The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-02-11 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. XLIV.
FIVE DOLLS. PER ANN.
WEDNESDAY, FEBRUARY 11th, 1801.
PAID IN ADVANCE.
VIRGINIA ELECTION.
We have endeavoured to obtain a complete statement of the votes given in Virginia for electors of a President and Vice President, but have not fully succeeded. From a statement however, which embraces all the counties but two or three, it appears that the total votes given were for
The Jefferson Ticket 21,198
The Adams Ticket 6,137
Rep. Maj. 15,061
As it has been asserted that the choice of Electors by a general ticket gave a result essentially different from that which would have been produced by district elections, we have drawn up a statement of the total votes given in each district, as fixed by an act of Virginia passed the 10th of October 1792, whereby it will appear that in all the districts except two the republican ticket prevailed; and that in those two the federal majorities were very small, viz. in one 359 votes, and in the other only 205 votes.
1st District.
   ADAMS. JEFFERSON.     Accomac 284 22   Northampton 143 28   Princess Ann 176 204   602 234   Fed. Maj. 254 369  
2d. District.
   Elizabeth City 20 82   Warwick 6 53   York 24 77   Williamsburg 24 25   James City 35 72   New-Kent 87 105   Charles City 51 111   Henrico 43 217   City of Richmond 72 79   332 821   Repub. Maj. 489 332  
3d. District.
   Goochland 8 278   Fluvanna 9 246   Albemarle 33 561   Amherst 19 303   69 1408   R. M. 1339 69  
4th. District.
   M'hews 29 171   Glocester 54 203   Middlesex 32 118   King and Queen 47 237   King William 86 128   Essex 46 209   294 1066   R. M. 772 294  
5th District
   Caroline 6 369   Hanover 45 201   Louisa 27 440   78 1008   R. M. 930 78  
6th District.
   Orange 7 337   Madison 25 238   Culpepper 100 372   Spottsylvania 18 277   125 986   R. M. 871 125  
7th District.
   Norfolk 30 241   Norfolk Borough 118 111   Nansemond 26 181   Isle of Wight. 26 251   200 784   R. M. 584 200  
8th District.
   Suffex 5 379   Southampton 94 214   Surry 6 184   Prince George 9 197   Grenville 6 194   120 1168   R. M. 1048 120  
9th District.
   Brunswick 25 385   Dinwiddie 10 318   Mechlenburg 109 292   144 995   R. M. 851 144  
10th District.
   Amelia 0 242   Nottaway 0 190   Chesterfield 6 460   Powhatan 22 183   28 1075   R. M. 1,047 28  
11th District.
   Prince Edward 3 344   Buckingham 0 501   Cumberland 11 289   Lunenburg 26 243   40 1,377   R. M. 1,337 40  
12th District.
   Hallifax 15 764   Charlotte 26 342   Pittsylvania 46 584   87 1690   R. M. 1,603 87  
13th District.
   Bedford 164 269   Campbell 69 211   Franklin 29 531   Henry 31 184   Patrick 0 130   293 1325   R. M. 1,032 293  
14th District.
   Richmond 23 123   Northumberland 27 220   Lancaster 54 139   Westmoreland 89 73   King George 43 91   236 646   R. M. 410 236  
15th District.
   Prince William 42 168   Stafford 91 151   Fairfax 218 240   351 559   R. M. 208 351  
16th District.
   Frederick 211 527   Berkeley 371 417   582 944   R. M. 362 582  
17th District.
   Rockingham 164 219   Augusta 462 237   Shenandoah 41 710   667 1166   R. M. 499 667  
18th District.
   Bath 55 112   Bottetourt 96 144   Munroe 155 42   Rockbridge 164 219   Greenbriar 280 28   Kanawha (no return)   750 545   Fed. Maj. 205 545  
19th District.
   Hardy 140 90   Hampshire 200 180   Pendleton 106 111   Randolph 22 31   Harrison 65 163   Monongalia 185 254   Brooke 69 211   Ohio 61 164   848 1204   R. M. 356 848  
20th District
   Wythe 13 113   Grayson 0 117   Montgomery 17 212   Washington 6 200   Lee 2 33   Russell 0 31   38 796   R. M. 758 38  
21st District.
   Farquair 131 308   Loudoun 205 132   336 440   R. M. 104 336  
The Editor has this day published an Original Pamphlet, from the manuscript of Thomas Paine , entitled Compact Maritime .
The following Extra will enable the reader to form some idea of the nature of the work.

establishing herself in its place, at the head of the Red Sea. She would then have occupied both passages to India, to the exclusion of the rest of the world—It is consistent with her spirit of monopoly.
But the case has happened otherwise, and it opens a great field to the commercial world. As England has seized the Cape of Good Hope, it will be policy to keep, with the consent of Egypt, possession of the head of the Red Sea, and to permit the Northern nations to traffic to the Eastern world through that channel. Holland, in particular, will be indemnified by this means for the loss of the cape.
This is one of the advantages the commercial world will derive from the French revolution and through the medium of its power. Whereas from England they can look for nothing but monopoly, oppression and insult. Egypt would be benefited by this establishment. It is England only that is interested in opposing it; and whatever is her interest, is in opposition to the rest of the world.
It is time that nations awake from their lethargy and attend to their interest. As to coalitions, there is something in them mean and despicable; they begin by intrigue and end in disgrace. The little and paltry states of Germany, that can be bought and sold like cattle in a fair, as they were in the American war, may plead their meanness as their excuse. But Russia ought to have felt herself above such traffic. The great Peter would have scorned it; he would have been struck with admiration at the efforts that France has made, and instead of combining against her, would have stood and wondered. Why has not Paul, who attempts his character, done the same?
The majestic spectacle of a nation standing against all the coalitions of Europe, has a claim to the respect, at least to the admiration of the world. To borrow a metaphor from a Jewish fable, we see France like the burning bush, not only unconsumed, but erecting her head and smiling above the flames. She throws coalitions to atoms with the strength of thunder—Combat and victory are to her synonymous.
A bill has passed the legislature of Virginia, to incorporate a company, for establishing a turnpike road from the mouth of Savage river or George's Creek on the Potomack, to the nearest western navigation. It is proposed that this turnpike should commence at the mouth of Savage river, which is 21 miles above Fort Cumberland, and about 200 from Georgetown. A subscription is to be opened for 50,000 dollars, in shares of 50 dollars each. The important benefits to be derived from carrying this plan into effect, will more fully appear from the following preamble to the bill:
"Whereas it is conceived that great advantages would accrue to the trade of Potomack and to this commonwealth generally, by making easy the communication between the head navigation of that river and the nearest western navigation, which would cause the produce of a large extent of the western country to take its course into this channel, instead of going 2,500 miles partly through the dominion of a foreign nation to a market at New Orleans. And whereas it is represented to this general assembly that these navigations may be made to communicate by a road of about 40 miles, and that an association of citizens will be willing to undertake to make the road if proper legislative encouragement be given, by the states of Virginia and Maryland, through both of which the road will have to pass about an equal distance, &c."
From Bourdeaux Nov. 12. Accounts last night from Bayonne, mention the arrival of nine American vessels at St. Sebastians. They will have a hard fate, as all communication between Spain and France is interdicted. The French government has passed a law, by which all Tobacco, not imported in French ships, shall pay a duty of 33 franks per quintal.
The commissioners appointed by the Governor of Pennsylvania to confer with the legislature of Delaware, on the subject of the canal for joining the Susquehannah and Delaware rivers, have performed that duty; and we understand, the result is favourable to the projected undertaking.
DIED—On Sunday evening the 4th of January, 1801, at the house of Robert Wilson, Esq. in East-Windover township, Middlesex county, ANN HUTCHINSON, widow of William Hutchinson, Esq. late of said county, aged, One hundred one
years, nine months and seven days—She was mother of 13 children, and grand-mother, and great grand-mother, and great great grand-mother to the amount of as is known, of 375 persons, and a number of them of the fifth generation.
Extract of a letter from one of the most respectable mercantile houses in Lisbon, to his correspondent in Rhode-Island, dated November 14.
"It has been notified to the merchants, that the wheat in the stores will not reach further than February; at the same time that England is sending over 10000 troops, part of which are already arrived, and it is well known that they cannot spare any for their support. Under these circumstances, we can safely recommend shipments of either wheat flour or Indian corn."
   Dolls. Cts     Wheat, 3 0 per bush.   Corn, 1 75   Beans, 4 0   Flour, 17 0 per bbl.   Pork, 18 0   Beef, 12 0   Butter, 0 33 per lb.   Bees-Wax, 0 33   Fish, 6 0 per quintal.   Rice, 8 50   Pipe staves, 120 0 p. long M.  
HOUSE OF REPRESENTATIVES. MONDAY, FEBRUARY 10, 1801. Mr. Nott obtained leave of absence from Thursday next.
The memorial of Aaron Waitt and Jerathamael Peirce was presented, and referred to the committee of commerce and manufactures.
The petition of Samuel Gibbs was presented and referred to the committee of the whole.
Mr. S. Smith, from the committee of commerce and manufactures, reported against the prayer of the petition of Turpin Kilby, which report was confirmed by the house.
Mr. Macon, from the committee of claims, reported against the prayer of the petition of Thomas Harris, which report was confirmed by the house.
Mr. Rutledge, from the committee appointed on the part of this house, jointly with the committee appointed on the part of the Senate, to ascertain and report the mode of examining the votes given for President and Vice-President of the U. S. of notifying the persons elected of their election, and the time, place and manner of administering the oath of office to the President, reported that the committee had taken the subject referred to them under consideration, but had come to no agreement thereupon.
A message was received from the Senate, informing the house that they had passed the Judiciary Bill.
A message was received from the Senate, as follows:
Mr. Speaker, the Senate will be ready to receive the House of Representatives in the Senate chamber on Wednesday next at 12 o'clock, for the purpose of being present at the opening and counting of the votes for President of the U. S. The Senate have appointed a teller on their part to make a list of the votes for President of the U. S. as they shall be declared.
The house proceeded to consider the report made on Friday last, from the committee appointed to prepare and report rules proper to be observed in the choice of a President of the U. S.
The report was committed immediately to a committee of the whole, Mr. Morris in the chair.
The committee rose and reported their agreement to the report, with one amendment, viz.
Insert instead of 8th rule in report, which is in the words following—"All questions which shall arise after the balloting commences, and which shall require the decision of the house, shall be decided without debate"—the following words:
"All questions which shall arise after the balloting commences, and which shall be decided by the house voting per capita, to be incidental to the power of chusing the President, and which shall require the decision of the house, shall be decided by states and without debate; and in case of an equal division of the votes of states, the question shall be lost."
The house agreed to said amendment. A motion was made that the house do disagree with the committee of the whole in their agreement to the 4th rule, viz. "After commencing the balloting for President, the house shall not adjourn until a choice be made."
On which the question being taken by yeas and nays, it passed in the negative, as follows: Yeas 47—Nays 53.
YEAS. Messrs. Allison, Baer, Bailey, Bishop, R. Brown, Cabell, Christie, Clay, Claiborne, Condit, Dawson, Eggleston, Elmendorf, Fowler, Gallatin, Goode, Gray, Hanna, Heister, Holmes, Jackson, Kitchell, Leib, Lincoln, Lyon, Linn, Livingston, Macon, Mulenberg, New, Nicholas, Page, Randolph, Smilie, J. Smith, S. Smith, Spaight, Stanford, Szone, Stewart, Taliaferro, Thompson, A. Trigg, J. Trigg, Tazewell, Van Cortlandt, Varnum—47.
NAYS. Messrs. Bartlett, Bayard, Bird, J. Brown, Champlin, Cooper, Craik, F. Davenport, J. Davenport, Davis, Dennis, Dent, Dickson, Edmond, Evans, Foster, Freeman, Glen, C. Goodrich, E. Goodrich, Gregg, Griswold, Grove, Harper, Henderson, Hill, Huger, Imlay, H. Lee, S. Lee, Mattoon, Morris, Nott, Otis, Parker, Pinckney, Platt, Powell, J. Reed, N. Read, Rutledge, Shepard, J. C. Smith, Sheafe, Tenney, Thatcher, J. C. Thomas, R. Thomas, Wadsworth, Waln, R. Williams, L. Williams Woods—53.
A motion was then made to disagree with the committee of the whole house in their agreement to the 5th rule, as follows: "The doors of the house shall be closed during the balloting, except against the officers of the house."
On the question being taken by yeas and nays, it passed in the negative, as follows: Yeas 45—Nays 54.
Yeas.—Messrs. Allison, Bailey, Bishop, R. Brown, Cabell, Christie, Clay, Claiborne, Condit, Davis, Dawson, Dent, Eggleston, Elmendorf, Fowler, Gallatin, Gray, Gregg, Hanna, Heister, Holmes, Jackson, Leib, Lyon, Livingston, Macon, Mulenberg, New, Nicholas, Randolph, Smilie, J. Smith, S. Smith, Spaight, Stanford, Stone, Stewart, Taliaferro, Thompson, A. Trigg, J. Trigg, Tazewell, Van Cortlandt, Varnum, R. Williams—45.
Nays.—Baer, Bartlett, Bayard, Bird, J. Brown, Champlin, Cooper, Craik, J. Davenport, F. Davenport, Dennis, Dickson, Edmond, Evans, Foster, Freeman, Glen, Goode, C. Goodrich, E. Goodrich, Griswold, Grove, Harper, Henderson, Hill, Huger, Imlay, H. Lee, S. Lee, Lincoln, Linn, Mattoon, Morris, Nott, Otis, Page, Parker, Pinckney, Platt, Powell, J. Reed, N. Read, Rutledge, Shepard, J. C. Smith, Sheafe, Tenney, Thatcher, J. C. Thomas, R. Thomas, Wadsworth, Waln, L. Williams, Woods—54.
The entire report was then agreed to by the house.
TUESDAY, Feb. 10. The House of Representatives passed a resolution, that they would to-morrow at 12 o'clock attend in the Senate chamber for the purpose of being present at the counting of the votes for President and Vice President, and that Mr. Rutledge and Mr. Nicholas be the tellers on the part of the House.
Mr. Bayard moved an additional rule in relation to the Presidential election; viz. that 500 tickets should be printed on which should be printed the name of THOMAS JEFFERSON, and 500 on which should be printed the name of AARON BURR, and that the members in balloting should be confined exclusively to these.
The Speaker requested Mr. Bayard to modify his motion, so that 600 tickets should be printed, and that after THOMAS JEFFERSON should be printed of Virginia, and after AARON BURR, of New-York, as he (the Speaker) had given directions to this effect, to which Mr. Bayard agreed.
After debate the motion was rejected, and the members left at liberty to use either written or printed tickets.
A Bill, reported by the committee of revival and unfinished business, for continuing in force the act suspending commercial intercourse with France was taken up, and after a warm debate rejected by a large Majority.
On Thursday last Mr. Craik from the committee to whom was referred the Memorial of Thomas Herty, Reported a Resolution authorising the Secretary of State to purchase Copies of Herty's digest of the Laws of the United States to be distributed in the manner directed by the act, intitled "an act in addition to an act for the more general promulgation of the Laws of the United States" and a like number of the acts of the last and present Session proposed by him to be published.
On Monday a motion was made in SENATE by Mr. MORRIS, declaring, that in case of an equal vote being given for the two candidates for President and Vice-President, the House of Representatives should immediately proceed in the presence of the Senate to decide by ballot.
On this motion a long debate ensued; after which it was rejected by a majority of two votes.
WASHINGTON CITY.
WEDNESDAY, Feb. 11, 1801.
ELECTION OF A PRESIDENT.
This day at 12 o'clock the house of Representatives repaired to the Senate chamber, where the votes for President and Vice-President were counted. It appearing that Thomas Jefferson and Aaron Burr, had an equal number of votes, the House returned to its own chamber, and with closed doors proceeded to the ballot, as follows:
Whereupon, the ballots being counted the following was the result:
   1st Ballot.     Jefferson, - - - 8 States.   Burr, - - - 6   Divided, - - - 2   No election.   2d Ballot.   Jefferson, - - - 8 States,   Burr, - - - 6   Divided, - - - 2   No election.  
Third ballot, same result. Fourth ballot, same result.
This was the state of the election at 2 o'clock, when the National Intelligencer was put to press. Of consequence at that hour there had been no election. The House was still in session.
The two divided states are Maryland and Vermont.
BY virtue of a decree of the High Court of Chancery, will be Sold at public auction to the highest bidder on the 10th day of March next, on the premises, Lot No. 1. in square No. 744 in the City of Washington, with the Sugar House and materials, and the other buildings on the said Lot erected.
Such part of the purchase money as shall be sufficient to pay and satisfy the debt, interest and costs due by mortgage from James Pier to Thomas Law (the amount whereof will be made known on or before the day of Sale) is to be paid down the day of sale, or brought into the Court of Chancery on the twenty-fifth day of June next, at the option of the purchaser; and for the residue of the purchase money, with interest, the purchaser is to give bond payable on the 20th day of June 1802 and upon the ratification of such sale by the chancellor (which ratification if made at all will be upon the twenty-fifth of June next) and upon payment of the whole of the purchase money (and not before) a title will be made to the purchaser clear of all claim of the said Law and Piercy or either of them.
JAMES D. BARRY, Trustee. January 26, 1801.
NAILS.
ALL Kinds of Hammered and Cut Nails, and Brads, Sold at my store in this place, between the President's house and the Six buildings, at the following prices for Cash only.
   Hammered Nails and Brads.   By cwt. or 112 cwt by retailer under 16     20dy Nails 12 1-2 d. per lb 13 1-2 d per lb   12dy do 13 13 3-4   10 do 13 3-4 14 1-2   8 do 15 15 1-2   Deck and Spike Nails, 11 1-2.   Cut Nails and Brads.   20dy Nails 9 1-2 10 1-2   10 do 10 11   8 do 11 12   6 do 12 13   4 do 13 1-2 14   3 do 14 1-2 15  
SAMUEL M C INTIRE. Washington, Feb. 6, 1801.
FOR SALE.
THE Subscriber will sell at private sale, two Three story Brick Houses, adjoining each other, 28 feet front each, by forty feet deep, on Capitol Hill, Lot No. 6. Sq. 6:6—a fine commodious lot 61 feet front, by 196 feet deep, running back to an alley 30 feet wide, and may be occupied as one or two tenements, they are finished in a plain, but substantial manner, and built on the best materials—a credit of three, six, and nine months, on giving approved notes, negotiable at the bank of Columbia, or Baltimore—apply to Daniel Carroll, or in Baltimore to HENRY H. CARROLL. Washington, Jan. 5, 1801.
FOR SALE.
A HOUSE and LOT in the City of Washington, called the COTTAGE, beautifully situated on the slope of the Hill appropriated for the National University and near the Commissioners wharf, at present in the occupation of Mr. KNAPP of the Auditor's office.—For terms apply to Dr. Wm. Thornton, one of the Commissioners of the City, to Mr. Philip Fitzhugh, or PRESLY THORNTON. Washington City, Feb. 11, 1801.

NEW-YORK, Feb. 5.
[The public were informed, in this paper on Monday last, that the Convention with France had been transmitted by the French Government to Gaudaloupe, and had been proclaimed there. From the following Circular Letter (which we received yesterday by captain Wallace, of the brig Nancy, from St. Thomas) it appears that the Agency are taking the necessary measures for carrying into effect those articles in which it is more immediately concerned; acting, we presume, from a conviction that the Convention will be ratified by the President and Senate of the United States.]
[CIRCULAR.]
Port Liberty, 11th Nivole, (Dec. 31) 9th year of the French Republic, one and indivisible.
The Agents of the Consuls of the French Republic to the Windward Islands.
To the Administrators of the Marine and War Administrators of the Department Municipal Agents, Civil and Commercial Judges, Justices of the Peace Com- missaries of the Government near the Administrative and Judicial Bodies, Military Commanders, Commandants of Ports, Captains of Armed Vessels, &c. &c.
A Convention, Citizens, has been solemnly promulgated, which re-establishes between the French Republic and the United States of America the accustomed relations of friendship and commerce.
Already two articles of this convention (the 4th and 17th.) are obligatory on the two contracting nations.
The intention and the orders of the government of the Republic, notified to the agency of the Consuls by the ministers of the marine and the colonies, are citizens that the disposition of those articles (a copy of which is subjoined) be executed with the greatest punctuality.
[Here follow abstracts of the 4th and 17th articles of the convention.]
Every one of you, citizens, in that which concerns you, are to require, oversee, procure or maintain, with the utmost exactitude, the strict execution of all these points. This injunction engages all your responsibility.
All the Americans, whom the fate of war may have brought into Gaudaloupe or its dependencies, are to be instantly released.
In case of the absence of the persons interested in reclaiming the American property captured since the signing of the treaty, and not yet definitively condemned, &c. The public ministry are to take charge of the business for the persons absent; and to put them in the way of obtaining, either on the part of the captors or the government, the satisfaction to which they may be entitled.
In case of the arrival at Gaudaloupe or its dependencies, &c. of any prizes captured from the Americans, the commissaries of the government, delegates, or prize commissioners, are immediately to intervene, and to adopt every measure for preserving the interest of whoever may have a right to it.
All captains of privateers and letters of marque are bound, on pain of losing their commissions, besides incurring the other penalties, damages, &c. to conform themselves to the spirit of the convention of the 8th Vendemaire, and particularly to the 4th and 17th articles.
Copies of the said articles, and of the present circular letter, will be this day annexed to the commissions of all vessels of war and letters of Marque.
All privateers and letters of marque now at sea, which may touch at Gaudaloupe or its dependencies, &c. shall be provided with the same documents by the chiefs of the war-office, or by delegates or commissaries, who will take a receipt for the same on the back of their commissions.
Your may conceive, citizens, how much damage the non-observance of these dispositions may cause to the public treasury, as well as to the owners, captains, and securities of the privateers and letters of marque.—Yourselfs, citizens, have the greatest interest in preventing this non-observance.
The functionary who by prevarication or negligence shall suffer the least infraction of the clauses which have been just made known, will most certainly be responsible in his person and property.
You will have to render an account, citizens, each in your several stations, for the execution of the said clauses, at every opportunity: and we repeat to you that your responsibility in this respect is very serious.
Health and Fraternity.
JEANNET BRESSEAU.
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES.
SEDITION ACT.
Mr. HARPER. As a great part, Mr. chairman, of what I have to offer to the committee on this question, is connected with the statements of abuses which gentlemen who oppose the continuation of this law, tell us have been committed in the course of its execution, I have chosen to offer it at this stage of the debate, in order that the correction of the errors with which those statements abound, may go forth with the errors themselves.
The objections of gentlemen, sir, to the continuation of this law, have been directed, as usual, against its constitutionality and its expediency. Those against its expediency are reducible, as far as I have been able to understand them, to some instances of oppression, which gentlemen say have taken place under the law. In what did this oppression consist? If I understand gentlemen aright, they stated it to consist in the denial to persons who had been indicted under the law, of the proper time, means and opportunity of making their defence. The objections have variously and very indistinctly expressed, but as far as I was able to understand them, this was their full amount.
Let us, then, Mr. Chairman, examine the cases which have been adduced as instances of this oppression. Let us enquire whether they afford any foundation for the imputations which have been made on the conduct of the courts.
The first case is that which occurred in Philadelphia last year.* In this case, we are told, the party was denied the means of making his defence; was prevented from adducing the testimony by which the truth of the publication for which he was indicted, might have been proved. Fortunately for, there are many now present, many honorable members of this house, who were present at the trial, and can bear testimony to the manner in which it was conducted. They can testify that the party was allowed all the indulgence that he asked for, was permitted to carry before the jury all the testimony which he chose to adduce.
In the first place he summoned several members of congress to attend as witnesses in his behalf. I myself was summoned. An honorable member from Pennsylvania who sits near me, (Mr. Gallatin) was also summoned; and I see several other honorable members in their places who were included in the summons. It happened that we were prevented from going into court as soon as we had intended, but we did so; and when we entered the court, we found the party preparing an affidavit, or pre- pared with one, and holding it in his hand, in which our testimony was stated to be material in his defence, and our absence was alledged as a ground for postponing the trial.
Why were we summoned, sir? Nobody present was ignorant of the purpose. It was a mere trick to postpone the trial, and so universally understood. We were summoned in the expectation and belief that we would not attend. In that case our absence would have been alledged as a cause of postponement; and there was no difficulty about swearing that our testimony was material.
If the trial had been postponed on this ground, the point would have been gained as not to blush at it. Even the spirit of party was reduced to silence and the most hardened votaries of faction hung down their heads, and were confounded at the detection. How, sir, did the detection take place? How was the design rendered thus apparent? The witnesses thus summoned with parade, thus called from their seats in the national legislature to give evidence of the trial; the witnesses whose absence, when it was hoped and believed that they had declined attending, was about to be made the ground of an application on oath for a postponement of the case, whose testimony was about to be stated on oath to be material to the
* The case of Cooper.
defence; these witnesses, when they did appear, were not examined. They remained in court during the whole of the trial. The party was informed of their being present, and when he had gone through all his other testimony, was expressly asked by the court if he wished to examine them, and he said no.—They were not examined. Lest it should be said that through fatigue arising from the length of the trial, he had become unable to examine them, the court informed him that if he wished for time to refresh himself, there should be an adjournment of an hour or two for that purpose, but this indulgence was rejected, and still declined to examine these witnesses. Thus the purpose for which they had been summoned was disclosed, and it became manifest to all, even those most unwilling to see, that their being called on was a mere trick, which their unexpected appearance had defeated.
But we are told, sir, that this person was refused the opportunity of producing other testimony. What testimony? That of the president of the United States.—And do gentlemen seriously contend that the president of the United States is liable to be called from the seat of government, where his high and important functions always require him to be, in order to travel up and down the United States as a witness on trials? If he may be summoned to attend another. If he must go as witness into the courts of Pennsylvania, he must, on the same principle, go as a witness into those of New-Hampshire or Georgia. Can gentlemen be serious in contending for such a principle? no sir, they are not serious; they cannot be serious; and I am firmly persuaded that the honorable gentleman from Maryland (Mr. Nicholson) who has expressly contended for it, would mutatis mutandis , be one of the first to discern and expose its absurdity.
The president, moreover, was called on in this case to criminate himself, which the best established rules of law protect every person from being compelled to do. The party was indicted for a false, scandalous and malicious libel on the president, whom he had accused of many atrocious acts. He plead the truth of the matter in justification, and wished to bring the president as a witness to criminate himself by proving their result. This is forbidden by the positive rule of law, revived and admitted in every day's practice. What would be the consequence of admitting it with respect to the President? a profligate fellow would have nothing to do but to accuse him in print of a crime, and when indicted for it, harrafs his person and degrade his office and character, by examining him in a court of justice, as to the commission of that crime, and thus compelling him to give an account of his whole private conduct and public administration. This is the principle for which gentlemen contend.
But there was other testimony, we are told by gentlemen, which this person was denied permission to adduce. What other testimony? certain publications extracted from newspapers, and purporting to be answers of the President to various addresses. Was he prevented from adducing them? No. He was, on the contrary, permitted to adduce them, and did in fact adduce them. He was indeed told by the court, and most truly told, that these extracts from newspapers were not legal evidence, but that under the particular accusations of the case, he should be allowed to give them in evidence. He was told that he might read in evidence whatever he thought proper. He availed himself of this permission in its full extent. He read those extracts in evidence. Indeed for the greater part of his defence, which lasted for nearly three hours, consisted in reading and commenting on the President's answer to addresses.
Will any one deny this fact, sir? No; it will not be denied. It cannot be denied. It took place in the presence of many witnesses; of many who now hear me. And proves incontestibly, that greater latitude of indulgence could not possibly be given in making a defence, than was given to this person. And yet, sir, this is one of the instances adduced, of oppression, of denial of justice, under the sedition act.
The next instance is brought from Boston. We are told a melancholy story, decorated with all the graces of the pathetic, about a poor innocent printer in Boston, who was indicted under this law for a libel on the federal government, convicted, imprisoned, and at length sunk under cold and dreary dampness of a dungeon, and yielded up his life a victim to the tyranny of the sedition act. This dismal tale, sir, thus pitiouly told, is found to be completely destitute of truth in all
its parts. This poor wretch whose life fell a sacrifice to the rigors of imprisonment under the sedition act, turns out to be still alive and in health. He is found to have been indicted in a state court, under the state law, and for a libel on the state government. By a most singular infelicity of exactness, the fact appears, in every point, to be precisely the reverse of the story.
The last instance is brought from Richmond. There too, according to gentlemen, a person indicted under this act, was denied the opportunity of producing evidence in support of his justification. Let it be recollected, Mr. Chairman, that this person was indicted for a libel so atrocious, that no person except its author, has yet been found profligate enough to defend or even to quote it. A libel not on the administration merely of this government, or on the government itself, but on the nation, the constitution, our independence, the war of our revolution; the patriots who conducted it, the character of our people and country, and on the American name. A libel on every person and thing that is American, except one individual, whom alone it dishonors by its praise; whom it disgraces as far as disgrace can be inflicted by the commendation of the wicked whom it places alone on that bad eminence, where not even a generous enemy could wish to see him stand. A libel, sir, which has made its supporters blush; which they have sedulously endeavored to suppress lest it should dishonor the cause which it was intended to defend; which they have made to shun the light, and passed secretly from hand to hand, lest it should produce repulsion in the minds of those whom it was their wish to seduce. This, sir, was the libel for which the person in question was indicted, and which he had the effrontery to say that he wished to prove, by the testimony of honorable men. He wished to call men of character into the court, and insult them by asking them on their oaths, whether "The Prospect Before Us" was true. Is there one man on earth sir, profligate and hardened enough, to say that he believes it? Would the gentlemen whom he pretended that it was his wish to summon, have appeared in court, and said that they believed what the book contained? No, sir. One of them was in Richmond, and was summoned. He, sir, is a man of honorable feelings, of a manly character, whose political prejudices and party animosities, strong as they are, never betrayed him into a mean, a little paltry action. He was summoned, and what did he answer? "Let the scoundrel run away and I will pay his recognizance; but as to appearing for him in court, that would be too much." This is said to have been his answer; and whether he gave it or not, certain it is he did not attend. The other persons proposed to be summoned were within reach, and might have been had. What did court say? "You shall have a continuance till next term, if you entitle yourself to it according to the rules of law, by disclosing to the court, on affidavit, the matter which you expect to prove by these witnesses, and shewing that it is material. Even without complying with these terms, you will have a postponement from day to day, in order to procure your witnesses, as long as the time allowed for the setting of the court will admit." But of this indulgence no use was made. No effort was made to procure the witnesses during the sitting of the court. That was not the object. The object was to postpone the trial till the next court, under the pretence of the absence of witnesses; and the court recollecting the Philadelphia case, where an attempt was made to practice a similar trick, were on their guard, and very properly resolved to defeat it. They resolved to bring on the trial, unless proper and legal grounds for a continuance should be shewn. As this could not be done, the trial was brought on, and the party convicted by an honest, responsible, and independent jury.
† The Prospect before Us. (To be Continued.)
We are desired to correct a toast given by George Hay, at the entertainment at Peteriburg, which was erroneously noticed in the Petersburg print. It should read:
Sacred be the Rights of the people, perpetual be the union of the states!
WANTED to purchase a Small farm consisting of one, two or three hundred acres of land—at a convenient distance from this City, with comfortable buildings thereon for the accommodation of a small family. Enquire of the Editor of the National Intelligencer.
Washington, Jan. 26, 1808.

WHIST.
FROM AMUSEMENT A POEM.
By HENRY JAMES PRE, Esq.
BUT say, what fashionable form appears, Who vacant brow reflection's aspect wears? Who rolls the eye with senseless sapience full, In trifles wife, and venerably dull? I know him well - In midnight fumes enclos'd, Of the VIRGINIAN weed, while FOLLY doz'd
HEIGHTS OF THE MOST REMARKABLE MOUNTAINS
Expressed in feet, and reckoned from the level of the sea.
IN EUROPE.
Table with 2 columns: Mountain Name, Height in feet. Includes Mount Blanc (15672), Mount Aetna (10954), Velavius (3938), Ganigou (9214), St. Bartelemi (7565), Mount d'Or (6696), Puy de Dome (5221), Hecla (5000).
IN AFRICA.
Table with 2 columns: Mountain Name, Height in feet. Includes Pico of Teneriff (11022), Pico Ruivo (5141).
IN AMERICA.
Table with 2 columns: Mountain Name, Height in feet. Includes Chimboroco (20575), El Coracon (15783), The town of Quito (9242).
From the Paladium.
It is known that two ships have lately failed from France on a voyage of discovery. Among the imputed objects are, to make magnetic observations and to find those parts where the ocean gains on the land, and the contrary. A voyage for such objects it appears was proposed to the French government before the reign of Buonaparte, by Mr. Churchman, an American received with politeness, but not then adopted. He presented a work on the subject, which was preferred to the national institute. That work may have had some influence in promoting the voyage now performing, and may conduce considerably to its success. If so, we hope Mr. Churchman will have his share of the credit.
From the MIDDLESEX GAZETTE. - A Connecticut paper printed at Middletown.
Messrs. Bunnings,
The importance of naval commerce to the United States, and to this state is not duly appreciated by the most sanguine among us. On Connecticut River have been built, during the past year, about 11,000 tons of shipping. The surveyor of this port has measured 6,600 tons; and two surveyors in Hartford and Saybrook, it is calculated, cannot have measured short of 4,400 tons. The value of shipping is, say £10 per ton. Of this two thirds may be considered as produced by materi-
als supplied in the state by the services of those employed in building. If we multiply the number of tons by £6 the product will be £66,000 - an astonishing sum to be derived from ship building in one year, on Connecticut river. To this add the numbers of vessels built on the numerous rivers and streams in the state and the product will amaze all who have not paid particular attention to the subject.
Pennsylvania Legislature.
HOUSE OF REPRESENTATIVES.
JANUARY 13, 1801.
A motion was made by Mr. Buckley, seconded by Mr. Mitchel, and read as follows, viz.
Whereas the joining of the bays of Delaware and Chesapeake, by a canal, has long been deemed an object of great importance to the agricultural and commercial interests, as well of the state of Pennsylvania as of her sister states of Delaware and Maryland; and to the accomplishment of that great object much solicitude has manifested itself in these states: And whereas, the legislature of this state, deeply impressed with the importance of it, to the citizens thereof, are very desirous to promote so beneficial an object.
Resolved by the senate and house of representatives of the general assembly of the commonwealth of Pennsylvania, That the governor of this commonwealth be requested, and he is hereby empowered to appoint commissioners on the part of Pennsylvania, forthwith to attend the general assembly of the state of Delaware, now in session, with a view to obtain the permission of that state upon proper principles, to have a canal cut between the bays aforesaid upon the most eligible ground, and that the commissioners aforesaid be allowed the sum of four dollars per day for so long as they shall be engaged on the commission aforesaid, to be paid out of the fund appropriated for the support of government on orders drawn by the governor or on the treasurer.
N. B. This resolution was signed by the speakers of both houses on Thursday last, and also by the governor that day, and capt. Huns, of the city, George Logan, and Priestley Carr Lane, were appointed commissioners, who left this city on Friday morning to go to Dover for the purposes intended.
From the Philadelphia Gazette.
DOVER, Delaware, Jan. 1801.
I do myself the pleasure to send you a short sketch of the principles upon which the law for opening a communication between the waters of the Chesapeake and Delaware, passed the Legislature of this state, yesterday.
Generally, this law is like the one passed by the Legislature of Maryland. The principal exceptions are these: First, whenever, and so long as, the net profits arising from the tolls, shall amount to ten per centum, per annum, or more, the company are to pay into the treasury of this state, one-tenth part of the net profits, annually, in half yearly payments, for ever: Secondly, The rates of tolls fixed by the acts are not to be lessened without the assent of the Legislature of this state: Thirdly, The law is to be of no force or effect until the state of Pennsylvania passes a law to authorise an agent to be appointed on the part of this state to copy all such title papers as relate to any lands within this government, which cannot be removed without injuring the records of the office in which the same may be; and such parts thereof as can be separated without damage to the records or papers of the office; the agent is to be permitted to take the originals: Fourthly, The law is to be of no effect until the Legislature of Pennsylvania shall repeal such parts of her quarantine laws, as require a longer time for the admission into the port of Philadelphia, of goods, wares, &c. which have been unladed within this state, than if such goods, &c. had been carried directly on to the port of Philadelphia.
THE SUBSCRIBER
BEGS leave to inform the Public in general, that he has opened a Beef-steak and Oyster House, on Capitol Hill, City of Washington, in the House lately occupied by Brown and Snowden as a Printing Office, a small distance from the Capitol, where Gentlemen may be accommodated at any hour in the day or Evening, with Beef steaks, Oysters, Sausages &c. at the Shortest notice and on the most reasonable terms. Likewise the Subscriber has taken particular pains to lay in a stock of Good Liquors, and flatters himself that by paying strict attention to the business to Merit the favour of the Public in General.
WILLIAM TONKIN.
December 28.
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.
ASSORTED LUMBER, viz.
One and 1-4 inch, 1-8, and 1 do. Yellow pine heart boards - 1 inch panel, 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. panel boards, bedstead sets. poplar the whole of the above are well seasoned and fit for use - 1-8 heart pine, 1 do. sap pine white oak, and beech, 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 - cedar rails - Also, white pine sawed rails - shingling and plaistering laths, best kind; white oak wagon 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 palings, 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 beech scantling for tool stocks - 5000 feet of sickamore scantling for bedsteads; 2 inch white oak plank; 1 inch white oak boards, 3-4 do. do. - 25,000 feet superior cherry boards and plank, 3,000 do. very clear 2 inch white pine plank, 3,000 do. handsome beaver wood bedstead sets seasoned, 100,000 prime North Carolina shingles, a quantity of ash plank, 150 tons plaster Paris, warranted, 3,000 bushels best Virginia pit coal, 200 bushel cleans house sand
The subscriber intends, establishing a Lumber Yard at the Federal City of Washington, which he will keep regularly supplied as above - Any quantities may be agreed for by contract, deliverable, as the purchaser may wish, provided that the place of delivery may be convenient 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, without 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 13, 1801.
THIS DAY IS PUBLISHED
By R. C. & Co. RAPINE, CONRAD & Co. At the Washington Book-Store, Corner of South B Street & New-Jersey Avenue, near the Capitol The WASHINGTON REPOSITORY, for the year 1801.
CONTAINING, an Almanac - a bill to establish an uniform system of Bankruptcy throughout the United States - Abstract of the revenue law, list of duties, tonnage, drawbacks and bounties, custom house fees &c. an act to establish a general stamp office, with a list of stamp duties, an act to value property, an act to lay a direct tax, &c. - Offices of the revenue, governments of the U States - list of congress, department of state, Treasury, War, Navy and Judiciary, with an account of what is important in each - Post office establishment, with times of receiving and closing the Mails at Baltimore - Ministers, Consuls, &c. to and from the U States - Government of the State of Maryland, with a list of the general Assembly - An account of the corporation of the city of Baltimore, with list of officers, Banks, Insurance company, &c. in ditto, and a variety of other useful matter - Price neatly bound in the form of a Pocket book, 75 cents.
Speed the Plough, a comedy in five acts, as performed at the theatre royal covent garden; and now performing with universal applause, at the new theatre Philadelphia - By Thomas Morton, Esq. author of "a cure for the Heart Ache, Way to get Married" &c. &c. - price 25 cents An impartial review of the rise and progress of controversy between the parties known by the names of the FEDERALISTS, and REPUBLICANS, containing an investigation of the radical cause of division; and of some of the subordinate or auxiliary causes which have been instrumental in enlarging the breach, and inflaming the minds of the partisans. In a series of letters from a Partaker in the American revolution to a junior citizen. - price 31 cents.
R. C. & Co. Have just received a general assortment of Books in every department of literature, which they will dispose of on the very lowest terms.
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. N. B. A few Tons of good Meadow Hay, one Kiln of Bricks, and some Cord Wood. W. P.
For Sale.
A Small tract of land containing 150 acres more or less. It is on the road to Frederic about five miles from George Town, and is a high and healthy situation. Terms are one third to be paid on possession being given, the remainder in two yearly payments. Enquire of the printer, or at the Commissioners Office, City of Washington. It not sold within a month it will be rented on easy terms. January, 28th, 1801.
John Minchen.
BOOT MAKER
FROM PHILADELPHIA.
RESPECTFULLY acquaints his FRIENDS, CUSTOMERS, and the public, that he has removed his BOOT AND SHOE MANUFACTORY from near the Eastern Branch, to New Jersey Avenue, on the hill near the Capitol, where he makes Gentlemen's Boots, Footees, and undress Shoes on the shortest notice, in the neatest manner, and of the best materials.
December 3d. 3tw
TO JOURNEYMEN SHOEMAKERS. WANTED, a number of Journeymen Shoemakers, to whom constant employment and good wages will be given.
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, scitemen'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. Hertys Abridgment of the laws of Maryland, approved and sanctioned by the Attorney General and Legislature of Maryland, may be had at the above office, price Six Dollars neatly bound and lettered; also Hertys Digest of the Laws of the United States, price Three Dollars, neatly bound and lettered. December, 1800. twtf
JOHN BARNES,
FROM PHILADELPHIA,
Has just opened for sale the following articles at his store opposite Mr. Semmes's tavern, in Georgetown, a general assortment of Fresh Teas of the first quality, viz.
Table with 2 columns: Tea Name, Price. Includes Imperial (Large Hylou), Young Hyson (Hylou), Souchong (Bohea).
SPICES.
Table with 2 columns: Spice Name, Price. Includes Nutmegs (Mace), Cinnamon (Cloves), Four bags fresh Almonds.
LIQUORS.
Table with 2 columns: Liquor Name, Price. Includes Madeira (Dry Sherry & Port), Brandy (4th proof Jamaica spirits), and Holland Gin.
COFFEE.
Pennington's best refined sugars. With a handsome assortment of gentlemen's fashionable London Hats and trimmings. He has likewise for sale, ten cases well assorted STATIONARY, consisting of writing paper of different qualities, Quills, Wafers, and Ink powder, in packages from 80 to 180 dollars on the most reasonable terms for cash or approved notes.
Table with 2 columns: Item Name, Price. Includes English and American playing cards, Pasteboard per gross, Wrapping paper per ream, A case of 7-8 and yard wide Irish Linen per piece. Nov. 14th, 1800
Kid, Eliot & Co.
At the Brick Store opposite BLONDER'S HOTEL.
HAVE received by the Brig UNION, Capt. Leonard, from Liverpool, a large supply of Crockery Ware. Some of which is well assorted in small casks for the country.
Also, by the same Vessel.
Table with 2 columns: Item Name, Price. Includes White Lead (ground in oil), Spanish Brown (do), Red Lead (Patent yellow, &c &c). They expect by the Roba and Betsey arrived at Norfolk, an additional Invoice of crockery and a large assortment of Glass ware. All which will be sold at the Philadelphia prices. December 28.
Kid, Eliot & Co.
HAVE received by late arrivals, a general assortment of Hard ware and Ironmongery, which they offer for Sale at their Store opposite the Great Hotel
They have also on hand
Table with 2 columns: Item Name, Price. Includes Madeira (Sherry & Wines), Lisbon (Cognac Brandy), Jamaica Spirits, Holland Gin, Loaf and Brown Sugar, Tea, Coffee, &c &c. Washington, Dec 28.