The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-04-24 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. LXXV.
FIVE DOLLS. PER ANN.
FRIDAY, APRIL 24th, 1801.
PAID IN ADVANCE.
The following account of a work which has lately appeared in France, entitled "Travels in Upper and Lower Egypt; undertaken by order of the old government of France—by C. S. SONNINI," is taken from a British Journal.
THE travels of Sonnini have attracted greater notice than they otherwise would have excited, because his observations are supposed to have suggested to the rulers of France the first idea of the expedition to Egypt. It is probable, from internal evidence, that their publication at this time is intended to exaggerate the beauties of that famous country, to magnify its advantages, and diminish the dread of the dangers and inconveniences of the climate.
It is M. Sonnini's professed object to describe Egypt as it was when the French took possession of it; to compare its degraded state at that period with the splendor which it was to re-assume, when it should again attain its ancient prosperity. Our author had travelled before through various countries; and had learned to bear the unavoidable fatigues and inconveniences inseparable from such expeditions in inhospitable climates, to examine with due attention the different objects, and, when national vanity did not interfere, to appreciate them with judgment. Lower Egypt was not a new object; but of Upper Egypt, at the time of his travels, little was known. We have since acquired more satisfactory information, particularly from the late travels of Mr. Browne, and, with the additions which our author's curious and attentive survey supplies, can more justly estimate many ancient as well as more modern accounts. We may add, that M. Sonnini is a naturalist of no mean rank. His eyes are constantly directed to the different objects which Nature presents in her three kingdoms; and a part of his work is a supplement to Prosper Alpinus, to Hasselquist, and Forskal. Should Abdollatiph's description of this country ever escape from the cabinet of Dr. White, our author would be a proper editor of what relates to natural history.
As our principal object is Egypt, we shall pass cursorily over the incidents previous to the author's arrival. The narrative, however, is pleasing and interesting; and the various objects of natural history which he has noticed, agreeably diversify it. It was the opinion of Buffon, that the Mediterranean was once a small inland lake, and that it was enlarged to its present extent by the bursting of the Euxine through the Bosphorus, and of the Atlantic through the Strait of Gibraltar. M. Sonnini thinks he has found a confirmation of this opinion in the soundings between Sicily and Malta, and again between Malta and Cape Bon in Africa, which seldom exceed thirty, and never one hundred fathoms. The alleged circumstances seem to show that the eastern side of the Mediterranean has been gained from the continent.
The account of Malta and its productions is interesting; the political observations, the author says, are of weight only in the old order of things; but what may result from the confusion we know not. The knights of Malta may be preserved in their name; but their order is no more.
Having described the approach to the coast of Egypt, our author points out the advantages of the situation discovered by the penetrating genius of Alexander, when he fixed on the spot which still bears his name, though the modern Alexandria is only the shadow of the ancient.
The new city, or rather the town of Alexandria, is principally built upon the sea-shore. The houses, like all those of the Levant, have terraced roofs; the holes that serve as windows, are almost entirely blocked up by a wooden lattice, projecting in different forms, and so close, that it is hardly possible for the light to enter. In this country above all others, such inventions, which transform habitations into prisons, are real jalousies *. It
* Jalousie , i. e. jealousy, is the French word for a lattice window, or Venetian blind.
is through this symmetrical, and sometimes not inelegant arrangement of bars, that the fair sex can see what is passing out of doors, without being seen. It is in this kind of everlasting cloister, that beauty, far from being paid that homage which nature intended it should receive from every heart of sensibility, experiences nothing but contempt and outrage; it is there, in short, that one portion of mankind, taking advantage of the odious right of the strongest, keeps in a humiliating state of slavery the other portion, whose charms would alone be capable of softening the rugged nature of the soil, and the ferocity of its possessors.
The narrow and irregular streets of Alexandria are equally destitute of pavement and police: no public edifice, no private building, arrests the eye of the passer-by; and were not the ruins of the ancient city in existence, he would meet with nothing to attract his attention. Turks, Arabs, Moors, Copts, Christians of Syria, and Jews, compose a population, which may amount to five thousand souls, as far at least as it was possible to judge, in a country where no register of any kind is kept. Besides, commerce brings hither, from all the countries of the East, foreigners, who make only a momentary stay. This confused assemblage of men of different nations, jealous, and almost always enemies of one another, would afford to an observer a singular mixture of dresses and manners, provided a den of thieves could be worthy of this observation.
They are seen crowding in the streets, and running rather than walking; they bawl also rather than speak. I often stopped near persons who appeared to me incensed with rage: they gave their voice all the force it could derive from a strong and ample chest; their countenance bore all the marks of passion; their eyes sparkled; and violent gestures accompanied words which seemed still more violent. I approached, expecting to see them cut one another's throats in a moment; & found that nothing was in question but a bargain of small importance; that not one of their expressions was of a threatening tenor; and that all this uproar was nothing more than their usual manner of cheapening any thing they meant to buy.
This custom of giving the voice the greatest possible force in speaking, is common to almost all the oriental nations, excepting the Turks, whose demeanor is more grave and sedate. There are few people, perhaps, who have not remarked, that the Jews, a nation which has contrived to preserve its character and customs in all the countries through which it is dispersed; there are few who have not remarked, that they also speak very loud, particularly to one another. Excepting a few individuals, whose constraint in the imitation of our manners plainly shews that they are assumed, we also see them, when they walk our streets, going with their bodies leaning forward, and their knees straight, taking quick and short steps which rather resemble a run than a walk. In Egypt, where they live in greater subjection than elsewhere, they are exactly the same as we are accustomed to see them, avaricious, artful and paltry knaves. Their schemes of plunder are not, like those of the Bedonians, and other robbers of Egypt, put in practice openly and by main force. It is, as with us, by cheating with address, and by thieving in the way of business, that they fill their own purse, and quietly empty that of their neighbour. It is thus that the Jews have appeared to me, wherever I have met them. In every part of the world they are distinguished by their peculiar vices, which they have drawn between themselves and other nations. In every part of the world they are also seen to employ the same low means, the same deceit, and the same knavery, which makes them real pests in society; in short, they every where display the same insensibility and the same ingratitude with which they have, in these latter times, repaid the generosity and magnanimous conduct of France.
The ancient monuments of Grecian artists, in the best ages of Grecian taste, lie
now dispersed, covered with sand, or forming a part of the walls, the rude huts, or other buildings, of the modern Arabs and Egyptians. The present fortifications are Arabian; and their strength is magnified, to add to the laurels of the consular Buonaparte. Pompey's Pillar and Cleopatra's Needle share the author's attention; and he adds some minute circumstances to the descriptions of former travellers.
The situation of Alexandria was once delightful. Canals from different parts of the Nile, and the neighbouring Lake Mareotis, formerly watered numerous gardens, kept with the most anxious care. Indeed, the former state of Egypt must have been very different from the present, since ancient travellers speak of its cultivated fields and gardens with enthusiasm. Such it may be again; for, whatever may be the event of the French expedition, the importance of Egypt to our Asiatic colonies is now generally acknowledged. This ancient medium of connection between Europe and India will probably be renewed; and the scene of desolation mentioned in the following quotation may yield to more pleasing prospects.
Nothing remains but the canal of Lower Egypt, and even that is in a ruinous state. During the inundation it receives the water of the Nile at Latr, opposite Fouah, and has three bridges over it of modern construction. Near the former, by the sea-side, is the entrance of the subterraneous aqueduct that carries the provision of water of the Alexandrians into the cisterns, the arches of which supported the whole extent of the ancient city, and which every one concurred in considering as one of the most beautiful monuments in the world. The mouth of this aqueduct is blocked up; but when the water of the canal had attained a certain height, in consequence of the rise of the river, the principal magistrates of the town went in great ceremony to break down the dam. When the cisterns were full, it was again built up, and the water of the canal continued to fall into the sea at the old port. It was by means of so easy a communication that the conveyance of merchandise was formerly effected throughout Egypt. The dangerous passage of the mouth of the Nile was thus avoided, as well as the perils of the sea. When I was at Alexandria, in 1778, not more than a century had elapsed since it had been navigable for boats; but this canal, the advantages of which are inestimable, was neglected by barbarians who were blind to their true interests. The walls which supported the banks were falling every day into ruins; the pavement at the bottom was covered with successive coats of mud, and no boat could any longer swim in it. A yellow and disgusting stream would soon have ceased to reach the cisterns, which were themselves half destroyed; the inhabitants would have soon experienced a total want of water; and modern Alexandria would have sunk into the sand, and have become the haunt of savage animals, which seemed already to threaten it, while prowling round its walls.
The banks of the canal are animated by some of the richest productions of living nature; farther on she appears dead. On every side there is nothing but sands, rocks, and sterility. Trees and shrubs grow by the water-side, and some patches of verdure are scattered about the environs. A few wandering streams carry fertility to fields where barley is sown, and where different kinds of vegetables are cultivated, particularly a great number of artichokes. The cultivation of this district formerly extended much farther; and it would have been easy for the modern Alexandrians to have enlarged its limits; but they discovered no activity, unless in pillage; nor is it surprising that people who made no effort to preserve the only water that was drinkable, should have neglected the means of procuring themselves comfort and abundance.
These are vestiges of the culture which surrounded ancient Alexandria; these are the remains of those delightful gardens which added to its magnificence, and the beauty of which Abulfeda still extolled in the time of the Arabs. A few trees scattered here and there, and scarcely vegetat-
ing upon this sandy shore, and far from sufficient to conceal its aridity and nakedness: several species of soda, salt and acrid plants, of which the Arabian name, kali , has been given to alkaline substances, are almost the only ones that thrive upon this coast, and there they may rather be said to creep than grow. The Alexandrians burn them, and extract from their ashes a fixed salt, which is an article of commerce.
In the account of the route of the merchants, and the dangers of passing from Alexandria to Rosetta, or Rashid, there is some novelty. Our author performed this journey through a comparative desert, by land; and Savary, who never travelled through any other desert, applies all the horrors of the Nubian deserts to this between Alexandria and Rosetta, in which no such dangers occur.
Rosetta is situated in a plain of astonishing fertility. Every vegetable grows in spontaneous luxuriance; e cry bird, which by its plumage can charm the eye, or by its notes please the ear, adds to the enjoyment. Sedition and insurrection dare not invade this paradise: all is peace and calmness. The picture is too highly embellished to be a faithful copy. Nature mixes thorns with her roses; and the luxuriant soil, which gives verdure to the trees, nourishes the serpent beneath. Rosetta is undoubtedly the most fertile spot of Lower Egypt; yet we know that it has its inconveniences; and our author has not always been able to conceal them. He hastened from that town to Cairo; but the insurrections and other disorders of this city, the numerous parties, which in this intestine warfare infested the Said, prevented him from accomplishing his design of reaching Upper Egypt. He returned, therefore, for a time to Rosetta, infested with the gnats during his two-day's voyage on the Nile, and chilled by the early fogs of a winter, which, however, he contends, has little terrible, but its name. He describes minutely the culture of rice in Egypt, which he thinks would not succeed in France, and engages in the controversy, whether rice was known to the ancient Egyptians; treating Mr. Pauw's wild and inconsiderate assertions with proper contempt. The oxen of Egypt, he lays, are not to be remarkable for their beauty as travellers have represented.
The inhabitants of Rosetta are described with some minuteness; and the women, secluded as they are in all eastern countries, seem on this account to have proved more fascinating in our author's eyes. Even the embonpoint, so pleasing in Asia, is accompanied, in his opinion, by a firmness and elasticity, which give it charms unknown to Europeans. The Turks, in Egypt, do not differ from those in other countries. They are the same sedate, indolent, jealous race; but their detestable propensities seem in this genial climate, to be more general, and less governable.
Cats and dogs are numerous in Egypt; the former are as much caressed as the latter are detested; for a cat was the favorite animal of Mohammed. The animals of that country, in general, though spirited, are docile and familiar: bred up in the tents of the Bedouins, they are the early companions and friends of mankind. The ichneumon is not domesticated in Egypt, as has been asserted; for, if it destroys rats, it also devours poultry. It is not particularly inimical to the crocodile; for it feeds on all sorts of reptiles. It is not an argument to say that the ichneumon abounds in Lower Egypt, where there are few crocodiles, and is rare in the higher parts, where crocodiles abound; for this reptile was once more common near the sea, as we learn from the more ancient travellers. It is now often found below the cataracts, in Upper Egypt, contrary to the observation of Dr. Shaw, as our author properly remarks. The thirse, a species of tortoise, is the greatest real enemy of the crocodile, devouring the young of this race with great greediness, and in great numbers.
M. Sonnini's account of the birds of Egypt is peculiarly interesting, as collected from his own observation, and accurate, as this part of natural history has claimed his

particular attention. The colored turtle-doves are the harmless visitants of a season, and are respected as strangers, even by the inhabitants of this country.
M. Sonnini proceeded to Aboukir, on the side of the ancient Canopus; a city once so magnificent and delightful, that the inhabitants were flled by Virgil, Gens fortunata Canopi . At present it offers only masses of ruins, and one little pyramid, covered with hyroglyphics, which our traveller purchased. In the return to Rosetta, he examined the boghals, the bar of the Nile, so fatal to flight boats of that country. He describes several of the reptiles, whose tracks he noticed on the sand. The waters of the Nile, so much celebrated for their excellence and salubrity by some, and condemned by others, owe perhaps their pleasing and salutary qualities, like Egypt itself, to the contrast. To those who approached from Upper Egypt and from the desert, the land of the Delta must have appeared singularly fertile, and water, of any kind, a delicious nectar. The water is certainly at times excellent, though, when thickened with slime and mud, at its lowest ebbs, it can neither be pleasing nor wholesome. Our author, however, who is a general panegyrist of Egypt, speaks highly in its praise. There are no epidemical diseases, he observes, in this happy climate; even the plague is imported, and is neither violent nor constant. Even the ophthalmia, which is not only epidemic but endemic, is passed over as a trifling complaint. Putrid and inflammatory fevers must, of course, sometimes occur; but these are said to be neither frequent nor epidemical. Hernia and leprosy are common.
FOR SALE,
A good and convenient Lot and House,
B EAUTIFULLY situated on the South-East corner of Square No 973, in the vicinity of the Navy-Yard, commanding an extensive view of some miles down the Potomack. The house is two story high, fronting 42 feet on 11th Street east, and 42 feet on South G Street, adjoining the south front is a commodious kitchen, with oven and other conveniencies. A large frame stable, carriage-house, with a hay loft 50 feet by 25, and a pump of fine water near the back of the kitchen. The lot will extend ninety one feet on 11th Street East, and 139 on South G Street. The purchaser may have a preference of the south half of the square.
Also, a number of LOTS , eligibly situated in various parts of the City. The titles to the whole are indisputably free of every incumbrance, the terms moderate and convenient, which may be known by application to the subscriber, occupying the premises first mentioned, possession of which may be given within 30 days after purchase.
THOMAS TINGEY,
Who will also sell one whole and four half pipes, London particular Madeira wine, of excellent quality. Washington, 10, April 1801. eF.t
FOR SALE, OR RENT.
T WO Brick dwelling houses, situated on the Pennsylvania-avenue near the President's house; each contain one handsome parlour 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 palisaded 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 them built for. A family of negroes, will be taken in part payment, or Lots will be exchanged for Slaves. For particulars enquire on the premises of
OWEN ROBERTS.
March 11, 1801. tf
BUILDERS.
WILLIAM LOVERING , of George-Town, and WILLIAM DYER , of the City of Washington, having commenced partnership in the Architectural and Carpenter line of business, which they are determined to carry on with assiduity, integrity and dispatch, hope for the patronage of their friends and the public.
Having a number of the best workmen now employed, are ready to execute any orders which they are determined shall be done in the best workman like manner for those who will please to favor them with their commands.
Orders directed to W. LOVERING , Gay Street near the Union Tavern, George Town, or to W. DYER , 1 Street, North of the new War Office, City of Washington, will be punctually attended to.
N. B. WM. LOVERING has been in the practice of drawing for and superintending great part of the Buildings in the City of Washington and its Vicinity. Washington, April 1. tf
The subscriber will exchange a number of LOTS in the City of Washington for a PART of LAND , not too distant from a market. The Lots are situate on or near the Eastern Branch, and will be exchanged on liberal terms.
ALEXANDER YOUNG.
City of Washington, April 12, 1801. tf
WASHINGTON CITY.
FRIDAY, APRIL 24, 1801.
On Monday night there was a considerable fall of snow, since which the weather has been uncommonly cold. We understand that much fear is excited with respect to the Apple tree.
The majority for MR. STRONG , as Governor of Massachusetts, remains from the latest accounts above 3,000. He will, in all probability, be re-elected, though all the Province of Maine remains to be heard from.
Complimentary Addresses have been presented to the President of the United States by the republican citizens of Fayetteville, N. C. and Columbia S. C. which are published in the prints of those States.
Though the contents of those addresses, and the replies made to them, express no other than the pure sentiments of republicanism, we decline the insertion of them. They are, on principle , considered pernicious.
They generally flow from a servile spirit, which the citizens of a republic should be the last to cherish. Their direct tendency is to inflame the passions of contending parties. Under these impressions, we are persuaded they ought to be discountenanced; nor is there, perhaps, a better way to produce this effect, than for the press to neglect them.
The governor of Pennsylvania has issued a proclamation dated April 14, forbidding intrusions on lands within the counties of Wayne, Northampton, Luzerne, Northumberland and Lycoming, and requiring all those who have intruded, contrary to law, to remove peaceably, under the penalty of the law, in that case made and provided.
EXTRACT
Of a letter from New-London to a gentleman in New-York, dated April 15th, 1801.
Yesterday was our Election; and after preparatory exertions, we beat the Federalists handsomely on every point. We have a majority in this county, which has eleven towns, and compose about one eighth part of the state.
New-Haven votes for Governor. Trumbull, Federal candidate 173.— Kirby, Democratic candidate 27.—Scattering 4.
For Lt. Governor. Treadwell 13.—Kirby 29.—Scattering 4.
For member of Congress Mr. Goddard had 130, Mr. Granger 82.
COMMUNICATION.
The writer, whose publication was lately animadverted on in the National Intelligencer, considers the withholding of the commissions, as an act of imprudence, and a departure from the inaugural professions of the Executive. Could the author of the paragraph have credit for sincerity, however mistaken in belief, or rude and undignified in the manner of his statements, he would be entitled to attention. The man who, in the style of decency, and in the spirit of manliness, points out real errors, renders a service to his country, and confers an obligation on the generosity of an erring mind, which is never happier, than in the act of correcting. But a character who will, for the purposes of discord, contention, and revenge, unnecessarily and wantonly endeavor to enliven the virulence of party, has an unrivalled claim to a meaning neglect . The charges however in themselves, from their nature, will justify reflections of a general tenor. The imprudence, the mildness, or the wisdom of the measure, will appear from a reference to circumstances. The time, the place, the principles, the state of parties, and the changes that had taken place, are to be considered. The district of Columbia is the centre of the union, the seat of government. Over it Congress exercises exclusive jurisdiction. In it, have raged, the asperity of party on political principles, and private dissensions, from local causes. Its happiness, and its growth, depended on healing measures. The good and the moderate, foreseeing the evils of a continued conflict, wished for accommodation. Fattigued with a ruinous strife, they deprecated the consequences, and were desirous of composure. The city, like a house divided, was in danger of falling. Reconciling
principles, and mutual concessions, were the only way to preserve the peace of the city. It re-divided, which "walked in darkness, and remained to transfer in form, the constitutional powers from the old to new hands. The jurisdiction of the justices for this district is extensive, and their duties and their influence important. In some instances, they determine on the property, in others on the conduct, and liberty of their neighbours and fellow-citizens. Upwards of forty of those magistrates were, by the late President, thought to be necessary. To have looked round in the appointments for integrity, ability and discretion, insensitively among characters of different political opinions, would have been an act of prudence, useful, and grateful. But prudence is sometimes hidden from the wife, and knowledge from men of understanding. The act, authorising the creation of magistrates, passed in a hurry, four days previous to the rising of Congress. The legislature, as if wisdom was theirs , and would die with them , were solicitous to provide for the imbecility, the ignorance, or the wickedness of future times. Their successors were not to be trusted. The people were not to be trusted. They were unworthy of confidence, unsuitable to be keepers of their own rights, the privilege of suffrage. They had been duped, had foolishly withdrawn confidence and delegated power from wisdom and goodness, from persons who alone had, could, and were full willing to serve and to save them, and had placed themselves in hostile hands. It is difficult to proceed without smiling. Were there time, it would be pleasant to pause for a moment, and indulge a few intrusive reflections on the redundant anxiety, and the provident, but modest patriotism of some of those modern saviours of their country. Suffice it, to conjure the reader, to listen to the warnings contained in the many memoirs written of themselves, during, and since the last session of Congress.
To return, the old government, being about to close its labours, weighed down with dreadful apprehensions, and awful forebodings of the new one, distrust and solicitude for the future, filled a short interval of time, and the hands of the president with a burden of business, and a crowd of appointments unknown in the annals of America. The federal principle (said to be sacred, consecrated and advocated by a profound majority) of delegating the subordinate powers of government exclusively to its friends, was preposterously adhered to. Integrity, ability, and the greatest worth, as usual, if republican, were proscribed. Devoted federalism could alone and its way to presidential confidence, or was permitted to knock at the door of promotion. The emoluments of office were unsuitable and dangerous weapons in the hands of republicans. Party zeal had prepared her favorite list, and the president, wanting in time for due examination, submits it to an advising Senate. They, in the last hours of an expiring system, in the last moments of departing strength, had time enough to presume, that the candidates were federal. Certainly necessity has no law, and the great pressure of a finishing scene, justified the want of critical enquiry. The nomination and the advice equally surprised the expectation of republicans. Uneasiness was excited—the hopes of the moderate were repelled, and the fears of the sanguine more than realised. There was much alarm, the security of the citadel seemed endangered from the works which surrounded it. It was the privilege of virtue to complain. Invective and lamentation were spreading in the streets. Expression of grief saddened a tone of private conversation. Patriotism, if necessary, would have submitted to this last process of outlawry; but it was testing it by the extremes of severity. A subjection of itself and its interest, to the decisions of tribunals which were destitute of its confidence, and had animated its jealousy, was, if possible, to be avoided. Offices had been created and filled, with a precipitancy, which had borrowed the features of violence. Prudence, if she had been consulted, would have protected, and have imposed her restraining veto. Her desires were liberal, moderate, and thoughtful as she is to have sweetened the blood at the heart, that it might flow, in sympathy through the habit, to conciliate and to put to sleep the vigilance of an embittered and embittering party, by infusing into the political body a composition more congenial to its nature. This was the wish of every friend to his country. The stamina of life had suffered, and needed repairing cordials for its comfort and support. That society had been convulsed by wounds was agreed. The only question was, who had inflicted them. The administration was essentially changed. On
this new order of things were fixed the eyes of the moderate for a cure. It remained to transfer in form, the constitutional powers from the old to new hands. These were responsible for their country's welfare. Those at most, could only prematurely delineate the auxiliaries of the future government, nor was there for this sufficient time. In every view it ought to have been left to the new Executive, or a selection made of some of its friends. It was deeply pledged, and on the most obvious principles of common justice, should have chosen for itself, or have had assignees for its aid, a few believers in the principles of its measures. This heretofore has been the creed to an unlimited and unwarranted extent, sanctioned by a practice of many years. The friends of Washington were appointed to the offices of government. Indeed he had no enemies. The friends of Adams and of his measures exercised exclusively all the executive, judicial, and ministerial powers in the union. This doctrine has been inculcated as indispensable to a political existence; and strange to believe, and mortifying and humiliating to relate, it had spread and pervaded corporations the most incon siderable. Not a passage for a shad or an alewife up a river could be regulated, not a common shore opened, not a hog be driven to the pound, but by an officer who was federal. It is libelous to proceed. Let the records of our towns blush for the fact. It was in nature impossible, from the circumstance of time, that any of the numerous persons nominated to office under the two judiciary laws of the last Congress, should act in concert with the administration which nominated them. This was not contemplated—The object ought to have been an assistance of friendship to the President elect. Consistency required it—He was the people's constituted choice. But the principle, which had become a federal maxim, of delegating the powers of government exclusively to the friends of the administration, was all on a sudden forgotten; or if recollected, it was only proper, when power was in the hands of certain individuals, and applicable only to one set of rulers. It was no longer true that friends must administer the government! The jacobinical distinction, detested by federalists, between the friends to the government and the friends to its administration, was now perfectly understood, and the political machine which was whirling with such a momentum of dangerous motion, from its past velocities, as to prostrate all obstructions to its progress, was screwed up to a full greater tone. Opposition having failed in its efforts to prevent a choice of a President and a ratification of the treaty, in its non-intercourse, sedition and navy acts , had every thing to do, and but little time to do it in. To preserve the government from the deprecated appointments of the administration elect, it was thought best to appoint for it, and to choose its guardians who were opposed to its wishes. Federalism was never more busy, acting in a state of double requisition. Appointments and refusals, refusals and appointments, seemed to be the order of the day. Legislators were made ministers, and judges, marshals, and attorneys remained legislators. All was right, delays were dangerous, futurity distrusted, and federalism was the supreme law of the land. It was not wise to be squeamish about means, where the end was so important. It is true, by the letter of the constitution, "No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office." It is difficult, in reference to any purpose of the disqualification, to distinguish between being appointed to an office created by a legislator, or to one made vacant by his creation of another. The mode is different, being indirect, but the thing is the same—the reason is the same. By this new contrivance of defrauding ourselves, by this ingenious method of getting round the constitution, we saw judges, marshals, and attorneys, with their commissions in their pockets, leading in the councils of the nation. We find no fault—great are the virtues of federalism; like Christian charity, it accounts for a multitude of things! Under the described circumstances was the fourth of March. Under hostile arrangements, the new administration commenced its labours. The public sentiment had become republican; but official influence was intrenched against it. Every aperture, every crevice, in the civil structure, was filled with federalism, Columbia,

providentially, alone excepted: and for her the materials were fast preparing. We have proved it was yet in the power of the President to surcease the work. Was it prudent, is the only enquiry? He had in his speech, called to view the sentiments and first principles of the federal constitution; he had promised by those to regulate his conduct; he had invited a return of social intercourse, harmony and affection; he had disapproved fixing invidious distinctions between persons differing only in opinion, but agreeing in principles. "We are all republicans, we are all federalists." The most liberal construction is, that government would endeavor to harmonize the jarring passions of citizens, and countenance goodness and ability, however differing in their opinions, by a generous confidence in the appointments to places of trust. The meaning was not, that republicans should make all the concessions; that they alone should be excluded confidence; that all the offices should be filled by opposite characters; that we were all federalists, in a discriminating sense of the word. Among brethren of the same principle, to the heirs of a common inheritance, a prudent parent, as a means of preserving harmony, and from a principle of justice, would portion to each an equal share, after bringing back to a common stock whatever had been received in advance. The commissions for the justices of the district, it is understood, when the business fell into the hands of the new administration, were in various situations, some signed, some not signed, some not made out, none completed, none recorded. Was it departing from inaugural professions, to survey with solicitude the divided situation of the district, and the consequences of granting upwards of forty commissions for the peace exclusively to one description of characters? Was it a departure to divide these offices equally among persons of different politics? Was it inconsistent with the reconciling system, to begin the work of harmony at home; and in the only district in which the experiment could be made, to reject the designation of party, and call into office indiscriminately republicans and federalists, to administer the justice of their country? Was it imprudent to disregard nominations which had been made on a plan of opposition to those who were to manage the concerns of the public? Was it not prudent to quiet the feelings of the republicans, by giving them a reasonable share in the public transactions of their own affairs? Is it imprudent in the few opportunities which present, to mix a little of the republican with the mass of different characters? Did not the President owe it to himself, to his friends, and to that country who had placed him at her head, as the protector of her honor and the supporter of her rights, to review, as far as constitutionally could be done, all those forced and sudden measures and appointments, which have been above referred to. Would it be right in him, would it be justice to the people, by a total acquiescence, to give a sanction to measures and appointments which, originating in distrust, were pushed through, under circumstances which involved reproach on a future legislature, insult on their constituents, and reflection on himself? Was it believed that prudence would be guilty of a suicide of character, by multiplying the weapons formed for its destruction? That the first acts of the executive would have been a confirmation of an insulting transaction, founded in the arrogant and imprudent pretence of his being incompetent to govern? In short, the management and the disposition of the appointments to office in the district, have given general satisfaction. Respectable persons of different politics are placed in office, others may be appointed, on the same conciliating plan. The propriety of the measure is evinced by a cheerful and meritorious acquiescence in the wise and salutary principle which dictated it. The success is so complete, that it ought to be adduced as a practical exhibition of the sentiments of the speech.
By whom, or from whom the Philadelphia printer received the communication, is not certainly known. If conjecture designates right, some appropriate questions might be asked. In that publication many severe things are said. It is not, however, our ambition to imitate the calling of hard names, to calumniate or abuse, especially as it is seen that the National Intelligencer is devoted to more useful and more pleasing purposes. How far Mr. Jefferson has exchanged suitable persons, designed to have been commissioned by Mr. Adams, for the most ignorant and ill-qualified, and how their respective characters will stand in the comparison with each other, in reference to their candor, integrity, ability, prudence and political merit, is for the world, and
for those who know the individuals, to determine. The appeal is made with confidence to heal the wound which has been given, and not to make a new one.
ALEXANDRIA, April 23. Yesterday was the day designated by law for the election of members of the House of Representatives of the United States, and members of the state legislature in the commonwealth of Virginia. The following was the state of the poll last evening at lun-set, at the court-house of Fairfax county:
  For a member of the House of Representatives for the district composed of Fairfax, Prince William and Loudoun,   Richard Brent, repub. cand. 125   Leven Powell, fed. cand. 64   For members of the House of Delegates for the county of Fairfax,   Nicholas Fitzhugh, 142   Henry Rose, 111   Edward Dulin, 67   Coleman, 47 
A complete Assortment of Sheathing Copper, Bolts and Nails, is just received, and for sale by WILSONS & MARIS, No. 105, Market Street. Baltimore, April 24, 1801. 7t
REMOVAL. The subscriber has removed to Mr. Voss's house near the Pennsylvania Avenue, where a few BOARDERS can be accommodated. ROBERT W. PEACOCK. April 24, 1801. 3t
NOTICE. THE President and Trustees of Charlotte Hall School in St. Mary's County, Maryland, will proceed to the appointment of a Vice Principal in said School, on Monday the 11th of May next: the salary attached to the above appointment is two hundred and fifty pounds per annum. The persons applying for the said appointment, must be qualified to teach the Latin and Greek grammatically, and the French language—They must also produce satisfactory testimonials of their moral character. Signed by Order, NEALE H. SHAW, Reg. N.B. The next quarterly meeting of the Trustees will be held on the 11th of May—when it is hoped and expected that the Trustees will generally attend. N. H. S. Reg. Cool Springs, April 24, 1801.
Ten Dollars Reward. RAN away, a negro boy, named DICK , about nineteen years of age, about five feet six or seven inches high, slender built, has a large scar on one cheek of a burn, which reaches up over his eye so as to disfigure the eye a little, of a yellowish complexion, not to be a mulatto; he had on a pair of blue cloth pantaloons, a sailor jacket of blue, a large wool hat about half worn, a good pair of shoes, and took with him a leather apron, he has belonged to Mr. Richardson Stuart of Baltimore, five or six years past, and worked in his shop at making nails, which business he is tolerably well acquainted with. He left me between Alexandria and George-Town. I expect he will endeavour to get to Baltimore to his mother. Any person securing him, so that either Charles Rogers of George-Town, Richardson Stuart, or Archibald Shaw, of Baltimore; or me the subscriber in Wilks county, North-Carolina, shall receive the above reward. ANDREW ERWIN. April 20. 6t
To be sold to the highest bidder, at Montgomery Court-house Maryland, on Monday the 6th April next, and terms made known on said day.
THE following Tracts of Land adjoining, well adapted to farming and planting with a sufficiency of wood land, in a beautiful and healthy part of the Country, 4 miles from the above named Court House, and 18 from the City of Washington. One called Earnhill containing 205 3/4 Acres, on which is a framed dwelling house 24 by 16 feet, with two brick chimneys, a Barn 60 by 24 feet, shingled roof, & Shedded all round a Kitchen and other convenient houses—Apple and Peach Orchards, 10 or 12 Acres of Meadow is well set with Timothy, and more can be made. The other Wickhams goodeville, containing 271 1/2 Acres, on which is a Framed Dwelling House, 20 by 16 feet, Kitchen, stone milk House 12 feet square—Tobacco and other houses, 12 or 15 Acres of Meadow well set in Timothy, and 70 Acres more can be made. A never failing stream runs through said land, so that the meadows may be watered with ease. Also on the first day of May next, will be offered at Mr. Tunnicliff's Tavern; one, the most Westerly of the Old Six buildings in the City of Washington, now occupied by Mr. John Coyle. HONORE MARLIN. Montgomery County, } 17th March, 1801. tM
FOR SALE, A young Negro Girl, About 15 years old—Apply at this office. April 22, 1801. tf
FOR SALE, THREE BRICK HOUSES, Opposite the Navy Office—They are three stories high, with two parlours on the first floor. Immediate possession may be given. Enquire of WILLIAM DYER , either at the above-mentioned buildings, or at his house on I street, north of the new War Office. April 17, 1801. tf.
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 stable sufficient for 60 horses—They hope to merit public patronage. City of Washington, Nov. 24, 1800. tf
A PREMIUM of 100 dollars will be given to any Person who will exhibit the best Plan of BARRACKS, for the Marines, sufficient to hold 500 men, with their officers, and of a House for the commandant. The Plan must be so drawn as to be capable of being hereafter enlarged, and must be so arranged as to suit the dimensions of the Lot, which has an East and West front of 615 feet, and a North and South front of 250—The plans must be all lodged at the Navy Office before 1st May. April 3, 1801.
Public Sale of LOTS, IN WASHINGTON CITY. WILL be Sold at Public Auction, to the highest bidder, on Friday the 1st day of May next, at William Tunnicliff's Hotel. Two Hundred Lots, situated Eastward of the Capitol and near to the Eastern Branch Ferry—he 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. tMay
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 STICKNEY. At his building opposite Rhodes Tavern President's Square. Washington, March 2, 1801. eod tf
To LET. THE HOUSE opposite the GREAT HOTEL, now occupied by Kid, Elliot & Co.—For terms apply at said House. March 23, 1801. tw6w
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.
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. Washington Feb. 4, 1801.
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 Richards's wharf, A QUANTITY OF ASSORTED LUMBER, viz. One and 1-4 inch, 1 1-8, and 1 do. Yellow pine heart boards—1 inch pannel, 1 1-4 do. for floors, 1 do. common, white pine do—2 do. 1 1-4 and 2 1-2 do planks, 1 do. 1-8, and 2-8 do. boards, black walnut—2 do. plank, 3 do. 1-2 do. pannel boards, bedstead sets, poplar the whole of the above are well seasoned and fit for use]—Clear heart pine, and sap pine white oak, and bilstead, hemlock and white pine scantling, assorted—best kind three feet cedar shingles, dressed and undressed, do. two feet white pine do.; do. 18 inch cypress do—Sedar 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 by 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 stocks—5000 feet of sicksome 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. 17 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 land.
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 comestable 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
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, seamen'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. Herty's Abridgment of the laws of Maryland, approved and sanctioned by the Attorney General and Legislature of Maryland, may be had at at the above office, price Six Dollars neatly bound and lettered; also Herty's Digest of the Laws of the United States, price Three Dollars, neatly bound and lettered. December, 1800. twtf
ADDRESS OF JUDGE KILTY To the GRAND JURY of Alexandria County.
Gentlemen of the Grand Jury, In addressing you for the first time, as the Grand Inquest for the body of Alexandria county, in the district of Columbia, I consider it my duty to explain to you the nature and extent of the services which you are called to execute, and to point out the manner in which they should be performed.
But before I enter upon this detail, it may be proper to take a review of the several laws which have led to the establishment of the district of Columbia, and of the circuit court therein, which is now opened, and to which you have been summoned.
When the constitution of the United States was about to be formed it appeared to be essential that the seat of government should be established, and that it should be transferred from the jurisdiction of the several states to that of the Federal authority.
It was accordingly declared by the 8th section of the 1st article of the constitution, that congress should have power "to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as might by cession of particular states, and the acceptance of congress, become the seat of the government of the United States."
The state of Maryland by an act passed at November session 1788, empowered her representatives to cede to the congress of the United States any district in that state (not exceeding ten miles square) which the Congress might fix upon and accept for the seat of government of the United States; and the commonwealth of Virginia, by an act passed in December 1789, declared that a tract of country, not exceeding ten miles square, or any lesser quantity to be located within the limits of that state, and in any part thereof, as Congress might by law direct, should be, and that the same was thereby for ever ceded and relinquished to the Congress and government of the United States.

In consequence of these cessions an act was passed by Congress in July 1790, for establishing the permanent and temporary seat of government, which declared, that a district of territory, to be located on the river Potomac, at some place between the mouths of the Eastern Branch and Conno-geheque was thereby accepted for the permanent seat of the government of the United States—and in March 1791, an act was passed, in part repealing the former, and declaring that it should be lawful for the president to make any part of the territory below the Eastern Branch, and above the mouth of Hunting Creek, a part of the said district, so as to include a convenient part of the Eastern Branch, and of the lands lying on the lower side thereof, and also the town of Alexandria.
By a proclamation dated the 3d of March 1791, the president declared and made known the location of the territory within the lines therein described, which was afterwards forever ceded and relinquished on the part of the state of Maryland, by an act passed at November session, 1791.
In these several acts of cession and acceptance it was provided, that the operation of the state laws should not thereby be affected, until the time fixed for the removal of the government thereto, and until Congress should otherwise by law provide.
That time has arrived—on the first Monday in December, in the year 1800, the seat of the government of the United States was by law transferred to the district and place thus established; and Congress has provided otherwise for its government.
This event so noble in its nature, so important in its effects, may excite sentiments solemn and awful indeed, but not those of compunction or regret.
It was the consequence of voluntary offers, and of wished-for acceptance.
It separates from each state, a part of its soil, and a portion of its citizens; but it forms a community, compact in situation, united in interest, and happily placed on that centre from which must emanate the collected wisdom of United America.
It forms a new era of our political existence, which, I may be permitted to say, opens with an auspicious aspect. We behold our country rich in her industry and enterprize, and advancing in prosperity. We see the prospect of a peaceful and honourable termination of our external differences; and we contemplate in the establishment of the seat of the general government a sure cement of the federal union.
In those acts which are to be the objects of juridical regulations, our course is yet in its commencement. The records of our courts are yet unstained with the recital of a crime: and although the nature of man forbids us to expect an exemption from the common lot, yet let us hope that an early attention may secure us from many of the evils to which a populous society is subject.
While each individual, in his station, is sedulous to perform duties enjoined by religion, by morality, and the laws—while justice is impartially administered—while vice is discouraged, and the commission of offences is prevented or punished—while the protecting hand of government is extended for our aid, in our general and local concerns—we may bid fair to enjoy that degree of political and social happiness, for the attainment of which civil society is formed, and which the citizens of a great, a free, and rising nation have a right to expect.
It rested with the wisdom of congress in what manner to exercise that exclusive legislation over the district ceded to them, which the constitution imparted; and the manner and extent in which their power has as yet been used, will be seen in the act under which we are now assembled, entitled “An act concerning the District of Columbia,” and an act supplementary thereto.
I shall call your attention to those parts of the acts which more immediately relate to the district on the western, or the Virginia side of the Potomac river.
The first section declares “That the laws of the state of Virginia, as they now exist, shall be and continue in force in that part of the district of Columbia, which was ceded by the said state.”
The 2d section provides that the district of Columbia shall be divided into two counties, one of which shall contain all that part of the said district which lies on the west side of Potomac river, and shall be called the county of Alexandria, and provides also, that the said river shall be deemed to be within both of the counties.
By the 3d section, a court is instituted for the whole district, under the style of the “Circuit Court of Columbia”—and provision is made for the appointment of judges and clerks.
The 5th section defining the jurisdiction declares, “That the said court shall have
cognizance of all crimes and offences committed within said district;” and (as connected with this part of the law) I shall here notice the 3d section of the supplementary act, which declares—That all felonies committed within the county of Alexandria shall be punished in the same manner as such crimes were punishable by the laws of Virginia, as they existed prior to the year 1796—and that this court shall possess and exercise the same power and jurisdiction, civil and criminal, as is now possessed and exercised by the district courts of Virginia.
The 5th section of the act concerning the district of Columbia, also gives to the court a cognizance of all seizures on land or water, and all penalties and forfeitures made, arising, or accruing under the laws of the United States.
The other parts of these acts requiring to be remarked on at this time, are those by which a marshal and attorney for the district are appointed;
The means pursued for the preservation of the peace by the appointment of magistrates, and the cognizance given to them of certain personal demands;
The establishment of an orphan’s court and a register of wills in each county;
The continuance over of all proceedings existing in the court of hittings for the town of Alexandria to the circuit court now held;
The power given to this court respecting constables, inspectors, and the inspection of tobacco and flour, surveyors, mills, high-ways, and ferries for the county of Alexandria, being such as have heretofore been vested in the county courts of the commonwealth of Virginia—and the manner of recovering fines, penalties, and forfeitures accruing under the laws of Virginia, which by adoption have become the laws of this district.
It remains to enquire in what manner justice is to be administered under these laws, and in what manner the introduction of juries is to be applied to that purpose.
The trial by jury both in civil and criminal cases is with us so well understood, and so highly appreciated, that no encomiums from the bench can heighten its excellence or ensure your veneration for it.
In civil cases it stands confessed as the surest criterion for the determination of facts, and in criminal cases it may justly be pronounced a strong palladium of the lives, liberties, and property of the people. It is doubtful whether in either instance its existence ought to be endangered by an endeavour to remedy any defects so greatly counterbalanced.
An examination of the constitution and laws will shew us in what manner this mode of trial is secured to us. By the 2d section of the 3d article of the constitution it is declared that the trial of all crimes except in cases of impeachment shall be by jury, and by the 8th article of the amendments which have become a part of the constitution it is declared that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district where in the crime shall have been committed which district shall have been previously ascertained by law; and by the seventh article it is provided that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces, or in the militia when in actual service in time of war and public danger.
By the 2d section of the 3d article of the constitution it is declared that in all the other cases therein before mentioned, the supreme court should have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the congress should make; but by the 9th article of the amendments, this power is withdrawn, and it is provided that in suits at common law where the value in controversy shall exceed 20 dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.
The act to establish the judicial courts passed in September 1789, declares that the trial of issues in the district courts in all causes except civil causes, of admiralty and maritime jurisdiction, shall be by jury: a similar provision was made by the same act as to the circuit courts then existing, and the act passed at the last session to provide for the more convenient organization of the courts of the United States declares that the trial of all issues of fact before any of the circuit courts thereby established, except in cases of equity and admiralty and maritime jurisdiction, shall be by jury.
The laws of Virginia have also provided
for the summoning and impanelling of juries for the trial of all crimes in the courts where a jury may be necessary.
Although the objects of this address are more particularly applicable to you, gentlemen, as grand jurors, I shall premised some observations on the duty and power of the petit jury.
The unanimous verdict which the jury are to give on the issue submitted to their determination, should be the impartial result of the testimony adduced to them; and they are the sole judges of its credibility. But it is within the province of the court to determine on the competence of the evidence proposed to be offered. It is also the practice, that if a juror knows anything of the matter in issue, he may be sworn as a witness, and give his evidence publicly in court.
In civil cases, it is the province of the jury to determine on matters of fact, and of the court to determine on matters of law, and it seems most consonant to the ends of justice, that this division should be mutually adhered to.
In criminal cases the jury, in the exercise of their right of determining upon all the circumstances, and finding a general verdict, may judge of the law and the fact; and there is no instance of a new trial having been granted where the party was acquitted upon the first.
It may, indeed, be safely asserted, that although the jury, where they doubt the matter of law, and choose to leave it to the determination of the court, may find a special verdict; yet that this inestimable mode of trial is most likely to be preserved by the exercise of that full power which embraces a consideration of every circumstance before a decision is pronounced, as to the life, the liberty, or property of a fellow creature.
I shall only add here that by the eighth article of the amendments to the constitution, the accused shall enjoy the right to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him—to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence.
Permit me to call again to your recollection, the seventh article of the amendments to the constitution, which declares that no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury (with the exception therein mentioned.)
The same principles are found in the declaration of rights made by the convention of Virginia, which provides, “That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favour, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty.”
In furtherance of these just and humane provisions, and in pursuance of the mode of designating jurors resulting from the laws of the commonwealth of Virginia, and of the United States, you have been selected from the different parts of the county of Alexandria to perform the high and respectable duty of grand jurors.
The institution of grand juries is ancient, honorable, and useful—it substitutes the commendable duty of vigilance to the odious which might attach on busy informers—It opposes a barrier to the dangerous hope of impunity—it is equally a shield to the innocent and a terror to the guilty; and forms the strongest guard to our internal peace, happiness, and safety.
In addressing men of respectable characters, drawn from the different parts of the county, I feel no doubt of their disposition to perform the duties of their station with fidelity and zeal, proportioned to the obligation imposed on them; an obligation sanctioned by the addition of a solemn oath.
The terms of the oath which you have taken are impressive in themselves, and point out with accuracy, what should be the general tenor of your conduct.
It becomes your duty to enquire diligently as to the commission of crimes and offences within your cognizance, and with that view to procure the assistance of such testimony as may appear requisite for the purpose; but this diligence should be correspondent to the objects for which you are selected, and should not be used for any trifling or vexatious purpose.
The presentments which you may make must be true; by which I understand, that you are not only to avoid the presentment of what you may know to be otherwise, but that you ought to be fully satisfied, as far as the evidence before you goes, of the truth of the fact alleged as
forming a sufficient cause to call upon the party to answer it before a jury of his country.—And this degree of proof appears the more necessary, as it is declared to be the law that you are to hear evidence on the part of the prosecution only.
By seeking the truth alone as your guide, you will give effect to that just and humane provision, which ordains, that no man shall be convicted, unless by the unanimous voice of twenty-four of his fellow men. And as on the one hand you will not let the guilty go undiscovered or unpunished, you will not on the other, by a misguided zeal, subject the innocent to the trouble, disgrace, and expence of a causeless prosecution.
Considering you as acting in a public station, and for the public good, it seems almost unnecessary to repeat, that you are to present no one from malice or ill-will, and leave no one unrepresented through fear, favor, or affection.
It would be prostituting the institutions of justice to purposes the most unworthy, if they were to be made the instruments of malice, oppression, or revenge, & I feel no apprehension of such a departure from your duty.
I consider it essential to the proper discharge of your trust, that your proceedings should be secret; and with this view, that the witnesses should be separately examined: different conduct might afford an opportunity to the accused to escape, or to remove the evidences of his guilt, and might subject yourselves to the malevolence or resentment of those whom your duty might compel you to accuse.
The law of Virginia concerning grand juries requires that the number impanelled should be sixteen, at least; but the concurrence of any twelve (and not less) will be sufficient to make a presentment or indictment.
The same law declares, that the grand jury shall present such offences, and breaches only as shall have been committed within the space of twelve months, unless the same be otherwise directed by law.
It is also enacted that no grand jury shall make presentment of their own knowledge upon information of fewer than two of their own body, and that the names of the grand-jury-men giving the information shall be endorsed at the foot of the presentment.
When any presentment, information, or indictment shall be made on the testimony of a witness, the name of such witness is likewise directed to be endorsed thereon.
By the laws under which you are called to this service, a wide scope is given to your enquiries.
They will extend to all crimes and offences committed within your district cognizable under the authority of the United States, and punishable by the laws of Virginia as they existed prior to the year 1796; to all penalties and forfeitures made, arising, or accruing under the laws of the United States; and to all fines, penalties, and forfeitures accruing under the laws of Virginia, which, by adoption, have become the laws of this district.
I deem it unnecessary to enter into a detail of those crimes and offences, because you will in all matters of difficulty or doubt apply to the court or to the attorney of the district for advice and instruction. But there are several acts of the commonwealth of Virginia which are directed to be given to you in charge: These are.—
“An act reducing into one, the several acts to prevent unlawful gaming.”
“An act for regulating ordinaries and restraint of tippling houses.”
“An act to amend the act for preventing unlawful gaming, for the suppression of the tables called the A B C, and E O tables, and Billiard-tables.”
“An act concerning ordinaries and ordinary rates.”
“An act concerning profane swearing.”
“An act concerning drunkards and sabbath breakers.”
“An act concerning disturbers of religious worship.”
“An act concerning adultery and fornication.”
“An act concerning high-ways and officers of roads.”
“An act concerning lotteries drawn without an act of the state authorising the same:”—and
“An act concerning nuisances.”
You will now gentlemen, retire to your chamber, and I trust that your execution of the duties committed to you will be such as to be honorable to yourselves and useful to the public.