The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1802-02-19 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
VOL. II.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCL.
FIVE DOLLS. PER ANN.
FRIDAY, FEBRUARY 19th, 1802.
PAID IN ADVANCE.
National Intelligencer.
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES.
MONDAY, February 15, 1802.
JUDICIARY BILL, from the Senate.
Mr. DAVIS called for the order of the day, on the Judiciary Bill from the Senate.
Mr. BAYARD moved a postponement of this bill to the 3d Monday in March.
He said he made this motion, as it was not in the least important that the business should be taken up on the present day; whereas there were other objects which required an early attention. No object could so conveniently be postponed as this, as it was not to take effect till the 1st of July. It was therefore substantially the same thing, whether the bill passed to day or three weeks hence. Its passage now would not save a cent, or the sooner abolish the circuit courts.
On the other hand great benefit might be derived from the postponement. It would afford time to discern the operation of the proposed measure on the public mind. On former occasions gentlemen had contended that the public impression should have its weight in this house; he hoped, therefore, on this occasion they would not abandon their old principle.
For himself he had not been in the habit so frequently of applying to the public opinion as some gentlemen in the house; because few occasions had occurred so important as this. He did presume that those who consider this government as the mere creature of the national will, will not object to the delay, asked on purpose to collect that will. He knew that a great impression had been made on the public mind by the passage of this act in the other branch. He knew that the people in various quarters of the union were preparing to tell us what they thought on the subject. Since this business had been before Congress, it was impossible it could have been felt in all its importance; or contemplated in all its views in the remote portions of the union.
On this interesting point the public mind ought to be known; he wished it to be profoundly agitated; he wished to destroy all apathy, where the vital principles of the constitution were so deeply affected. For he believed, if the constitution were saved, it must be by the people.
Already a great deal of important business was before the house; business; and particularly that which respected the internal revenues, that claimed an early attention. We were told the people felt anxious for a repeal of those taxes, that they begin to think we are not sincere. It was therefore high time to take that subject up, and decide it. He could mention many other interesting points that claimed an early attention.
Mr. RUTLEDGE said he had seconded the motion of postponement, without intending to have troubled the house on it. But he was called up by the cry on the left for the question. Such a mode of procedure may comport with the system of gentlemen, who are prepared on all occasions how to vote; but it was a course to him novel; and, he would say, to the nation extraordinary. He had hoped that on a question of such importance, on a subject infinitely more important than any ever before discussed within those walls, gentlemen would have honored the supporters of this motion with their reasons against it. Gentlemen may make light of this business, but the time will come, and shortly too, when they will feel the subject to be of importance. The people are thinking, deeply thinking on it. Before he took his seat in that house, he did not hear that such a measure was contemplated; he did not believe that even in this wild season of innovation, so bold a measure would be attempted; the people had no idea of it until taken up in the Senate; and what was the effect? The moment they saw their rights affected, they came forward with memorials against it. The respectable bar of Philadelphia had memorialized against it. The legislature of Pennsylvania were of a different opinion.
To collect the public opinion we ask the indulgence of a short time; no reasons are urged against our request; but the question is called for, and we are to be put down by the vote of a majority, by a silent vote. He begged gentlemen to overlook us, and to look at the nation.
On former occasions gentlemen talked much of the people. On this occasion, when we wish a development of the public mind, they say no, and the question is called for. Are gentlemen for acting as on a former occasion? Do they think the minority have no rights? We had been told from high authority, that a minority has rights, has equal rights. He begged to know the meaning of the declaration; he supposed it meant we should have the right of debating.
If gentlemen are determined to have a silent vote, we shall deem it our duty to express our sentiments fully. They cannot expect a vote to-day, or to-morrow. The subject is too important to be dismissed on a hasty consideration. If then the subject is of such a nature as necessarily to consume time, will not other important measures be neglected? The gentleman who had made the motion for going into a committee of the whole, had himself complained of the tardiness of the committee of Ways Means. Will not the discussion of this question, of such vast moment, still longer prevent the house from getting at the business considered to that committee; whereas, if that be taken up now, it may be despatched in a short time.
Mr. GILES said he felt every degree of respect for the gentlemen, and he was persuaded they must be sensible that as far as gentlemen on his side of the house had gone, they had treated them in a manner particularly respectful. He was still under the same impression, which alone induced him to oppose the motion for a postponement. When this bill came from the Senate, some gentlemen were for taking it up at an early day. This was alleged to be unexpected; a comparison of opinions took place, and the time for consideration was fixed, and as he had supposed satisfactorily; this was the tenth day since the bill came from the Senate. Some gentlemen then thought three days sufficient for consideration; but ten days were asked, and granted. He then thought, and he still thought, the indulgence granted sufficient. It was true, he had not replied to the remarks of the gentlemen from Delaware, because he did not think a reply necessary, and that from a sentiment of respect to the whole house, whom he thought fully competent without any remark from him, to decide whether they were then prepared to enter upon the discussion, after the subject had laid over for ten days.—Yet we are told we are precipitating the business. He believed the indulgence granted was as great as was usual; and it will be found that the time now given is greater than that allowed the opponents of the bill when it passed. He referred to the Journals to prove that there was not then that forbearance that gentlemen now recommend.
Gentlemen seem to apprehend that this subject will be treated, as one other has been, by a silent vote. Mr. G. hoped the house would proceed on it with calmness, dignity, and reflection. He viewed it as an all-important question, and from a respect to himself, to those associated with him, and to the nation, he would endeavor to present the most correct view he could take of it. And permit me to say, said Mr. Giles, that when subjects occur that require discussion in this house they will be discussed. But gentlemen go too far when they expect us to enter upon a discussion of propositions that require no examination. Such propositions had been made; when gentlemen requested information already in the possession of the House.
But gentlemen say this subject is recent; they had heard no mention of it before they took their seats in the House. Surely those gentlemen are not much in the habit of reading newspapers, or they would have seen that since March 1800, it had occupied more of the public attention than any other subject. There was another circumstance that proved this step was not so unexpected as gentlemen say it is. Appointments had been made to the new offices under the system of individuals, who held places under the old, and who, from an expectation that this law would be repealed, had refused to accept them.
Gentlemen say they wish to agitate the public mind. I have no doubt they wish to agitate it. But I have no doubt too of their entire incompetency to raise alarm, because they are on the wrong side of the question. I have said that I wish to discuss this subject with calmness. This is still my wish. I wish to take it up free from all partiality or prejudice, and to examine it on its intrinsic merits. But it is not to be inferred from this, that we fear the impression of the public sentiment on our side. I believe that sentiment is with us. A great majority of the legislature of Pennsylvania
has declared for a repeal of the law.—North-Carolina had instructed its Senators to the same effect before this discussion. Yet gentlemen say the subject had not been thought of, though two states had declared themselves in favor of the repeal, and Maryland had decided indirectly to the same effect. From these considerations, I should think it proper to delay the discussion no longer. I hope gentlemen will therefore agree to take up the subject, and enter upon an examination of it, not with a view to triumph, but to truth. If, after we have progressed, embarrassments should occur, or information be wanted we can have no objection to a postponement.
Mr. GRISWOLD. We ask for a postponement of this question, and gentlemen answer us the day for discussion is fixed—it is the order of the day for this day. If this answer is sufficient in this case it is sufficient in every other. Do we not make bills the order for a certain day, but do we scarcely ever take them up on that day? Why then deviate from our ordinary rules? Are there not strong reasons for a postponement? First, much other business requires to be despatched. It is not contemplated that this law shall go into operation till the 1st of July. While therefore this is not, others are pressing. Why then take up this, and postpone them? Besides, is not the subject of vast importance, of more importance than any which ever came before this House? Why then deny time? Will not the discussion deeply involve the feelings? Are there not many honorable gentlemen, who think that by passing this bill, the constitution is prostrated forever? Can gentlemen, after that, go on calmly discussing other business? Are not gentlemen then willing to postpone this question for the purpose of passing upon other objects, that involve no constitutional question? Then, if they pleased, they can bring forward this bill, which, it was feared, would be the last act of the session.
Mr. DAVIS. No gentleman on this floor would pay more respect to public opinion than I would. But I know the difficulty we experience here in ascertaining that sentiment. When in Philadelphia, where it was certainly more easy to acquire it, we had received memorials from 10,000 citizens, and this was called public opinion; but when the elections came on we found it was incorrect. I know no better way of ascertaining the public opinion, than through gentlemen who represent the several districts of the country. For my part, I know the sentiments of the state I represent. I know it to be in favor of the repeal. But gentlemen beg for more time before we adopt so bold a measure. To my knowledge so much time was not allowed when this law was carried.—They require time for consideration. I presume that they who passed the law have already considered it. Are gentlemen ready to say they passed it without consideration? We are told this is a bold measure. Permit me to say the passing the bill, and the mode of passing it, was a still bolder measure. Attempts were made to amend. But no—no word was suffered to be added, though the bill was allowed to be defective.
The honorable gentleman from Delaware wishes us to wait for an expression of the public opinion, and yet he tells us he will vote at last from the dictates of his own mind; from which I must infer that he is the public opinion what it may, he will not listen to it.
Mr. RUTLEDGE was sorry gentlemen referred to newspapers for what was to be done here. They ask whether I have not seen this measure proposed in the newspapers. Yes, I have seen it proposed there. But I did not suppose that the wild projects of newspapers, for prostrating the Judiciary, for robbing the Senate of the treaty making power, and other projects, were to be effected by us.
They say too, as an evidence that this measure was expected, that district judges appointed under this law refused their new appointments through the fear of being driven from their seats by its repeal. But I will tell gentlemen that as to two of these judges, and I know of no other, the fact is not so. In the case of the Judge of South Carolina, I know it is not so, from personal knowledge, and from good authority I know it not to be so in the case of the district judge of North Carolina.
As to the instructions of North Carolina I believe they were drawn from the attention of Congress being excited to the subject by the President.
Gentlemen say the law, now proposed to be repealed, was itself passed precipitately. But after it was proposed two sessions passed, at the end of one of which it was published for consideration, and
taken home by the members, before it was finally enacted.
Mr. R. WILLIAMS said the resolutions of North Carolina passed on the 17th of December, and the communication of the President was made on the 6th Dec. He was therefore warranted in saying the communication of the Executive had no effect on this measure.
If the business is so all important as gentlemen say, ought we not immediately to enter upon its discussion? But I never expected to hear such a warning in this House. Are we to be told that we are not only to draw the effects of the repeal of this law upon the nation, but that business cannot be transacted afterwards in this House? I disregard such threats, and I will say with the gentleman from Delaware, that I will proceed, and pursue the dictates of my own mind.
Mr. DENNIS spoke in favor of the postponement to the same effect with the preceding speakers.
In alluding to the act of the state of Maryland he said he did not know how it had become fashionable to consider the sentiments of the legislature as synonymous with those of the people. He did not believe the opinion of the people in favor of the repeal. In the district he represented, their opinion was decidedly against it.
The gentleman from Kentucky says we had a full opportunity of investigating this question when the bill passed. But is it necessary to say that the constitutional question involved in the repeal could not be involved in passing the law.
Mr. BAYARD. I am bound to acknowledge my gratitude to the gentleman from Virginia for the respect he entertains for us, and in return I beg leave to tender him the homage of my high respect.
Gentlemen say we have been accommodated with a postponement according to our wishes, and that they had not expected any delay after this accommodation. I confess this was my expectation at the time. But this error arose from the bill then on our table being blank as to the time of its taking effect. I did not then know that its operation was not to take effect till the 1st of July.
Mr. BAYARD did not believe the subject was in a state of maturition for decision: It was declared the new courts had no business; that the old ones were sufficient. But on what was this declaration founded? On Presidential information, in which several errors had been pointed out, and which was very incorrect. Besides, he believed the President had no right to obtain this information in the mode he had used, and the clerks of the courts were not bound to comply with the request of the Secretary of State. From his own personal knowledge, he knew the document to be incorrect, as far as related to his district, in which no chancery suits were stated to have been brought, whereas he had been engaged in several. This was an additional reason for further delay to get more accurate information.
Mr. HEMPILL had always thought it was a rule in deliberative bodies, when a single member asked time for information, to grant it, when no other business would be deranged by it. Besides he felt himself in a peculiar situation. The legislature of Pennsylvania was about instructing its representatives to vote for a repeal of the law of the last session. If the reasons they assigned should be satisfactory to him, he should vote for a repeal: he wished time to consider them.
Mr. SMITH said he believed the minds of the members were not to be made up by the talking of gentlemen, though they may think we stand in need of their instruction.
At one circumstance he could not help expressing great pleasure. The people are now of some consequence. How often had he heard in that house the terms "sovereign people," pronounced with a sneer. But he thanked God the people were now acknowledged to be of some consequence. He had always thought the public opinion should be attended to, and if he thought that opinion against the repeal, he would not vote for it.
It was said the respectable bar of Pennsylvania had petitioned against the repeal, and great weight was attached to their sentiments. But who are these characters? Are they disinterested? Were they not lawyers, and did they not know the more courts the more business? But in opposition to their interested opinions were to be placed the sentiments of the legislature of Pennsylvania, declared by a great majority of both houses.
Mr. EUSTIS having been for the postponement until this day, could not sit
silent under the imputation of precipitancy. The recollection of every gentleman must convince him of the extreme candour and fairness of the majority of the house. The gentleman from Delaware, when this business was first brought up, had asked for a postponement, and had said that if postponed to this day, he would be prepared to enter upon the discussion. He had been indulged in his request. This then is not our , but their measure; not our day, but their day. He must say the indulgence had proceeded from a very honorable and accommodating disposition, that called for a different from return that side.
Whatever was the ultimate disposition of the business, on which he felt not very solicitous; he thought it his duty to state these circumstances. Gentlemen too must see that this motion is perfectly fruitless; for whatever might be the real question before the house, the merits of the main question, were sure to be discussed.
Mr. GODDARD was sorry any charge of precipitancy had been made. Yet he thought there were weighty circumstances that recommended a postponement. He had wished for a reference to a select committee, that should fully examine the subject. But this was refused. He now wished to avoid the constitutional question. Gentlemen seem to think the constitutional question the only one on which we can vote. He saw not this. Gentlemen will not surely, to establish a constitutional question, repeal a law that is useful. He wished then to avoid the necessity of giving a legislative construction to the constitution, as he feared deciding a question that will go greater lengths than gentlemen are aware of. He would wait for an expression of the public will whether the law was promotive of national good. If it appeared that it, was, they might be willing to avoid the constitutional question. They might agree to bury the hatchet as to that question, a decision of which may extremely agitate the public mind.
Gentlemen say we are afraid to meet the constitutional question.—I am, said Mr. Goddard, afraid to meet it. It may perhaps be owing to the weakness of my nerves; but I feel as if I should be brought by it into a very unpleasant situation. Not because I have not made up my mind on the constitutionality of it; but from other motives.
Mr. GRISWOLD said he should not have again troubled the house, but for the remarks of the gentleman from Massachusetts, who had said this is our day ; but certainly he had mistaken the transaction. When the bill came from the Senate, we asked for a reference to a select committee to elude the constitutional question. This was negatived. We then asked for delay. An early day was named. The gentleman from Kentucky had the generosity to name this day. It is not then our day, but their day.
The gentleman from Pennsylvania, alluding to the memorial from the bar of Philadelphia, says they are mere lawyers, interested in what they pray for. But he would say that bar was elevated too high to be affected by any thing that could fall from the gentleman from Pennsylvania. Their interest was directly the reverse of that ascribed to them. The fewer the courts the greater the delay, and the greater the delay the more the business.
Mr. S. SMITH said he had now little hopes that the discussion of the main question would commence to-day; which was already too far gone to expect it.—Still he hoped the motion of postponement would not prevail; that the House might be prepared to enter upon the subject tomorrow. He agreed with the gentleman from Massachusetts that this was emphatically their day. True it was, the gentleman from Kentucky had named it; but had not the gentleman from Delaware got up, and solicited for this day, and declared that, if the indulgence were granted, he would feel it a duty to be prepared to go on with the subject with calmness, dignity and deliberation?
I came to the House, therefore, said gen. Smith, with this expectation, and I fully expected that gentlemen would open the discussion. I came prepared to listen to him. Why? Because this is a subject on which I want information—and being one in which I can take but little share, I wished to profit by the ideas of ingenious gentlemen who may discuss it.
Gentlemen now say they want information. Hence the necessity of commencing that discussion which is to give them information. They say they wish to remove all prejudices. Why not then openly and boldly eradicate them? The gentleman from Delaware had told us

he would obey the public will; and he adds, if the bill passed it will prostrate the constitution. Will he then, if the public will shall appear to be for a re- peal, vote for it? I am inclined to think the gentleman went farther than he intended when he made this declara- tion.
The information gentlemen say they want can have no effect upon those who have made up their minds upon the con- stitutional question, for I cannot believe they would violate their oaths to con- form to the public will. Is it to op- erate upon us. No.—For we are ready to act, to say we have heard the public voice, and are prepared to obey it.
Mr. HOLLAND spoke against the postponement. After assigning his rea- sons at some length, he proceeded:— Why then wait? For the single reason offered by the gentleman from Connec- ticut, viz. his wanting to avoid the con- stitutional question—did he not mean by this to delay, to embarrass, and perhaps defeat the will. Give me leave to say, said Mr. H. I do want to meet it, and to get rid of it, that we may proceed to other business.
Mr. DANA. The gentleman from North-Carolina need not to have told us he meant not to compliment us. We might have learned that from his con- versation. But I will to know what authorises him to make these charges? My colleague has said he did not wish to meet the constitutional question.— But has he said he meant to procras- tinate, to embarrass, to defeat it? Is that gentleman so much in the habit of ex- pecting business as to be authorised to make these charges?
I acknowledge that my mind recoils at the decision of the constitutional ques- tion, because I deprecate the result, if decided in one way. My mind recoils, because it goes to shake the foundations of society; because it makes questions that I thought were fixed, and which were not to be discussed; because if de- cided one way, we shall be sent back to the first principles of society.
The gentlemen cannot tell why we are for delay. The gentleman from Massachusetts is a scholar. He may ap- preciate my remarks, if others cannot. We want information—that information which flows from books—he, having en- riched his mind with the stores of know- ledge, knows its value. Can any man show me a library, public or private, where I can get this information. We labor here under peculiar disadvanta- ges.
But it is probable that gentlemen, after representing their civility to us, will at last vote us down.
Mr. GODDARD explained what he had previously said.
Mr. BAYARD. It is my misfortune to be perpetually misunderstood by the gentleman from Maryland. I am at a loss to know how gentlemen on this side are more misunderstood by him than any other member. Is it that his anxiety to answer us induces him to state fallacies in order that he may refute them? He says, I stated that I would come perfect- ly prepared to day. I did not say so. I could not say I should be perfectly pre- pared. I did say we would come for- ward to discuss the subject.
The same gentleman charged me with saying I would instruct the House.— This is impossible. It might be com- patible with the character of that gentle- man, but I never could say so.
The gentleman has also charged me with saying I would vote for the repeal, if the public will was for it. I said not so. I did say the constitution was the property of the people; that the majori- ty had a right to construe it as they pleased; and that I would obey their construction, that is, I would bow to what appeared manifestly the sense of the majority.
The gentleman from Massachusetts had said this is our day. Perhaps, it is em- phatically our day—perhaps our last day. I have no doubt gentlemen would be gratified, if it were our last day.
The fact is, when an unprecedented precipitation was attempted, I agreed to this day, because I could not exact a longer day would be granted. It was, however, as much a forced day, as any other day could have been.
As to the remarks of the gentleman from Pennsylvania, it was painful for strangers to be obliged to defend the friends of that gentleman from reflec- tion. But I will say to that gentleman there was no ground of fact to justify his aspersion. He had charged his po- litical friends with having apostatized—with having renounced their party—with having violated their political faith.
Mr. SMITH said he had said no such thing.
Mr. BAYARD was glad the gentleman knew what he did say, which was an un- usual thing. I understood him to say, they acted from interested motives. I drew the inference. If governed by in- terest, I ask whether they are not apos- tates, whether they have not renounced their political creed? Could any thing be more base, on a question, involving constitutional grounds, than to be go- verned by motives the most wretched and contemptible.
The question of postponement was then taken by Yeas and Nays, which were: Yeas 35—Nays 52.
Motion to adjourn—Lost—Yeas 37. Mr. DENNIS moved a postponement till Monday next.
Mr. RANDOLPH. I will state as brief- ly as possible the motives which influ- enced me to be against the postponement moved by the gentleman from Mary- land. I am sensible his motives for a postponement may be pure. I believe they are pure: But when I compare the reasons of the friends of the postpone- ment, and find them so various and irre- concilable, I can discover no reason for gratifying their request. One gentleman says he wants information of the state of the public will. Another gentleman says it is a great constitutional question, and whatever may be the public opinion, he must vote from the dictates of his own judgment. Another gentleman wishes to understand the resolutions of the le- gislature of Pennsylvania, by which he may perhaps be governed. Another gentleman says the legislative vote is no indication of the public mind.
Gentlemen say their reasons are co- gerent; but I beg them to tell me on which of their various and contradictory rea- sons they mean to vote for a postpone- ment—reasons so irreconcilable, that if one was correct the others must be false. I should not have risen now, but from seeing the day nearly gone, and from being prepared for a reiteration of moti- ons that will consume the whole of it.
Other reasons are urged. We are told the great constitutional question may be evaded: When I say so, I do not mean to impute to gentlemen any disposition to embarrass the discussion, but a dispo- sition to shrink from a question which they say, will give a stab to the consti- tution. Believing as they do, I think the fear an honorable fear. But think- ing differently myself, it becomes me to declare that this is a great constitutional question that ought to be decided; and decided soon. It ought not to be left till the public mind shall be acted upon incorrectly; till some twenty or thirty years hence it shall be operated upon by war, by intrigue, or by improper excite- ment. When I see all the dangerous motives, such as war without, and trea- son within, which too frequently operate, and compare the state of the country un- der their influence, with its present situ- ation, entirely free from them; I say, this is the period for decision. For deci- ded it must be. I feel for gentlemen, whose correct disposition it is to shrink from a question whose result must be adverse to them. I have been in the same situation. I, like them, have shrunk from some questions. But did they wait for me, till their power was taken from them? According to this course, no decision can take place but that which conforms to the fears of a minority.
I recollect an elegant member of this house from Massachusetts having depre- cated indecision as the worst of all deci- sions. The saying was paradoxical; but the doctrine was sound. I wish the con- stitution settled, that it may be no longer afloat. I wish the nation to settle it; that all further discussion may be removed. I wish to know whether the judiciary is a co-ordinate or a paramount department of government.
We have heard much on the points of constitutionality and expediency. All these considerations belong in themselves to that state when the bill shall be taken up, and not to that state when the only question is, shall the bill be taken into consideration. But as gentlemen have reiterated their objections on the point of expediency, and in supporting those objections have taken only one ground, I hope I shall be indulged in stating that the very reasons of the gentle- men on that ground would govern me in making a decision. They tell us that by the bill, we propose to re- peal, justice is brought home to every man's door. But the house will please to recollect that we are not to decide whether justice shall be brought home to every man's door—this is not the exclu- sive legislature to which this only belongs. It belongs to the states, and I will say, if they do not perform their duty, this house cannot assure the performance of it; The constitution never intended it, and this bill does not accomplish it; be- cause while the large states, under the state governments, are subdivided into twenty districts, this law only divides them into two. Nor is it necessary un- der our law that there should be this sub- division, because the federal authority of the courts does not extend to cases be- tween man and man, or to those ordinary cases, that require that justice should be brought to the door of every citizen. So long as federal courts exist, to which there may be an appeal or removal; so long as the states are prevented from emitting paper currencies; so long as one part of the Union is prohibited from cheating its neighbours; so long as the foreign- er has an impartial tribunal to ap- peal to, the constitution is satisfied. This it is for which the constitution was made, and that which makes the gentle- men from Connecticut vote against the repeal of this act, makes me for it. I mean in connection with other motives.
These are my reasons for opposing the motion. The question of repeal is a great constitutional question, and we must settle it. It is a question that will be agitated so long as we remain a nation;
until it shall be decided, and this is the only tribunal before which it can be de- cided.
Mr. DENNIS and Mr. Nicholson follow- ed, the latter of whom desired that there was any ground for saying the citizens of Maryland were against the repealing act.
The question was then taken by yeas and nays, and the motion of postpone- ment lost—Yeas 34—Nays 58.
FOR THE NATIONAL INTELLIGENCER
William & Mary, Jan. 30, 1802.
Mr. SMITH,
The important question of the repeal of the late judiciary law which is now a sub- ject of consideration in Congress, and which seems to occupy the general atten- tion of the people throughout the United States, demand that every one should pro- duce to the public such information on the subject as may be within his power, and which he may deem important.
Impressed with this duty I herewith transmit an extract from Judge Tucker's Lectures on the Judiciary of the United States, as delivered by him as Prof. of Law in this University, several years before this controversy arose, and which as one of his students have had an op- portunity to take.
I have to beg the favour of you, as an impartial friend to research after truth, to give it a place, together with this note, in your useful paper.
The constitution and powers of the ju- diciary department of the federal go- vernment have been equally the subject of applause and censure, of confidence and of jealousy.
The unexceptionable mode of appoint- ing the judges, and their constitutional independence of every other branch of the government, merit an eulogium which all would have concurred in bestowing on this part of the constitution of the United States, had not the power of that de- partment been extended to objects which might hazard the tranquility of the union in attempting to secure it.
No one doubted the necessity and pro- priety of a federal judiciary, where an ultimate decision might be had upon such questions as might arise under the law of nations, and eventually embroil the na- tion with other sovereign powers; nor was it doubted that such a tribunal was necessary to decide such differences as might arise between the several members of the confederacy, or between parties claiming lands under grants of different states. But the objects of federal juris- diction were originally far more num- erous, "extending to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made or to be made under their authori- ty; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime juris- diction; to controversies in which the United States shall be a party; and be- tween two or more states; between a state and the citizens of another state; between citizens of the same state claim- ing lands under grants of different states; and between a state and the citizens thereof and foreign states, citizens and subjects."
These objects, says a writer on the sub- ject, are so numerous, and the shades of distinction between civil causes are often times so slight, that it is more than pro- bable the state judiciaries would be wholly superceded; for in contests about juris- diction the federal court, as the most powerful, would ever prevail.
This conclusion will not appear to be ill-founded, if we advert to the ingenious fictions which have from time to time been adopted in the courts of Great-Bri- tain in order to countenance the claim of jurisdiction. But more solid objec- tions seemed to arise from the want of a sufficient security for the liberty of the citizen in criminal prosecutions; the de- fect of an adequate provision for the trial by jury in civil cases, and the burthens and mischiefs which might arise from the re-examination of facts upon an appeal; these objections seem, however, to be completely removed by the amendments which were recommended by the first Congress, and have since been ratified.
The judge then goes on to speak of the su- bility of the states, through which subject, the constitution being in that particular since amended, it is unneces- sary to follow him, after which he thus proceeds:
But whatever objections may be made to the judicial power of the federal go- vernment, as it relates to the states, in other respects, as now organized and li- mited by the constitution itself, by the amendments proposed by Congress, and since adopted, and by the act above re- ferred to (to wit, the act limiting the jurisdiction to a certain sum) we may ven- ture to pronounce that it is worthy of every eulogium that has ever been pro- nounced on the judiciary of Great-Bri- tain, to which it is in no respect inferior;
* The papers on the Judiciary 179- partment, which appeared under the sig- nature of Publius, are in general inferior to none that will be found in that pub- lication. See Vol. 1, p. 140.—Vol. 2, p. 238.
being indeed in all respects perfectly affi- milated thereto, with the addition of a constitutional safeguard against INAD- VANCE only. Whatever there has been said by Bacon, Montesquieu, Delolme or Blackstone, or any other writer, on the fe- curity derived to the subject from the independence of the judiciary of Great- Britain, will apply as least as forcibly to that of the United States. We may go still further: In England the judi- ciary may be overwhelmed by a combina- tion between the executive and legisla- ture.—In America it is rendered abso- lutely independent of and superior to the attempts of both to control or crush it. First, by the tenure of office, which is during good behaviour. Secondly, by the independence of their salaries, which can- not be diminished. Thirdly, by the let- ter of the constitution, which defines and limits the powers of the several branches of government. Lastly, by that uncon- mutable authority in matters of legis- lation, which is exclusively vested in this department, and which extends to every possible case that can affect the life, li- berty or property of the individual as a member of the federal republic, except in the case of impeachment.
The American constitutions appear to be the first in which this absolute inde- pendence of the judiciary has been carried into full effect. Dr. Rutherford consi- ders the judiciary as a branch of the ex- ecutive authority, and such in itself it may still be considered in other coun- tries, since its province is to advise the executive rather than to act independ- ly thereof. Thus when Titius demands a debt, or a parcel of land of Sempronius, the judgment of the court is the advice of the judiciary to the executive to levy the debt, or to put the plaintiff in pos- session of the land that he claims, or to dismiss his claims, as it is founded.—So also if Titius be accused of treason, mur- der or other crime, and be thereof con- victed, the judgment of the court is its advice to the executive in what manner he shall be punished; and in any of these cases the judgment and advice is accord- ingly carried into effect by the executive power; or if he be acquitted, the judg- ment is the advice of the court that he be discharged from his confinement and from further prosecution. In this sense the judiciary are said to be one of the King's councils in England; but with us the judiciary power is a distinct and independent branch of the government, recognized as such in express terms in our state bill of rights and constitution; and demonstrably so too, by the consti- tution of the United States, from which it derives all its power, in like manner as the legislative and executive powers are distributed to the other departments of government.—The obligation which the constitution of the United States im- poses upon the judiciary to support the constitution, would be nugatory if it were dependent upon either of the other branches, or in any manner subject to control by them, since such control might operate to the destruction of the constitution.
And here we cannot but observe, that the judiciary power cannot of itself op- press the citizen: The executive must lend its aid in every case where oppres- sion can ensue from its decisions: but its decisions in favor of the citizen are carried into instantaneous effect by deliver- ing him from the coercion of the execu- tive officer the moment that judgment of acquittal is pronounced; and herein consists the excellence of our constitution, that no individual can be oppress- ed, whilst this branch of the govern- ment remains uncorrupted: it being a necessary check upon the encroachments of power by either of the other. Thus, if the legislature should pass a law dan- gerous to the liberties of the people, the judiciary are to pronounce, not only whether the party accused be guilty of a violation thereof, but whether such law be permitted by the constitution. If, for example, a law were passed prohib- iting the free exercise of religion; or abridging the freedom of speech, or of the press, or the right of the people to as- semble peaceably, or to keep and bear arms, it would be the province of the judiciary to decide that the power of the legislature did not extend to the mak- ing of such a law, and consequently to acquit the prisoner from any penalty which might be annexed to the breach of such an unconstitutional law.
Should he be persecuted by the ex- ecutive, it is the province of the ju- diciary to decide whether there be any law that authorises the proceedings against him, and if there be none, to ac- quit him not only of the present, but of all future prosecutions for the same cause. The power of pardon, which is vested in the executive, constitutes a proper check upon the judiciary in its turn: on this circumstance, however, no great stress can be laid, since in cri- minal prosecutions the executive is in the eye of the law always plaintiff, and where the prosecution is actually car- ried on by its direction, the purity of the judiciary is the only securi- ty for the citizen. The judiciary
therefore, are that department of the go- vernment to whom the protection of the rights of the citizen is by the constitu- tion especially confided. What those rights are, and in what manner secured by the constitution, we have already had occasion to examine elsewhere. It may not be amiss however to shew in what manner this protection is confided to the judiciary.
1st. The judicial power of the United States extends to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made by their authority.
2d. No person shall be deprived of life liberty or property (and these we may remember are the objects of all rights) without due process of law, which it is the province of the judiciary to grant.
3d. No person shall be held to answer for any crime, unless on presentment or indictment of a grand jury, unless in cases arising in the land or naval forces, or in the militia when in actual service in time of war, or public danger.
4th. In criminal cases the accused shall have a speedy and public trial by an impartial jury of the State and dis- trict where the crime shall be commit- ted.
5th. He shall be informed of the na- ture and cause of his accusation.
6th. He shall be confronted by the witnesses against him.
7th. He shall have compulsory pro- cess for obtaining witnesses in his fa- vour.
8th. He shall not be compelled to be a witness against himself.
9th. Nor be subject, for the same of- fence, to be twice put in jeopardy of life or limb.
10th. He shall have the aid of coun- sel for his defence.
11th. His person, house, papers and effects, shall be free from search or sei- zure, except upon warrants issued upon probable cause, supported by oath or af- firmation, and particularly describing the place to be searched, and the person or thing to be seized.
12th. Excessive bail shall not be re- quired of him.
13th. The benefit of the writ of Ha- beas corpus shall not be denied him, un- less, when in case of invasion or rebel- lion, the public safety (of which con- gress are to judge) may require the sus- pension of that privilege generally, and not in his particular case only.
14th. Excessive fines shall not be im- posed, nor unusual punishments inflicted on him.
15th. Private property shall not be taken for public use without just com- pensation.
16th. No person shall be convicted of treason, unless on the testimony of 2 witnesses to the same overt act, or on confession in open court. In all these respects the constitution prescribes the duty of the judiciary department; on the one hand, extending its powers so far as to arrest the hand of oppression from any other quarter, and on the other, pre- scribing limits to its authority, which if violated, would be good cause of im- peachment and removal from office. To prove this a single example or two will be sufficient.
If private property be taken for pub- lic use, and compensation be refused for the same by the executive, the judi- ciary, upon application to them, if the fact be proved, will either give judgment for such compensation to be made out of the public purse, or if it hath been illegally taken, will give a recompence in dama- ges against the person taking the same. Again, if the privilege of the writ of Habeas corpus should be suspended by an act of congress, when there was nei- ther an invasion nor rebellion in the U- nited States, it would be the duty of the judiciary, nevertheless, to grant the writ, notwithstanding such act; which being against the constitution would be absolutely void. On the other hand, if the benefit of that writ should be cer- ruptly denied to any one, there would be good cause to impeach the judge denying the same; and upon conviction of such corruption to remove him also from his office.
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JANE TALBOT, a novel, by the author of Arthur Mervyn, &c.—Price 125 cents.
Also a general assortment of books on Sci- ence, Literature, and Amusement.
R. C. & Co. Have on hand a quantity of printing paper, good quality; and a few legs of Maxwell's first quality of printing ink, which will be sold cheap for cash.
Select Novels, vol. 4, will be ready to be deliver to subscribers in a few days. Feb. 12, 1802.

NEW-YORK, February 13.
COMMUNICATION.
Last evening the gentlemen of the Bar in the city of New-York met at Little's Hotel, in Broad Street, in consequence of a public notification.
At this meeting General Hamilton introduced a letter in answer to a communication received from some of the gentlemen of the Bar in Philadelphia, respecting their proceedings in relation to the proposed repeal of the judiciary act. The tenor of which answer, was in approbation of those proceedings.
Upon which Mr. Wortman proposed to substitute instead thereof, a resolution expressive of the confidence of the Bar in the wisdom of the legislature, and of the inexpediency at present of interfering with their deliberations.
The question was then put, whether Mr. Wortman's motion should be considered? which being negatived twenty nine to twenty-one.
The question for the consideration of General Hamilton's answer was put and carried by the same majority.
On a suggestion of the majority, the minority withdrew, and convened in another room in the same house, when the said minority of twenty-one being present, it was moved and unanimously resolved, that the present government of the United States is eminently intitled to, and fully possesses our confidence; that it is inexpedient and unnecessary at present to interfere with the deliberations of congress relative to the repeal of the judiciary act, inasmuch as there is every reason to believe, from the proceedings which have already taken place thereupon, that such a decision will be adopted upon the occasion as shall be most conducive to the welfare of the country.
Resolved unanimously, that the above resolution be published.
By order of the meeting. GEORGE CLINTON, jun. Chairman. G. V. LUDLOW, Sec'y. February 12th, 1802.
[From a New-York Federal Print.]
On Thursday evening, in pursuance of a general notice in several papers, a meeting of the gentlemen of the Bar, was held to consider of the propriety of memorializing Congress against the repeal of the late Judiciary act.
Col. Troup in the Chair.
Mr. Harrison, briefly opened the subject, and stated, that the meeting had been called in pursuance of an invitation from the brethren of the Pennsylvania bar, contained in a letter to him, enclosing their memorial—which letter he read. He said, that from the names subscribed to the Philadelphia memorial, it would appear that political opinions had not divided them on the question of the inexpediency of repealing the bill—and however gentlemen present might differ on other points, it was hoped that on this, or on some proper representation to that effect, unanimity might be obtained.
After some pause, Gen. Hamilton rose. He began with stating his own decided opinion, that the contemplated repeal of the late act, taken in connection with the known and avowed object of that repeal, was an unequivocal violation of the constitution in a most vital part. However he did not expect that on that point, the gentlemen present would be unanimous. Neither had he any hope that any representations whatever, would arrest the contemplated blow. In this opinion, and because he thought the Bar ought to hold themselves too high to idly commit their own dignity by an opposition which they must know would be fruitless, he was opposed to the idea of memorializing Congress at all. He observed also, that the reception which the petition of the Pennsylvania Bar had met with, and the manner in which the bill had been immediately afterwards hastened in its progress, gave no encouragement to the hope that ours would be better received. He then said that from respect to our brethren of Philadelphia, and since we were called upon to express an opinion, he inclined to the idea of a letter to those gentlemen, rather than of a memorial. In this view he submitted the draft of a letter to the meeting, in which it had been endeavoured to express, as that gentlemen of every political opinion might join in it.
Mr. Riker made a few observations, stating his opinion that the late Judiciary act was not only useless, but hurtful and too expensive. He thought the district judges might do all the judicial business of the United States, subject to the correction of the Supreme Court. He offered resolutions expressive of the confidence of the meeting in the proper organs of the government, and that it would be improper to interfere with the deliberations of Congress. He disapproved the letter proposed by Gen. Hamilton, because it impeached either the discernment or the integrity of the Senate.
Mr. Harrison and Gen. Hamilton followed, and in a very able dispassionate and conclusive manner, demonstrated the inefficacy of the former judiciary system—the importance of an independent Federal Judiciary—and the trivial amount of its expense, compared with the benefits resulting from it, to every individual in the community. It is impossible to do justice to the very able and elegant remarks made by these gentlemen.
Mr. Riker proposed an amendment to the draft of a letter which had been read—the amendment was to touch the same effect as the resolutions before proposed by Mr. Riker. He said, that after the eloquent remarks that had been made, he should place the less reliance upon his own opinion, if he were not supported by many of the most eminent men in the union, whose patriotism was as pure, and whose views as comprehensive as any opposed to them.
Mr. Wortman thought, that, after the clamor which had formerly been made about popular and self-created societies, gentlemen could not, with propriety, come forward to influence the decisions of Congress by such a meeting as this. He had entire confidence in Congress. He moved certain resolutions, expressive of the confidence of the meeting in the wisdom and integrity of Congress, and of an opinion that the question should be left wholly to their discretion, without any interference on the part of this meeting.
Gen. Hamilton again rose. He felt little zeal upon this subject, because he believed that no possible exertions could arrest the blow aimed at the constitution. Respecting what was observed of secret popular societies, he said, the baneful effects of them were not confined to modern times, but had been felt in some of the ancient republics, as was noticed by Montesquieu.—He repeated, that they were the most dangerous enemies ever employed against free governments. He mentioned the example of a great kingdom subverted by their influence, and which had found no relief but in the horrid calumny of despotism. And occasional and public meeting of individuals to petition the legislature, has no resemblance to a secret, organized and exclusive combination of political societies. He declared in the most emphatic manner, that if the bill for the repeal passed, and the independence of the Judiciary was destroyed, the constitution was but a shadow, and we should, e'er long, be divided into separate confederacies, turning our arms against each other. He solemnly called heaven to witness his devout desire that the system of government adopted among us might prosper.
Mr. Wortman's resolutions being called for, the previous question was moved upon them, viz.—Will the meeting take any vote on the resolutions? and it passed in the negative.
Mr. Riker's resolutions were then called up—it being remarked that the fate of the question would of course be the same upon them he withdrew them, and the gentlemen who had divided in the minority withdrew from the meeting.
It was then proposed and agreed, as the draft of the letter before presented by Gen. Hamilton had avoided the expression of any opinion on the unconstitutionality of the repeal of the late Judiciary act, from a hope that it would be joined in by gentlemen of different opinions on that subject—that a clause should now be added expressive of the decided opinion of the gentlemen present, that the repeal of the act connected with the destruction of the office and emoluments of the Judges is an unequivocal violation of a vital and essential part of the constitution.
This clause being added the letter was agreed to and signed.
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WASHINGTON CITY.
FRIDAY, FEBRUARY 19, 1802
We present in our paper of to-day a federal statement of the proceedings and sentiments of the gentlemen of the bar of New-York. We trust this will be an evidence of the impartiality with which the National Intelligencer is conducted, and that it will, in some degree, put to shame those Editors of prints, who, to the prostration of truth, insert exclusively productions on one side, even when they are in reply to statements on the other, and this when the enquiry is into the correctness of certain facts. This we have noticed to have been uniformly the case, as to the plain and unequivocal detection of Mr. Tracey's reflections on the President's communication respecting the judiciary, that appeared in this paper, which the federal prints entirely omit, while they, without scruple, insert his answers, containing nothing but assertions unsubstantiated, and menaces so destitute of meaning, as not to require a reply.
As Mr. Hamilton appears to have been the most prominent character in the meeting at New-York, we think it fit to analyse his speech, in order to estimate the weight that it ought to have either with the national legislature, or with a dispassionate public.
He implies, that
1. The memorial of the bar of Philadelphia was treated with disrespect. If this true? Never was any memorial presented to congress treated with more respect. It was read and heard with attention. Adverted upon by the opponents of the repeal, and noticed with respect by the friends of the repeal, who however, observed, that as it contained nothing new, it did not require more than ordinary attention.
2. He declared, that if the bill passed, the constitution was but a shadow, and we should be ere long divided into separate confederacies, turning our arms against each other.
Here is the awful cry of dissolution, that was raised in the senate, again repeated. Let the nation remark this; and let them also remark, that they who are the first to raise the cry may be those who feel the least abhorrence to the thing itself. If the Union is to be dissolved, who are to work the dissolution? Not the nation, which, by its representatives, wills a particular act; but they, who, in defiance of the national will, menace us with internal disorder.
3. He solemnly called heaven to witness his devout desire, that the system of government adopted among us might prosper.
We impeach the sincerity of no man. But we remember facts; and we ask, did not Alexander Hamilton propose in the federal convention a system that was monarchy; nay, that was worse than monarchy; and that subjected the States to the mercy of the general government, by giving to the President the appointment of the governors of the States, and to them a vote on the passage of all laws?
Did not the same gentleman, say he wished to God the insurgents had burnt the town of Pittsburg?
If these are facts, and if they were not believed to be facts they would not be stated as facts—then may Mr. Hamilton say;
4. Between a government of laws administered by an independent judiciary, or a despotism supported by an army, there is no medium. If we relinquish one, we must submit to the other.
For, affixing his own idea to the terms "laws," and "independent judiciary"; making the first the acts of any body but the national legislature, and the last totally independent of those acts; he may exclaim, if you give not your judges these prerogatives, you shall have a despotism, and the sword shall give it you.
Let the nation appreciate such sentiments!
HOUSE OF REPRESENTATIVES, U. S.
WEDNESDAY, February 17, 1802.
Mr. SOUTHARD presented a memorial from certain councillors of law of the state of New-Jersey, praying that the law for the repeal of the judiciary system of the last session may not pass.—Referred.
A message was received from the President of the United States, enclosing a report from the Director of the Mint; and statements in relation to the Barbary Powers, containing accounts of all the expenses incurred with them since the commencement of the government.
The house went into committee of the whole on the judiciary bill; when Messrs. Thompson, Davis and Bacon spoke in favour of the repeal, and Mr. Thomas Morris against the repeal of the law of the last session.
THURSDAY, February 18, 1802.
Several memorials from citizens of Philadelphia were presented, praying that the judiciary law of the last session may be repealed.
The house then resolved itself into a committee of the whole on the judiciary bill, when Mr. Stanley spoke again, and Mr. Giles in favor of the repeal.
Baltimore, Feb. 17.
The United States Schooner Enterprise, Lieut. Andre' Sterret, fired a salute of 15 guns, and weighed anchor this day, with dispatches for the Mediterranean.
New-York, Feb. 15.
The ship Orlando, capt. Markhalk, arrived yesterday, left Bordeaux the 2d of January. At the date of her departure, the negotiations of Amiens were progressing, but the definitive treaty between England and France had not yet been signed. The French fleet sailed from Brest, Rochelle, and Rochefort, for the West-Indies, on the 14th of December. The whole of the troops which were on board of the fleet, amounted to 30,000 men, under the command of General Le Clerc, brother-in-law to Bonaparte. Benezech went out as Maritime Prefect—and Villaret Joyeuse as Admiral.
Verbal accounts by this arrival state, that the United States of America are treated with very little respect at the court of Bonaparte, in consequence of their neutrality, and the not making it a common cause between them and the Republic, in her late warfare.
The apparent coolness shewn on the arrival of our ambassador at Paris, is certainly confirmatory of this account. The French official paper merely mentions, that Mr. Livingston had been presented to the First Consul.
The splendor with which Lord Cornwallis was received at Paris, contrasted with the reception of Mr. Livingston, was even noticed in France on the arrival of the latter gentleman. It was thought somewhat singular, that so much more attention should be paid to the minister of a monarch, than to one from "a sister republic."
We have been a letter from Bordeaux, of the 27th Dec. received yesterday by the Orlando, which mentions that commerce was completely at a stand, and would probably remain so till the definitive treaty was ratified.
The Paris and Bordeaux papers, received by the Orlando, although of a late date, contain no news.
Captain Markhalk has brought dispatches from Commodore Dale, for the Secretary of the Navy. The United States ship President had been driven ashore at Port Mahon, in the island of Majorca, but was got off with little damage.
The brig Sally, of this port, sailed from Bordeaux on the 6th January, and has dispatches on board, from Mr. Livingston to the Secretary of State.
Alexandria, Feb. 16.
The Legislature of Virginia at their last session, passed an act authorizing the Potowmac Company to open the navigation of the river Shanandoah; this extension of their power will probably be an object of much importance, as well to the inhabitants of the District of Columbia, as to the people who reside contiguous to the waters of the Shanandoah and Potowmac in the western parts of Virginia and Maryland.
PHILADELPHIA, Feb. 15.
We have been favoured with two letters from Lancaster, from which we have made the subsequent extracts:
"LANCASTER, Feb. 12, 1802."
"The bill, entitled, "An act, declaring the holding offices or appointments under this state incompatible with the holding or exercising of offices or appointments under the United States," has passed both houses of the legislature, by a constitutional majority.
"In the house of representatives, the yeas were, 76, nays 4 "In the senate, yeas 18, 7
94 11
"Therefore, it has constitutionally become a law of the land, without the governor's approbation. The unanimity displayed on this occasion, is, perhaps, unprecedented in Pennsylvania."
Fifty Dollars Reward.
RANAWAY on Saturday night the 26th of last month, a Mulatto named CYRUS, about 22 or 23 years of age, five feet six or seven inches high, with dark bushy hair. He has served an apprenticeship with a millwright, and is a good workman. He stole from Popes Creek, the estate of Daniel McCarty, Esq. in the county of Westmoreland, a small forest horse, a neat light saddle, not much worn, made by James Smock, Fredericksburg, and a snaffle bridle, with a variety of wearing apparel. He has for wife a maid belonging to general Lee of Stratford, and it is conjectured he will endeavour to secret himself in the neighbourhood of the City of Washington, in expectation of meeting with his wife. Whoever will apprehend the said slave and deliver him to me, shall receive the sum of fifty dollars; and I will also give a further reward of ten dollars to any one who may restore the horse and saddle.
JOHN ROSE.
Virga. Leeds, Jan. 11, 1802. wat
Public Auction.
By virtue of an order from the Orphans court of Prince George county, will be exposed to Public Sale for cash, on the 24th day of March next, at the dwelling of Richard Lamar, in said county.
All the property of Mary Lamar, deceased; consisting of cweve negroes, among which are women, girls, and boys—Also a variety of household furniture.
All persons indebted to the said estate are desired to make payment immediately; and those that have claims against the same, are required to exhibit them properly authenticated, before the first day of May next, to the subscriber.
JOHN LAMAR, Admr. Feb. 19, 1802. ep3w
TO RENT.
LOT No. 3, square 233, on which is erected a commodious dwelling house for a small family. Kitchen, stables, &c. This will be rented for a term of years, with liberty to build a store on the fourth west corner, to defray the expenses of which a certain portion of the rent will be allowed annually. Possession may be had the 1st of April next.
There are also to rent lots fronting on the market square, Lot No. 4, and 21, joining the Hotel Spring, lot No. 13, in square 347, joining the Market and Court's Printing Office, 28 feet front, joining Stetson's Hotel, lot No. 2, in square 705, near the Eastern Branch.—I will sell lot No. 8, in square 228, joining a lot where a Mr. Clasky built a handsome frame house; for this I will take carpenter's work, if some lumber is found.—I will also sell for a term of years, then to be free, two Negro Girls, one about 16, and the other about 9 years old.
JAMES R. DERMOTT. Feb. 19, 1802.
NOTICE.
Will be offered for sale by Auction, on the 18th day of March next, on the premises, one moiety or half part of an excellent frame house in the City of Washington, on Pennsylvania Avenue, between the Seven Buildings and George-Town.
At present occupied by Mr. Watkins, and adjoining the brick house in which Mr. Amariah Frost lives. One half part of the lot will be sold with the house, and Jacob R. Rhodes's title to the same will be conveyed to the highest bidder. This property is taken by virtue of two writs of fieri facias to me directed, issued out of the circuit court of the United States, for the district of Columbia, sitting in the county of Washington, Frederick Betz, against Hugh Boyd, Jacob R. Rhodes, and George Hayward. Terms of sale cash—Time of sale 11 o'clock. A. M.
DANIEL C. BRENT, Marshal. Feb. 19, 1802. epts
In Council, Annapolis, Feb. 8, 1802.
Ordered, That the act to alter such parts of the constitution and form of government as relate to voters, and the qualifications of voters, passed at the last session of the general assembly of this state be published, twice in each week, for the space of three months, successively, in the Maryland Gazette, at Annapolis; the federal Gazette, the American and the Telegraph, at Baltimore; the Museum, at George-Town; the National Intelligencer; the paper at Easton; Bartges's paper, at Frederick-town, and in the Washington Spy.
By order, NINIAN PINKNEY, Clk.
An ACT to alter such parts of the constitution and form of government as relate to voters, and qualifications of voters.
Be it enacted by the General Assembly of Maryland, That every free white male citizen of this state, and no other, above twenty-one years of age, having resided twelve months in the county next preceding the election at which he offers to vote, and every free white male citizen of this state above twenty-one years of age, and having obtained a residence of twelve months next preceding the election in the city of Baltimore or the city of Annapolis, and at which he offers to vote, shall have a right of suffrage, and shall vote by ballot in the election of such county or city, or either of them, for delegates to the general assembly, electors of the senate, and sheriffs.
And be it enacted, That all & every part of the constitution and form of government of this state repugnant thereto, or inconsistent with the provisions of this act, shall be and the same are hereby abrogated, annulled and made void.
And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government thereof, that in such case this act, and the alteration of the said constitution contained therein shall be considered as a part of the said constitution and form of government, to all intents and purposes, any thing therein contained to the contrary notwithstanding.
February 19, 1802. 2aw.3m.
NOTICE.
THE Copartnership of McCORMICK and COCHRAN, being by mutual consent, dissolved, those indebted to them are requested to pay their accounts without delay to Alexander McCormick, who will pay any demands due by the said firm.
ALEX. MCCORMICK, ALEX. COCHRAN. Feb. 10, 1802. ept
The Business will be carried on by Alexander McCormick.

GEORGE WALKER,
REQUESTS those who may have any claims against him, that have not yet come to his knowledge, to bring them in for immediate settlement; and informs those who are indebted to him, that no longer indulgence than the 15th of next month will be given.
He has yet remaining on hand for sale, six hundred and thirty-six of the very best of the lots arising from the tract of land of which he was the simple proprietor before the City of Washington was laid out; and which lots are situated on the Eastern Branch near to where the bridge is about to be built; extending from thence over the high ground on each side of the Post Road, north east of the Capitol.
The recording clerk's office here, will show the title to be good. He will let for a reasonable rent, about 80 acres of land, included at the north end of his plantation, and within ten minutes walk of the Capitol; containing a large barn and two good stables, two large orchards of choice fruit, a new garden, two good springs, and the use of an excellent well of water convenient, with a small dwelling house which will be erected in a few weeks hence. This place is well calculated for gardening, a dairy and a lively stable.
He also wishes to let a two story frame house calculated for a store, on square No. 728. And will sell or let, a barn 50 feet by 25, on square No. 919, East Capitol Street.
Washington, Feb. 17, 1802. epf
IN COUNCIL,
Annapolis, January 20, 1802.
ORDERED , That the resolution of the last session of the assembly respecting the debtors of the state, be published in the Maryland Gazette, at Annapolis; the Federal Gazette, at Baltimore; the Museum, at George Town; the National Intelligencer; Barges' Gazette, Hager's Town, and the paper at Easton, three times in each week for the space of three weeks successively for information; and all delinquent debtors are notified, that unless they make satisfactory payments to the treasurer of the Western or Eastern shore (as the case may be) on or before the tenth day of March next, suits will be commenced against them indiscriminately.
By order, NINIAN PINKNEY , Clerk.
BY THE HOUSE OF DELEGATES.
December 31, 1801.
Resolved, That the Governor be and he is hereby authorised, by and with the advice and consent of the council, to direct suits to be commenced against such of the debtors to the state as he may think proper, and appoint an attorney or attorneys to any particular suit or suits so directed to be brought: Provided, That all debts due to the state shall be paid to the treasurer of the Western or Eastern shore, and to no other person or persons whatsoever.
Resolved, That on the application of the governor to the treasurer of the Western shore, it shall be the duty of the said treasurer, and he is hereby required, to furnish the governor with correct statements of the debts due to the state.
By order, WM. HARWOOD , Clerk.
BY THE SENATE.
December 31, 1801.
Read the first time and ordered to lie on the table.
By order, JOHN B. DUCKETT , Clerk.
BY THE SENATE.
December 31, 1801.
Read the second time and amended to.
By order, JOHN B. DUCKETT , Clerk.
Feb. 12, 1802. ep3w
VALUABLE LAND FOR SALE.
FOR sale about 4500 acres of land belonging to the estate of Judge Mercer, deceased, and situated in the county of Loudoun, on the waters of Goose Creek, about 40 miles from Alexandria and the Federal City. A large portion of this tract is meadow ground, of good quality, and the soil of the high land is well adapted to every species of produce usually cultivated on land similarly situated in the upper country. Such portion of it as remains uncultivated, affords an extensive and excellent range for stock of every kind. On one part of this land is one of the most valuable mill seats in the state. The supply of water is inexhaustible, and the mill could be erected immediately on the side of the public road leading from Winchester to Alexandria. It is computed that the number of wagons almost constantly travelling along this road, amount to at least 5 or 600. So that a ready market might always be had here, for a very considerable quantity of grain and hay.
'Tis deemed unnecessary to describe more particularly the many advantages of this tract of Land, as it is expected that all persons disposed to purchase, will first view the premises. To accommodate purchasers the whole tract will be divided into lots of 4 or 500 acres each, with as much wood and meadow land to every lot as circumstances will admit. And it is believed that the whole 4500 acres may be so laid off into farms of the above-mentioned size, as to leave in each as much wood and meadow land as would be desired.
The price and time of payment will be made known by the subscribers. Letters directed to John T. Brooke, Fredericksburg, or to James M. Garnett, Laytons, will be answered without delay.
JOHN T. BROOKE, JAMES M. GARNETT, } Adm'rs Feb. 8, 1802. epf
The Subscriber
RESPECTFULLY informs the public that he has removed from George-Town to the Mountain Run, near Rhodes's City Tavern. Where he is furnished with a good hostler, carriage house, and it being for eighteen horses, and every thing in his line to render the accommodation of travellers agreeable. The strictest attention will be paid by
CHARLES ROGERS. N. B. Ten or fifteen gentlemen can get board and lodging on moderate terms. Dec. 23. epf
NOTICE.
COMMITTED to the Jail of Washington County, in the District of Columbia, as a Runaway, a Negro Woman named CHARLOTTE , about nineteen years of age, five feet four or five inches high. She says she is the property of Lewis St. John, near Battle Town, Frederick county, Virginia. The owner is requested to come and pay Charges and take her away.
DANIEL C. BRENT, Marshal of the District of Columbia. Feb. 5, 1802.
Partnership Dissolved.
DOUGHTY & KING have this day by mutual consent dissolved their partnership, it is therefore requested that all persons indebted to the said FIRM will make payment to William Doughty, who is appointed to settle their accounts, and that those having any claim will make application as above.
N. B. James C. King continues the Lumber business on his wharf near the Rock Creek Bridge. Feb. 3. epf
THOMAS CARPENTER, TAYLOR,
SOLICITS a continuation of that generous encouragement which he has experienced from the Ladies and Gentlemen of this City and its vicinity. Having procured an elegant assortment of clothes, cassimeres, swansdowns, &c. and engaged workmen of superior talents His unremitting attention shall be given to merit patronage.
Capitol Hill, next house east of Mrs. Finch's boarding house, and Pennsylvania Avenue between the President's square and Seven Buildings. Dec. 7, 1801. epf
Valuable property for Sale.
ON Tuesday the 23rd of February next, will be offered to sale to the highest bidder, at Tunnicliff's Tavern at 4 o'clock in the evening, a two story BRICK HOUSE , with 2 rooms and a passage on each floor; situate on Lot No. 20, in square 728, in the City of Washington, on East Capitol Street. The terms will be made known on the day of sale, by
SAMUEL TYLER. Jan. 25, 1801. tawar
Marshal's Sale.
By virtue of two writs of Venditioni Exponas issued out of the Circuit Court of the District of Columbia, for the county of Washington, to me directed, will be sold at Rhodes's Tavern on Tuesday the 23rd of this month,
ALL the right, title, and interest of William King, to a brick house and appurtenances on Lot No. 73, in sq. No. 104, in the City of Washington, to satisfy debts due Thomas K. Beale, adm'r. of Joseph Clarke, for the use of Stephen Wilson's administrators. The sale to commence at 11 o'clock, P. M. Terms of sale ready money.
DANIEL C. BRENT, Marshal of the District of Columbia. Feb. 3, 1802. epf
To Rent,
And possession given immediately, A TWO STORY BRICK HOUSE, North front of the President's House, CONTAINING
TWO Parlours and four Bed-rooms, with Garden, &c. It is convenient to the Public offices, and may be had furnished or unfurnished, with or without board, on reasonable terms, to an agreeable tenant. Enquire of the Printer, or on the premises. Also,
Wanted Employment, For a YOUNG MAN , who would engage as an assistant in a store, having kept one of his own, of course accustomed to it. Would act as Steward and superintend a plantation, or the like—would make himself useful in any situation.—Enquire of the Printer hereof. November 25. gtawf
Mrs. PICK,
Takes the liberty to inform the ladies of George-Town and City of Washington, and its vicinity, that she has this day opened at Mr. Kirtz's, opposite the Union Tavern, an elegant assortment of MILLINERY , consisting of,
Velvet bonnets, caps, shawls, embroidery, dresses, handkerchiefs, artificial flowers, plumes, trimmings both gold and silver, bugle spangles, sacks, muffs, belts and tassels, straw bonnets, cassimere shawls and bonnets, gold and silver thread, wigs and frizzettes, perfume of all kinds, &c. &c. and other articles too numerous to mention; which she will sell on moderate terms. Dec. 23. epf
BOLTING CLOTHS.
A GENERAL ASSORTMENT OF BOLTING CLOTHS Of the best qualities and latest importations, are kept for sale by OLIVER EVANS , at the corner of Market and Ninth Streets, Philadelphia, and
By OLIVER & EVAN EVANS , With BOHN and SLINGLUFF , at the corner of Market and Howard Streets, Baltimore. Also, with DEAN & GARDNER , Union Street, Alexandria.
The book entitled the YOUNG MILL-WRIGHT and MILLER'S GUIDE , may also be had at the above places. Jan. 29, 1802. ep4w&op4w
The Subscribers.
TO Dr. Ruffel's History of Modern Europe, in the City of Washington, and neighbourhood, are respectfully informed, that the two volumes of Ancient Europe, by the same author, are also published, and may be had at any book-store in Washington or George-Town. Feb. 15, 1802. epf
Michael Roberts,
Has just received from Europe and Philadelphia, and now offers for sale at his store, High-Street, George Town, a large supply of best
STATIONARY,
And other articles in his line, among which are: PAPER , Atlas, Imperial, Superroyal, Medium, Demy, Folio, Pools Cap, and hot press'd gilt wove, and plain 4to post of a superior quality. Blank books, parchment, printers ink, quills, ready made pens, sealing wax, and wafers. Fowling pieces and pistols. Swords, sword knots, epaulets and military articles of every description. Plated ware and fine cutlery. Perfumery and dressing apparatus. Morocco skins, bend and cork foals. Buckskin pantaloons and breeches. Coach lamps, gig springs, and plated harnesses. Drum battle doors, back gammon tables, cribbage boxes, billiard balls, dice, playing cards and chessmen, whips and canes; beaver hats, umbrellas, travelling trunks, and an assortment of hard ware, upholsterers ware, &c. &c.
Also for sale at the above store, by Edgar Patterson , Madeira and Sherry wines, best French brandy, and Cherry Bounce; Imperial and hyson teas, loaf sugar, cheese, liquor cases demijohns &c. &c. Feb. 12, 1802. epf
ROBERT CHERRY,
Near the Sugar House, New-Jersey Avenue, has just received (in addition to his former stock) per the sloop Harmony, captain Elwood, from Philadelphia.
A GENERAL assortment of groceries and liquors, viz. Pennington's loaf and lump sugar, Havannah white, Jamaica and St. Croix brown do. hyson, young hyson, hyson skin, souchong, and bohea teas, coffee, pepper, allspice, nutmegs, and cloves; hair powder, plain and scented, box and keg raisins, mould and dip candles, white and brown soap, Devon's best mustard, shad, mackerel, and herring in barrels, dried codfish, &c. Cognac brandy, Holland gin, Jamaica and Antigua rum, Madeira and Lisbon wine, with other articles, all of a good quality. Also a trunk of swansdown, glass in boxes, 12 by 10 and 8 by 6, which he will sell low for cash, or barter for first quality tobacco. The above articles have been laid in at a falling market, and shall sell the same at very reduced prices for cash. He returns his sincere thanks to his friends and the public, for the encouragement he has already met with since his residence here, and hopes for a continuance of their favours, which will be thankfully acknowledged. January 9, 1802. epf
ROBERT CHERRY,
COMMISSIONER'S OFFICE, Washington, Jan. 26, 1802
ORDERED , By the Board that the following Proclamation be published thrice a week for three weeks successively, in the City and George Town newspapers.
THOMAS MUNROE, Clerk. Com.
BY THE PRESIDENT,
OF THE UNITED STATES.
WHEREAS by the first article of the terms and conditions declared by the President of the United States on the 17th October 1791, for regulating the materials, manner of buildings, and improvements on the lots in the City of Washington, it is provided, That the outer and party walls of all houses in the said City, shall be built of brick or stone; and by the third article of the same terms and conditions, it is declared that the wall of no house shall be higher than forty feet to the roof in any part of the city, nor shall any be lower than thirty-five feet on any of the Avenues: And whereas the above recited articles were found to impede the settlement in the city, of mechanics and others whose circumstances did not admit of erecting houses authorised by the said regulations, for which cause the operation of the said articles has been suspended by several acts of the Presidents of the United States from the 5th day of June 1796, to the 1st January 1802, and the beneficial effects arising from such suspensions having been experienced; it is deemed proper to revive the fame with the exception hereafter mentioned—
THEREFORE , I, THOMAS JEFFERSON , President of the United States, Do declare that the first and third articles above recited shall be, and the same are, hereby suspended until the first day of January 1803, and that all houses which shall be erected in the said City of Washington previous to the said 1st day of January 1803, conformable in other respects to the regulations aforesaid, shall be considered as lawfully erected; except that no wooden house covering more than three hundred and twenty square feet, or higher than twelve feet from the sill to the eve, shall be erected, nor shall such house be placed within twenty-four feet of any brick or stone house.
GIVEN under my hand this twenty-third day of January, in the year 1802.
TH: JEFFERSON. Jan. 29, 1802. ep3w
For Sale or Rent,
Two three story brick houses in Alexandria, completely finished, on King and Columbia Street, with sundry valuable property near the same, possession whereof may be had immediately. The situation for the flour and grocery business is equal to any in Alexandria. For terms apply to Henry Thomas Moore. Alexandria, or to the subscriber.
NICHOLAS VOSS. May 4. 2aw4w. tawa
TO THE MERCHANTS
Of George-Town and Alexandria.
A GENTLEMAN of experience in business intends going to the West Indies the ensuing Spring, and will have leisure to transact any commission business that may be confided to his care.
His credentials will be unexceptionable.— Any gentleman wishing further information, will be attended to by addressing a line to A. Z. and left in the care of the Editor of the National Intelligencer. Jan. 29, 1802. 2aw4w
The subscriber respectfully ac-
quires the public, that he has removed to the corner of Ninth and B 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 to Mr. Wild's store, Market Street, Baltimore.
GEORGE ANDREWS.
Who has gold leaf for sale by the package or book. May 8, 1801. iy
NEW STORE.
THE Subscribers most respectfully inform the Public in general, and their friends in particular, that they have just opened an abundant assortment of
Dry Goods,
SUITABLE FOR THE SEASON, On the Pennsylvania Avenue, between the President's Square and the Seven Buildings, which they purpose to sell low for cash.
ALSO,
A few casks of Cut Nails.
SHARPLESS & SMITH. November 25. ep3
For sale, or to be rented.
A House and lot on the Capitol Hill—the lot is 20 feet 2 inches on Delaware Avenue, and about 190 feet deep extending back to a 30 feet Alley. The House is a handsome well furnished convenient three story brick house, containing 2 seated parlors, 5 chambers, 2 parlors—kitchen with a pantry and cellar.
It is directly opposite to the Buildings of WASHINGTON, occupied by Gen. Dearborn, near adjoining to a number of houses belonging to Mr. Carroll, rented to Mr. Dalton and others From its vicinity to the Capitol, it is well calculated for a private family; or a person attached to the offices of the Federal Legislature.—Adjoining is a lot of about 40 feet front on same Avenue, and running same depth back, (the whole under a good post and rail fence) which, if required would be sold at same time. If rented, the Tenant may have the use of the whole of the lot, which would make an excellent garden, having a South and Eastern exposure, as long as convenient to the proprietor. This property would be sold a Bargain for satisfactory payments, or well situate property in Philadelphia would be taken in exchange.
Apply to Benjamin Burch, New Jersey Avenue or to the Editor of the National Intelligencer—or to Carrick and Percival, Philadelphia. Nov. 21. tf
FOR SALE.
A TRACT of land containing 2,500 acres lying immediately on the river Potomac, in the county of Northumberland, Virginia, late the residence of PRESLEY THORN ON, Esq. Seventeen hundred acres of which are of the most valuable kind of low ground on the river; between three and four hundred acres heavily timbered, the remainder is wavy high land extremely productive. The soil of this tract is equal to any in the state for cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious two story brick mansion house and two offices, a large brick stable, a valuable barn, cow house and many other out-houses, all in good repair. The orchards and garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Alexandria, Baltimore or Norfolk—there are two good mill seats for grist, or saw-mills on this estate, and plenty of cedar and chestnut timber, exclusive of the heavy timber, which if sawed up into scantling will command a price in the City of Washington, nearly equal to the value of the land. The terms will be made easy to the purchaser or purchasers, and the tract will be divided into two or more plantations if necessary.—Apply to
RICHARD PETERS, junr. No. 85, Walnut-street Philadelphia. Philadelphia, Nov. 11. epf
CONVEYANCERS OFFICE,
AND OFFICE FOR SALE OF CITY LOTS,
On the Pennsylvania Avenue fronting the President's Square, near Rhodes's tavern, City of Washington.
THOMAS HERTY has connected with the business of drawing Conveyances of Land, Wills, Mortgages, Leases, Bonds, Assignments powers of Attorney, petitions, and every other piece of deed or contract in the profession; that of buying, selling and leasing lots and houses in the City, negotiating loans, &c.
His long experience as a draftsman, and knowledge of the laws relative thereto—the knowledge which he has acquired by residence of the situation of City Lots, and how their titles have been acquired, or are liable to be affected; together with his impartial and strict regard to the interest of those who may be pleased to employ him, will, he hopes, secure to him a continuance of public patronage. Titles to real property investigated, and opinions given thereon when required.
For sale a great variety of Lots, in desirable situations in the City.
N. B. At the above office may be had, his Abridgement of the Laws of Maryland, price 6 dollars. Also his Digest of the Laws of the United States, price 3 dollars. As the Laws of Maryland are in full force on this side the Potomac, it behoves settlers to avail themselves of that information which affects their lives, liberties and property. He who is without a knowledge of his "rule of conduct" is like a stranger in his native land. May 4. 2aw4w. tawa
COALS , hickory and oak wood, all of a superior quality, to be sold low for cash, at Radmond and Garrett Barry's new wharf. Also 12 cases of hollow glass, and 14 liquor travelling cases. Jan. 27, 1802. epm
FOR SALE,
If application be made on or before the first of April.
THE Subscriber will sell at private sale, his House and lot on High-street, in George Town—For terms apply to Wm. Waters, George Town. Feb. 15, 1802. epf
JOHN WATERS.
For Sale,
Or to To Let, on Ground Rent for ever,
FIFTY LOTS, SITUATE between the President's House and Capitol.—The titles to which is indisputable.
ISAAC POLOCK. Dec. 16. epf
NOTICE.
ALL persons having claims against the estate of JASPER DE CARNAP, late of the City of Washington, deceased; are desired to exhibit their accounts for settlement, and those who are indebted are earnestly requested to discharge the same without delay.
ELIZABETH DE CARNAP, Administratrix.
HENRY INGLE, Administrator Dec. 11, 1801. ep8w
CHARLES VARDEN,
Merchant Taylor, from Philadelphia,
GRATEFULLY acknowledges the favors conferred on him by the gentlemen of this City, and flatters himself that the general satisfaction he has already given will merit a continuation of the same. He has also received a handsome assortment of goods from Philadelphia, consisting of, Best superfine cloths, Cassimeres, Swansdown, Toylenets, Velvelettes, Fancy Cords, Coatings, Flannels, &c.
N. B. Regiments, Naval Uniforms, and Ladies' Habits, made in the neatest and most fashionable manner, and at the shortest notice—Washington City, New-Jersey Avenue, next to Mr. Rapine's book store. Dec. 16, 1801. epf
FOR SALE.
THE subscriber is authorised to sell a tract of land containing four hundred acres, lying in Prince George county, on Oxen Run, adjoining the district of Columbia, and about two miles from the City of Washington, with a good road to that part of the Eastern Branch over which a bridge is to be built.—This land is healthy and abounds with springs of excellent water.
There are between twenty and thirty acres of meadow ground, with a fine stream through it, which may be prepared for Timothy at a small expense, and at least two hundred acres in wood and timber. The wood itself will more than pay for the land. The cleared land, except a small part indeed, is of an excellent quality, and has on it a large tobacco house, and several houses suitable for the accommodation of labourers. This land has on it some elegant situations for country seats, commanding a view of the river and the city. If this land be not sold at private sale, before the tenth day of March next (and if it be, timely notice will be given) it will on that day, if fair, if not, the first fair day thereafter be sold to the highest bidder on the premises. The greater part of the purchase money will be required down; a credit of three months will be given on the balance, the purchaser securing the punctual payment of the balance at the expiration of that time. Persons disposed to make a private purchase, may know the terms by application to Wm. Coote, of Baltimore Town, of Mr. James F. Leitch of Manchester, Virginia, Mr. John Addison at Geesborough, near the City of Washington, or to the subscriber in the city of Washington.
PHILIP T. BAKER, Attorney for J. Addison. Jan. 18, 1802. epf
For 6666 dolls. & 66 cts.
AT EASY PAYMENTS.
The subscriber offers for sale a Tract of land on Aquia Creek, in the county of Stafford, containing about 500 acres, two fifths of which is woodland, lying chiefly on the water. This tract possesses the following improvements and advantages—A two story framed dwelling house and the usual out-houses; orchards of apples, peaches pears, cherries &c. a falling garden neatly laid out, several springs of excellent water, and a well at the door. The dwelling house is situated on an eminence commanding a most delightful and extensive prospect of the Potomac (from whence it is distant about two miles) for thirty or forty miles; and of the Aquia from its confluence with the river to the head of tide water at Woodstock—a prospect perhaps equalled by few in the U. States. The tract abounds with valuable quarries of free stone of every quality. Some of them contiguous to deep water, and nearer the Potomac than any that are now in operation on said Creek. For one acre, containing a free stone quarry three miles further from the Potomac, the proprietor has refused 3000 guineas, and eleven acres adjoining the said acre, were sold for 600 dollars. There are also two valuable marbles, several fishing stores for rock, shad and herring, and plenty of wild fowl in season. It is believed by good judges, that the timber on the timber on