The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-06-26 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. CII.
FIVE DOLLS. PER ANN.
FRIDAY, JUNE 26th, 1801.
PAID IN ADVANCE.
BRITISH HOUSE OF COMMONS.
WEDNESDAY, April 29.
WEST-INDIA PRIZE COURTS.
Sir William Scott said, he rose in pursuance of the notice he had given, to move for leave to bring in a bill for the better regulation of his majesty's prize courts in the West-Indies. On the importance of this subject it was unnecessary for him to trouble the house, neither was it necessary for him to enforce the propriety of adopting the best regulations for the government of these courts, because he was sure the house would feel, that while we were enforcing our own rights, we ought to respect those of other nations. When the courts to which he alluded were first established, our commerce in that quarter of the world was very trifling. America, at that time, composed a part of the British empire, but she was now an independent and neutral state, whose friendship was of great importance to this country. She possessed a great commerce and therefore it was necessary to attend more particularly to the decision of prize causes in that part of the world. The defects which experience had proved to exist in the constitution of those courts, rendered it an indispensable duty upon this country to make some alteration in them. But when he said this, he begged to enter a strong protest against an opinion which had been circulated, that it was the errors of those courts which had led to that hostile confederacy, which had been formed against us. The decisions of these courts could not have been the cause of that confederacy, because, in fact the commerce of those powers, by whom it was composed, was but very little affected by them. The trade of Denmark and Sweden, in that part of the world, was extremely small. The trade of Prussia was insignificance itself, and that of Russia absolutely nothing. The only power who had any reason to complain of the decisions of those courts, was America, and she did not belong to the confederacy. He then himself bound in justice to his majesty's late ministers, to state that they had, upon all occasions, manifested the greatest desire to remove every just cause of complaint. It was, however, of great importance, that some alteration should take place in the nature of the jurisdictions, and that instead of the numerous courts now existing in the West-Indies, there should be but two; the one in Jamaica, the other in Martinique, and one on the continent of America, in Halifax.
This reduction, he hoped, would produce the most favorable effects, because it could not be denied but that it sometimes happened, that persons were appointed to preside in them who were not altogether fit for the situation. He did not wish to throw out any indiscriminate censure, because many of those persons ought to be spoken of with great respect. But it was to be recollected that their emoluments depended entirely upon the quantity of business they had in those courts, and that they had nothing to do whatever in time of peace; it was not very surprising that they should be rather unprepared at the commencement of a war, and he had, in general, found, that the talents that were to be purchased cheaply, were seldom worth much. As the profits of these courts depended upon the quantity of business which they had, and as cruisers had a right to take their prizes to what court they pleased, it undoubtedly might lead to an undue facility of condemnation, which it was the object of this bill to prevent. Another benefit that would result from this measure was, that when the number of courts were reduced, there would be less danger of eluding this process, by removing from one island to another. Besides, there was reason to hope, that, after this regulation, the courts would be attended by a more respectable bar of advocates; for it now appeared, that suitors were sometimes obliged to bring advocates from one island to another. It was also an object of great importance, that the registers and other officers, should be placed beyond the reach of corruption. If these principles were supported by regulations
that would give them due energy, he had no doubt but that every ground of complaint would be done away. In the first place, it would be necessary that the persons appointed to preside in these courts, should be men of knowledge and experience in this kind of business, and also men of unquestionable character; and it would remain for Parliament to decide what salary they ought to have; undoubtedly it ought to be one that would place them out of the reach of corruption. There were some other regulations which this bill would contain, such as arrangements in cases where his majesty's cruisers being stationed, might not be able to go to the islands where the courts were. Another regulation was to enable the judge to dispatch the cargoes to Europe to be sold because, by selling them in the West-Indies, they did not bring half their value. He concluded with moving for leave to bring in a Bill for the better regulation of his majesty's prize courts in America and the West-Indies, and for giving a more speedy execution to the decrees of the Lords Commissioners of the appeal.
The Chancellor of the Exchequer seconded the motion.
Mr. Johnston said, that after the very full and able manner in which the learned gentleman had treated this subject, he would only trouble the house with a few observations. It appeared to him that the misconduct of these courts was greater than had been stated, and as a proof his assertion, he begged to refer to the papers which had been laid upon the table. If gentlemen would examine these papers, they would see, that out of three hundred and eighteen causes, not above thirty-five had been confirmed by the court of appeal in England; a very great number of causes remained for hearing, and supposing the number of reversals were in the proportion he had before stated, then it would follow, that there must have been an immense quantity of neutral property unjustly detained by this country. He was far from throwing any blame upon the courts in this country, but even by reverting the decrees of the courts abroad they could not do ample justice to the parties, because when the cargo was sold in the West-Indies, the party could not recover above half the value. He lamented that ministers, who must have known of the improper conduct of these courts, should have suffered it to continue so long without attempting to propose some remedy. The conduct adopted by this country, was certainly one that she would not have submitted to in others; and it should be recollected that in the reign of Queen Elizabeth , we maintained the very proposition for which the northern powers were now contending, viz. that free bottoms made free goods, and therefore it was obvious that the northern powers were acting exactly as we should have done. It had been said, that America did not form a part of the confederacy against us, but he wished to ask, whether she had not adopted the conduct which these powers adopted before they entered into the confederacy, viz. sending their vessels under a convoy?—If any of our cruisers had, under these circumstances, attempted to search them, it might have driven them into the confederacy. There was an establishment which had been at the island of Ceylon, where there had never been an establishment of a prize court since that island was in the possession of Europeans. There had been judges, registers, &c. appointed with very large salaries. He was, however, glad to find that government was now disposed to act upon those principles of moderation which the chancellor of the exchequer had manifested upon a former occasion, and he hoped that some regulations would be made in order to accelerate the proceedings in the courts of appeal.
Dr. Laurence said, that as there was no difference of opinion upon this question, it would not be necessary for him to trespass long upon the attention of the house. Many of the observations which had fallen from the hon. gentleman, arose from his being unacquainted with the nature of the business, and it was impossible that he should acquire full information from the pa-
pers which were laid before the house. The hon. gentleman seemed to think that nothing had been done to remedy the inconveniences arising from the abuses which existed, but in point of fact, orders had been sent out, calculated as much as possible, to counteract them, but cases were constantly arising which no human prudence could foresee. The decisions which took place at the commencement of the war, were such as were consistent with the regulations previously existing, and the first sweep of condemnations took place before the orders sent from this country reached the West-Indies; and it certainly was necessary to take some time for consideration, before a change was made in the whole system upon which we had hitherto acted. As to the delay which had taken place, the hon. gentleman should recollect, that a considerable time must necessarily elapse before the appeals could come over to this country, and before all the necessary papers and documents could be brought over. If the gentleman could suggest any means by which decisions could be accelerated, it would give him great pleasure; but he was sure, that no court in this country had proceeded more indefatigably than the one in question, and that not the smallest unnecessary delay had taken place. He perfectly agreed, that the abuse which might have happened in the West-Indies, could have had very little effect in producing the northern confederacy, because their commerce was but very little affected by it. But it had been stated, that America, like the other powers, had appointed convoys; that, however, was at a time when America was involved in a dispute with France, and orders were given to her convoy to permit English cruisers to search. He concluded with stating, that he highly approved of this measure, because it ultimately we were driven to appeal to the god of battles, in support of right, it was proper that we should have the god of justice on our side.
England, too, possesses different manufactures of canvases, ropes, thread, linen, &c. having flax and hemp for their raw materials. But its supplies, whether to be consumed at home or to be exported, come from Scotland, from Ireland, Flanders, France, Holland, Germany, Denmark, Sweden, Russia.—Our consumption, with our exports to the East and West-Indies, are thus furnished. Our finer linen fabrics are chiefly from France and Flanders; we have our coarser ones from Russia and Germany; Ireland and Scotland give those of middle fineness, and of the most common use in dress.
It is undeniable, that we suffer ourselves to depend far too much on foreign countries for this grand article of consumption and commerce. The cotton manufacture, however profitable, should not be allowed so remarkably to supersede that of linen. One might even doubt, whether it would not be to the advantage of the Empire, if the Legislature should adopt decisive measures to oblige every farmer to sow flax and hemp-seed on one out of every ten or twenty acres which he has under tillage?
Lord Hawkesbury (Minister for foreign affairs) said, he felt that there was some ground of complaint respecting the abuses which existed, and that it was therefore, necessary to apply a remedy to them; at the same time he agreed with his learned friend, that the states most aggrieved were not those with whom he had been on the eve of a contest; and he believed in point of fact, that no persons had been more aggrieved by the decisions of those courts than his majesty's subjects. The hon. gentleman, however, seemed to infer, that the present dispute must have originated in some abuses of this kind; but he would positively assert, that whatever complaints were made, full and ample satisfaction was offered, and that his majesty's ministers were ready to listen to every representation, and to give every redress. Even at the very time when they were expressing their determination to support those principles which they conceived essential to the interest and dignity of this country, they professed and declared their willingness to adopt any regulations which those states
might think less galling and inconvenient, provided they were not inconsistent with the great principles for which they were contending. He thought it right to explain himself thus much, because though the abuses might be exaggerated, there certainly was some ground of complaint. It was not his intention now to go into the circumstances which led to the present dispute, but in answer to the observation, that the house had been called upon to sanction the conduct of ministers, without having sufficient evidence before them, he begged to state, that the house was not called upon to give any opinion on the conduct of ministers; the only question which the house was called upon to decide, whether the principle for which they were contending, was one which it was the duty and interest of parliament to maintain. As to any communication upon this subject at the present moment, he would state his sentiments to the house. He should not have the smallest objection to all the information being laid before parliament, because he was sure that no blame could be attached to the king's ministers. His only reason for opposing its production now, was, that a negotiation of great importance was pending, and as there was great reason to hope it might put an end to the dispute between this country and all these powers, he left it to the house to consider, whether, under these circumstances it would be right to bring forward these communications now, and, to enter into all the necessary discussions and explanations—This was his only objection to laying them before the house; the day would come when the conduct of ministers might be examined into; and when it did come, it would, he was sure, appear that ministers had faithfully performed their duty.
Mr. Nichols was of opinion, that the conduct of our vice-admiralty courts abroad, had contributed more than anything beside, to render the maritime right, which we insisted on, odious to foreign nations. He believed that the Americans had been disgusted on the same account, for he had heard, that when their vessels were detained, during the early period of the war, that they rather chose to abandon making any claims, than to submit to the delay, expence and vexation, of making them in our courts. Now that the subject was brought forward, he hoped that the hon. and learned gentleman would consider the necessity of revising the whole system of prize causes, so as to prevent foreign nations from having any cause of complaint, and he would suggest the necessity of determining that no judge in any of the vice-admiralty courts should derive any emolument from the condemnation of prize vessels, as well as that no one who had not taken a decree in our courts of civil law, or been admitted to the bar in the English courts, should preside in these courts.
Mr. Hobhouse did not think that the hon. and learned gentleman who had made the present motion had satisfactorily accounted for the long delay of calling the attention of the house and the public, to a subject of so great importance; it was not brought forward till after nine years of war. It was using too mild a term to call the gross abuses which had been practised in the vice-admiralty courts, by the name of errors. From the facility with which prizes had been condemned in the West-India islands, he verily believed that the judges there were corrupt, that they had shares of property in the cruisers, and that when vessels were brought in, they were rather disposed to condemn than to restore them to the right owner. This he inferred from the great number of sentences which had been reversed upon appeals to this country. For one cause which had been affirmed, twenty had been reversed. The wrong decisions in these courts, together with the expence and delay attending causes of appeal, he believed had their share, along with other causes, of producing the northern confederacy. Mr. Hobhouse then proceeded to speak highly in praise of the talents, impartiality, and assiduity of the learned judge of admiralty (Sir W. Scott). With regard to what the noble lord had

said as to the offers made to Foreign powers for correcting these decisions of the vice-admiralty courts, he believed that such offers were not made till our fleet had proceeded to the attack of Copenhagen.
Sir W. Scott spoke in explanation. He said, that he did not believe abuses had existed to the extent that was supposed. The number of sentences reversed, was by no means a just criterion by which to judge of such abuses. With regard to the delay, he declared it was the intention of his majesty's former ministers to bring the subject forward; and so far as it rested with him, gentlemen might not be aware how difficult a matter it was to bring forward such alterations, as could be put into execution, and in a matter wherein the king's prerogative was concerned.
Mr. Johnson, Dr. Lawrence and Mr. Nicols, severally spoke in explanation.
Mr. Wilberforce vindicated the admiralty court in this country with regard to the expence and delay attending causes in that court. The learned judge (Sir W. Scott) who presided, had got through a great mass of business after entering into the office, which scarcely any other man could have done, and which served to promote the speedier decision of causes in future.
Mr. Martin said a few words, and Mr. Wilberforce explained.
Leave was then given to bring in a bill.
LONDON, May 2.
To the accounts inserted in the Courier yesterday of the defeat of the French in Egypt, we have to add the following particulars:
The important intelligence was sent by Mr. Tooke, the India company's agent, at Constantinople. Two messengers were despatched with it; one was directed to proceed by Berlin, and Lord Garryfort was requested to forward the dispatches of which he was the bearer with the utmost possible expedition. The advices from Lord Garryfort and Mr. Garlike, were only short accounts of the intelligence contained in Mr. Tooke's dispatches. The Packet in which they came from Cuxhaven, arrived at Harwick in 48 hours. Soon after they were opened at the East-India House, a Bulletin was transmitted to Lloyd's, where it was received with three cheers.
A paper of yesterday reports, that by the overland dispatch which arrived at the East-India House, intelligence was received of rear admiral Blanket having failed from Bombay on the 28th Dec. with a part of his squadron, and the troops from Bombay destined to act in Egypt. The rest of the force was assembled at Trincomalee, under the command of gen. Baird, and was expected to sail early in January. The whole, it was hoped, would land at Suez before the end of February.
LONDON May 4.
Lord St. Helen's sets off this day for Yarmouth, there to embark on board the Latona frigate, for St. Petersburg. His lordship will be accompanied by a son of Worenzow. It is believed that his lordship is furnished with full powers to accommodate the misunderstanding with Sweden and Denmark, as well as Russia.
The Hamburg mail due yesterday arrived in course. After having stated the nature of the dispatches received by government from the northern ports, the mail, it may be supposed, cannot furnish us with any intelligence that is not of inferior interest. The facts, however, corroborative of the return of a favorable disposition in all the northern powers towards this country are very strong. The prince of Hesse has given notice to the Hamburgers, that the Danes were to evacuate their city in the course of the present week. The Carlsrone article is of considerable importance, and the return of Sir Hyde Parker to Copenhagen is a strong proof that the terms on which the matters in dispute are to be settled are well understood by all parties.
The Copenhagen letters contain the propositions which are to decide the question of search; and the Peterburgh article gives an Ukase for re-conducting our sailors, at the expence of the Russian government, to the several ports whence they were taken.
In the packet which brought over the mail, capt. Brodie arrived with dispatches from Admiral Parker, announcing his return to Copenhagen, and we understand the adjustment of the preliminaries of our differences with Russia and Sweden.
Letters from Peterburgh of the 7th and others from the Russian frontiers of the 16th happily confirm the removal of the sequestration on British property, the dismissal of the commission of liquidation, and the restoration of trade between Russia and Great Britain.
Though the property sequestrated had not yet been restored to the English owners, the commercial department, at Peterburgh, Riga, and in other places, was most actively employed in making out the instruments of restitution in due legal form.
The price of all kind of grain, has during the week, experienced a further reduction. Wheat during the month, has fallen on the average 45s. per quarter, rye 36s. barley 30s. oats 28s. per quarter, and flour 20s. per sack; and we are warranted, by a knowledge of the extraordinary hoards of grain in the country, the large supplies hourly arriving, and expected from America and the north, and the uncommon promise of the coming crop, to anticipate a considerably greater declension of prices.
Government yesterday received the most satisfactory intelligence which has for a great length of time reached from the northern courts. We understand that before the naval victory gained on the 2d of April, off Copenhagen, was known at Peterburgh, count Paulsen had written to the Russian ambassador in Denmark to take immediate measures with admiral Parker, to induce him to suspend all hostilities against Denmark, as it was the intention of his imperial majesty to bring back, as soon as possible, the relative situation of England and Russia to the point where it was before the late differences.
This fact, as gratifying as it is important, justifies all those hopes which we from the first moment formed of the amicable disposition and the political wisdom of the emperor Alexander. Every one must readily see that it is calculated to put an end, in a manner favorable to our interests, not only to our differences with the north, but also to the contest which we have hitherto maintained with so much glory against France.
CARLSCRONA, April 23. (BY EXPRESS.)
On the 19th inst. the English appeared off the entrance of this harbour, and sent a frigate with a flag of truce, and a letter in the English language to the governor, of which the following are the contents.
On board the London, 18th April 1801.
"The Danish Court having been induced to conclude an armistice, by which the unfortunate disputes between the courts of Denmark and St. James's have been accommodated, and as I am directed to require an explicit declaration from the court of Sweden, relative to its intention to adhere to, or abandon the hostile measures which it has taken in conjunction with Russia, against the rights and interests of Great Britain, I have the honor to transmit to your excellency this letter, that I may receive in answer a declaration of the resolution of the court of Sweden, with respect to this important object, and shall conduct my future operations according to this answer, which I expect to receive in 48 hours."
"I have the honor to be (Signed)
HYDE PARKER. "Commander in Chief of the British fleet in the Baltic."
Vice-admiral Cronstedt, who now has the command here, by order of his Swedish Majesty, who was then at Malmo, immediately returned a provisional answer, to the following purport:
"That as only a military officer, he could not undertake to answer a question which did not come within the particular circle of his duty; but that his Swedish Majesty had declared, that he should soon be at Carlsrone, and that he would then notify to the admiral his resolution."
Yesterday afternoon his majesty arrived here, and caused the following answer to be transmitted to Admiral PARKER by Vice Admiral CRONSTEDT.
Admiral, "The King, my master, has commanded me to communicate to you the following official answer to the letter which I had the honor to receive from you, on the 18th inst."
"Convinced that your excellency is perfectly sensible of the importance and sacred nature of promises, when once made, His Majesty conceives that the following explicit declaration cannot be unexpected by your Excellency: that is, that his Swedish Majesty will not, for a moment, fail to fulfil, with fidelity and sincerity, the engagements, he has entered into with his allies; and that, without any reference to the particular intervention of another power, under whatever name it may be, and the effects of which can never be extended
to the common interests of the hitherto neutral powers."
"This is the firm, unalterable resolution of his Majesty."
"Equally induced by inclination, and by duty, to consider the affairs of his sincere allies as his own, his Swedish Majesty, however, will not refuse to listen to equitable proposals for accommodating the present dispute, made by deputies, furnished with proper authority, on the part of the King of Great-Britain, to the united northern powers."
C. O. CRONSTEDT, "Adjutant-General to his Swedish Majesty for the fleet and Commander in Chief at Carlsrone." Carlsrone, April 23, 1801.
To this answer no reply has yet been received from the English Admiral.
Our fleet, the forts and batteries, which command the entrance of the harbor, and the other preparations for defence, are in perfect order. His Majesty will to-day inspect the fleet, which lies between two forts.
COPENHAGEN, April 21.
One of the Ukases issued by the new Emperor of Russia is as follows:—"Our manufactories not having yet arrived at the necessary degree of perfection, and not being adequate to supply the wants of our Empire, it is hereby ordered, that the decree, prohibiting the importation of porcelain, earthenware, instruments made of steel and iron, silk, cotton and linen goods, be annulled, and that for the present year the regulations of 1797 shall be in force."
Oxensterna, the Swedish Envoy, has presented to our Court, a memoir relative to the armistice concluded with Great-Britain.
The Russian Ambassador here, M. Likawitch, yesterday received a Courier from his Court, with directions to declare to Admiral Parker that it was the will of the Emperor to accommodate the differences between Russia and England. A swift sailing cutter was immediately sent off to Admiral Parker in the Baltic, as the Russian fleet, having failed might meet with the English. Other instructions had likewise been sent off to the Russian fleet.
April 25.
The fleet of Admiral Parker is now returned from the Baltic. It was probably before Carlsrone, when the intelligence from Russia was communicated to Admiral Parker, signifying the wish of the Emperor to enter into an amicable accommodation of the present misunderstandings.
The proposal of M. Likawitch, was in substance, that the right of search should be recognized by the Northern Powers, with this limitation, that it should not be exercised but by public ships of war, and not by privateers or letters of marque; that when vessels were under convoy, the search should take place instanter , and in presence of an officer or other person deputed by the escort ship; that if upon investigation of papers, &c. it was thought justifiable to stop and detain a vessel, the grounds thereof should be notified by the captor to the escort. Lastly, it was proposed that it should be left to amicable negotiation to ascertain and fix what articles should be considered contraband of war.
The fleet of Admiral Dickson is in sight in the Categat. Yesterday an English Courier arrived here—He brought dispatches to our Government, and others to Admiral Parker, which were immediately sent off to the latter.
CONSTANTINOPLE, May 4.
On the 21st of March, gen. Menou, in his march from Rhamanie, with 8,000 infantry and 3,000 cavalry, was attacked and defeated by gen. Abercrombie, with the loss of 2,000 killed, and 500 prisoners.—Our loss, 500 killed, and 1,200 wounded; among the latter, generals Abercrombie, Moore, Parker, and Sir Sydney Smith.—The enemy was pursued in every direction. Aboukir had surrendered, and Alexandria was supposed by lord Keith, if not taken, on the point of surrendering. The French cavalry in the style of Mamelukes, attacked the English infantry with all the impetuosity peculiar to the Arab cavalry, but were defeated in every attack.
ST. PETERSBURGH, April 10.
The following is among the Ukases that have lately been published.
"It is ordered by us, that the English sailors and masters that were taken from the several English ships in a state of sequestration, and sent to various towns throughout our dominions, shall be set at liberty, and
carefully conducted to the several ports from whence they were taken."
The following Ukase has also appeared. "As we wish to afford our faithful subjects all means of extending their trade, which is the source of prosperity, as well for the state as individuals—We order that all the prohibitions hitherto made against the exportation of corn shall be removed, and we permit the exportation of all kinds of grain, conformably to the principles of the Tariff of 1797."
(Signed) "ALEXANDER."
MADRID, March 31.
The head quarters of our army are at Valadolid, and the plan of the campaign against Portugal, is settled with Gen. St. Cyr, who has been here some days. The Prince of peace is preparing for his departure, but the campaign will not open before the arrival of the French army.
City of Washington, June 23, 1801
I wish to employ a number of Labourers to work on the streets of Washington. They will receive good wages, punctually paid.
MIDDLETON BELT.
June 24, 1801.
BROHAWN AND BOYS,
BEG leave to inform the citizens of Washington, that they have taken Mr. N. Young's wharf, very conveniently situated to the Capitol and President's Square; where they have opened a LUMBER YARD, and expect to go pretty largely in that line of business; and in about two or three weeks will have a general assortment of the first quality of groceries that can be procured in Baltimore.
Washington June 24, 1801.
N. B. Any gentleman wishing to apply for bills of scantling of any size or dimensions, may obtain it at the shortest notice by applying as above.
The subscriber respectfully acquaints the public, that he has removed to the corner of Ninth and E streets, where he continues to manufacture and sell all kinds of Ornaments for Chimney pieces, Door Caps, Frontispieces, Metal Sashes, &c. which may also be had at his store No. 51, Barclay street, New-York, and at Mr. WILN's store, Market street, Baltimore.
GEORGE ANDREWS.
Who wishes to let a BRICK HOUSE, the west side of the President's house.
May 8, 1801.
For Sale and to Rent.
TWO elegant two story Brick DWELLING HOUSES, situate on the south side of Pennsylvania Avenue, a little to the west of the President's Square. Each house contains two parlours and passage on first floor; on second, two rooms with fire-places, and well finished garrets, cellars and kitchens. In the front of the buildings extending to the avenue, is a neat yard planted with trees, palisaded, &c. The situation, in point of health and contiguity to the public buildings, is equal to any in the city, and is well adapted for private families, or to accommodate genteel Boarders. The title is indisputable. The terms will be moderate for part cash or slaves. For particulars inquire of OWEN ROBERTS, on the premises, or of
THOMAS HERTY, Conveyancer City of Washington, May 25, 1801.
Thirty Dollars Reward.
DESERTED from this rendezvous the following soldiers belonging to the 1st Regiment of Artillerists and Engineers: ISAAC DAVIS, about nineteen years old, five feet seven inches high, dark blue eyes, black hair, ruddy complexion, a farmer, born in this county and state.
JAMES NELSON, twenty two years of age, five feet six inches high, grey eyes, dark hair, fair complexion, by occupation a farmer; he is also a native of this state and county.
JAMES HENNING, twenty one years old, five feet nine and three quarter inches high, blue eyes, light hair, sallow complexion, by occupation a house carpenter, born in Berkeley county this state. They all deserted in their uniform. Any person apprehending the above deserters shall receive thirty dollars upon delivering them to me, or any officer commanding in the service of the United States, or ten dollars for either of them.
RICHARD S. BLACKBURN. Captain 1st Regt. Artillerists and engineers, commanding. Dumfries, Prince William county, Virginia, May 19, 1801.
TO BE RENTED,
THE store lately in the tenure of Doctor Giljasspy and Co. Its situation for business is preferable to any other in the City, being on the Pennsylvania Avenue, between the President's House and the Capitol, and within a few yards of the spot on which is to be immediately erected the market house.
JOSIAS W. KING. At the Capitol.
May 29, 1801.

WASHINGTON CITY.
FRIDAY, JUNE 26, 1801.
The PRESIDENT, we understand, has received from Dr. WATERHOUSE some new vaccine or cow-pox-matter, stated to be in good preservation, with the view of having its effects tried here, which he has put into the hands of Dr. Gantt, of Georgetown, a physician of respectability; who purposes immediately to inoculate with it. As soon as the result of his experiments is ascertained, it shall be stated to the public, as well as the contents of Dr. Waterhouse's accompanying letter to the President, which recommends to general practice, by facts and forcible reasoning the use of the vaccine matter.
The substitution of the vaccine, in the room of the common small-pox inoculation, is beyond all doubt, an object of the highest interest, if the almost invariable effects, said to be produced, may be relied upon. That they may be relied upon seems now to admit of little question, from the skill of those physicians who have practised the new system, and from the great number of experiments made by different persons, in different countries and seasons; all of which establish the equal efficacy, and superior safety of the vaccine inoculation.
In a late London print we notice the following article.
Cow Pox.—Dr. Marshall, who has been for some time past abroad for the purpose of introducing the Cow-pox inoculation, has met with the greatest success wherever he has been. In a letter to Mr. Joseph Fox, dated Valetta, the 21st January, he says, that "after being satisfied by experience of the efficacy of this preventive, all ranks of people at Malta patronise the Inoculation. The Governor, Captain Ball assigned to Dr. Marshall and suite the beautiful Palace of Valetta, formerly the residence of the Grand Master. An Institution for the Inoculation, to be called the Jennerian Institution, has been established. When the experiments were first tried on the children in the Foundling Hospital, a grand procession to the Hospital took place, the Governor walking in his uniform, the Clergy in their Canonicals, attended by most of the Medical Professors, &c.
The Cow Pox has likewise been introduced on board the fleet at Malta and Minorca, and has been very successful in stopping the progress of the Small Pox which raged fatally.
Dr. Walker, who had accompanied Dr. Marshall, had gone to Marmoussa with the Egyptian expedition, and had succeeded in eradicating the small-pox from the fleet. He had likewise inoculated the Corsican troops, as well as other corps, and always with complete success.
The United States troops, under the command of Lieut. Col. Butler, marched on the 1st inst. from South West Point to the Boz Yard, where they embarked to descend the Tennessee river, in order to join a body of troops cantoned at Wilkinsonville, at the mouth of the Ohio.
On the 10th inst. the question of incorporating the New-Bank at Portsmouth was tried in the Legislature of New-Hampshire. In the House of Representatives, it carried by 84 to 60 votes—but afterwards lost in Senate by a vote of 5 to 7.
The following intelligence is communicated by captain Prince, who has arrived at Salem from Bilboa:
Col. Humphreys, our minister at Madrid, has made a spirited remonstrance to the Spanish government, on the subject of the rigorous Quarantine which American vessels are subject to in the ports of Spain. Unfortunately, says he, it does not appear that much attention has been paid to my representations.
Spain and Portugal had mutually agreed to allow to each other the term of six months for their merchants to settle accounts. Adm. Massaredo was at Bilboa on the 30th of April. New duties and new orders for seamen, are daily transpiring there, notwithstanding all their boasted privileges and boasted rights as Bilbonians. A Jersey cruiser had taken a number of their small vessels, with provisions and grain, from St. Andero's.
At Bilboa it was reported, that the conspirators against the life of Buonaparte, had failed in a Corvette from France for Cayenne, each in an iron cage—that the corvette had arrived at Rio de la Sal
dimas. Captain Prince supposes that a dissatisfied vessel he spoke with was the same.
MEDITERRANEAN SQUADRON.
The squadron destined for the Mediterranean, has failed. A few days since we mentioned our expectation, that this squadron would not proceed to sea before government had officially notified the public of its destination and object; and we have seen a copy of a letter addressed by Mr. Smith, Secretary of the Navy, to the President of the Philadelphia Chamber of Commerce on this interesting subject.—It describes the posture of affairs between the United States and the Barbary powers, and mentions the measures which have been in consequence adopted.—The squadron which has failed from Hampton roads, is ordered to touch at Gibraltar, and the commodore will be governed by such information as he may there receive. The Algerine annuity is nearly three years in arrears; but it is expected, when the reasons are communicated to the Dey, and assurances of future punctuality, he will be disposed to continue at peace with us; should it be otherwise, it is imagined the two forty-fours will be able to blockade the port.—The Balhaw of Tripoli is supposed not to have waited for the reply of the President to his demands, but to have commenced hostilities; his force however, is insignificant, being one vessel of 18 guns, and a few of 12 and under. The squadron is presumed competent to all the purposes of convoy and offence which may be necessary. A list of the Algerine navy accompanies the letter. It consists of five vessels from 4 to 34 guns, and one 44 building—233 guns in the whole.
The last warrant, we believe, drawn on the Treasury for monies to carry into effect the treaties with the Barbary powers, was dated the 18th of April, 1798. It was for 50,000 dollars.—Of course three years have nearly expired since the money could have been received at Algiers. Why none has since been drawn for this purpose, we are not able to say. Perhaps the government, tired of the degrading business, thought it best to give solid reasons for being no longer tributary to pirates.
[Col. Gen.]
The barque Giacomo, in 90 days from Messina, arrived at New-York on Sunday. It was currently reported when she failed, that Tripoli had declared war against the United States, and that two vessels had been captured. The Giacomo brings letters from our Consul to the government on this subject. Trade was very dull at Messina, on account of the war between England and the Northern powers.
[Philad. paper.]
Ship Enterprize, capt. Cunning, has arrived at New-York, with 296 passengers, from Londonderry. Captain C. informs, that the British government refused clearing his vessel out on account of the passengers, who rose on the crew, and obliged them to go to sea. They at length gave up the ship to captain Cunning, on condition that he would land them in New-York.
PUBLIC SALE.
WILL be offered at public sale, on Monday next, the 29th inst. at 12 o'clock at the Navy-Yard, in the City of Washington, for approved notes at sixty days, negotiable at the Bank of Columbia—A QUANTITY OF SALT PROVISIONS. Among which are a parcel of good COD-FISH. WM. MARBURY. June 26.
PROPOSALS
For carrying the MAILS of the United States on the following routes, will be received at the General Post-Office in Washington City, until the 15th day of July next inclusive.
IN RHODE-ISLAND.
47 From Providence by Warren and Bristol to Newport, three times a week. May 1 to November 1—Leave Providence every Monday, Wednesday and Friday, at 7 A M, and arrive at Newport by 4 P M—Leave Newport every Tuesday, Thursday and Saturday, at 8 A M, and arrive at Providence by 4 P M. November 1 to May 1—Leave Providence Tuesday, Thursday and Saturday, at 8 A M, and arrive at Newport by 4 P M—Leave Newport every Monday, Wednesday and Friday, at 8 A M, and arrive at Providence by 4 P M. 48 From Providence by East Greenwich and Little Rest, to South Kingston, once
a week—Leave Providence every Friday at 4 A M, and arrive at South Kingston by noon—Leave South Kingston every Friday at 2 P M, and arrive at Providence on Saturday by 10 A M.
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IN NEW YORK.
56 From New Rochelle by White Plains, North Castle, Bedford, Salem, South East, Dover, Kent C. Sharon C. Salisbury C. Sheffield Ms. Great Barrington Ms. Stockbridge Ms. and Lenox Ms. to Pittsfield Ms. once a week. Leave New Rochelle every Monday at 5 A. M. and arrive at Bedford by noon. Leave Bedford at 1 P. M. arrive at Sharon on Tuesday at 4 P. M. leave Sharon at 5 P. M. arrive at Sheffield on Wednesday at 10 A. M. at Stockbridge at 2 P. M. and at Pittsfield by 7 P. M. Returning, Leave Pittsfield every Thursday at 6 A. M. arrive at Stockbridge by 10 A. M. at Sheffield by 2 P. M. at Sharon on Friday at 9 A. M. at Bedford on Saturday noon, and at New Rochelle by 7 P. M.
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63. From Canandorque by Hartford to Niagara once a week. Leave Canandorque every Monday at 6 A. M. and arrive at Niagara on Wednesday by 3 P. M. Leave Niagara every Thursday at 9 A. M. and arrive at Canandorque on Saturday by 6 P. M.
64. From Cayuga to Scipio once a week. Leave Cayuga every Saturday by noon and arrive at Scipio by two P. M. Leave Scipio at 5 P. M. and arrive at Cayuga by 7 P. M.
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LAW CASE.
Levi Hollingsworth vs. William Duane.
Circuit Court of the United States for the Eastern District of Pennsylvania, third Circuit held at Philadelphia, on Monday, 18 May 1801.
REPORT.
This was an action on the case, brought by Levi Hollingsworth against Wm. Duane, in the Circuit Court of the United States, for the district of Pennsylvania, for a libel on the plaintiff, in the Aurora, a paper published by the defendant. The declaration stated the plaintiff to be a citizen of the United States, the defendant to be an alien and subject of his Britannic Majesty. The defendant pleaded in abatement to the jurisdiction of the court, "that long before the action was brought and at the bringing of it, and at the time of his plea, he was a citizen of the state of Pennsylvania, and not an alien and subject of his Britannic Majesty, — and because the plaintiff was also a citizen of the same state of Pennsylvania, therefore by the constitution of the United States, the said Circuit Court had not jurisdiction over the parties," &c.
To this plea the plaintiff replied, confessing that the Circuit Court of the United States could not hold plea between citizens of the same state; yet averring, that the defendant was not a citizen of the state of Pennsylvania, but an alien, &c. To this replication the defendant rejoined, that he was, and is a citizen of the state of Pennsylvania, and not an alien, and put himself upon the country, and the plaintiff did the like.
To try this issue, a special jury was struck between the parties, and the following twelve appeared and were duly impanelled, viz: —
 Priestly Blackiston (Foreman)  John St. L. jun.  Philip S. Bunting,  Dominic Joyce,  George Barclay,  Richard Jones.  Joshua Byron,  Joshua Edwards  George Peter,  James Stokes  Rich Tittermary &  Rich. Humphreys. 
INGERSOLL, of counsel for the plaintiff, opened the cause, by observing very briefly that the only principal matter of enquiry on this issue was, whether the defendant was a citizen of the United States or an alien. If he was a citizen of the state of Pennsylvania it could be proved, and in that case he admitted the Court had no jurisdiction, because the constitution gave the Federal Court no cognizance of such a case between citizens of the same state; but if, from the evidence, it should appear that the defendant, was an alien or subject or citizen of some other or foreign power or state, then his plea failed, and he must answer to the action for the libel in this Court. He mentioned that he was not minutely informed as to the evidence which could be adduced to prove the defendant an alien, but he understood it would appear in a very clear manner, that this was the fact, and as the burthen of proof lay on the party alleging the other to be an alien, he should proceed to call the witnesses. He then called
Owen Mullen, who in substance proved, that he (Mullen) was brought up in Ireland, and was then about 38 years old; — that he knew the defendant in Ireland — that he, defendant, lived with his mother, a widow, who resided in the town of Clemmell, in the province of Munster; that he went to school with the defendant a considerable time in that town; that the defendant was 15 or 16 years of age at their first acquaintance, and about two years older than the witness. To the best of his remembrance, the defendant left the school at Clemmell and went to Waterford to learn the printing business, about six or seven years before the witness left Ireland, which was in 1785, though he would not speak with certainty as to dates.
On his cross examination by the defendant's counsel, he said that the defendant was considered at school as an outlandish boy, meaning thereby as having come from some other country; that the report in school was that his mother had been in a foreign country, and he was remarked for having less of the Irish accent than the other boys.
Gavin Hamilton being sworn, said, that in conversation with the defendant about 4 years ago, he informed him, that the place of his birth was Canada. This was the impression on his mind, but he could not be
understood to speak with certainty. He further said, defendant told him, he was taken from the place of his nativity very young, and carried to Ireland, where he got his education. He had a faint recollection of leaving this country, though it was like a dream. — The witness further said, he remembered having told Capt. George Taylor, two years ago, that the defendant was born in Canada, in answer to an assertion of Mr. Taylor's, that the defendant was an Irishman. His expression to Taylor then was, that he thought he had heard the defendant say, he was born in Canada. Evidence for the plaintiff refused.
DALLAS, of counsel for the defendant, said, that his client was an American by birth, and from thence derived his right to the claim of a citizen of the United States of America, that he conceived the only question to be tried was, whether the defendant was born within the limits of the American colonies. If that was proved, he thought there was an end to the question, and the jury bound to find him not an alien, but a citizen of the United States. He proposed to call one or two witnesses, who, he stated, would prove his birth to have been within the colony of New-York.
Wm. Goodfellow, being sworn, said; that he was present at the conversation referred to by Mr. Gavin Hamilton and recollected it perfectly. That the defendant did not say he was born in Canada; that this was a mistake of Mr. Hamilton's easily accounted for: That defendant, in conversation at that time, mentioned that he was born on the border of Lake of Champlain. Witness asked him at what place? Defendant to this could not give a correct description or idea of the place, but said his mother had told him, he was born within the bounds of New-York; and witness said from the defendant's description, he knew the place in 1760 (to which period he referred) to be within the colony line of New-York; that Mr. Hamilton had got the idea of defendant's being born in Canada, from the mention of Canada in the conversation, which was introduced incidentally by the defendant, who, in giving a description of the place of his birth, had said that his father could go from their place, in the colony of New-York, to St. John's in Canada in one day and return the next.
The witness then went on to say, that defendant had repeatedly told him of his birth in the colony of New-York, and his removal to Ireland as he had received the relation from his mother. The account he gave was that his parents were, or at least his mother, natives of Ireland — that he was born on Lake Champlain in the year 1760 — and when about seven or eight years of age, his mother (being then a widow) removed with him to Philadelphia, where they remained two or three years, in which time he went to school there: That his mother, about the year 1771, left America taking him with her to Ireland, and that he was about 11 years of age when his mother took him to Ireland. Defendant, in some conversation, told witness that when he was in India he had claimed his right to be a citizen of the United States, and meant to go to America in that character. Witness further proved that defendant arrived at Philadelphia from India in the year 1795.
The plaintiff's counsel then called, Thomas Hickey, who being sworn, said, he knew defendant at Clemmell in Ireland; he was then about 17 years old, and at school. He first saw him at Clemmell, about four years before the peace with America. Two years after the peace he saw him again in London, where he was working at his business, as a Journeyman Printer. His acquaintance with him there continued about a year, after which defendant went to some of the British dominions in the East-Indies, after which witness did not see him till the year 1795, when he met with him at New-York. Witness came to America in 1794. He further said that the defendant, during his acquaintance with him in London, had expressed a desire to him, to go to America; and they proposed to come out together; but for reasons unknown to him, defendant went to the Indies.
The evidence was here rested on both sides, when the counsel immediately mentioned to the court, that they had agreed to submit the case to the Jury, without argument, under the opinion of the court in point of law, whether defendant was upon the evidence a citizen of the United States, or an alien.
GRIFFITH, Judge. Before we charge the jury, I wish the court to understand, whether (taking the relation of the defendant himself as evidence for him on this issue) the facts on which he relies, in proof of his claim to be an American citizen, are
as follows: That his parents were natives of Great-Britain or Ireland, and previous to the year 1760, settled on the borders of Lake Champlain, within the limits of the British colony of New-York; the defendant was born there about the year 1760, and lived there with his parents, and the surviving parent, his mother, until he was 7 or 8 years of age; that his mother then removed from the colony of New-York into that of Pennsylvania, and resided with him in the city of Philadelphia, in which place he went to school; that about the year 1771, he being then 11 years old, his mother removed with him to her former residence in Clemmell in Ireland; that he there completed his education; and sometime in Ireland served an apprenticeship to the art of printing; — That he came of age in 1780 or 1781, and after the peace, in 1783 or 1784, was pursuing his business as a Journeyman Printer in the city of London, which place he left about those years, and went into the British East-Indies, where he resided until the year 1795, when he came into Pennsylvania, and has since resided there; and the question is upon these facts whether he is a citizen of the United States? The counsel for the defendant said that their client relied upon it as entitling him to his claim of citizenship.
Dallas, for the defendant here said that before the court charged the Jury, he wished to read the case of William Smith, of South-Carolina, which he thought applicable to the plea of the defendant. By the Court: Certainly Mr. Dallas; we should be very desirous of hearing all that can be suggested on either side.
Dallas then read the case of William Smith, from debates of Congress, fol. 126; 383, 391, and made some observations, with a view to establish his proposition, that birth in the colonies conferred a right of becoming a citizen of the United States, in the circumstances of his client.
The counsel for the plaintiff made no remarks, but submitted the case to the opinion of the court.
TILGHMAN, Chief Judge, after a few minutes conference on the bench with Judges BASSET and GRIFFITH, charged the jury as follows, viz:
Gentlemen of the Jury, The single question for you to decide on this issue is, whether the defendant be a citizen of the United States, or an Alien. It is your undoubted province to decide on the truth of material facts alleged on the one side or on the other. These facts being settled in your minds, it is the province of the Court, to direct your judgments on the law, which arises between the parties out of the facts. In this case the facts necessary to form a legal decision, and which you are to take as the foundation of your verdict, seem to be sufficiently settled. There is indeed some doubt upon the evidence, whether Mr. Duane was born in Canada or the province of New-York. This question is to be decided by you. If you think from the evidence that he was born in Canada, then the whole foundation, upon which his claim to citizenship rests, falls; for in 1760 at his birth, Canada was a part of the French territory. Taking the fact, however, to be as stated by the defendant himself, in conversation with the witnesses who have been produced on his behalf, (and we think the probability is on that side) viz. that he was born within the British colony of New-York, in the year 1760, and removed with his mother to Ireland in 1771, at the age of 11 years, and continued within the British dominions during the revolution, and until 1795, under the circumstances before enumerated by Judge GRIFFITH, and assented to by his Counsel. — I say, taking his own statement as true, it is the clear opinion of the Court, in point of law, that Mr. Duane was not, when he put in this plea, and is not now a citizen of the U. States, but an alien. It is not the intention of the Court, on a sudden, to enter upon a discussion of supposable cases, wherein the place of birth might confer a right of election on the party, at any indefinite time, to make that circumstance a ground for his claim to citizenship. We confine ourselves to the case before us. We are of opinion that there has been no period until this time, at which he became a citizen of the United States. At his birth, he was a subject of the king of Great-Britain, as much so as if he had been born in Great-Britain or Ireland. We were all so, at that time. In 1776, at the declaration of Independence, he was permanently settled in Ireland, receiving his education or learning his trade. After he came of age, which must have been in 1781 or 1782, we find him settled in business in London, and from thence in 1781 to 1783, going out to the British possessions in India, where he resided until the year 1795, when and whence he came to Pennsylvania.
It seems to be the idea of his Counsel, that because born in the colony of New-York, and removed from the place of his nativity while an infant, he might reclaim his country in her state of independence, after he came of age. Without giving any opinion on this right of election, in such circumstances as the present, it is a sufficient answer to it, in this case, to say, that he made no such election. He indeed told Hickey in 1782 or 1783, that he had intentions of going to America; and according to Mr. Goodfellow's relation, Mr. Duane told him, that while he was in the British East-Indies, he on some occasion, made claim to be an American citizen. But no one can, for a moment, view such declarations as these, as amounting to an election of citizenship in the United States in virtue of his birth-right. If such a right did exist, he should immediately, on his coming of age, or as soon after as he could, have taken on him the actual character or a citizen of the United States. Instead of this, he remains from the year 1781, when he came of age, to 1795, within the British dominions; — having in all that time done no act, or made any application, nor been recognized by any authority of either nation, as a citizen of the United States. Suppose he had been found in arms against the United States in 1782, after he came of age, must he not have been treated as a British subject? — Could he have been hung as a traitor, on the ground of his having been born within the colony of New-York in the year 1760? Certainly not.
Upon the whole, we entertain no doubt on this question, in point of law. We do not consider the defendant as ever having entitled himself to those great privileges and rights of citizenship which resulted to the people of the colonies, in consequence of the declaration of Independence, the war which ensued, and the final recognition of them as independent states. If Mr. Duane can, merely in consequence of his birth in 1760 — in a British colony, after a permanent removal from the year 1771 to 1796, a space of 24 years, and residence within the British dominions as a British subject, come here and claim to be a citizen of the United States, it would be difficult to say who might not make such a claim, or when a limitation would attach. The case of the honorable Mr. SMITH, which has been mentioned as parallel to Mr. Duane's, bears no resemblance to it. It differs in every circumstance. It would be waiting time to note the circumstances of discrimination. You have then, gentlemen, the unanimous opinion of the Court, delivered in haste, and without that precision of language which perhaps might be more impressive, that Mr. Duane, upon his own evidence, is not in law a citizen of the United States, but an alien. If you are of this opinion, upon the facts you will find a verdict accordingly. On the contrary, it is your right to find him a citizen of the United States, if, upon the law and facts, you are of that opinion.
Judges BASSET and GRIFFITH merely assented to the charge without delivering any reasons.
GRIFFITH, Judge, observed to Mr. Dallas, Counsel for defendant, that as the matter was important to his client, and the point might be thought worthy of more consideration, or revision, he would remind him that if the opinion of the court was thought erroneous, the defendant might take a bill of exceptions, and have the question decided in the Supreme Court of the United States. Or if his counsel preferred a re-consideration in this court, he should be at liberty to move for a new trial, for the misdirection, if the jury found against the defendant. The counsel for the defendant seemed to acquiesce in the opinion of the court, declining to take a bill of exception.
The Jury retired for about two minutes, and returned a verdict, that the defendant was not a citizen of the United States, but an alien and subject of the king of Great-Britain, which was entered accordingly.
For sale or Rent, THE house and lot at present occupied by Mr. John Dempsey, situated near the Capitol Building, on lot No. 6, in square 759; this lot fronts 55 feet on East Capitol street, and 75 feet on Second street. Possession may be had the first day of August next, and for terms apply to the subscriber. SAMUEL N. SMALLWOOD. Washington, May 29, 1801.
Take Notice—The gentlemen composing the company of militia formerly commanded by captain Lewis Williamson, are requested to return the arms and accoutrements that have been delivered them, belonging to the state of Maryland, to the subscriber at the Navy Yard. By order of the brigadier general, SAMUEL N. SMALLWOOD. First Lieutenant. May 29, 1801.