The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-01-23 00:00:00

The National Intelligencer,
AND WASHINGTON ADVERTISER.
Vol. I. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, NEW-JERSEY AVENUE, NEAR THE CAPITOL. No. XXXVI.
FIVE DOLLS. PER ANN.
FRIDAY, JANUARY 23d, 1801.
PAID IN ADVANCE.
FIRST REPORT
From the committee appointed to consider of the present high price of provisions, by the British House of Commons.
The committee appointed to consider of the present high price of provisions, and to whom so much of his majesty's gracious speech from the throne to both houses of parliament, as relates thereto; & also the several petitions presented to the house, complaining of the high price of provisions; were referred:
Have, in proceeding to the consideration of the important and extensive subject referred to them, thought it their duty to direct their attention, in the first instance, to such measures as might be proposed for alleviating, as speedily as possible, the present pressure, without entering, at this moment, into a detailed enquiry respecting the various causes which may have concurred in procuring it. Your committee conceive, that by so doing, they shall best execute the intentions of the house, which has already shown, by its proceeding, that it considers the deficiency of the stock of grain at the commencement of the late harvest, and the high price which now prevails, as sufficient inducements for adopting, without loss of time, the most obvious remedies. With this view, laws have already been brought forward for encouraging the importation of grain; for empowering his majesty to prohibit the exportation of every article of provision; for permitting the importation thereof free of duty; for prohibiting all distillation from grain, and the use of wheat in starch; for permitting the barley which was damaged by wet, to be made into malt, without being steeped during the time now required by law; for allowing sugar to be used instead of malt in the brewery; and for lowering the duty upon the importation of hops.
Your committee were confirmed in their opinion of the propriety of this order of proceeding, by considering that no minute enquiry into the state of the crop or the stock now in hand, could be made without great delay: even supposing that any mode had been suggested for conducting such an enquiry, which afforded a reasonable prospect of sufficient accuracy in the result, and which would not be attended with great, if not insurmountable objections in the execution. Your committee also see no ground for believing that any result, attainable by the most detailed enquiry, could lead to any practical conclusion, applicable to the present emergency. At the same time, having many documents before them, which could be examined without much delay, and which, checked by the very extensive information of members from different parts of the country, appeared likely to enable them to form a general estimate of the crop, your committee have thought it right to avail themselves of those materials for that purpose.
These documents consist of very numerous returns to those enquiries, which different departments of government have directed to be made by the receivers of the land tax: by the various officers employed under the boards of taxes, stamps and excise; and by those amongst the clergy, to whom circular letters for that purpose had been addressed by the bishops in each diocese. Though the returns are not complete from every county, yet the omissions upon the whole are neither numerous nor important.
Your committee are sensible, that upon the accuracy of accounts of this nature, taken separately, no positive reliance can be placed; or at least, that the weight to be given to them, must vary in each instance, according to the opinion entertained of the diligence and information of the persons by whom they are made. Your committee observe, however, that the general result of the returns made by each description of persons is nearly the same; that result is strongly confirmed upon the whole, by information of members from almost every part of England, founded upon their local enquiries, observation, and correspondence. Whether the average is
truck from the statements of the crop in the several counties, without regard to their size, population, or productiveness, or by throwing them into different classes with a view to those important points, still the general conclusion is not materially affected. Your committee have not had the means of enquiry respecting the produce of Scotland; but their information as far as it reaches, is by no means less favorable. Your committee, therefore, think themselves justified in taking this general result, as a sufficient ground for those opinions and measures which they propose to submit, without delay to the judgement of the house.
There appears upon the whole of this information, reason to believe, that the general deficiency in the crops of wheat in England and Wales, below an average crop, does not amount to quite so much as one fourth; and that the crops of barley and oats (though by no means uniformly good) have been very productive in many of those counties from which the principal supply is ordinarily furnished; and therefore that the produce of the kingdom, in those articles, cannot, upon the whole, be considered as materially inferior to an average crop. It is also probable, that in forming an average under such circumstances as the present, where the harvest has been so uncommonly various in different districts, and even in different parts of the same district, greater weight may have been given to instances of deficiency than to those of abundance, and that the produce is more likely to be stated below than above the truth. It is also very material to observe, that by all the accounts, there is reason to think that the quality of every description of grain is upon the whole greatly superior to that of the last year; and that therefore the increased quantity and superior quality of flour to be derived from a given quantity of grain, may be expected to compensate, in some degree, for the deficiency of the produce below the average estimated by the acres. The accounts of the stock in hand furnished by these returns, are necessarily more uncertain; they are in some degree various; but they do not upon the whole furnish any ground for doubting the prevailing opinion, confirmed by the general information of the members who have attended your committee, that the stock of British corn at the harvest was reduced far below the usual amount, and was in most places nearly, in many absolutely exhausted.
In addition to what has been heard respecting the produce of the crop and the stock in hand, it is to be observed, with a view to the state of the markets in the time which has elapsed since the harvest, that the farmers during that period have had a double demand to supply out of the new crop, for consumption and for seed, and thus at a season when most of their hands were employed in the ordinary labors of the field. The quantity of grain for seed corn is generally estimated at about six weeks consumption; and the increase of this quantity in the present year, from much more land being sown with wheat than usual during a season particularly favorable (though it gives an encouraging prospect of future plenty) must have added, for the time, to the difficulty of furnishing sufficient supplies for the market, and thereby have contributed to increase the temporary distress. This unusual demand for wheat, and other circumstances also peculiar to the season, have contributed in many places to delay the thrashing out Barley and Oats, and may have had a similar temporary effect on the price of these articles.
It appears to your committee, that these circumstances might be expected to have produced a very high price at this season, even if the late harvest had been abundant: that the degree in which it has been deficient, must naturally have added to such price, whether with or without the concurrence of any other causes, the existence and effects of which, your committee propose to investigate in a further stage of their proceedings. Your committee, therefore, think it may reasonably be ex-
pected, that the price produced in some degree by temporary circumstances, will, when those circumstances have ceased to operate, experience a reduction; especially when it is generally known, that on the result of all information that has been collected from every part of the kingdom, there is no ground to suppose that the deficiency in the crop below the usual average is greater than what your committee have already stated; and when it is also seen to how considerable an extent we may confidently expect that deficiency to be remedied, by the double operation of importation and economy.
With respect to the former of these objects, your committee observe, that within twelve months, from September 20, 1799, to September 27, 1800, there have been imported into Great Britain no less than
  1,261,932 Quarters of wheat and flour,   67,988 Barley,   479,320 Oats,   300,693 cwt. Rice. 
This happened under the unfavorable circumstances of a harvest abroad uncommonly deficient in quality, and not abundant in quantity, and of the late period of the season, when the bounty was granted by parliament.
It has been stated to your committee, by several of the principal importers of corn, that the wheat of the present year, in the North of Europe, is by all accounts far superior in quality to that of last year; in Germany it is represented as abundant; and though some less favorable accounts of later dates have been received from other parts, yet it is stated, that little reliance is to be placed upon them; as they have only become less favorable since the deficiency of the crop in this country has been a subject of speculation abroad; all other grain (except Rye) has been uncommonly abundant in most parts of the continent of Europe. The harvest in America, both of wheat and rice, has been unusually plentiful. The indemnifying building, now proposed to be given, is considered by those importers whom your committee have examined as much more satisfactory than that which was granted in the last session, and as likely to afford still more effectual encouragement.
There seems therefore no reason to doubt, as far as depends upon the state of the harvest abroad, and the probable exertions of foreign and British importers, that the supply may be fully equal to that of last year in wheat and flour, and in oats and rice will considerably exceed it; and that in other articles, to which encouragement may now be extended, particularly in barley and Indian corn, a large additional supply may be expected. Among these your committee will particularly to direct the attention of the house and the country to the article of rice. The quantities of rice and of wheat, is in a very great proportion in favor of the former: the quality of this species of grain is undoubtedly excellent; and wherever it has been introduced, it appears to have been highly acceptable; the encouragement now held out to the importation of it, will probably bring into Great Britain all that can be spared from every part of America; and considerable supplies may be expected from our East Indian possessions, in consequence of orders sent over land in August and September, and of the liberal terms which parliament, with the concurrence of the East India company, appears disposed to grant to adventurers now fitting out ships from thence.
Of the remaining stock of the preceding harvest of rice in America, some will arrive before Christmas, in consequence of orders already given, and the produce of the last crop may begin to reach this country in January and the succeeding months. The supply from the East Indies will undoubtedly be later, but may be expected in part at a period of the summer, when it must be eminently useful, and the remainder previous to the time, when the harvest of 1801, accordingly to the ordinary course of things, can be brought into general use.
There are also other articles of whole-
some food to which the attention of your committee has been directed, and they entertain considerable hopes, that arrangements may be made, by which large quantities of fish, and other salted provisions, may be added to the supply of the market, at such reasonable rates as may afford a material source of relief. Your committee mean to proceed immediately in this part of their enquiry, and will as early as possible state the result to the house.
The stoppage of the distilleries in England, at this early season, will prove equivalent to the importation of at least 250,000 quarters of barley. In Scotland, it is stated as likely to be productive of a saving of the same article to a still greater amount: and the prohibition of the use of wheat in starch, may save about 40,000 quarters. By these measures, large quantities of grain are left applicable to the food of man, which have not in other years been so employed; and your committee have therefore thought proper to class them under the same head with importation.
Your committee themselves are authorised to place a considerable reliance upon the effect of the various measures above referred to, in increasing the general supply. Of these, the encouragement as offered by parliament for the importation of foreign grain, is undoubtedly the most important; but, whatever expectations may be reasonably formed, of the great extent to which that encouragement, combined with the high price in this country, may carry it, your committee think it their duty to state their decided opinion, and endeavor to impress that opinion in the strongest manner, upon the house, that it would be unwise and unsafe to place their sole reliance upon resources of this description. Allowing the probability, that the accounts before stated respecting the produce of the last harvest, may be rather below than above the truth; yet, the exhausted state of the old stock, and the unusually early period at which the late crop came into consumption, make it not only highly advisable, but indispensably necessary, as the most effectual means of securing an adequate supply at a reasonable rate, to have recourse to the greatest economy, in every part of the country, in the use of those articles of grain, upon which the subsistence of each respective district principally depends.
Your committee entertain the strongest expectation that a recommendation, from the highest authority, pointing out the advantages which would be derived, under the present circumstances, from the general practice of economy and frugality in those articles, could not fail to produce extensive and beneficial effects. In order to give the greatest weight and solemnity to such a recommendation, your committee submit to the house, whether it may not be proper to desire the concurrence of the other house of parliament, in an humble address to his majesty, requesting that his majesty would be graciously pleased to issue a proclamation for this purpose? The effect of such a proclamation might, undoubtedly, be extended by the universal circulation which might be given to it, through the magistrates and clergy, in every district and parish; and associations might be entered into by every description of persons to whom it might be addressed, for carrying it into execution in their respective neighborhoods. The general adoption of such a measure, by diminishing the consumption of grain, and particularly of wheat, amongst those who are able to procure other articles of food, would leave for the use of those who are unable to procure them, a large portion of what is necessary for their support; by decreasing the demand, the price would probably be reduced; and it may well be expected, from the past conduct of the more opulent classes that much of what might be saved by the reduction of their own consumption, would be applied to the relief of their indigent neighbors.
Your committee having thus suggested the means by which they conceive that a great reduction in the consumption of corn, and particularly of wheat, may be produced by the practice of economy among

a large proportion of the community, proceeded to call the attention of the house to another measure, by which a similar effect may be produced to a great extent, among the laborious classes, without in any degree diminishing their necessary subsistence; for which on the contrary, it is the great object of the plans proposed effectually to provide. It is evident, that under the present high prices, a very large proportion of the poorer classes derive, from parish relief, a considerable part of the subsistence necessary for their families; extraordinary relief under such circumstances, to a great amount, is indispensable; and it is hoped that it has been generally extended through most parts of the kingdom, on the most liberal principle, in due proportion to the extra cost of food, to the number of a family, the quantity necessary for their subsistence, and the fair amount of their earnings. But it is evident that if the whole of this relief is given in money, it will be applied to the usual amount, and will thereby contract that economy, which is so essential, for the interest of the poor particularly, to introduce. It seems, therefore, of the utmost importance to provide, that as large a portion as possible of this relief should be given neither in money nor in the form of bread usually consumed in each parish, but in some other wholesome substitute, such as your committee have before enumerated. They have indeed the satisfaction of knowing, that this practice, through the voluntary attention of magistrates, has already prevailed in many instances; and that wherever it has been adopted, its consequences have been most beneficial; but, partly from want of sufficient authority in the magistrates, for this particular purpose, partly from the use of the substitutes being less generally known than at present, and from the supply of them not being as may now be expected, the practice has been less general than the interest of the country requires. Your committee, however, are aware that these measures may not even now be indiscriminately applicable to every parish; from local circumstances, it may be at first difficult to procure the necessary articles in sufficient quantity, or it may require some time to introduce them into general use. Your committee, therefore, do not wish that a peremptory rule should be laid down without exception, for the conduct of the magistrates in all cases, in carrying into effect the general principle here stated; but they conceive, that wherever the exception is made, the grounds of it should be specially stated and allowed; and that in all other cases the rule should be enforced. For this purpose they would recommend that an act should be passed, requiring the magistrates of each district, within a certain time, to take into their consideration the circumstances of each parish, and at the application of the overseer, or at their own discretion, to make an order for giving a certain portion of relief in articles, to be fixed, and to direct the application of so much of the rates as may be necessary for providing such articles: or if they shall be satisfied that circumstances will not then admit of such articles being provided, that they shall state their reasons, and report them to a special session, to be directed by the act to meet for that purpose. That the magistrates assembled at such sessions shall make such order thereupon as they shall think fit, either authorizing further delay in the execution of the measure, if they shall be satisfied that the circumstances justify and require it; or if not, directing it to be enforced in such manner as they shall judge expedient. The first advantage to be procured by this measure, evidently is, that of rendering the supply more equal to the necessary demand: but this advantage, though the greatest, is not the only one the labourer, by receiving the proportion of relief in some other article than bread corn, will receive the benefit of the reduction of price, which the diminished consumption must tend to produce, in purchasing cheaper what he provides out of his own earnings, and will be less dependant on the parish for his subsistence. Every description of persons paying to the poor rates (particularly the least opulent housekeepers, who feel the most heavily the increased burthen of that tax, and the addition to their own necessary expenses, from the present high price of provisions) will be materially benefited in three ways; first in the diminution of the rate, from a large proportion of the relief being given in the articles cheaper than bread, on the price of which the relief, if given wholly in money, must be calculated; —secondly, in a diminution in the amount of that part of the relief which may still be given in money, corresponding to the reduction which, as before stated, the measure has a tendency to produce in the article of
bread—thirdly, in the immediate effect of such reduction of price (as far as it may take place) in diminishing the expense of the necessary consumption of their own families.
On all these grounds, your committee venture earnestly to recommend this measure to the early and favourable consideration of the house.
Your committee have thus submitted to the wisdom of the house, those measures which appear to them to claim the most immediate attention with a view to relief. They have upon the whole, the satisfaction of being persuaded, after a deliberate review of the deficiency in the supply (arising both from the exhausted state of the stock of the former harvest, and the partial failure of the last crop) compared with the various resources which have been already pointed out, that if the measures of economy, which they have so strongly recommended, are generally adopted, the saving thereby produced, together with the extensive supply expected from abroad, will be fully sufficient to compensate for such deficiency, and to provide for the necessary demand of the year.
Amongst the subjects which press upon the consideration of your committee, is the state of the law respecting the commerce of grain. It is evidently a matter of the greatest delicacy and difficulty; and your committee think they cannot better discharge their duty, than by taking it up in the temper recommended to parliament, by that part of his majesty's speech which has been referred to them by the house.
In their further proceedings, your committee will give their most earnest attention to the discussion of every proposal, which has for its object the relief of the present pressure, or the prevention (as far as possible) of its recurrence; and will submit from time to time, to the judgment of the house, whatever appears to them most likely to attain those desirable ends.
John Minchen.
BOOT MAKER
FROM PHILADELPHIA.
RESPECTFULLY acquaints his FRIENDS, CUSTOMERS, and the PUBLIC, that he has removed his BOOT AND SHOE MANUFACTORY from near the Eastern Branch, to New Jersey Avenue, on the hill, near the Capitol, where he makes Gentlemen's Boots, Bootees, Dress and Undress Shoes on the shortest notice, in the neatest manner, and of the best materials.
December 3d. 3tw. TO JOURNEYMEN SHOEMAKERS.
WANTED , a number of Journeymen Shoemakers, to whom constant employment and good wages will be given.
Boarding & Lodging
MAY BE had, for six or eight Gentlemen, at the WHITE HOUSE, between the City Post-Office, and Pennsylvania Avenue. January 14th, 1801. 3t
FOR SALE.
THE Subscriber will sell at private sale, two Three story Brick Houses, adjoining each other, 28 feet front each, by forty feet deep, on Capitol Hill, Lot No. 6. Sq. 686—A fine commodious lot 61 feet front, by 196 feet deep, running back to an alley 30 feet wide, and may be occupied as one or two tenements, they are finished in a plain, but substantial manner, and built on the best materials—a credit of three, six, and nine months, on giving approved notes, negotiable at the bank of Columbia, or Baltimore—apply to Daniel Carroll, or in Baltimore to HENRY H. CARROLL. Washington, Jan. 5, 1801.
Sarah M c Karaher,
Mantua-Maker and Seamstress, RETURNS her thanks for the encouragement she has met with from the Ladies of this city, and informs them she has removed to the house of Mr. DE FRANCE, within one door of Mr. Smith's Printing-Office. She will either attend Ladies at their own houses, or take in Mantua-Making, or Plain Sewing. City of Washington, Jan. 16, 1801.
Kid, Eliot & Co.
At the Brick Store opposite BLODGET'S HOTEL.
HAVE received by the Brig UNION, Capt. Leonard, from Liverpool, a large supply of Crockery Ware. Some of which is well assorted in small cases for the country.
Also, by the same Vessel. White Lead, ground in oil. Spanish Brown do. Red Lead, Patent yellow, &c. &c. They expect by the Roba and Betsey arrived at Norfolk, an additional Invoice of crockery and a large assortment of Glass ware. All which will be sold at the Philadelphia prices. December 28.
WASHINGTON CITY.
FRIDAY, January 23, 1801.
The bill "To provide for the more convenient organization of the Courts of the United States", as passed on Tuesday last in the H. of R. prescribes:
1. That after the next session of the Supreme Court of U. S. the said court shall be held twice a year at the city of Washington, viz. On the first Monday of June and December.
2. That after the next vacancy the court shall consist of five justices.
3. That the several states shall be divided into twenty two districts.
4. That the said twenty-two districts shall be classed into six circuits, viz. 1. Consisting of districts of Maine, New-Hampshire, Massachusetts and Rhode-Island; 2. Consisting of Connecticut and Vermont; 3. Consisting of districts of Jersey, East and West Pennsylvania and Delaware; 4. Consisting of districts of Maryland, and East and West Virginia; 5. Consisting of districts of North-Carolina, South-Carolina and Georgia; 6. Consisting of districts of East Tennessee, West Tennessee, Kentucky and Ohio.
5. That in each of these circuits there shall be three judges, to be called circuit judges, two of whom shall form a quorum, to hold two sessions annually at certain specified places, and one of whom shall be commissioned as chief justice.
6. That the circuit courts shall have all the powers heretofore vested in the circuit courts of the United States.
7. That the said circuit courts respectively, shall have cognizance of all crimes and offences cognizable under the authority of the United States, and committed within their respective districts, or upon the high seas; and also of all cases in law or equity, arising under the constitution and laws of the United States, and treaties made, or which shall be made under their authority; and also of all actions, or suits of a civil nature, at common law, or in equity, where the United States shall be plaintiffs or complainants; and also of all actions, or suits, matters or things cognizable by the judicial authority of the United States, under and by virtue of the constitution thereof, where the matter in dispute shall amount to four hundred dollars, and where original jurisdiction is not given by the constitution of the United States to the supreme court thereof, or exclusive jurisdiction by law to the district courts of the United States: Provided always, That in all cases where the title or bounds of land shall come into question, the jurisdiction of the said circuit courts shall not be restrained by reason of the value of the land in dispute.
8. "That all actions, suits, process, pleadings, and other proceedings of what nature or kind soever, depending or existing in any of the present circuit courts of the United States, or in any of the present district courts of the United States acting as circuit courts, shall be, and hereby are, continued over to the circuit courts established by this act."
9. That each of the circuit judges shall be allowed 2,000 dollars per annum; except the judges of the 6th circuit who shall be allowed 1,500 dollars.
10. In the 6th circuit there is to be an additional judge appointed, who, with the two present district judges, are to compose the circuit court for that circuit.
11. All the present powers with which the district courts are vested are transferred to the circuit courts, excepting admiralty powers.
IN SENATE, Yesterday, the first section of the "Bill for erecting a Mausoleum to George Washington," previously passed in the House of Representatives, was negatived.
A bill has passed the House of Representatives of KENTUCKY allowing aliens in that state to hold lands in fee simple.
A Bill has also passed the same house, making wolf-scalps receivable in discharge of public taxes; but it has been rejected in Senate.
The total expenditures of the government of the state of Kentucky from Nov. 3, 1779 to Nov. 4, 1800 is 53,431 dollars.
In the house of Delegates of VIRGINIA. It has been resolved that an Edition of the laws of that country (this is the expression) passed prior to 1782 be printed under the direction of the Governor and George Wythe.
Among the acts passed by the legislature of Virginia is an act to incorporate the trustees of Jefferson college.
LEVI LINCOLN is at length elected a representative in the present congress for the 4th western district of Massachusetts.
Mr. BACON is elected a Representative for Massachusetts in the next congress, by a majority, it is said, of one vote.
Both these gentlemen are republicans. The legislature of PENNSYLVANIA have elected by joint vote, the Republican candidate, Jacob Carpenter, Treasurer of that state, by 57 votes, to 40 votes given for Peter Baynton, the federal candidate.
The triumph of republican principles in the election of Mr. Jefferson and Mr. Burr has been celebrated by convivial parties in Staunton, Virginia, Camden, S. Carolina, Petersburg, Virginia.
The legislature of DELAWARE have vacated the seat of Mr. Brush, on the ground of his being a clergyman.
They have also vacated the seat of Mr. Bird, on the ground of his being an agent for the navy of the United States.
We learn from Hamburgh, that the exportation of potash has been prohibited in Russia, which has caused a strong sensation in trade, and raised the price of that article from ten or twelve to one hundred.
Extract of a letter from a respectable commercial house in Bourdeaux to another in Philadelphia dated Nov. 1.
"Carolina Rice has been excessively dear here for several months past. We have got no supplies of it; and the failure of the harvest in all the southern parts of France makes the want of it more sensibly felt. It is on this account that the price of wheat and flour has so considerably augmented. They will at least support their present prices, as the North cannot furnish us with supplies, being in want of producer of their harvest for this year."
Extract of a letter from the Secretary of the Navy to a gentleman in Baltimore dated,
"George-town, Jan. 14, 1801.
"I have never heard a word from the Insurgent since she left the Chesapeake on a cruise. I had not authorised the paragraph in the Philadelphia paper. The ship was ordered to return about the end of November, but she may remain in the West-Indies on account of the difficulty of making our coast in the winter."
In the report of Citizen Chaptal, the expence of public instruction in France is estimated as follows:
  The Municipal Schools 5,000,000 franks.   Communal Schools 3,000,000   Particular Schools 1,306,600   National Institute 266 000   Total 9,572 600 
Extract of a letter from the Havanna, dated December 12, 1800.
"The administration of St. Jago de Cuba have determined to admit all provisions into that port, at one half the usual duties, for the term of six months; this event probably may induce adventurers that way from the United States. Provisions here, at present, are tolerable sale."
By the Star of the 1st of December, it appears, that there were then in the British navy, 195 ships of the line, 27 50's, 246 frigates; 314 sloops of war. Total 782—of which there are in commission, 131 of the line—21 50's—208 frigates—273 sloops of war—in all 633!
The inhabitants of Baltimore have held a meeting, and determined on establishing a Dispensary. Rules were agreed upon, as the basis of the institution, and for the government thereof. A number of respectable gentlemen were appointed a committee to solicit subscriptions for the benevolent purpose.
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES.
WEDNESDAY, JANUARY 21, 1801.
An engrossed bill for the relief of Solomon Boston, was read a third time and passed.
An engrossed bill to provide for the erection and support of a Light-House on Cape Poge was read a third time and passed.
Two petitions were read and committed.
A resolution in the following words, presented to the house by Mr. Rutledge, was read and ordered to lie on the table:

Resolved, That a committee be appointed on the part of this house, jointly with a committee appointed on the part of the Senate, to ascertain and report a mode of examining the votes of President and Vice-president, and of notifying the persons elected of their election, and to regulate the time, place and manner, of administering the oath of office to the President.
Mr. Nicholson proposed a resolution in the following words, which was read and ordered to lie on the table, viz.
Resolved, That a committee be appointed, to enquire into the expediency of making further provision, to prevent the concealing and harbouring of slaves escaping from one state into another, and that they report by bill or otherwise.
The house went into committee of the whole on a resolution reported by the committee of revival and unfinished business for continuing in force the act commonly called the Sedition law. This resolution was supported by Messrs. Platt, Griswold, Dana, Rutledge, and Harper, and was opposed by Messrs. Davis, Randolph, Nicholson, Huger, Claiborne, Gallatin and Nicholas.
The committee rose without coming to a decision, reported progress and asked leave to sit again.
THURSDAY, January 22d 1801. The Petition of H. Pelsinger praying to be placed on the Pension List, was presented to the House and read.
On motion that this Petition be referred to the Committee of Claims, Mr. Gregg opposed the reference, on the ground that the Prayer of the Petitioner was barred by the Statute of Limitation, and that as the Committee was bound by that Statute, they would of course report against the Petition. That therefore the House in order to save time might as well decide on the case without referring it.
The motion of reference finally prevailed.
The Petition of Nathaniel Holmes was presented to the House and read, praying to be allowed certain Expenses he was at in preparing and marching a Detachment of Militia to Trenton in 1794—Referred to the Committee of Claims.
Mr. NICHOLAS from the Committee to whom had been referred two Resolutions, proposed as amendments to the Constitution of the United States, in relation to the Election of President and Vice President, and of Members of Congress, made a report on that subject, which was read, directed to be printed, and committed to a Committee of the whole House.
This report is lengthy, and concludes with a resolution, that it would be inexpedient to alter the Constitution in either of these respects.
The Resolution proposed to the House yesterday by Mr. Nicholson, for the appointment of a Committee to enquire into the expediency of making further provision for preventing the concealing and harbouring of Slaves escaping from one state into another, was taken up, agreed to, and committed to a committee of five.
The resolution proposed yesterday by Mr. Rutledge, for the appointment of a joint Committee on the part of the House, jointly with a Committee on the part of the Senate, to ascertain and report a mode of examining and counting the Votes of President and Vice President, and of notifying the Persons elected of their Election, and to regulate the time, place and manner of administering the Oath of office to the President was taken up, adopted, and a Committee of five appointed.
The House went into a Committee of the whole on the unfinished Business of yesterday, which was a resolution reported by the committee of Revival and unfinished business, for continuing in force the Act commonly called the Sedition Law.
Messrs Bayard and Otis spoke at considerable length in support of the resolution, and Mr. Gallatin against it.
The Committee rose, reported progress and asked leave to sit again.
The following petitions have been presented and referred:
The petition of Paul M'Dermot; Shadrach Inman; P. C. L'Enfant; John Pitchlynn; Benjamin Law; of Charles Tonkins; of William Milton; of Pleasant Henderson; of James Coleman and others; of Solomon Boston.
The petition of N. J. Roosevelt, praying for an act of incorporation for working Schuyler's copper mine, has been referred to the committee of commerce and manufactures.
Leave has been given to Stephen Wockley to withdraw his petition; also to Elizabeth Jameson.
The prayer of the following petitions have been rejected:
The petitions of Thomas Jenkins and sons; of Samuel Trigg; of Nathan Sanborn; of Andrew Shepherd; of P. C. L'Enfant; of Blagden; of Benjamin Law. A Committee of privileges has been appointed, consisting of Messrs. J. C. Smith, Cooper, Thatcher, Henderson and Nott. The Committee to whom has been referred the bill concerning the District of Columbia consists of Messrs. H. Lee, Evans, Craik, Bird, S. Lee, C. Goodrich and Dennis.
The remonstrance of the legislature of the Mississippi Territory has been referred to Messrs Claiborne, C. Goodrich, and Nott.
The memorial of sundry inhabitants of the N. W. Territory residing on lands purchased from J. C. Symmes, praying that Mr. Symmes may be allowed to complete his contract with United States, or that other relief may be granted, has been referred to Messrs Pinckney, Imlay, Varnum, Morris, and M c Millan.
A memorial has been presented from the legislature of Georgia, protesting against the establishment by the United States, of the government of the Mississippi Territory within the limits of the said state.
A Letter from the Secretary of War, enclosing a report on the claims of certain Canadian Refugees has been referred to a select committee.
A Petition of sundry citizens of Wayne County, N. W. Territory, stating the uncertain tenure by which they hold the lands now occupied by them, and praying relief, &c. has been referred to Messrs Pinckney, M c Millan, Imlay, E. Goodrich, and Kit-tara.
The committee appointed to inquire into the official conduct of Winthrop Sargent, are Messrs. C. Goodrich, Dennis, Bird, Bayard, R. Williams, Talliaferro, and Pinckney.
A bill has passed the House of Representatives, for the relief of Robert Hooper.
It is mentioned that Mr. King, the minister of the United States, at the court of St. James's, has complained to the British government of the abuse of the government of the United States, by W. Cobbett, in the new Porcupine's Gazette.
WINCHESTER, Jan. 14. On Wednesday, the 7th inst. at about 22 minutes after 8 o'clock P. M. this town and the country around was illuminated by a METEOR, or an expansion of a subterraneous light or volcano; and in about 13 minutes afterwards, a tremendous noise was heard, attended with a sensible shock, which not only agitated the windows of the houses, but even the household furniture. As the motion of sound is at the rate of 1142 feet in every second of time, it is presumable that the distance from this town to the place where the explosion took place, could not be less than 168 miles.
NEW-YORK, Jan. 17. A gentleman who arrived here yesterday in the ship Borneo, of Boston, capt. Smith from Sumatra and the Cape, informs, that the English Squadron, under the command of commodore Hotham, were, on the 20th of October, closely blocking the Isle of France; and that this squadron had taken ten sail of French and Spanish merchantmen in attempting to pass them. A Hamburg ship, which had passed this squadron, was pursued and cut out by the English boats; the captain of which had his arms shot off in defending his ship.
Our informant adds, that while at Madras, which was about the first of July, a Danish gentleman from the Isle of France, informed him, that two vessels under American colours, had arrived there from Bordeaux, under convoy of a French corvette.
PORTSMOUTH, NEW-HAMP. SHIRE, JAN. 6. NEW TURNPIKE.
The General Court of this state have granted the petition of certain individuals praying for liberty to build and keep in repair a turnpike road, to begin at the most convenient place at the river road in the town of Boscawen or Salisbury, and to extend in a western direction till it shall strike the eastern bank of Connecticut River, nearly opposite to the mouth of White River; and also to build and keep in repair a turnpike road to begin at the east abutment of White River falls bridge, and extend southeastwardly till it intersects the road first mentioned.
An undertaking of such public utility, convenience and advantage, we doubt not, will meet the general approbation, and be encouraged and promoted by the liberal and enterprising citizens of this state.
FROM SPAIN. The plague is committing dreadful ravages. In Andalusia 11,000 have died. In Seville 21,000. In Xeres from 160 to 200 die per day. The utmost consternation prevails.—It is approaching the borders of Portugal, and is supposed to sweep off one sixth of the population of the places thro' which it passes. But a small proportion of women die. This disorder begins with violent pains in the limbs and head ache, a strong fever, and reaches its paroxysm by the 4th day. Many die with the black vomit, and their bodies turn yellow.
Seville 21,000. In Xeres from 160 to 200 die per day. The utmost consternation prevails.—It is approaching the borders of Portugal, and is supposed to sweep off one sixth of the population of the places thro' which it passes. But a small proportion of women die. This disorder begins with violent pains in the limbs and head ache, a strong fever, and reaches its paroxysm by the 4th day. Many die with the black vomit, and their bodies turn yellow.
I WILL Sell, or Rent for 2 years, a convenient two story Brick House near the LITTLE HOTEL. Possession may be had on the 10th day of March.
JONATHAN PANCOAST. Washington, Jan. 20. 1800. eodtf.
Take Notice.
THE partnership under the firm of PHELAN and Noyes, is dissolved this 21st day of January, 1801.
PHELAN & NOYES. N. B. The business will be continued, as usual by the Subscriber LEVI NOYES. Washington, Jan. 21, 1801. tw.
A Tutor Wanted.
ONE qualified and willing to take charge of a school in the country about 30 miles distant may hear conditions and other particulars by application at the bar of J. H. Barney in George-Town—Preference will be given to a person capable of teaching the Latin language. Jan. 22 1801. 2t
RHODE ISLAND LIME.
A Few hundred casks will be delivered in good order at any landing in the City—on application to BENJAMIN MORE, New Jersey Avenue—or William Yeaton, Alexandria. Washington, Jan. 17, 1801. 1w3tg
Mantua-Making.
MRS. DEMPSEY, FROM NEW-YORK,
BEGS leave to inform the Ladies and Public in general, that she has commenced business in the City, on the New-Jersey Avenue, five doors from Mr. Smith's Printing-Office, where she makes Ladies' Dresses on the shortest notice, and of the newest fashion. January 16, 1801. 2w
LOTS FOR SALE,
In the City of WASHINGTON. THE SUBSCRIBER offers for Sale a number of valuable Lots beautifully situated between the Capitol and the Eastern Branch. Also a few Lots to be let on lease for ninety-nine years in the vicinity of the Navy yard. WILLIAM PROUT. City of Washington. December 12, 1800. tf
N. B. A few Tons of good Meadow Hay, one Kiln of Bricks, and some Cord Wood. W. P.
CONVEYANCER'S OFFICE.
THOMAS HERTY has opened an office a few yards from the CAPITOL, on the New Jersey Avenue, where he will attend daily till 3 o'clock during the sitting of Congress, and in the afternoon, at his office opposite the LITTLE HOTEL—Conveyances of land, wills, mortgages, leases, assignments, copartnership deeds and dissolutions, marriage settlements and separations, letters of licence and composition, bills of sale of vessels, slaves, and other chattels, bonds of conveyance, and other bonds, powers of attorney, awards, manumissions, partitions, exchanges, petitions, annuities, post obits, seamen's wills and powers, and all other instruments in the above line, are drawn according to the legal import of the same respectively, with the utmost punctuality, accuracy, secrecy, and dispatch, and on moderate terms. Titles investigated, and opinions given where necessary. N. B. Hertty's Abridgment of the laws of Maryland, approved and sanctioned by the Attorney General and Legislature of Maryland, may be had at at the above office, price Six Dollars neatly bound and lettered; also Hertty's Digest of the Laws of the United States, price Three Dollars, neatly bound and lettered. December, 1800. twtf
JUST IMPORTED,
IN the ship Missouri, via Philadelphia, and now opening for Sale at the Subscriber's Store on New-Jersey Avenue Capital Hill, Square 690. A General Assortment of Ironmongery, Cutlery, Sadlery, Brass Wares and Building Materials. Among which are the following Articles. Iron pots, frying pans, chafing dishes, Brass iron and Japand Candlesticks, patent metal tea kettles and sauce pans; japanned tea trays, waiters and Bread baskets, sad irons, wind up Jacks, Sweeping, scrubbing, hearth and shoe brushes; Mathematical instruments, mahogany knife cases, filled with ivory handled knives and forks, Cruet stands, ladies dressing cases; mill, pith and cross cut Saws, 56, 28 and 14lb. Iron weights. Also scale beams to weigh from 5 to 10 cwt. at an end. HENRY INGLE November 24th, 1800.
CHEAP LUMBER,
FOR SALE,
By the Subscriber, on reasonable terms, either by large or small quantities, at his Lumber Yards, the north end of Lamberton, and at the old Sturgeon Pond, above Richards's wharf,
A QUANTITY OF ASSORTED LUMBER, viz.
One and 1-4 inch, 1-8, and 1 do. Yellow pine heart boards—1 inch pannel, 1-4 do. for floors, 1 do. common, white pine do—2 do. 7-1-4 and 2-1-2 do planks, 1 do. 5-8, and 2-8 do. boards, black walnut—2 do. plank, 3 do. 1-2 do. pannel boards, bedstead sets, poplar the whole of the above are well seasoned and fit for use—Clear heart pine, and sap pine white oak, and bilthead, hemlock and white pine scantling, assorted—best kind three feet cedar shingles, dressed and undressed, do two feet white pine do; do. 18 inch cypress do—cedar rails—Also, white pine sawed rails—shingling and plantering laths, best kind; white oak wagon timber—sap pine planks, sap pine one inch boards, 3-4 cedar, best kind, 3-4 white pine, 3-4 sap pine, seasoned weather boards—A quantity of handsome chestnut pailings, sawed 1 by 3 inches and from 4 to 16 feet long, for garden fence, &c. A quantity of chestnut oak posts, dressed and undressed; a quantity of cherry boards, a quantity of large white oak joice, a quantity of chestnut posts—5000 feet of neat beach scantling for tool flocks—5000 feet of sickamore scantling for bedsteads; 2 inch white oak plank; 1 inch white oak boards, 3-4 do. do. do.—25,000 feet superior cherry boards and plank, 3,000 do. very clear 2 inch white pine plank, 3,000 do. handsome beaten wood bedstead sets seasoned, 100,000 prime North Carolina shingles, a quantity of ash plank, 150 tons plaster Paris, warranted, 3,000 bushels best Virginia pit coal, 200 bushel cleans house sand.
The subscriber intends, establishing a Lumber Yard at the Federal City of Washington, which he will keep regularly supplied as above—Any quantities may be agreed for by contract, deliverable, as the purchaser may wish, provided that the place of delivery may be comeatable by water with a navigable vessel—Any quantity that may be ordered for shipping abroad, shall be supplied with punctuality and dispatch, agreeable to order.
Gentlemen who are or may be building—as well as carpenters who may be under or may enter into contracts to build and furnish the materials, will find it well worth their attention to apply as above—Applications may be made by letter (post paid) or otherwise, to the subscriber, or left with Wm. and Anthony M. Buckley, or Benj. W. Morris and Co. merchants, Philadelphia.
Also for Sale or to Let,
A large commodious Dwelling House, with out buildings complete, and from three to seven acres of land—Two small do. with lots thereto. Also, a small Store near the river—All laying in the village of Lamberton.
NATHAN COMBS.
N. B. A Screw Jack to let, that raises from 10 to 40 tons by hand—a constant supply of laister and Smith's Virginia coal. Lamberton, New Jersey, (on Del.) January 13, 1801. twtf.
JOHN BARNES,
FROM PHILADELPHIA, Has just opened for sale the following articles at his store opposite Mr. Semmes's tavern, in Georgetown, a general assortment of Fresh Teas of the first quality, viz:
Imperial, Large Hyson, Young Hyson, Hysonkin, Souchong and Bohea.
SPICES.
Nutmegs, Mace, Cinnamon, Cloves, Four bags fresh Almonds.
LIQUORS.
Madeira, six years old, Dry Sherry & Port, Brandy, 4th proof Jamaica Spirts, and Holland Gin.
COFFEE,
Pennington's best refined sugars. With a handsome assortment of gentlemen's fashionable London Hats and trimmings.
He has likewise for sale, ten cases well assorted STATIONARY, consisting of writing paper of different qualities, Quills, Wafers, and Ink powder, in packages from 80 to 180 dollars on the most reasonable terms for cash or approved notes.
English and American playing cards, Pasteboard per gross, Wrapping paper per ream, A case of 7-8 and yard wide Irish Linen per piece. Nov. 14th, 1800.
WASHINGTON BOOK-STORE.
RAPINE, CONRAD, & CO. Corner of South B. Street and New Jersey Avenue, near the Capitol.
HAVE just received, and for sale at the above store, Letters from Alexander Hamilton, concerning the public conduct and character of John Adams, Esq. President of the United States
Also, just opening, a choice assortment of books in History, Law, Medicine, Divinity, Arts and Sciences, Classics, School books, Novels, Romances Biography, &c. &c.—With a good assortment of tea paper, royal, medium, demy, and foolscap writing paper, thick and thin post, blue & common wrapping paper, best Dutch quills, wafers, sealing wax, ink powder, red and black ink, black lead pencils, parchment, playing cards, blank books, &c. &c.—All which they will dispose of at the very lowest prices.
Public officers and others, who will please to favour them with their custom, may rely on having the strictest attention paid to their orders. Nov. 27th, 1800.

(From a learned correspondent.)
ROBINSON & BARRUEL.
In September, 1799, a letter containing a refutation of Robinson's proofs of conspiracy, and said to be written by professor Ebeling of Hamburg to Dr. Morse, appeared in a number of the public prints in the United States. This letter, which, by accident, found its way to the press, has been totally denied by that Doctor. Averse to scrutinize the veracity of any individual minister of Christ, I shall say nothing respecting that denial: But, a regard to truth, and a desire that the public may be correctly informed on this subject, constrain me to assert,
I. That a number of clergymen in New-England have written to professor Ebeling for information.
II. That he has answered them, with intention to destroy their belief in the books of Robinson and Barruel; and,
III. That the letter to Doctor Morse, above referred to, is genuine.
In support of the first and second assertions I shall give but a single extract from a letter written by professor Ebeling, and dated September 2, 1799.
"I am very sorry that the miserable books of Robinson and Barruel make such impression in America. I have written an ample refutation of Robinson, as to what regards his lies about Germany, to several New-England clergymen, who desired my opinion about it. Artfully some truths are interspersed, but the greatest part is misrepresentation of real facts, or invented facts brought forth as truth, with as great effrontery as ignorance."
To prove that the letter published in this country, and denied by Doctor Morse, was, in fact, written by Ebeling, I shall offer an extract of his letter dated Hamburg, 8th July, 1800.
"I am sorry that I was introduced lately also on the scene of contest. The letter published by the Aurora was not intended to be printed at large. It was written in a great hurry, and it is printed exceedingly incorrectly in names, &c. My hasty writing made the letter not more legible. There should have been left out many free expressions on European affairs which, though all literally true, without any exaggeration, might be turned to my disadvantage by bad men, especially those of the Jesuitical pride: But I shall be glad if it served to open the eyes of your countrymen who believed in Robinson. About Barruel I can give you some information printed in the Mercury of Weiland, a monthly Magazine of long standing, published at Weimar. It is number V. 1800. page 89-92. and contained in a letter of a Nobleman at Vienna, who begins: "I am able to resolve the Enigma why Barruel could write so many false and ridiculous invented lies about German learned men. He was, from 1768 to 1771, in the Collegium Theresianum at Vienna, wherein, every five years, are admitted four French Jesuits, and three from Belgium. He returned to France without having learned our language, went as Pretre Refractaire to London, and, to get his livelihood, enlisted under the banner of Giborne, Robinson, and the author of the Pursuits of Literature , ( Chaplain Matthias )—As such he wrote his History of Jacobinism , which lately, even in Vienna, has been generally prohibited as libellous, scandalous, and calumniating ; being an abridgement of forbidden (it means at Vienna) German pamphlets, (such as Robinson quotes,) viz. Hoffman's Political Journal , and other Jesuitical performances."
Here, incorrectness as to names is acknowledged, and ascribed, by Professor Ebeling, to the haste in which he wrote, and the consequent illegibility of his handwriting: But the genuineness of the letter to Doctor Morse is recognized, without the charge of misstating or disguising a single material fact.
It is well known that the clergy in New-England have in the public sanctuary, and private circle, zealously and diligently inculcated, on their people, the truth and importance of the works of Robinson and Barruel. In this, it is to be hoped, they have been, generally, sincere, believing what they taught. For information on such subjects they look to a few conspicuous and influential characters of their order. In the integrity of these few they are apt, under the influence of christian charity to confide.
* Refractory Priests
But what has been the conduct of these few? They had industriously recommended these books: they had taught the uninformed and the serious, that an anti-christian combination, organized in Europe, had extended to America—that it had embraced the democratic part of the United States—and that the man who was dissatisfied with the measures of the federal administration, was seeking the extermination of christianity, morality, and government: They had disposed a great proportion of our citizens to regard, with jealousy and hatred, a proportion equally great and respectable, although with the harmony, and mutual love and confidence of the people are intimately connected the honor of our holy religion and the stability and happiness of our empire.
Some of the discerning friends of truth, at length, publicly called in question the respectability of those books. These few influential clergymen turned their eyes to that gentleman in Europe, who by the fame of his talents, and his sincere attachment to christianity, was most clearly entitled to their confidence. To him they apply for information—from him they receive an ample refutation of these books in the long, learned and pious letter, with several others referred to above.
If the propagation of truth, religion, and rational harmony had been the object of this sacred few, why did they not publish this information? Why did they not undeceive the multitude whom they had misled? Why did they not endeavor to extirpate the jealousy and hatred that they had planted in those hearts in which they are commissioned and charged to promote brotherly love? Why have they suppressed the letters of the learned Professor to whom they themselves applied for information? Why have they continued to propagate and recommend the writings of Barruel? an avowed friend of despotism—a bitter enemy of the protestant faith—a gross reviler of those persecuted friends of Jesus who maintained, in purity, his holy religion, throughout the dark ages of papal idolatry and papal tyranny, an invidious Jesuit, whole history of Jacobinism is an abridgement of pamphlets severely prohibited by government as libellous, scandalous and calumniating? Why have they concealed the evidence which, by their own application, they obtained from the celebrated Professor? Why have they persisted in recommending the proofs of a conspiracy which he had refuted? Proofs written by Robinson, a man distinguished by abject dependence on a party—and by the base crimes of forgery and adultery—and by frequent paroxysms of insanity? Surely the cause of our DIVINE REDEEMER bleeds, when his ministers employ his holy sabbath and his ordinance of public worship in disseminating gross and malicious fallhood; when men ordained to promote holiness and the salvation of souls, prostitute the influence attached to their sacred office, to the purpose of supporting a political faction at the dreadful expence of truth—of justice—of charity—and the approbation of GOD!
A FRIEND OF TRUTH.
FOR THE NATIONAL INTELLIGENCER.
To the House of Representatives of the UNITED STATES.
THE great interests this day at stake, occasion every form of sophistry to be offered to your consideration: but the public safety and your fidelity will occasion you to test every argument by reason and by law.
A recent publication in Alexandria, under the signature of Civilis , attempts to prove the vacancy of the presidency, which may occur by the non-election of a President and Vice-President, a vacancy occurring by a removal of Mr. Adams and Mr. Jefferson from office! The writer is not ignorant of law, nor does he want the talent of perverting it. No man can pervert law so dextrously as he who is versed in law.
"The removal" of a person from office is when he is taken by a superior authority from an office during the term for which he has been elected or appointed. He is not "removed," in the appropriate sense of the word, by an operation of Providence, producing his death; nor by his resignation, though in both cases he is sent out of the office. If the constitution had intended, as Civilis asserts, it would have been better expressed by confining its language to "removal and inability," or (if death be considered as ending the person's existence) by "removal, death and inability."
But the construction of "removal" offered by Civilis , is certainly erroneous, because it would convert the President of
the Senate into the successor of the President and Vice-President, in the case of an election. Mr. Adams and Mr. Jefferson, and indeed General Washington, have been, in the sense of Civilis , "removed" from the offices of President and Vice-President. The President of the Senate ought, therefore, to have taken their places, as it was a case of removal.
It is plain that Congress, in that important expression of the constitution, the cotemporary expression of the sense of that instrument, have not acted upon the idea of a vacancy at the end of the presidential terms; for the Speaker never could come in upon such an occasion; he civilly dies at the last moment of the third of March , and yet Civilis absurdly attempts to make it appear, that few removals were contemplated, but those at the end of the terms, which the Speaker cannot fill.
The meaning of the constitution is perfectly clear; it is as if it should have said, and in case a person, being President, shall die, be removed, resign, or become incapable , an officer, to be named by law, shall act as President.
The expiration of office has never been considered as a removal. The powers which have been vested in any citizen by election for a limited time, cease to exist in him when the limited time expires. His was not a right to the office; it was only a right to exercise the powers for four years. The powers were in him, but are no longer in him, being transferred from him to another. If that other be not to be found, they yet pass from the late incumbent into the hands of his principals—the People of the United States. But if he has been placed in the office for four years, and by judgment on impeachment has been removed from that office, then the Vice-President, the President of the Senate, or the Speaker (as the case may be) is to succeed him. His office is not the perpetual presidency; it is only the quadrennial presidency—He may be removed from his quadrennial presidency by judgment on impeachment, but he cannot be removed from it one second after his office expires. This office is strictly that of temporary President of the United States .
Another objection occurs against this plan of Civilis . As the presidency and vice-presidency will become vacant at the last instant of the third of March, and Mr. Adams will be President, and Mr. Jefferson will be in the chair of the Senate, until that last instant, inclusively , it is clear that there will be a vacancy in the presidency before there will be a President pro tempore of the Senate; or, in other words, when the vacancy of the presidency will occur, there will not be, in law and in fact, a President pro tempore of the Senate. The Senate cannot choose a President pro tempore on the third of March; they must adjourn until the fourth—If they could meet in the first instant of the fourth of March, they would first have to find that they wanted a President pro tempore , and in that instant it would be true that the case of a vacancy of the presidency of the United States had occurred. The officer indicated by law, does not exist to take the place—One chosen after cannot fill the place, because it must be the President of the Senate " then ," that is when the vacancy occurs. The office of President of the United States cannot devolve upon an unfilled office.
There is another and an insuperable objection to the presidential power being devolved on the President pro tempore of the Senate. That body cannot elect a President pro tempore in any but two designated cases [1. U. S. laws, p. 7.] The Vice-President must be " absent ," or he must be in the " exercise of the office of President of the United States ." Now he will be neither in the one predicament nor the other—Absence implies and means " existence in some place other than the Senate ." But no Vice-President will exist on the fourth of March, unless the house shall choose out of the number of Mr. Jefferson and Mr. Burr: for the same reason (non-existence) no Vice-President will be engaged in the exercise of the office of President of the United States. This suggestion, it is respectfully conceived, is conclusive against the election of a President pro tempore of the Senate, on whom to devolve the power and office of President of the United States. It is also worthy of consideration, whether the Senate have a power given to them to choose a second President pro tempore , in case their first and existing President pro tempore shall be called to act as President of the United States. Their making such original election does not result from their being a senate, a council, or a legislative body: it is granted by the people in precise and explicit terms, and only in two certain de-
signated cases. No authority to choose would have existed without the special grant. The electors elect the original and proper President of the Senate, and the people have given power to make only one substitute in either of two certain cases. If he be taken away, the Senate would seem to be dismembered of a necessary organ, without a possibility of remedy. The doctrine which applies to the election of a prolocutor of the British senate proves, that the election of a chairman, speaker, or president pro tempore , is not incidental to such bodies, according to our accustomed legislative rule— lex legislativa , or lex parlamentaria ; nor does the presidency of our councils help us through the difficulty; nor will the rules in the British commons remove the embarrassment; nor will any relief be derived from the case of the federal representatives. No incidental right is contemplated in the case of their speaker; he is to be elected under an express provision too, [1. U. S. laws p. 6] and if a person being Speaker of that house (or of the Senate) acts as President, such embarrassments arise, that it seems well to consider whether those two persons are the proper officers. In the case of a Secretary, the President would have power temporarily to supply his place under an existing law.
It appears then that the people have elected two persons as President and Vice-President, and the constitution enjoins on the state representations to assign one of the two offices to each of those two persons; and since a President of the Senate cannot be so chosen, either before or after the end of the third of March, as to fill such a vacancy as that made by a non-election of President, since a President pro tempore of the Senate cannot be chosen in the case of the non-existence of a Vice-President, and therefore cannot be created so as to fill the office of President, since there would then be a want of a chief magistrate, and a want of an organized advisory and legislative senate, and a house of representatives cannot even meet, because a number of the members will not have been elected; it is plain that the government of the United States will become dissolved on the fourth of March, 1801, unless Thomas Jefferson or Aaron Burr shall be chosen President by the state representations. In that case, the sixteen state constitutions will be and remain in full force and virtue, and the suspended or repealed law of confederation of 1781, will be revived, by the termination of the law (the federal constitution) which suspended or repealed it. Such are the known and well settled, and long settled principles of law.
AN AMERICAN.
CABINET AND CHAIR MANUFACTORY.
WILSON AND HANDY,
HAVE commenced the above business at their shop on New Jersey Avenue between the Episcopal church and Sugar House. As they are confident from the experience they have had in the principal shops in Europe and America, that they shall be able to give general satisfaction to those who will please to favour them with their custom. They have on hands, viz.
Secretary Desks, Portable Writing Desks, Dressing Chests, Card Tables, &c.
N. B. Orders from country or city thankfully received and faithfully executed. December 30. 31w
THE SUBSCRIBER
BEGS leave to inform the Public in general, that he has opened a Beef-steak and Oyster House, on Capitol Hill, City of Washington, in the House lately occupied by Brown and Snowden as a Printing Office, a small distance from the Capitol, where Gentlemen may be accommodated at any hour in the day or Evening, with Beef-steaks, Oysters, Sausages &c. at the shortest notice and on the most reasonable terms. Likewise the Subscriber has taken particular pains to lay in a stock of Good Liquors, and flatters himself that by paying strict attention to the business to Merit the favour of the Public in General.
WILLIAM TONKIN. December 28. Sept.
Kid, Eliot & Co.
HAVE received by late arrivals, a general assortment of Hard ware and Ironmongery, which they offer for Sale at their Store opposite the Great Hotel.
They have also on hand
Madeira, } Sherry & } Wines. Lisbon Cognac Brandy. Jamaica Spirits, Holland Gin, Loaf and Brown Sugar, Tea, Coffee, &c. &c.
Washington, Dec. 18. tf.