The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-03-13 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. LVII.
FIVE DOLLS. PER ANN.
FRIDAY MARCH 13th, 1801.
PAID IN ADVANCE.
CONVEYANCER'S OFFICE.
THOMAS HERTY has opened an office a few yards from the CAPITOL, on the New Jersey Avenue, where he will attend daily till 3 o'clock during the sitting of Congress, and in the afternoon, at his office opposite the LITTLE HOTEL—Conveyances of land, wills, mortgages, 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 conveyance, and other bonds, powers of attorney awards, manumissions, partitions, exchanges, petitions, annuities, post-obits, leasmen's 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. Hertty's 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 Hertty's Digest of the Laws of the United States, price Three Dollars, neatly bound and lettered.
December, 1800.
To be hired out by the quarter or Year.
A LIKE Y and well disposed negro man, about 25 years of age, who is a good Hostler and driver of a Carriage, and has during his youth been employed as a House boy and waiter at table. He can be warranted for sobriety and honesty. And his master would prefer getting him into service in the City of Washington or George Town, as he has a wife in that Neighbourhood.
Application to be made to the printer. March 4th, 1801.
THE SUBSCRIBER, Will Sell or Exchange
FOR approved lands near the Blue Ridge, a valuable tract of land in Northumberland County, 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 conveniencies 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 abounding with the finest Fish and Oysters, which terminates the flat land of this tract, that is navigable 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 earing 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 plantation, 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 fitted for farming as any lands in Virginia. It is well watered, has a sufficiency of timber for its support, and flourishing 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 show 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.
Conrad & M c Munn
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 spacious and convenient, one of which is designed for stage passengers and travellers, the other for the accommodation of boarders. There is stabling sufficient for 60 horses—They hope to merit public patronage.
City of Washington, Nov. 24, 1800.
Nail Manufactory,
ALL kinds of Cut Nails for Sale by Whole Sale 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.
Washington Feb. 4, 1801.
FOR THE NATIONAL INTELLIGENCER.
PRICES CURRENT, LIVERPOOL, 2d January, 1801.
AMERICAN PRODUCE.
   Imports. Prices. Per Remarks. Imports. Prices. Per Remarks.     James River 3d 1-2 a 7d Lb. Flax-seed   Rappahannock 3d 1-4 6d — for crushing 7s 0d a 8s 0d W. Bush. Scarce & in demand   Potowmack 3d 5d — Pig Iron 71 81 Ton. Steady.   Georgia 3d 5d — White Oak, Pipe 201 241 M.   Carolina 3d a 4d 1-2 — Hhd. 121 191 —   Stem'd 6d 8d 1-2 — Brl. 91 131 —   Marl'd. brown 31-2 a 41-2 — Red Oak, Hhd. 61 71 —   Colour 5d 5d 1-2 — Brl. — — —   Kitefoot 6d 1-2 7d — Logs, Oak 2s 8d 2s 10d Cub. Ft.   Indigo, Carolina 2s 6d 4s 3d — Scarce & in demand. Pine 2s 7d 2s 10d —   Deer-Skins 1s 3d 1s 9d — Dull. Maple, Birch 2s 2d 2s 4d —   Pitch 12s 0d 13s 0d cwt & Beech — — —   Turpentine 17s 0d 20s 0d — Plank, Oak 6d 6d 1-2 Ft 2 In   Rosin 14s 0d 16s 0d — Pine 6d 6d 1-2 thick.   Tar 33s 0d 35s 0d Bl. Boards, Oak 3d 3d 1-2 Ft 1 In   Ashes, Pearl, 1st. 56s 0d 57s 0d cwt Scarce & in demand. Pine 3d 3d thick.   Pot 1st. 44s 9d 46s 0d — More enquired for of late. Logs, Oak 3s 0d 3s 3d Cub. Ft.   Bees Wax 220s 240s — Scarce & in demand. Pine 2s 8d 2s 10d —   Rice 50s 0d 52s 0d — Very scarce at present. Plank, Oak 6d 7d Ft 2 In   Flour, Fine 83s 0d 84s 0d Bl. Pine 5d 6d thick.   Superfine 85s 0d 86s 0d — Boards, Oak 3d 4d Ft 1 In   Wheat 23s 0d 24s 0d 70 lb. Pine 3d 3d 1-2 thick.   Indian Corn 9s 0d 10s 0d w. Bush. Logs, Pitch Pine 2s 10d 3s 0d Cub. Ft.   Plank, Pitch Pine 6d 7d 2 In. th.  
Of the above Articles the following upon Importation are subject to the Duties affixed.
   In American Ships. In British Ships. In American Ships. In British Ships.     Ashes, Pot 1s 5d 2-10 1s 2d 1-2 per Cwt. *Timber (except Oak) in Logs   Pearl 1s 6d 7-10 1s 4d do. 8 Inch. square, or upwards 1s { pr. load of } 3   Bees Wax 42s 7d 8-10 39s 5d 9-10 do. Oak Timber, in do 11d 9-10 { 50 Cub. Ft. } 4   Turpentine 2s 9d 4-10 2s 6d 7-10 do. Oak Plank, 2 In. th. or upwards 1s 11d 8-10 do.   Rosin 2s 0d 6-10 1s 10d 8-10 do. Pine Plank, above 7 In. wide   Tar 15s 7d 4-10 14s 6d 2-10 pr. 12 Bls. above 20 Feet long, not 17s 10d 2-10 per 120 do.   Pitch 16s 2d 4-10 15s 1d 2-10 do. above 4 In. thick.   Indigo 10s 10s per 100 lbs. above 20 Ft. long, above 35s 8d 4-10 do.   Flax Seed 2d 2d per Bushel. 4 Inches thick   Rice 9s 3d 6-10 8s 6d 8-10 pr. Cwt. 8 Ft. and not above 20   Deer Skins, in the Hair 2d 4-10 2d 1-4 per Skin. Ft. long, not above 3 1-4 7s 11d 4-10 do.   Pig Iron 6d 6-10 per Ton free Inches thick.   Staves, not above 36 In long 4d 8-10 per 120 do. 8 Ft. and not above 20   above 36 In. do. 50 do. 9d do. do. Foot long, above 3 1-4 In. 15s 10d 8-10 do.   above 50 In. do. 60 do. 1s do. do. thick.   above 60 In. do. 72 do. 1s 6d do. do. Oak Boards, under 2 In. thick 5s 3d 4-10 do.   above 72 In. 1s. 9d do. do. under 15 Feet long   15 Ft. long, or upwards 10s 6d 8-10 do.  
N. B. The Articles marked * in addition to the Duties affixed, pay 3 per cent ad valorem, in both American and British Ships.
Tobacco upon Importation is allowed to be deposited and remain in the king's Warehouse, free of Expense, for eighteen months, and when removed (if not exported) the Duty is paid by the Buyer, which is 1s 6d per 100lbs. more in American than in British Ships.
Grain of all kinds may be Imported free of Duty, and Bounties are allowed.
American Ships are subject to a Duty of 2s per Ton, Register Measure; and British and Foreign Ships to a further Duty of 1s per Ton, both in and out, (except in Ballast.)
All Ships from the United States of America, liable to perform Quarantine, are likewise subject to an extra Duty of 3s per Ton with a clean bill of Health, or 10s per Ton without a clean bill of Health, but chargeable on the Goods,
PRODUCE admitted free of Duty for Exportation, in AMERICAN and other Neutral ships.
   IMPORTS. PRICES. Per. REMARKS.     Sugar, Musco. Brown, 49s a 52s Cwt.   Middling, 53s 56s —   Good, 57s 59s —   Fine, 60s 62s —   Clayed, Tetes and 54s 72s — The Season for Export being expired, the demand is inconsiderable at present, but probably will revive towards Spring.   Terres, 78s 93s —   Powders, 52s 57s —   Havannah, Brown, 60s 66s —   Yellow, 78s 86s —   White, 105s 113s —   Coffee, Ordinary, 118s 125s —   Middling, 127s 133s —   Good, 135s 140s —   Fine 70s 87s —   Triage, 110s 115s —   Java, 115s 120s —   Bourbon, 85s 94s —   Cocoa, West India Brown, 97s 102s —   Red 85s 95s —   Spanish, Common, 98s 103s —   Carracca, 85s 90s —   Surinam,  
We experience some demand for Coffee at present, notwithstanding the Season for Export has ceased.
Red West-India and Carracca Cocoa in brisk demand—Less doing in other sorts—but no quantity of any kind at market.
(Continued on next page)

The following Articles may be Imported for Exportation, paying the Duties affixed.
   IMPORTS. PRICES. PER. REMARKS.     Ginger, East India, 35s 40s Cwt. } IMPORT DUTY. } Very dull—No demand whatever for E.   West India White, 57s 60s 1s. 6d. per Cwt. } India.   Black, 25s 27s   Pimento, 6 1-4d 6 1-2d Lb. 1s. 9d. pr. 100 lbs. Steady.   Mides, Buenos Ayres, 6 3-4d 7 1-2d 1s. 8d. & 4-10ths } In demand, especially Buenos-Ayres, which   Cuba, 5 1-2d 6d per Hide. } are very scarce.   West India, 4 1-2d 5 1-2d   Logwood, chipt, {Campeachy 191 10s 201 0s Ton. } 7s. 3d. per Ton. } Logwood rather plenty, and the demand li-   {Honduras, 171 0s 171 10s   {Jamaica, 161 0s 161 10s   Fustick, 111 10s 131 0s 11s. 8d. per Ton. } demand.—Fustick plenty also, but in better   Nicaragua Wood, {Small, 141 0s 181 0s 3pr. Ct. ad valorem. } demand.—Nicaragua Wood scarce and   {Large, 231 0s 301 0s  
The following Articles may be Imported for Home Consumption or Exportation, paying the Duties affixed.
   Cotten, Bourbon, 3s 0d 3s 4d Lb.   Dutch, 2s 5 1-2d 2s 8 1-2d   St. Domingo, 2s 0d 2s 3 1-2d   Bahamo, 2s 0d 2s 4d   Com. W. India, 2s 1d 2s 4d   Carthagena, 1s 9d 1s 10d   Carracca, 1 10 1-2 1s 11d   Surat, 1s 3d 1s 5d   New Orleans, 2s 0d 2s 2d   Porto Rico, 2s 6d 2s 7d   Georgia, Short Staple, 1s 6d 1s 8d   Sea Island, 2s 6d 3s 0d   Mahogany, Cuba, 1s 4d 2s 2d Root of 6s. 6d. per 100lbs. Present prospects seem in favor of these   Hispaniola, 1s 8d 2s 6d 1 Inch do. prices being supported.   Honduras, 1s 2d 2s 0d thick do.   Cochineal, 22s 24s lb. 10d. per Lb. Supplies are rather ample—yet going off   Indigo, Mississippi, 3s 6d 6s 6d pretty regularly.   St. Domingo, 4s 0d 7s 6d Scarce, and in demand.   Spanish, 3s 6d 10s 0d   East India, 4s 6d 10s 0d   Bourbon, 4s 0d 5s 6d  
N. B. In submitting these Observations the consequence of any sudden change in political affairs is not adverted to—A general Peace would no doubt materially affect the prices of many Articles.
FOR THE NATIONAL INTELLIGENCER.
The late brilliant triumph of republicanism appears to have given to the public mind an animation only equalled by that which attended our revolutionary struggle. It is not surprising that a victory, gained by efforts so persevering, and talents so eminent, as have characterised the active friends of freedom, should produce an universal glow of feeling. Now when the force of example is duly estimated can we wonder at the manner in which this enthusiasm exhibits itself. Social meetings have heretofore been generally made the organ of expressing any unusual emotion of joy felt by the people. Hence we see that from one extreme of the union to the other conviviality and mirth prevail, heightened by the sentiments and toasts that are framed in such a style as to express with the greatest energy the public feeling.
Though these measures are justified by a crowd of recent, as well as remote examples, they appear to me to be not only incorrect, but dangerous organs of expressing national feeling. Holding these opinions, the present offers itself to my mind as the most proper season for communicating them to the public. Participating myself in the liveliest enthusiasm that animates any breast, feeling the most unqualified respect for the character of the President of the United States, and feeling a pride in the enlightened spirit of discrimination manifested by the people in choosing Mr. Jefferson for their next magistrate, no expressions of mine can be considered as designed to impair the lustre of a triumph whose effects may, and probably will surpass the most sanguine hopes of patriotism.
I will premise, before assigning the reasons for my opinion, that the late triumph is the only unequivocal triumph which the republicans of the United States have obtained over their opponents since the adoption of the federal constitution. It therefore, undoubtedly places them upon ground distinct from that previously occupied by them. Before they were in opposition to a large portion of the measures, and to almost all the principles of the Executive department of the government: now it is their hope that the measures and principles of that department will merit and obtain their support. It is the nature of opposition, particularly in a republican government, to be efficacious, to require an exertion of the greatest energy; while it is the nature of the government itself to require but little support, other than that which the constitution imparts or itself creates to render it completely commensurate to all its legitimate objects. From this consideration it results that from a change of circumstances, a change of conduct should arise. The principles of a republican should remain invariably the same; but his measures ought, and if he be enlightened, will vary with existing circumstances.
After these remarks, I observe, 1. That governments may be too much praised, as well as too much blamed. It is certainly very much to be wished that the public will should, as to all important events, express itself in a definite manner; and that those who administer the government, should know in what degree they conform to, or conflict with the people. This end is not to be gained by convivial meetings. Arising in some uncommon impulse imparted to national feeling, and forming an association of citizens exclusively under the control of this impulse, they exhibit in exaggerated colours the opinions of these associations themselves. We all know that at such meetings, sentiment and not reason presides; and under the influence of the former to the frequent neglect of the latter, political opinions respecting men as well as measures are avowed, which in their calmer moments, the very afferted individuals would disclaim. If such sentiments be found incorrectly to express the opinions of the citizens from whom they emanate, how much more incorrectly do they delineate the opinions of other classes of citizens?
2. The exaggerated and incorrect style in which the sentiments of particular individuals at such meetings are portrayed, has a tendency to sharpen the resentment of other classes of citizens; as the sentiments expressed, not confined to applauding particular men or particular measures too often hold up to ridicule or to detestation men and measures of a different complexion. There is no doubt but some men as well as measures deserve the abhorrence of every good man; but the manner in which this sentiment is expressed altogether determines the benefit to be produced by it. If it be expressed in
CITY OF WASHINGTON.
Commissioners Office, 5th March, 1801.
By virtue of an act of Assembly of the State of Maryland, entitled "a further supplement to the act concerning the Territory of Columbia and City of Washington" the commissioners will expose to sale on Tuesday the 12th day of May next, at Mr. Rhodes's Tavern, in the said city, the following lots, to wit, Lot No. 2 in square No. 47, lots no 4 5 15 16 20 and 21 in sq no 184, lots no 5 6 15 16 20 in sq no 298, lots no 3 4 14 15 in sq no 218, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 in sq no 249, lot no 10 in sq no 286, lots no 3 5 6 7 9 10 12 13 14 in sq no 317, lot no 10 in sq no 319, lots no 1 2 3 4 5 6 7 in sq no 343, lots no 2 3 4 5 6 in sq no 344, lots no 10 11 12 in sq no 345, lots no 1 2 3 4 15 16 17 18 19 20 in sq no 374, lots no 1 4 5 8 9 12 in sq no 403, lots no 3 4 5 6 7 in sq no 404, lots no 2 3 4 6 7 9 in sq no 405, lots no 2 3 6 7 10 11 in sq no 427, lots no 2 3 4 5 6 in sq no 428, lots no 1 2 3 4 18 19 20 21 22 23 24 25 26 in sq no 454, lots no 5 6 7 17 18 19 in sq no 455, lots no 7 8 12 13 14 15 16 17 18 19 20 21 in sq no 534, lots no 5 6 7 8 9 10 11 in sq no 535, lot no 20 in sq no 585, lot no 15 in sq no 587, lot no 2 in sq no 643, lot no 2 in sq south of sq no 825, lots no 16 17 18 19 20 21 22 23 24 25 26 in sq no 825, lot no 2 in sq no 997, lots no 3 and 4 in sq south of 1019, lots no 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in sq no 1020, lot no 2 in sq no 1021, lot no 1 in sq no 1022, lots no 1 2 3 11 12 13 14 in sq no 1023, lots no 5 and 6 in sq no 1024, lots no 2 3 4 5 6 7 8 and 11 in sq no 1045, lots no 3 4 5 6 7 8 9 10 11 12 13 14 in sq no 1046, lots no 1 2 3 4 5 6 21 22 23 24 25 26 27 28 in sq no 1047, lots no 1 2 3 4 5 6 24 in sq no 1048, lots no 1 3 4 5 6 7 8 9 in sq no 1064, lot no 9 in sq no 792, lots no 11 12 14 15 16 in sq no 799, lots no 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 in sq no 847, lots no 1 2 3 4 5 6 7 in sq no 849, lots no 1 2 3 4 5 23 24 25 26 27 28 29 30 31 32 33 in sq no 877, lots no 16 17 18 19 20 21 22 23 24 25 26 27 28 29 in sq no 878, lots no 25 26 27 28 29 30 31 32 in sq no 1048, lots no 1 and 3 in sq no 1065, lots no 1 5 6 in sq north east of sq no 1065, lot no 1 in sq no 1066, lots no 1 and 3 in sq no 12, lots no 2 3 7 8 9 10 12 13 in sq no 158, lots no 1 3 4 5 6 7 in sq no 161, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 in sq no 247, lots no 1 2 3 4 10 11 in sq no 452, lots no 5 6 7 8 9 10 12 13 14 in sq no 453, lot no 1 in sq south of sq no 463, lots no 3 4 5 6 in sq no 492, lots no 5 9 and 10 in sq no 493, lots no 4 5 6 in square no 494, lots no 10 11 12 13 14 15 16 17 18 19 28 in square no 517, lots no 2 4 6 8 in sq no 518, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 in sq no 529, lots no 20 and 21 in sq no 533, lots no 1 2 3 4 5 6 7 in square no 537, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in sq no 538, lots no 1 2 3 4 5 6 7 8 in sq no 565, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 in sq no 567, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 in sq no 568, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in sq no 569, lots no 2 4 6 in sq no 570, lot no 2 in sq no 572, lots no 2 and 3 in sq no 577, lots no 1 2 3 4 5 6 in sq no 581, lots no 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 in sq no 584, lots
no 5 6 7 8 9 10 20 21 22 23 24 25 26 in sq no 640, lots no 2 3 4 5 15 16 17 18 20 21 22 in sq no 642, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 in sq east of sq no 642, lots no 20 21 22 23 24 25 26 27 in sq south of sq no 643, lots no 2 3 4 6 in sq no 644, lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in sq no 645, lots no 1 2 and 17 in sq no 1000, lots no 1 2 3 4 5 6 7 8 9 10 24 25 26 34 35 36 in sq no 1043, lots no 2 3 4 14 15 16 17 18 in sq no 1066, lots no 10 11 13 14 in sq no 1067, lots no 1 2 3 4 11 12 13 in sq no 1078, lots no 1 and 2 in sq south of sq no 1091, lots no 1 2 9 10 11 12 in sq no 1092, lots no 1 2 3 14 15 16 17 18 19 20 in sq no 1105, lots no 4 5 6 7 8 9 10 11 12 13 in sq no 1116, lot no 9 in sq no 1117, lots no 5 6 7 8 in sq no 1123, lots no 5 6 7 8 in sq no 1130, lot no 3 in sq no 1140 and lot no 4 in sq no 1149.
The terms of sale are sixty, ninety and one hundred and twenty days for all sums under 1000 dollars, and nine months credit for all sums amounting to one thousand dollars or upwards. It is expected purchases may be made to greater advantage at the ensuing sale than heretofore; because, at former sales a competition took place among persons who held liens on the property sold.
The commissioners have also at their disposal upwards of 4000 lots which have never been sold; any of which they will sell on terms much more moderate than those on which property of the same value can be had of individuals, especially to those persons who mean to settle in the city.
The public sale to commence at Ten o'clock, in the forenoon, and to continue on Tuesdays, Wednesdays and Thursdays each week, till all are sold. The purchasers will be required to give notes, endorsed to the satisfaction of the commissioners, and negotiable at any of the banks in Baltimore, George Town or Alexandria. Should any purchaser fail, at the expiration of the week in which such sale is made to pass his note with an approved endorser or endorsers, the sale will be declared void, and the lot or lots resold without further notice—and such purchaser shall be excluded as a bidder during the sale.
Wm. THORNTON, } Commissioners. ALEXR. WHITE. }
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, or at the Commissioners Office, City of Washington. If not sold within a month it will be rented on easy terms. analy ry, 24th, 1801.
JOHN CHEW THOMAS
respectfully informs his Fellow-Citizens of Prince George's and Anne-Arundel counties including the city of Annapolis, that he will again faithfully serve them (if elected) in the Congress of the United States. March 5th, 1801. Gt.
In Chancery, March 3, 1801.
ON application to the Chancellor by petition in writing of JOHN CONAWAY of Anne Arundel County, praying the benefit of the "act for the relief of sundry insolvent debtors," passed at the last session on the terms therein mentioned; and a schedule of his property and a list of his creditors, so far as he can ascertain the same on oath, being annexed to his petition, and the chancellor being satisfied by competent testimony, that the said John Conaway is, and at the time of passing the said act was a citizen of this state and of the United States, and the said John Conaway at the time of presenting his petition having produced to the chancellor the assent in writing of so many of his creditors as have due to them according to the list aforesaid, the amount of two thirds of the debts due by him at the time of passing the said act. It is thereupon adjudged and ordered that the said John Conaway by causing a copy of this order to be inserted once in each of three successive weeks in a newspaper of the City of Washington, and by serving so many of his creditors with a copy of this order as can be conveniently served therewith before the twenty ninth day of March Inst. give notice to his creditors to appear at the Chancery office on the Eighth day of April next for the purpose of recommending some person to be trustee for their benefit on the aid John Conaway's then and there taking the oath prescribed for delivering up his property. Test. SAML. H. HOWARD, Reg. Cur. Can.
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 cwt by retail under 56     20dy Nails 12 1-2 d. per lb 13 1-2 d per lb.   12dy do 13 13 3-4   10 do 13 3-4 14 1-2   8 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 MCINTIRE. Washington, Feb. 6, 1801. tf.
THIS DAY IS PUBLISHED BY SAMUEL H. SMITH, NEAR THE CAPITOL, A MANUEL Of Parliamentary Practice. For the use of the SENATE of the United States. BY THOMAS JEFFERSON. Washington, Feb. 27. 1801.

the language of passion, it will only tend to excite the resentment of those against whom it is levelled, without affording the least evidence of the imputation. Let it further be recollected that extravagance on one side naturally produces extravagance on the other; and nothing can more powerfully tend to destroy the growth of that harmony which ought to be the aim of every enlightened and virtuous citizen.
3. These meetings are absolutely destructive of that moderation, and dignified command of feeling, which is the main-spring of republicanism.
Amidst the conflicts of passion and inharmonious interests, truth is always firm and moderate. It is these traits, which have in this country shed so pure a lustre over the character of the friends of republicanism. They leave the minds of those who possess them in a state most propitious to the reception of true ideas, and they are not only the best, but the only instruments whereby error is reclaimed from its wanderings.
4. There is a degree of servility in accumulating exaggerated praise upon any man. He who is conscious of virtue, needs not inflated applause; while he who wants virtue, will make an improper use of misapplied adulation. Our own experience, as well as the experience of history, shews us that praise of men in power has always been a cheap purchase; and while virtue has found its sanctuary in the silent affections of a nation, villainy has been celebrated by the loudest trumpets of cotemporaneous applause.
These are a few of the ideas which have occurred to me on the subject. They are submitted not without apprehension lest they should be misconstrued. They arise, however, from a regard to principle; from an earnest desire that the republicans of this country should persevere in the undisputed acquisition of a character for moderation, decision, and harmony.
TEMPERANCE.
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. Cogniac Brandy. Jamaica Spirits, Holland Gin, Loaf and Brown Sugar, Tea, Coffee, &c. &c. Washington, Dec. 18. tf.
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 or it Feb. 2, 1801. tAp
LOTS FOR SALE, In the City of Washington. THE SUBSCRIBER offers for Sale a number of valuable Lots beautifully situated between the Capitol and the Eastern Branch. Also a few Lots to be let on lease for ninety-nine years in the vicinity of the Navy yard. WILLIAM PROUT. City of Washington. December 12, 1800. tf
N. B. A few Tons of good Meadow Hay, one Kiln of Bricks, and some Cord Wood. W. P.
Public Sale of LOTS, IN WASHINGTON CITY.
WILL be Sold at Public Auction, to the highest bidder, on Friday the 18th day of May next, at William Tunnicliff's Hotel. Two Hundred Lots, situated Eastward of the Capitol and near to the Eastern Branch Ferry—The terms will be one half Cash and the other half at 60 days on Notes negotiable at the Bank of Columbia satisfactorily endorsed. An indisputable title will be given by. GEORGE WALKER. Washington, March 2, 1801. tMay1
Kid, Eliot & Co.
At the Brick Store opposite Blodgett's Hotel.
HAVE received by the Brig UNION, Capt. HENNARD, from Liverpool, a large supply of Groceries 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 Betsey arrived at Norfolk, an additional Invoice of crockery and a large assortment of Glass ware. All which will be sold at the Philadelphia prices. December 28.
WASHINGTON CITY.
FRIDAY, MARCH 13, 1801.
BY THE PRESIDENT OF THE UNITED STATES.
WHEREAS, by the first Article of the Terms and Conditions declared by the President of the United States on the 17th day of October 1791, for regulating the Materials and manner of Buildings and Improvements on the lots in the CITY OF WASHINGTON, it is provided, "that the outer and party walls of all Houses in the said City, shall be built of brick or stone."—And by the third Article of the same Terms and Conditions, it is declared, "that the wall of no House shall be higher than forty feet to the Roof in any part of the City, nor shall any be lower than thirty five feet in any of the Avenues."—And whereas the above recited articles were found to impede the Settlement in the City of Mechanics and others, whose circumstances did not admit of erecting Houses authorised by the said Regulations; for which cause, the President of the United States, by a Writing under his Hand, bearing date the twenty fifth day of June 1796, suspended the operation of the said Articles, until the first Monday of December 1800—and the beneficial effects arising from such suspension having been experienced, it is deemed proper to revive the same. WHEREFORE, I THOMAS JEFFERSON, President of the United States, do declare, that the operation of the first and third Articles, above recited, shall be, and the same is hereby suspended until the first Day of January 1802, and that all the Houses which shall be erected in the said City of Washington, previous to the said first Day of January 1802, conformable in other respects to the regulations aforesaid, shall be considered as lawfully erected, except that no wooden House shall be erected within twenty four feet of any brick or stone House. Given under my hand this 11th Day of March, 1801. (Signed) TH. JEFFERSON.
2 w 6 w.
Our readers are this day presented with an interesting Price Current of LIVERPOOL, with accompanying commercial information of considerable importance.
Some implied doubts having been expressed in the public prints of the earliest publication of the Inaugural speech of the President having been made in the National Intelligencer, the Editor considers it proper to exculpate himself from any idea of remissness to state the truth. The Speech appeared in the National Intelligencer before it appeared in any other print; and from the Office of the National Intelligencer, the Editor of the Aurora obtained one of the earliest impressions, which was sent express to Baltimore, from which place it was forwarded by a mail antecedent to that which conveyed the papers for the Subscribers to the National Intelligencer in Philadelphia.
CAPE FRANCOIS, 14th February.
PRICE CURRENT by the Cargo, or Wholesale-way.
  Flour Dols. 15 per bl.   Rice, rather coarse 5 1-2   Cod-fish 7   Beef, cargo good 13   Pork, northward fresh and fat 23 to 24   Salmon, fresh 12   Mackerels 11 to 12   Herrings 7   Butter, Lard, Hams, Candles 38 per wt.   Northward lumber per 1000 feet 35 to 40   Southward do. scarce 45 to 50   Scantling 33 44 45 56 66 60 to 70 pr. do.   Shingles, in bundles good 3 per 4 bundles   Shingles, Pitchpine 22 inches 7 to 8 do.   Soap, (American yellow) 25 per box   Sweet-Oil, per basket 12 bottles 8   Trane-Oil, good per gallon 7   Spermaceti Candles 6   Claret, good quality 50 to 55 per cask   Tobacco, good quality for segars 7 do 
ALBANY, Feb. 20.
On Friday, the house went into Committee on the Governor's message. Mr. Benton in the chair; when Mr. Swartwout moved the following resolution with its recital, viz.
Whereas his excellency the Governor, by his message of the 26th inst. has suggested some impediments to the further proceedings of the Council of Appointment, and has submitted to the consideration of the Legislature, whether it is not become indispensable, that the merits of the opposite and interfering claims to the right of nomination, should be ascertained and decided without delay:
Therefore, Resolved, as the sense of this House, That the Legislature have no authority to interpose between the Executive and the members of the Council of Appointment, touching the right of nomination, or to pass a declaratory act, defining the powers of the said Council, or prescribing the manner in which the same shall be exercised.
Mr. Henry thereupon moved the following resolution as a substitute, viz.
Resolved, as the sense of this committee, That it is expedient to pass an act declaratory of the true intent and meaning of the 23d section of the Constitution of this State, relative to the person or persons in whom the right of nominating all officers to be appointed by the Council of Appointment, is vested.
The Chairman having put the question, whether the committee would agree to the substitute proposed by Mr. Henry, it passed in the negative.
An animated and interesting debate ensued, and on the question to agree to the resolution proposed by Mr. Swartwout, it was carried in the affirmative, 61 to 35. The ayes and noes being called by Mr. Comstock, seconded by Mr. Adrionce stood as follows:
Affirmative. Messrs. Adrionce, Akin, Alden, Arculaeus, Barlow, Bevier, Broome, Bull, G. Clinton, J. Clinton, Comstock, Corl, Danforth, Emigh, A. Gilbert, Glover, Haller, Halsey, Hasbrouck, Hopkins, Humphrey, Hunt, Johnson, Landon, B. Livingston, McCord, McIntire, Merrill, Miller, Montfort, Mott, Nexsen, North, Odell, Peck, Pettit, Philips, Robbins, Rott, Rutgers, Savage, Sanford, Sheldon, Sherwood, Skidmore, A. Smith, N. Smith, Snell, Speaker, Storm, Swartwout, J. Ten Brock, Thomas, Thurston, Townsend, Tucker, Veeder, Verbruyck, Warner, Wherry, Yates.
Negative. Messrs Barker, Bors, Brown, Cantine, Chipman, Courtis, Dietz, Doty, Duglafs, Edwards, Elmendorfham, Forman, French, Gardenner, E. Gillert, Graham, Henry, Hicks, Lansing, Leonard, J. Livingston, Lovet, M'Auly, M'Kown, Micheau, Mufit, Norton, Ostrom, Shurleff, Ten Eyck, Van Alen, West, Williams, Winne.
The committee then rose, and the house accepted their report.
The speakers principally were, for the resolution, Mr. Livingston and Mr. Swartwout; against it, Mr. Henry and Mr. Williams.
The Subscriber
RESPECTFULLY informs the Public, that he intends to practice the LAW in the Courts of Alexandria and Washington Counties in the District of Columbia; and in the Supreme Court of the United States.—The Public may rely on his attention to any business confided to his care. At his Office, conveyances of every kind prepared with accuracy, secrecy and dispatch. Business transacted in any of the Public Offices for Persons resident at a distance on moderate terms. Letters post paid will be attended to—
By the Publics Obedient Servant, ROBERT W. PEACOCK. City of Washington, New-Jersey Avenue, near the } March 2, 1801. Capitol. tf
A few Gentlemen may be accommodated with Boarding and Lodging by the week, month, or year. R. W. P.
LOTS.
IN different eligible situations in the City for Sale or Lease on ground rent—Likewise,
100 Casks inspected Rhode Island LIME.
A number of Quarter and half and Casks of MADEIRA WINE, of a superior quality, by JOHN SICKNEY At his building opposite Rhodes Tavern President's Square. Washington, March 2, 1801. copf.
For SALE.
A HOUSE and LOT in the City of Washington, called the COTTAGE beautifully situated on the slope of the Hill appropriated for the National University and near the Commissioners wharf, at present in the occupation of Mr. KNAPP of the Auditor's office.—For terms apply to Dr. Wm. Thornton, one of the Commissioners of the City, to Mr. Philip Fitzhugh, or PRESLY THORNTON. Washington City, Feb. 11, 1801. tf
CHEAP LUMBER.
FOR SALE, By the Subscriber, on reasonable terms, either by large or small quantities, at his Lumber Yards, the north end of Lamberton, and at the old Sturgeon Pond, above Richard's wharf,
A QUANTITY OF ASSORTED LUMBER, viz.
One and 1-4 inch, 1 x 8, and 1 do. Yellow pine heart boards—1 inch pannel, 1 x 4 do. for floors, 1 do. common, white pine do—3 do. 7 1-4 and 2 1-2 do planks, 1 do. 1 x 8, and 2-8 do. boards, black walnut—2 do. plank, 3 do. 1 x 2 do. pannel boards, bedstead sets, poplar the whole of the above are well seasoned and fit for use—lear heart pine, and sap pine white oak, and bilthead, hemlock and white pine cantling, assorted—best kind three feet cedar shingles, dressed and undressed, do two feet white pine do.; do. 18 inch cypress do—cedar rails—Also, white pine sawed rails—shingling and plastering laths, best kind; white oak waggon timber—sap pine planks, sap pine one inch boards, 3-4 cedar, best kind, 3-4 white pine, 3-4 sap pine, seasoned weather boards—A quantity of handsome chestnut pailings, sawed 1 x 3 inches and from 4 to 16 feet long, for garden fence, &c. A quantity of chestnut oak posts, dressed and undressed; a quantity of cherry boards, a quantity of large white oak joice, a quantity of chestnut posts—5000 feet of neat beach scantling for tool blocks—5000 feet of sickamore scantling for bedsteads; 2 inch white oak plank; 1 inch white oak boards, 3-4 do. do. do.—25,000 feet superior cherry boards and plank, 3,000 do. very clear 2 inch white pine plank, 3,000 do. handsome beaton wood bedstead sets seasoned, 100,000 prime North Carolina shingles, a quantity of ash plank, 150 tons plaster Paris, warranted, 3,000 bushels best Virginia pit coal, 200 bushel cleans house sand.
The subscriber intends, establishing a Lumber Yard at the Federal City of Washington, which he will keep regularly supplied as above—Any quantities may be agreed for by contract, deliverable, as the purchaser may wish, provided that the place of delivery may be comeable by water with a navigable vessel—Any quantity that may be ordered for shipping abroad, shall be supplied with punctuality and dispatch, agreeable to order.
Gentlemen who are or may be building—as well as carpenters who may be under or may enter into contracts to build and furnish the materials, will find it well worth their attention to apply as above—Applications may be made by letter (post paid) or otherwise, to the subscriber, or left with Wm. and Anthony M. Buckley, or Benj. W. Morris and Co. merchants, Philadelphia.
Also for Sale or to Let,
A large commodious Dwelling House, with out buildings complete, and from three to seven acres of land—Two small do. with lots thereto. Also, a small Store near the river—All laying in the village of Lamberton.
NATHAN COMBS. N. B. A Screw Jack to let, that raises from 10 to 40 tons by hand—a constant supply of plaster and Smith's Virginia coal. Lamberton, New Jersey, (on Del.) January 12, 1801. twtf
WANTED a large handsome MARE of a Bay or Chestnut color, accustomed to draw in Harnefs, not more than seven years old, for which a GELDING will be given in exchange and the difference of value if any paid Cash. Enquire of Mr. Duon, at the Capitol. Washington, Feb. 13, 1801.
TO BE RENTED.
A TWO STORY BRICK DWELLING HOUSE, with a large garden well inclosed, a stable for 4 horses, a Coach House, & other office Houses, with a good well of water in the Yard, most elegantly situated in square 104, in the City of Washington, for terms apply to WM. KING.
WHO will accommodate through the ensuing Summer a few GEN'LEL BOARDERS, by the day, week, or month, at his present dwelling House, 4 doors South of Mr. STILL'S Hotel, on Capitol Hill. March 13, 1801. tf.
In Chancery, March 6th, 1801.
SAMUEL BOOTS an Insolvent debtor of Prince George's County, makes application as a trader by petition to the Chancellor in writing, praying the benefit of "an act for the relief of sundry insolvent debtors," there is annexed to his petition, a schedule of his property and a list of his creditors, on oath as by the said act is required; and the Chancellor being satisfied by competent Testimony that the said Samuel Boots is, and at the time of passing the said act was a Citizen of this State and of the United States.
It is therefore adjudged and ordered that he appear before the Chancellor, in the Chancery Office on the first day of October next, for the purpose of taking the oath by the said act required in presence of his creditors; and that by causing a copy of this order to be inserted in a Washington paper, once in each of three successive weeks, and by serving so many of his creditors with a copy thereof as can be conveniently served therewith before the first day of April next, he give notice to his creditors to attend on the said first day of October, for the purpose of recommending a trustee for their benefit, and to lodge with the Chancellor within six months from the time of the last publication (if they shall think fit) their dissent to his being admitted to the benefit of the said act.
Test. SAMUEL H. HOWARD, Reg. Cur. Cana March 13, 1801. 3tlw.

To the independent Electors of the State of New-York.
Friends and Fellow Citizens,
The period will soon arrive when you will again be called to elect a governor and lieut. governor for the state. The candidates for governor are George Clinton and Stephen Van Rensselaer.
The right of election is at all times important to free-men; but it is peculiarly so at this period. Under this impression, it has been thought proper by the friends of the republican cause, to submit a few remarks to your serious consideration.
In a representative government, like ours, it appears to us, you ought to choose for your first magistrate, the man who will administer the government best, and who unites the fairest claims to your favor. To determine this, let us briefly consider the situation of our state and country, and the public characters of the men proposed to you as candidates.
We live in an important era of the world: it is that which Providence has fixed on for the most interesting conflict man has ever witnessed. It is not between tyrant and tyrant, about the succession to a throne, or the limits of a province; but it is a war of principles—a war between equal and unequal rights, between republicanism and monarchy, between liberty and tyranny. It is our boast, it is our glory, that the strife began in America, and that liberty first triumphed in our country. We hold, that the contest is still going on, and that although the British fleets and armies have left our shores, yet that they have left their mantle behind, and that in the bosom of our country, there are many, very many, who have long been aiming at unequal privileges, and who have but too well succeeded. Thus they have done, by arrogating to themselves the right to be considered as the only friends of the constitution, the guardians of order and religion. Those who have disagreed with them in their favorite objects, they have branded with every epithet of abuse, and there are no crimes which they have not uncharitably been supposed capable of committing. To oppose the particular plans of an administration, has been considered as hostility to the government itself. And to complete the absurd tale, it has been vainly pretended, that the prosperity of our country, and the ease enjoyed by the farmers, have been the effects of their prudence and virtue.
But, fellow-citizens, you will be no longer deceived, you will discriminate between the government and the abuses under it; between the good order of freemen and the awe produced by sedition laws and standing armies. You will at once perceive that we are not indebted to administration for the prosperity of our country, but to the demand for our produce in foreign countries, to our own industry, and the blessings of Providence. If we seek for the claims of our political adversaries, to our thanks for their wisdom and their solicitude for your interest, they are to be found in a funding system, a vast and encreasing national debt, heavy taxes, a British treaty, a mint, a Federal City, a mausoleum, a sedition law and a standing army. These are the fruits of what they call federalism; they have been delicious to a few, but ungrateful to republicans; and the people of America have, by their late election, proclaimed to the world that they will suffer those abuses no longer, but that they will return to economy, and the true principles of the Revolution.
In this situation of our country, and of our public affairs, which of the candidates ought you to select for your governor? The answer is obvious. It should be the one bred in the school of liberty; the one who has felt the evils of tyranny and abhors them; the one who has in the most dangerous times shewn himself the friend of his country, and the bold assertor of her rights. The one hated by tyrants in '76, and dreaded by the sons of corruption still; he should be one who has proved himself prudent enough in council, and who knows the value of the earnings of industry. In the venerable Clinton you see all these qualities combined, you see in him all that freemen can wish, or tyrants abhor. Will you, then, fellow-citizens, forget his services? Will you disregard his merits and heap your honors on enormous wealth? Forbid it justice, forbid it gratitude.
We have not the least inclination to detract from the pretensions of the competitor; we allow all that his friends in their
address claim for him, and even more. We allow he has inherited vast wealth—we allow that he has tenants by thousands—we allow that in the arduous business of governing the state, he will be assisted by the counsels of his family and his friends. But it is yet to be proved, that of himself he possesses experience, or that sort of talents adapted to the administration of a government whose concerns are as extensive and intricate as those of ours. He is a young man; and while your intrepid Clinton fought the battles of his country, Mr. Van Rensselaer was dandling on the lap of his nurse.
Political economy, though lately much disregarded, is of the utmost importance; and if, Fellow-Citizens, you would again have it adopted, it becomes essential that you place at the head of your affairs, a man who during an administration of 18 years evinced an anxious solicitude to spare you from taxation. A comparison of the period whilst he was your Governor with the succeeding one, will at once shew the truth of this position.
Should it be objected to Governor Clinton, that he opposed the adoption of the Federal Constitution, we answer, that although he did not think that in the form in which it passed the General Convention of 87, it sufficiently guarded his fellow citizens, from oppression; yet we affirm, that he has always been friendly to a national Government; that his objections to the original form of the present one, were removed by the amendments which soon after its adoption were recommended by the State Legislatures and agreed to by Congress; and that even from the moment of its first adoption by the State Conventions, he has uniformly and faithfully supported it.
Jeremiah Van Rensselaer has been agreed upon, as a fit person for Lieutenant Governor. We unite in recommending him to your suffrages, for his long tried republicanism; for his abilities, for his knowledge of public affairs, and for his well known integrity. He was a member of the first Congress, under the present constitution, and in the cabinet as well as in the field, has in every station, to which he has been called, proved himself an intelligent and virtuous patriot.
Friends and fellow-citizens, to ensure success to so good a cause, to reward such merit as Governor Clinton and Mr. Jeremiah Van Rensselaer possess, it only becomes necessary that on the day of election, you present yourselves at the polls. The last election sufficiently evinces the great preponderance of the republican interest and since that period, it affords additional cause of exultation, to observe its increase, not only in this state, but in the United States. Our political opponents are struck with consternation, and they are now collecting all their strength, and intend to make one desperate effort to regain the ground which they have lost; but they have no other reliance than our supineness and inattention. They have to deal with a people too intelligent to overlook, and too patriotic to neglect the great interests of their country! They must be disappointed.
[This Address is signed by 27 persons from the Southern, 32 from the Middle, 17 from the Eastern, and 25 from the Western District.]
ALBANY, February 26.
At a meeting of the Council of Appointment, Feb. 24—Present, His Excellency John Jay, Esq. President—The Hon. Rob. Roseboom, John Sanders, Amos Spencer, and De Witt Clinton, Esqrs. members.
His Excellency the Governor proposed, That the Secretary be directed to enter on the minutes of their proceedings, all nominations to office, agreeably to the directions of the 8th Section of the Act entitled "an Act to organize the government of this state," passed 16th March 1778. The question being put, was carried in the negative, with the exception of Mr. Sanders, who agreed to the same—but the other members of the council dissented.
Because, from the first organization of the government, until the meeting of the present council; the entries in the minutes of the Council, have as they believe, invariably been otherwise, and because the council do not admit, but deny that the right of nomination exists in the Governor exclusively, which right his Excellency claims and insists upon;
Because, such a procedure can have no other tendency than unnecessarily to swell the minutes of the council; and
Because, in the opinion of the council, the statute referred to by his Excellency the governor, does not direct the entry of
nominations, whether made by the governor or any other member of the council, but applies only to such cases where appointments are consequent upon nominations.
APPOINTMENTS.
Sheriffs—Thomas Stevens, for Essex; Guy Maxwell, for Tioga; Roger Sprague, for Ontario; Greaves, for Clinton.
Mr. Clinton having nominated John Blake, jun. for the office of Sheriff of the county of Orange and his Ex. the Gov. claiming the exclusive right of nomination, observed that it would be proper for him to consider what ought to be his conduct relative thereto; and at the same time requested that an entry thereof should be made on the minutes, with a declaration, that nothing should be intended thereby by contravene the resolution of the council adopted previously at this meeting.
The council thereupon adjourned.
MESSAGE.
GENTLEMEN,
It has generally and justly been considered as highly important to the security and duration of free states, that the different departments and officers of government should exercise those powers only, which are constitutionally vested in them; and that all controversies between them respecting the limits of their respective jurisdictions and authorities, be circumspectly and speedily settled. There are few Constitutions or other instruments, however carefully framed, which are entirely free from ambiguity and do not contain paragraphs liable to different constructions. Defects and obscurities have been observed in the Constitution of this State, and on certain occasions they have produced inconveniences.
The 23d article of it ordains, "That all officers, other than those who by this Constitution are directed to be otherwise appointed, shall be appointed in the manner following to wit:—The Assembly shall, once in every year, openly nominate and appoint one of the Senators from each Great District, which Senators shall form a Council for the appointment of the said officers, of which the Governor for the time being, or the Lieutenant Governor, or President of the Senate, when they shall respectively administer the Government, shall be President, and have a casting voice, but no other vote, and with the advice and consent of the said Council, shall appoint all said officers."
Doubts have long existed whether by this article the right of nomination was exclusively vested in the Governor, or whether it was vested concurrently in him and the Council. Questions arose on this article during the administration of my predecessor, and in the month of March 1794, gave rise to animated discussions between him and the then Council.
When I came to the Government my official duty made it proper for me to form as correct a judgment on the subject as possibly could. After having deliberately considered this article, I became fixed in the opinion, that it vested the right of nomination exclusively in the Governor, and for this, among other reasons, that the right to appoint, necessarily included the right to select and nominate; and it gave me pleasure to find, on conferring with my predecessor that this opinion was strengthened by his informing me that he had always claimed this right, and never yielded or conceded to be in the council.
Nevertheless, as respectable members of a former council, acting under their oaths to support the constitution, had adopted a different construction of this article, and had actually assumed and exercised this right; it was evident that this was a question on which upright and judicious men might differ in opinion, being therefore apprehensive that it might, and probably would again produce disagreeable disputes, I thought it advisable to insert the following paragraph in the first speech which I had the honor to make to both houses of the legislature, viz.
"There is an article in the constitution, which, by admitting of two different constructions, has given rise to opposite opinions; and may give occasion to disagreeable contests and embarrassments. The article alluded to, is the one which ordains that the person administering the government for the time being, shall be President of the Council of appointment, and have a casting voice, but no other vote, and with the advice and consent of the said council, shall appoint all the officers which the constitution directs to be appointed. Whether this does, by just construction, assign to him the exclusive right of nomination, is a question which though not of recent date, still remains to be definitively settled. Circumstances as I am in relation to this question,
I think it proper merely to state it; and to submit to your consideration the expediency of determining it by a declaratory act."
Unfortunately this important question was permitted to continue undecided; and consequently, I could adopt no other rule for my official conduct, than that construction of the article which appeared to me to be the best founded; and which had been adopted as the true construction by my predecessor. I have therefore uniformly held and exercised the exclusive right of nomination; nor have any of the several councils endeavored to assume it, until the 24th day of this month, when the following occurrences took place, viz.
The present sheriffs of New-York and Queens who have been nominated on the 11th inst. were negatived. Benjamin Jackson, who, on the 17th inst. was nominated for Sheriff of Orange, was negatived. Certain other nominations were agreed to. Three persons were then successively nominated for the office of Sheriff of Schenectady, to wit, Wardell Green, John Ingold and Benjamin Miles, and they were negatived. Colonel William Falconer was then nominated for Sheriff of Orange, and being negatived, I nominated Colonel Nicholson for that office. On this nomination the council (except Mr. Saunders) explicitly refused to vote; and one of the members of the council proceeded to nominate John Blake junr. for Sheriff of that county. Judging it prudent to consider maturely what ought to be my conduct under such circumstances the council was adjourned.
After having well considered the subject it appears to me proper to state these facts to you, while I think and believe, as I most sincerely do, that the right to nominate is vested exclusively in the Governor by the Constitution, it ought not, and I am persuaded it will not be expected that I should, by conceding this right of power to any member of the council, violate my oath to administer the government to the best of my knowledge, in conformity with the powers delegated to me by the constitution.
From what had formerly happened, it was not a matter of surprise to me that the council should claim a concurrent right of nomination with me; but the refusal to vote on one of my nominations, and while it remained undecided, to nominate another person for the same office, were measures which going to the exclusion of even a concurrent right in the Governor, appeared to me not a little extraordinary.
Many appointments exceedingly interesting to the public, ought soon to be made: but while those gentlemen persist in the course of proceeding which they adopted that business must necessarily remain subjected to impediments not in my power to obviate or remove. I therefore submit to your consideration, whether it has not become indispensable, that the merits of these opposite and interfering claims to the right of nomination, should be ascertained and decided without delay.
In whatever constitutional way, whether by a declaratory statute, or by judgement of law, a decision may be made; and whether it should or should not correspond with the opinion I have expressed, I shall certainly acquiesce in and regulate my conduct by it.
JOHN JAY.
Albany, 26th Feb. 1801.
ROBERT ELLIS.
AT the House lately occupied as the Little Hotel—has for sale at low rates, the following articles, viz
Madeira, 1st quality, Dry Sherry, Port, Tenneriffe, Malaga, 1st, 4th, and 5th proof Cognac Brandy, 4th do. Jamaica Spirits, Holland Gin, Aromatic and Cinnamon Cordials, Country Rum and Whiskey, And a general Assortment of Groceries, Also a large supply of Ladies Morocco Shoes, and first quality Butter. Washington, March 2, 1801.
FOR SALE, OR RENT.
TWO Brick dwelling houses, situated on the Pennsylvania-avenue near the President's house; each containing two handsome parlours and passage on the first floor, four lodging rooms, including garret, all private, kitchen and cellar; the whole will be completely finished in a few days: the yard's front paved and set with trees; the walks to the street paved or gravelled, which will render the same as comfortable a situation as any in this City for a private family, and will be sold for less than any gentleman can have the same built for. A family of negroes will be taken in part payment, or Lous will be exchanged for Slaves. For particulars enquire on the Premises of
OWEN ROBERTS.
March 11, 1801.