avenue, near the Sugar House a Complete assortment of Dry Goods suitable for the present season—Consisting of the following articles, viz.
 Ladies and Gentlemen's Great Coats,  Ladies and Gentlemen's Hats,  Ladies Callomance & Durant Petticoats,  Silk, cotton, and worsted Stockings,  French Kid Gloves—best quality,  Fashionable Ribbons,  Tambooured and plain Muslin,  6 4 Lapet Muslin,  Dimity's  Muslin Hankerchiefs,  Blankets,  Flannels,  Bed Tickens,  Sewing Silks,  Threads,  Tapes,  And all kinds of Haberdashery,  Sailors Jackets and Trowlers,  Check Cotton, & White Shirts.  With a complete assortment of Shoes and all kinds of Groceries.
Washington, Feb. 13. 1801. 3t.
Robert Greenhow. Merchant in Williamsburg, Virginia.
BEING desirous to withdraw in a great measure from the further pursuit of business, offers for sale the whole of his well known General and Valuable Assortment of Merchandise, amounting probable at their prime cost, to Eight or Ten thousand pounds sterling, of which an idea may be formed by referring to a printed list deposited in this office—Not wishing to divide the Stock applications by letters post paid will be by him received as to the purchase of the whole of it Feb. 2, 1801. tAp
NAILS.
ALL kinds of Hammered and Cut Nails, and Brads. Sold at my store in this place, between the President's house and the Six buildings, at the following prices for Cash only.
   Hammered Nails and Brads.   By cwt or 112 wt by retail under 36.     20dy Nails 12 1-2 d. per lb. 13 1-2 d per lb.   12dy do 13 13 3-4   8 do 13 3-4 14 1-2   6 do 15 15 1-2   Deck and Spike Nails, 11 1-2   Cut Nails and Brads.   20dy Nails 9 1-2 10 1-2   10 do 10 11   8 do 11 12   6 do 12 13   4 do 13 1-2 14   3 do 14 1-2 15  
SAMUEL MINTIRE. Washington, Feb. 6, 1801. tf.
ORIGINAL pamphlet of THOMAS PAINE, printed from a manuscript copy by the Editor of the National Intelligencer.
ENTITLED: COMPACT MARATIME,
 Under the following heads:  I. Dissertation on the Law of Nations.  II. On the Jacobinism of the English at Sea.  III. Compact Maratime for the Protection of Neutral Commerce, and securing the Liberty of the Seas.  IV. Observations on some passages in the Discourse of the Judge of the English Admiralty. 
For sale by the Editor, and by Rapine, & Co. near the Capitol—Price 25 cents. Washington Feb. 16.
BY virtue of a decree of the High Court of Chancery, will be Sold at public auction to the highest bidder on the 10th day of March next, on the premises, Lot No. 1. in square No. 744 in the City of Washington, with the Sugar House and materials, and the other buildings on the said Lot erected.
Such part of the purchase money as shall be sufficient to pay and satisfy the debt, interest and costs due by mortgage from James Pierce to Thomas Law (the amount whereof will be made known on or before the day of Sale) is to be paid down the day of sale, or brought into the Court of Chancery, on the twenty-fifth day of June next, at the option of the purchaser; and for the residue of the purchase money, with interest, the purchaser is to give bond payable on the 20th day of June 1802 and upon the ratification of such sale by the chancellor (which ratification if made at all will be upon the twenty-fifth of June next) and upon payment of the whole of the purchase money (and not before) a title will be made to the purchaser clear of all claim of the said Law and Pierce or either of them.
JAMES D. BARRY, Trustee January 26, 1801. tmio.
FOR SALE. THE Subscriber will sell at private sale, two Three story Brick Houses, adjoining each other, 28 feet front each, by forty feet deep, on Capitol Hill, Lot No. 6. Sq. 66—A fine commodious lot 61 feet front, by 196 feet deep, running back to an alley 30 feet wide, and may be occupied as one or two tenements, they are finished in a plain, but substantial manner, and built on the best materials—a credit of three, six, and nine months, on giving approved notes, negotiable at the bank of Columbia, or Baltimore—apply to Daniel Carroll, or in Baltimore to HENRY H. CARR. LL. Washington, Jan. 5, 1801.
WASHINGTON BOOK-STORE. RAPINE, CONRAD, & Co. Corner of South B. Street and New Jersey Avenue, near the Capitol.
HAVE just received, and for sale at the above store Letters from Alexander Hamilton, concerning the public conduct and character of John Adams, Esq. President of the United States.
Also, just opening, a choice assortment of books in History, Law, Medicine, Divinity, Arts and Sciences, Classics School books, Novels, Romances Biography, &c &c.—With a good assortment of super royal, royal, medium, demy, and foolscap writing paper, thick and thin post, blue & common wrapping paper, best Dutch quills, wafers, sealing wax, ink powder, rect and black ink black lead pencils, parchmen, clay-ing cards, blank books, &c &c. all which they will dispose of at the very lowest prices.
Public officers and others who will please to favour them with their custom, may rely on having the strictest attention paid to their orders. Nov. 17th, 1800.
THIS DAY IS PUBLISHED BY RAPINE CONRAD, & Co. Corner of south B street and New Jersey Avenue near the Capitol. (Price 37 and half cents)
Thoughts on the increasing wealth and national economy of the U. States of America;
With a statistical table for the United States, for a succession of years, compiled chiefly from official documents. Feb. 16. 3t
JOHN HARRISON, BOOT AND SHOEMAKER,
BEGS leave to inform the public that he has removed from Alexandria, to the City of Washington. He has taken a shop on the Pennsylvania Avenue, nearly opposite to the bridge leading down to Greenleaf's Point, where he makes Boots and Shoes at the shortest notice, of the best materials, and according to the latest fashion.
N. B. He has on hand an elegant assortment of English Boots and Shoes, which he will sell for ready money. Washington Feb. 16. 3t
Nail Manufactory,
ALL kinds of Cut Nails for Sale by Wholesale and Retail at the Factory on F Street, and at the Hardware Store of the Subscriber, where persons building and all others wishing to purchase may be supplied with any quantity at the most reasonable rates.
JOHN JACK. tf Washington Feb. 4, 1801.
FOR SALE SEVENTY THOUSAND LATHS,
Enquire at this Office. Washington, Feb. 18, 1801. tmio.
For Sale.
A Small tract of land containing 150 acres more or less. It is on the road to Frederic about five miles from George Town, and is a high and healthy situation. Terms are one third to be paid on possession being given, the remainder in two yearly payments. Enquire of the printer, at the Commissioners Office, City of Washington.
If not sold within a month it will be rented early term. January, 28th, 1801.

WASHINGTON CITY.
WEDNESDAY, FEB. 18, 1801.
ON TUESDAY.
At 12 o'clock the 35th ballot was taken; the result the same with that of the preceding ballots.
At 1 o'clock the 36th ballot was taken, which issued in the election of THOMAS JEFFERSON.
On this ballot there were,
10 States for Mr. Jefferson, viz. Vermont, New York, New-Jersey, Pennsylvania, Maryland, Virginia, North Carolina, Georgia, Kentucky, and Tennessee.
4 States for Mr. Burr, viz. Rhode Island, New Hampshire, Connecticut, and Massachusetts.
2 States voted by blank ballots, viz. Delaware and South Carolina.
In the instance of Vermont, Mr. Morris withdrew.
In that of South Carolina, Mr. Huger, who is understood previously uniformly to have voted for Mr. Jefferson, also withdrew from a spirit of accommodation, which enabled South Carolina to give a blank vote.
And in the instance of Maryland, four votes were for Jefferson and four blank.
The voice of the People has prevailed, and THOMAS JEFFERSON is declared by the Representatives of the People to be duly elected President of the United States. It follows, from the direction of the constitution, that AARON BURR is elected Vice-President.
In addition to the many evidences of the superiority of republican institutions over those of the monarchical or aristocratic form, this honorable regard to the public will, expressed with calmness and intrepidity will produce an impression on the minds of the People of America, stronger than that attempted to be made by the unceasing eulogists of other systems.
To those unfounded reproaches against republicanism, that ascribe to it the predominance of turbulent passions, and an imbecility to meet with effect a crisis of danger, it will with exultation oppose the proud example of a people of five millions, scattered over a wide extent of country, peaceably electing a chief magistrate, and the representatives of that people, constitutionally confirming the national will.
Will not this memorable example demonstrate to every citizen, who heretofore doubted it, that the will of a people enlightened as are the people of America, is as susceptible of precise and unequivocal expression as that of an hereditary despot or a military usurper, and that when so expressed it has power to command from its silent energies a general acquiescence.
Let then from this era all doubt of the fitness of a republican system to answer every correct purpose of government be dismissed! Let it yield to the magnanimous policy of giving to that system all the support of undivided zeal and united talent. Let the government in its pure principles, guarding the rights of freemen from invasion, and diffusing through all ranks the blessings of equal rights, be the object of our invariable respect and regard. Let not the aberrations of public agents from constitutional duty be confounded with those principles; and above all things let not public men, who shall be the first to mark a deviation from such principles, be denominated the government itself.
This error, wilful with some, but mistaken with more, has had a deeper agency in depressing the character of republicanism, than all the mistakes of its friends and hostility of its enemies.
JAMES A. BAYARD is nominated by the President Minister Plenipotentiary to the French Republic.
CONGRESS
OF THE UNITED STATES
HOUSE OF REPRESENTATIVES.
Tuesday Feb. 17, 1801.
After a declaration of the result of the Presidential Election, a bill for, declaring all letters received by or written to JOHN ADAMS free of postage, was read twice, and ordered to a third reading tomorrow.
Mr. S. Smith, chairman of the committee of commerce and manufactures, reported, according to order, a bill to continue in force an act further to suspend the commercial intercourse between the United States and France and the dependencies thereof.
The existing act is limited to continue in force till the 3d day of March next, the bill now reported, re-enacts it to continue till the 3d day of March, 1802. It was once read, and on the question whether it should be read a second time, a motion was made by Mr. Davis to reject the bill. After some observations in favor of rejecting it by Messrs. Livingston and Eggleston, and in favor of the bill by Mr. Rutledge, Mr. Dennis moved the postponement of the question till Monday next. Mr. S. Smith moved to postpone the question till the 3d day of March, but afterwards withdrew the motion as did Mr. Dennis his motion of postponement till Monday.
The general question to reject the bill was then before the house. Messrs. Harper, Rutledge & Otis vindicated the necessity of continuing the non-intercourse until the result of a new negotiation, in consequence of the disagreement of the senate to one article of the convention with France, and of its limitation to 8 years continuance. Messrs. Randolph, Samuel Smith, Nicholas, Livingston and Gallatin spoke of the bad effects a renewal of this law must have on the planter and dealer in the article of tobacco, of which France is the principal market. Mr. Champlin renewed the motion to postpone till Monday.
The yeas and nays were taken on this motion, which was carried in the negative, yeas 40, nays 59.
The question returning to reject the bill, Messrs. Waln and C. Goodrich spoke in opposition, and Messrs. Livingston, Gallatin and S. Smith in favour of the motion. The yeas and nays were taken as follows:
Against continuing the bill in force, and for the motion to reject.
Messrs. Allison, Baer, Bird, Bishop, I. Brown, R. Brown, Cabell, Christie, Clay, Claiborne, Condit, Craik, Davis, Dawson, Dennis, Dent, Dickson, Eggleston, Elmen-dorf, Fowler, Gallatin, Goode, Gray, Gregg, Grove, Hanna, Heister, Holmes, Hill, Jackson, Kitchel, H. Lee, Leib, Lincoln, Lyon, Livingston, Macon, Muhlen-burg, New, Nicholas, Page, Powell, Randolph, Smilie, J. Smith, S. Smith, Spaight, Stanford, Stone, Stewart, Tal-biferro, J. C. Thomas, Thomson, A. Trigg, J. Trigg, Van Cortlandt, Tazewell, Varnum, R. Williams—59.
Those who voted for continuing the bill in force, are:
Messrs. Bartlett, Bayard, Champlin, Cooper, J. Davenport, F. Davenport, Ed-mond, Evans, Foster, Freeman, Glen, C. Goodrich, E. Goodrich, Griswold, Harper, Henderson, Huger, Mattoon, Morris, Nott, Otis, Parker, Puckney, Platt, Read, N. Read, Rutledge, Shep-erd, J. C. Smith, Sheafe, Teney, That-cher, R. Thomas, Wadsworth, Waln, L. Williams, Woods—37.
Mr. Macon, from the committee of claims, made a report which was favorable to the petition of Nathaniel Holmes, in which the house concurred, and a bill was brought in for his relief.
The speaker read two letters from the secretary of the treasury, one accompany-ing a report of the amount of duties and drawbacks on goods, wares and merchan-dize imported into, and exported from the United States during the years 1797, '98 and '99. The other was a report of the receipts and expenditures of the United States during the year 1799, and a letter from the register of the treasury conforming thereto.
Mr. Harper said, that he wished to call the attention of the house to a subject which had become interesting to its own honor and the honor of the nation. It was the subject of the calumnies so industri-ously propagated respecting the fires in the treasury and war departments, espe-cially the former. Had those calumnies, sir, said Mr. Harper, continued to be con-fined to certain Gazettes in this country, whose daily occupation every body knows it is to invent and promulgate slanders at once the most absurd and the most atro-cious against the government, and all who are attached to it or concerned in its admin-istration, I for one should certainly have continued to regard them with the pro-foundest contempt, for I well know that filth thus thrown, cannot tarnish the repu-tation of men of honor and character, much less of the government itself. But, Mr. Speaker, these calumnies have assumed far more impolitic and dangerous form.—They are uttered, sir, by men in this place
(it will not certainly be supposed that I allude to any honorable member of this house)—They are uttered, sir, by men in this place, whose stations give weight to their testimony, and must be considered, in distant parts of the country especially, as entitling their assertions to belief. Yes, sir, there are found men in this place, men too, let me repeat it, whose stations give weight to their testimony, and who are profligate enough, far enough lost to all sense of ho-nor, truth and decency, to state in private letters, as a fact fully established and admit-ted, that the war and treasury offices, es-pecially the latter, were set on fire by the chief officers themselves, in order to destroy the evidences of their own peculation.—This abominable calumny, sir, one of the foulest and most malicious that party spirit has yet fabricated, is asserted as a well-known fact by letters from this place, writ-ten by men of station and name. I know the fact, sir; I state it on the authority of competent and sufficient testimony. Those letters are handed about, and their con-tents are industriously circulated in other letters, which disseminate them through all parts of the country.
Since this calumny has assumed such a shape; since it is thus propagated and supported, it is necessary to crush it by an authentic enquiry. It becomes necessary to investigate the subject, that the truth may be displayed to the eyes of the nation thus attempted to be abused and misgui-ded. For this purpose I move the follow-ing resolution.
Resolved, That a committee be appoint-ed to enquire into the causes of the late fires in the war and treasury departments, and to report their opinion thereon to the house, with such facts and documents as may, in their opinion, be necessary for ex-plaining the subject fully. And that the said committee have power to send for per-sons, papers and records.
The resolution was adopted, and a com-mittee of seven appointed. The follow-ing members were named on the committee:
Messrs. Nicholas, Macon, Livingston, Gallatin, Varnum, Harper and Waln.
John Minchen.
BOOT MAKER
FROM PHILADELPHIA.
RESPECTFULLY acquaints his FRIENDS, CUSTOMERS, and the public, that he has re-moved his BOOT AND SHOE MANUFAC-TORY from near the Eastern Branch, to New Jersey Avenue, on the hill near the Capitol, where he makes Gentlemen's Boots, Kooters, dress and undress. Shoes on the shortest notice, in the neatest manner, and of the best materials.
December 3d.
TO JOURNEYMEN SHOEMAKERS. WANTED, a number of Journey-men Shoemakers, to whom constant employment and good wages will be given.
Kid, Eliot & Co.
At the Brick Store opposite BLODGETT'S HOTEL.
HAVE received by the Brig UNION, Capt. Leonard, from Liverpool, a large supply of Crockery Ware. Some of which is well assorted in small casks for the country.
Also, by the same Vessel.
White Lead, ground in oil. Spanish Brown do. Red Lead, Patent yellow, &c. &c.
They expect by the Roba and Petley arrived at Norfolk an additional Invoice of crockery and large assortment of Glass ware. All which will be sold at the Philadelphia prices.
December 28.
Kid, Eliot & Co.
HAVE received by late arrivals, a general assortment of Hard ware and Ironmongery which they offer for Sale at their Store opposite the Great Hotel.
They have also on hand
Madeira, Sherry & Lisbon } Wines. Cognac Brandy. Jamaica Spirits, Holland Gin, Loaf and Brown Sugar, Tea, Coffee, &c. &c.
Washington, Dec 18.
For SALE.
A HOUSE and LOT in the City of Washington, called the COTTAGE beau-tifully situated on the slope of the Hill appropriated for the National University and near the Commissioners wharf, at pre-sent in the occupation of Mr. KNAPP of the Auditor's office.—For terms apply to Dr. Wm. Thornton, one of the Commis-sioners of the City, to Mr. Philip Fitz-hugh, or PRESLY THORNTON. Washington City, Feb. 11, 1801.
JUST IMPORTED.
IN the ship Missouri, via Philadelphia, and now opening for Sale at the Subscriber's Store on New Jersey Avenue Capital Hill, Square 690.
A General Assortment of Ironmongery, Cut-lery, Sadlery, Brais Wares and Building Mate-rials.
Among which are the following Articles. Iron pots, frying pans, chafing dishes, Brais, iron and Japand Candlesticks, patent metal tea kettles and sauce pans; japanned tea trays, wait-ers and Bread baskets, lad irons, wind up jacks, sweeping, scrubbing, hearth and shoe brushes; Mathematical instruments, mahogany knife cases, filed with ivory handled knives and forks, Cruet stands, ladies dressing cases; mill, Pitt and crois cut Saws. 56, 28 and 14lb Iron weights. Also steele beams to weigh from 5 to 10 cwt. at an end.
HENRY INGLE.
November 24th, 1800.
Conrad & M un n
HAVE opened houses of entertainment in the range of buildings formerly occupied by Mr Law, about two hundred paces from the Capitol, in New Jersey avenue, leading from thence to the Eastern Branch. They are spa-cious and convenient, one of which is designed for stage passengers and travellers, the other for the accommodation of boarders. There is sta-bleage sufficient for 60 horses—They hope to merit public patronage.
City of Washington, Nov. 24, 1800.
THE SUBSCRIBER,
Will Sell or Exchange
FOR approved lands near the Blue Ridge, a va-luable tract of land in Northumberland Coun-ty, two miles from the Court House and near the bank of the Potomac, containing 1163 acres. This tract is divided into two plantations, on the one there is a brick dwelling house 50 by 33 feet conveniently divided, and two brick offices, 24 by 16 feet. A Framed house 20 by 16 feet designed for an Overseer, and other out houses.
The conveniences of this place are equalled by few, and the prospect excelled by none in the state.—The house is situated on a high hill and commands an extensive view of the Potomac, and the Chesapeake Bay. There is a Creek a-bounding with the finest Fish and Oysters, which terminates the flat land of this tract, that is na-vigable for bay craft, and affords an excellent landing place within half a mile of the house. On this part of the tract there is an excellent eating apple and Peach orchard, and a variety of other fruit trees. It has a great sufficiency of Oak and Hickory timber, for the use of the plan-tation, besides a large quantity of pine. On the other plantation there is a framed dwelling house 32 by 16 feet, and a few out houses, such as tenants generally have about them. This part of the tract is as well situated for farming as any lands in Virginia. It is well watered, has a sufficiency of timber for its support, and flou-rishing young peach and apple orchards.
As it is presumable that no person will make such a purchase without viewing the premises, all that is necessary to add is that Mr. Spencer Ball living thereon will shew the whole, and is fully authorised to make sale thereof.
JAMES V. BALL.
N. B. Any person purchasing may be supplied with stock of all kinds necessary and sufficient for the plantation.
January 23, 1801.
IWA
WANTED to purchase a Small farm consisting of one, two or three hundred acres of land—at a convenient distance from this City, with comfortable buildings thereon for the accommo-dation of a small family. Enquire of the Editor of the National Intelligencer.
Washington, Jan. 26, 1801.
CONVEYANCER'S OFFICE.
THOMAS HERTY has opened an office a few yards from the CAPITOL, on the New Jer-sey avenue, where he will attend daily till 3 o'clock during the sitting of Congress, and in the afternoon, at his office opposite the LIT-TLE HOTEL—Conveyances of land, wills, mort-gages, leases, assignments, copartnership deeds and dissolutions, marriage settlements and separations, letters of licence and composition, bills of sale of vessels, slaves, and other chattels, bonds of con-veyance, and other bonds, powers of attorney, awards, manumissions, partitions, exchanges, petitions, annuities, post obits, scatemens' wills and powers, and all other instruments in the above line, are drawn according to the legal import of the same respectively, with the utmost punctuality, accuracy, secrecy, and dispatch, and on moderate terms.
Titles investigated, and opinions given where necessary.
N. B. Hertys Abridgment of the laws of Maryland, approved and sanctioned by the Attorney General and Legislature of Maryland, may be had at the above office, price Six Dollars, neatly bound and lettered; also Hertys Digest of the Laws of the United States, price Three Dollars, neatly bound and lettered.
December, 1800
twtf
Thomas Carpenter, TAYLOR,
GRATEFULLY acknowledges the numerous favours conferred on him, and informs his friends and the public that he has entered into partnership with CHARLES VARDEN, likewise from Philadelphia, on Capitol Hill, opposite Mr. CARROL's buildings, where, as well as in Penn-sylvania Avenue, between the Presidents House and George Town, from their long and extensive experience in Military, Naval and Fancy dresses, and in Ladies Habits &c. and from their having procured the best of workmen and materials the utmost taste and punctuality might be expec-ted.
Two apprentices wanted.
Washington, Dec. 22.

(Continued from first page.) tion, suit, writ of error, or writ of review, and also for his, her or their appearance in the said 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, they, doth or doth claim under, and at the hearing or trial shall rely upon, a right or title to the lands in dispute, under a grant or grants from a state other than that wherein 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 exemplifications 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 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, authorized 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 continuance 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 favor 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 authorized and empowered, in all cases cognizable by the circuit 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 justice 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 authorized 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 be safely removed back to the place of his, her or their first confinement; and that the said removals shall be at the expense 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 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 or 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 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; and 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 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 of 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 4th Tuesday in May, and on the 4th 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, 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 district of Norfolk, 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 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 Fear, 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 place 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 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 jurisdictions 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 and 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, shall severally be invested with, possess and exercise all and singular the powers now vested by law in the district judges of the United 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 shewn 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 of 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 authorized 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 manner as
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