The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1801-08-26 00:00:00

The National Intelligencer,
AND WASHINGTON ADVERTISER.
VOL. I. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, NEW-JERSEY AVENUE, NEAR THE CAPITOL. No. CXXVIII.
FIVE DOLLS. PER ANN.
WEDNESDAY, AUGUST 26th, 1801.
PAID IN ADVANCE.
BIOGRAPHICAL NOTICES OF THOMAS ERSKINE.
THE subject of these pages is the third son of the late earl of Buchan, and youngest brother to the present earl; the second holds an eminent station at the Scotch bar. There are no satisfactory documents of the youthful part of his history. It is, however, well known that he entered very early in life into the navy, a service for which he had imbibed a strong predilection.
He went to sea with the late Sir John Lindsay, nephew of the great earl of Mansfield. He never, it is believed, had the commission of lieutenant, but acted for some time in that capacity, by the appointment of his captain. His reasons for quitting the navy are said to have been the slender chances of his promotion; and having only served as a lieutenant by the friendship of his commander, he was unwilling, after having been honored with such a distinction, to return to sea in the inferior capacity of mid-shipman.
He entered into the army as an ensign in the Royals, or first regiment of foot, in the year 1768, not so much from inclination (as it is said) as because his father with a small and strictly entailed estate, had not the means of assisting him, with convenience, to pursue one of the learned professions. He went with this regiment to Minorca, in which island he spent three years, and continued in the army about six.
During the period he continued in the army, he had acquired considerable reputation for the acuteness and versatility of his talents in conversation. Mr. Boswell, who met him about this time in a mixed company in London, mentions, in his Memoirs of Dr. Johnson , the delight which the doctor and himself felt from the ability of a gentleman, who was no other than Mr. Erskine, in discoursing on some temporary topic which, at that time, happened to be an interesting question of dispute in the circles of the metropolis.
Whether the consciousness of these powers, or the suggestions of his friends, or the embarrassments of a scanty income, first invited him to make preparations for the study of the law, it is of no importance to enquire. The resolution, from whatever cause it proceeded, must, in a great measure, have been supported by that internal confidence in his own talents, which is inseparable from great and elevated minds; from the spirit of adventure, which is incidental to genius, which overlooks slight obstacles, and is invincible by ordinary difficulties. There is a fashion among biographical writers, to discover in the person whose life they are writing, an innate original predisposition for the peculiar department of science or literature in which he has been eminent, forgetting that, in the nature of things, the pursuit must be wholly accidental, and that, "in every region of the air," the flight of powerful intellect must be equally lofty and vigorous. It has, however, been said, and we have reason to believe with truth, that Mr. Erskine had no merit whatsoever in the extraordinary adventure of embarking in so new and arduous a pursuit, but that it was literally and most unwillingly forced upon him by the importunities of his mother, the countess of Buchan, after the death of his father; and that the hopes of succeeding in it were fortified and kept alive against his own prepossessions, by her counsel and persuasions. Although, in the privacy of domestic life, the greatest characters and the brightest talents may pass away without record and remembrance, she was a lady of most uncommon acquirements and singular penetration. She thought, no doubt, that she perceived the capacity of her son, and in the confidence of parental affection, planned out this scheme of his future destination, while he was absent in the army at Minorca.
Mr. Erskine was about twenty-six when he commenced his course of legal study. He entered as a fellow-commoner of Trinity College in Cambridge, in the year 1777; and, at the same time, inserted his name as a student on the books of Lincoln's Inn. One of his college declamations is still extant, as it was delivered in Trinity College
Chapel. The thesis was the revolution of 1688. It displays no ordinary powers of language, and it is easy to discover, in some of its passages, the elements, as it were, of that forensic eloquence in which he afterwards acquired so unequal a pre-eminence. It would be too mean a praise to say that it bears very striking features of superiority over the declamations which are usually produced on those occasions. It gained the first prize, which he refused to accept, not attending Cambridge as a student, and only declaiming in conformity to the rules of the college. An Ode, written by Mr. Erskine, about this time, in imitation of Gray's Bard, is worthy of notice as a sportive production of his fancy: it has been lately published in the Monthly Magazine . It originated on an occasion truly humorous. Mr. Erskine had been disappointed by his barber, who neglected his usual attendance upon him, and prevented him from dining in the College-hall. In the moment of disappointment, hunger and impatience, he is supposed to have poured forth a malediction against the whole race of barbers, with a denunciation, prophetic of a future taste for cropping and unpowered hair.
Mr. Erskine did not enter into the university for any academical purpose, but merely to obtain a degree to which he was entitled as the son of a nobleman, and by which he saved two years and a half in his passage to the bar. His education had been completed in Scotland before. His father, one of the most accomplished men of his time, had uniformly felt an extraordinary solicitude as to the education of his children, and actually removed from his family estate in Scotland for the purpose of residing at St. Andrew's, where he continued many years. During this time he procured for them a private tutor, one of the most elegant scholars of that part of the island, to assist their studies at the school and university. Mr. Erskine always pursued the study of the Belles Lettres with unremitting ardour, and had the advantage of imbibing from the most eminent persons of the day, that various and extended knowledge, which can never be derived from books, or solitary application. In order to acquire a necessary knowledge of the mechanical parts of his future profession, he was persuaded by the judicious counsels of his friends, to enter as a pupil into the office of Mr. Buller, then an eminent special pleader at the bar, and since promoted to a distinguished station on the bench.
It need not be dissembled that, during this period of his life, Mr. Erskine was subject to the necessities of a very limited income. He had been already married about four years, and was obliged to adhere to a most rigid frugality of expenditure. Of these circumstances of his history, many of the particulars have, with great ingenuity, been mentioned to his friends by Mr. Erskine himself.
In reviewing the difficulties he had encountered, and in contrasting them with the brilliant prosperity of his late years, he must now feel a peculiar gratification; because by an involuntary impulse he must have attributed his extraordinary elevation to the endowments allotted to him by nature, rather than to the caprice or partiality of fortune. The part sustained by Mrs. Erskine, before the cloud that overhung their first entrance into life was dissipated, is highly honorable to her feelings; the accompanied him to Minorca, followed his fortunes with the most cheerful constancy, and while he was engaged in the pursuits of a most laborious profession, never suffered any pleasure or amusement to interrupt her in the assiduous duties of domestic life.
While he remained in the office of Mr. Buller, he pursued the business of the desk with unremitting activity and ardor; and, on Mr. Buller's promotion, went into the office of Mr. Wood, where he continued a year after he had been in considerable business at the bar. Special pleading, though not unfrequently considered as the mechanical part of the profession, has lately arrived at a higher dignity than lawyers of former times were willing to allow it. The
absolute and hourly necessity of it is now recognized by every one who is conversant with the business of our courts of justice. It consists in a sort of analytical correctness, and its highest utility is derived from the habits of artificial acuteness, which it imparts, and the nice and skilful subtleties, on which it is perpetually occupied. Though Mr. Erskine never practised as a professed special pleader, the notion of his being ignorant of that branch of the legal science, is founded in the grossest misrepresentation. No one understands the principles of that science more correctly; nor is any one more dextrous in the reasonable application of them, as a species of law logic ; a phrase by which the late Sir William Jones accurately defined the art of the special pleader.
In what manner our advocate cultivated the acts of popular declamation, does not clearly appear. It has been said, that he was an assiduous attendant at Coach-maker's Hall, where a debating club of some estimation was at that time held. But the style of Mr. Erskine's oratory bears internal testimony against this assertion. The eloquence that is cultivated in these societies is altogether of a nature remote from the uses of the bar, or the senate. The debates of the evening are for the most part conducted by a set of speakers, or rather spouters, who vociferate a collection of crude declamatory sentences to a tumultuous audience, which, taking no cognizance of felicity or style of diction, makes the greatest noise, and acts his part with the greatest vehemence. Such are not the academic shades in which English eloquence is nurtured. Perhaps the most distinguished of our orators have acquired their perfection in public speaking, more by silent meditation and study, than by declaiming in public. Unquestionably he can never be a good speaker, who has been habituated to that noisy rant, of which the greatest praise is rapidity of utterance, and by which the rules and harmony of the language are exposed to perpetual violence and perversion.
He had now completed the probationary period allotted to the attendance in the inns at court; and was called to the bar in the Trinity Term 1778. Mr. Erskine is a singular exception to the tardy advancement of professional merit at the English bar. It is not worth enquiring how long he continued a mute auditor in the back benches of the court, amongst the crowd of young men, who may be, not unaptly, compared to the ghosts that linger on the banks of the Styx for a passage over the lake; but, by a singular partiality of fortune, he was not tortured by the "hope deferred," and the sickening expectation of a brief in Westminster-Hall, which so many men of promising talents are doomed to undergo; an opportunity was almost immediately afforded him in distinguishing himself in Westminster-Hall. Capt. Baillie, who had been removed from the government in Greenwich Hospital by lord Sandwich, then first lord of the Admiralty, and one of the governors of Greenwich Hospital, had been charged with having published a libel against that nobleman, and the attorney-general was instructed to move for leave to file a criminal information against him; this was the occasion of Mr. Erskine's first speech in court. In opposing the motion of the attorney-general, an opportunity presented itself to him of entering into the merits of the case in behalf of Capt. Baillie. He expatiated upon the services which had been rendered by his client, on the firmness with which he resisted the intrigue and artifice to which he attributed the prosecution set on foot against him.
In the course of this speech, he attacked the noble earl in a tone of farcical and indignant invective. Lord Mansfield interrupted him more than once, but the advocate did not abate of the severity of his animadversions. It was at that time no common spectacle to observe a man, so little known to the court and the bar, commenting, with asperity of remark, on the conduct of a powerful statesman who held an elevated post in the administration, and
distinguishing himself by a species of confidence not usually felt in early efforts of public speaking, under circumstances that rendered it more prudent to abstain from personal severity, and to conciliate the court he was addressing. These strictures on lord Sandwich are unquestionably severe; but, if any faith is to be had in the testimony of his cotemporaries, both in office and in opposition, they are not unfounded—Colonel Luttrell, speaking of him in the House of Commons, observed of him, with a pointed eloquence, that there is in his conduct such a sanctimonious composure of guilt, that the rarity and perfection of the vice almost constituted it a virtue.
This was the first trial of his talents at the bar, having been called only in Trinity Term, and having been employed for Captain Baillie in the Michaelmas Term following. He is said to have been indebted for this opportunity to no interference, recommendation, or connection—His acquaintance with captain Baillie originated from his having accidentally met him at the table of a common friend—Almost immediately afterwards Mr. Erskine appeared at the bar of the House of Commons, as counsel for Mr. Carnan, the bookseller, against a bill introduced by lord North, then prime minister, to re-vest in the universities the monopoly in almanacs, which Mr. Carnan had succeeded in abolishing by legal judgments, and he had the good fortune to place the noble lord in a considerable minority upon a division.
To the reputation which these speeches conferred upon him, it has been said, that he refers the subsequent success he has experienced in his profession, and that, as he left the court upon that occasion, nearly thirty briefs were offered to him by the attorneys who were present—He was now surrounded by clients, and occupied by business. Of the various cases in which he was employed, it would be absurd to expect any mention, as they consisted only of the ordinary and daily transactions of the term and the sittings.
The public feelings were now altogether occupied by the interesting trial of admiral Keppel. Mr. Erskine was retained as counsel for the admiral: a circumstance that was owing to the ignorance which the counsel, Mr. Dunning and Mr. Lee (who were originally engaged) displayed of the sea phrases, without some knowledge of which the case was in a great measure unintelligible—Mr. Dunning recommended Mr. Erskine as qualified for the duty, having been made acquainted with the manner in which he had passed the former part of his life.
The duty of a counsellor before a court martial is very limited by the rules and usages of the court: he is not permitted to put any question to the witnesses; but he may suggest to his client such as occur to him as necessary to be asked; nor is he suffered to address the court; and almost the only assistance he can render is in the arrangement of his defence, and the communication of such remarks on the evidence as are most likely to be present only to the minds of those who are habituated to the rules of testimony in courts of justice. This service was most effectually and ably rendered by Mr. Erskine—Having drawn his defence, Mr. Erskine personally examined all the admirals and captains of the fleet, and satisfied himself that he could substantiate the innocence of his client, before the speech which he had written for him was read—For his exertions on this memorable occasion, Mr. Erskine received a thousand guineas. It was the proudest office of his life to have saved a good and honorable man from disgrace, and even amidst the splendors of his succeeding fortunes, Mr. Erskine ought to look back on this event with renewed satisfaction and triumph.
He was now in possession of the best second business in the King's Bench—By the phrase second business is meant that sort of business in which the lead is not given to the counsel who are not yet arrived at the dignity of a silk gown, and of a seat within the bar of the court; but an event took place which called his talents into activity

on a most memorable occasion. The riots of 1780 are alluded to. Every one knows the universal consternation which at that time agitated the kingdom; when the security of the nation was threatened in the destruction of the capital. After the extinction of these tumults, the vigilance of the magistracy was exercised in directing the insulted justice of the country against the actors in that dreadful conflagration. The participation of these outrages attributed to lord George Gordon, is well known. On his guilt or innocence, it would be indecorous in us to pronounce an opinion. There is a veneration always due to the verdict of juries; and it would be a sort of political blasphemy to call the rectitude of their decision into suspicion.
Mr. E. Kine, however, was retained counsel for his lordship, in conjunction with Mr. Kenyon, now the learned chief of the King's Bench. The duty which more immediately devolved on Mr. E. Kine, was that of replying to the evidence; a duty which he sustained with infinite judgment and spirit. His speech on this trial abounds with many of the most refined graces of rhetoric—It is rapid and impetuous, and altogether in that style and character which are most impressive in judicial assemblies. The exordium is after the artificial method of the ancients, who never begin an oration without an appeal to the tribunal they are addressing, upon the embarrassments and peril of the functions they have undertaken. "I stand," said Mr. E. Kine, "much more in need of compassion than the noble prisoner. He rests secure in consciousness of innocence, and in the assurance that his innocence will suffer no danger in your hands. But I appear before you a young and inexperienced advocate; little conversant with courts of criminal justice; and sinking under the dreadful consciousness of that inexperience."
There is, perhaps, no department of his profession in which our advocate has reached higher excellence, than in his observations on evidence. The defence of lord George Gordon required the exercise of these powers to their amplest extent; as the case on the part of the crown was supported by a variety of witnesses. Having delivered to the jury the doctrine of high treason, as it had been established by the celebrated act of Edward the Third, and as it was expounded in the best authorities, he made a most dextrous application of those rules to the evidence, which had been adduced. They who study this speech will observe, with emotions of admiration, the subtleties with which he abates the force of the testimony he is encountering, and the artful eloquence with which he exposes its defects and its contradictions. "I say, by God, that man is a ruffian who, on such evidence as this, seeks to establish a conclusion of guilt," he exclaimed, as he was finishing this topic of his defence. An impassioned mode of exclamation, which, though it may find some apology in the perpetual example of Cicero, is not suited to the chastity and soberness of English eloquence. Of this speech, the concluding sentence is truly pathetic. We scarcely hesitate to pronounce this to be the best effort of Mr. E. Kine's talents: it does not, indeed, display the minute beauties of cultivated diction, nor those grave remarks of moral wisdom with which his later speeches, in imitation of Mr. Burke, are pregnant; but, considered in reference to the occasion on which it was delivered, is a most astonishing effort of vigorous and polished intellect. [To be continued.]
The Schooners Dolphin & Kitty now lying at Mr. Young's Wharf will constantly take freights every three weeks from this to Annapolis or Baltimore. For terms apply to BRO. HAWN and BOYS.
Washington July 15, 201
Ten Dollars Reward.
STRAYED or stolen from the subscriber two horses and a mare. The mare and one of the horses are matches, about 15 hands high, black colour, and bob tails. The other horse is a small bay, about 14 hands high, has a remarkable lump on the right side, cropt ears, and a bell round his neck. The above horses were missing on Sunday night.
DANIEL C. BRENT. Washington City, Aug. 19 1801. 3t
Strayed from the Subscriber
on or about the 8th of August, a large black mare, had all round, one white hind foot, a white on his neck, where he was bled, and some saddle galls.
To a dark brown cow, and a calf, the cow has both her horns sawed off at the end, and a band on the top; the calf is brown with a white face and the end of its tail white, is a bull calf about five months old. Whoever will take up said horse, cow and calf, shall be entitled to a dollars reward, and all reasonable charges paid, or two dollars for the horse, by returning them to the subscriber.
AMOS WILKINSON, the tinner. Washington City, Aug. 19, 1801. 3t
WASHINGTON CITY.
WEDNESDAY, August 26, 1801.
The ensuing election in Maryland for Electors of the Senate, which takes place on the first Monday in next month, is among the most important that occur in that state. On its issue may materially depend the political character of Maryland for at least five years, as the Senate is chosen for that length of time.
As the importance of this election does not appear to be understood at a distance, we will state some of those considerations which make it so.
 1. The constitution of Maryland is alterable by two ensuing legislatures.  2. It vests all legislation in two branches; the House of Delegates, the members of which are chosen annually and must each be worth at least 500 pounds; and the Senate chosen for five years, through electors. A member of the Senate must be worth at least 1000 pounds. The Senate consists of 15 members; 9 chosen from the Western, and 6 from the Eastern shore; the relative numbers remaining unaffected by any change, no matter how great, in the population.  3. All the counties (excepting Baltimore and Annapolis, which are each entitled to two delegates) send four delegates each, however unequal the numbers in each county. The same unequal ratio applies to the election of the Senate; the electors who choose the Senators, being in the same proportion with the delegates, but being only half their number.  4. Every voter must be worth the value of 500 pounds.  5. The votes are given viva voce .  6. The sheriffs are the judges of election.  7. All vacancies in the Senate are filled by the Senate itself.  8. The governor is chosen by the joint ballot of the Delegates and Senators; and he must be worth 5,000 pounds.  9. Five persons, to be elected in the same manner, as his council, each of whom must be worth 1,000 pounds.  10. A citizen, to be elected a member of Congress, must be worth 1,000 pounds. 
There is not, perhaps, a constitution in the union, so exceptional as that of Maryland. Though republican in its general structure, the parts are so ill adapted to each other, that what were intended as checks against undue power are in reality incentives to it.
It may in the first place be remarked that the right of suffrage, by being confined to citizens worth 500 pounds, is dangerously abridged.
In the second place by requiring a delegate to be worth 500 pounds, a Senator and Councillor to be worth 1,000 pounds, and a Governor 5,000 pounds, a complete monopoly of office is given to the rich, for by these officers are all other subordinate ones appointed.
In the third place, the right to representation is monstrously unequal. All the counties, however dissimilar in the number of their inhabitants, send the same representation. And Baltimore, which contains more inhabitants than either of the Counties, sends but half the number of representatives returned by each county.
In the fourth place, the Senate are chosen for five years, a period, we believe, unprecedented as to its length in any other state constitution. The members are chosen by all the electors of the whole state, who assemble together; a majority of whom elects all the Senators, who are of course the representatives not of particular portions of the state, but of the state integrally considered. There is no limitation of the places from which the Senators shall be taken, other than that 9 shall be taken from the Western, and 6 from the Eastern part of the state. Besides this body itself fills up all vacancies in itself that happen during the five years. By this means the Governor or easily moulds the body to his views; as he has only to withdraw, by appointing to lucrative offices, as many Senators, as will leave the residue friendly to his wishes, to gain as many new members favorable to him as he has withdrawn old members hostile to him.
In the fifth place, to be elected a member of Congress, a citizen must be worth 1000 pounds.
From this view of the Constitution it will appear that it requires radical amendment. This object can only be effected by a concurring Senate. Hitherto the Senate has rejected all overtures made by the House of Delegates to this effect.
These remarks illustrate the great importance of this election, so far as it affects
the local politics of Maryland. It is equally interesting as it affects her federal relations.
By the next legislature a federal Senator is to be chosen in such manner as the two houses shall resolve on; and in the present situation of the Federal Senate it is of great importance that Maryland should be represented by a republican Senator. It is true that there will be a republican majority in that body without the aid of Maryland; but its smallness may be very embarrassing, and may subject the course of its proceedings to be materially and even dangerously affected by the casualty of death, sickness, absence, or resignation of any of its members.
A Connecticut print mentions that William Edwards has resigned his seat in Congress, and recommends the election of Elizar Goodrich in his room.
DIED—In North-Carolina, general Joseph McDowell , late a member of the Federal House of Representatives.
INTERESTING.
Extract of a letter from a gentleman, dated at Fort Wilkinson on the frontiers of Georgia, the 27th of July, 1801, to a correspondent in Philadelphia.
"I left Col. Hawkins's establishment, near Tookaubatchee, on the 19th inst. The Col. was in very ill health, being much afflicted with the gout. He being one of the Commissioners lately appointed to treat with the Southern Indians, had just received notice to be at S.W. Point, state of Tennessee, on the first of August, to meet the other Commissioners, Gens. Davie and Wilkinson, and intended setting off for that purpose on the 22d, three days after I left him.
"Bowles's vessel which arrived from Providence in April, was before it had finished discharging its cargo, compelled to cut cable and clear itself. He still continues to give the Indians assurances, or rather to make them promises, that his other vessels will shortly arrive. He and his associates are in a state of starvation, and still keep on the Spanish side of the line.
"About the last of June, a British ship of war failed over the bar of Pensacola Bay, took a brig laden with flour, fired at the fort at the Barranco, and failed off unmolested with its prize. The consternation of the Spaniards in the town of Pensacola on this occasion was great; some fled to the fort, whilst others were preparing to take to the woods.
"The Indian reports at Cowetahtallau-hasslee were, that the firing of cannon had been heard towards St. Marks and St. Augustine, which gave hopes to some of them that Bowles's vessel had arrived; but the large majority of the nation are of opinion that they had better mind their farms and hunting, and leave the white people to fight their own battles. They continue to make settlements nearer the state of Georgia; this year they are making corn at several places on the Flint river, which, several years ago, through dread of the white people, they had deserted, and which, in consequence of the fertility of the soil and the good understanding that has subsisted between them for a few years past, they have been induced to settle.
"The Citizens of Georgia are very anxious for an extension of Territory—The magnetic charm of the "promised land," has drawn to the frontiers, people from all parts of the United States, some of whom this year have had the boldness to violate the intercourse laws, by planting on the Indian side of the line, which must be immediately put a stop to, or we shall forfeit the friendship of these injured people."
The DAIRI, or Celestial Emperor of Japan, is regarded by the people of that country as a divinity—He seldom goes out of his palace, his person being considered as too sacred to be exposed to the view of any human creature—He never exceeds the boundaries of his palace during his whole life, and scarcely any one knows his name till long after his death.
The quantity of tea brought from China to England by the fleet lately arrived there, consisted of 2,208,377 lbs. of bohea, 7,577,691 lbs. of congou, 647,282 lbs. of compoi, 51,799 lbs. of souchon, 269,980 lbs. of Singlo, 1,362,807 lbs of Twankaw, 428,130 lbs of hyson skin, and 143,079 lbs. of hyson; in all 12,689,145 lbs.—There were also 105,700 pieces of brown, and 49,309 pieces of white nankeen, and 107,167 lbs. of raw silk, and several parcels of goods. the particulars of which are not yet known.
The East India company have had a controversy on the question of permitting the produce or commodities of India, in which the company do not trade, to be transported to England in India built ships. On the one hand, it is urged that by restricting the trade to the company's British built ships, the freight is greatly enhanced; but the rights of the company are preserved and secured, and British seamen duly encouraged. On the other, it is stated that to permit the merchants to charter India built ships, the rights of the company will be endangered, lead to a spirit of colonization, and ultimately to the ruin of the company. The wages of the Lascars or India seamen, are much lower than those of British seamen; but those who arrive in Great-Britain cannot bear the climate, and many of them perish in winter. The question on a general ballot, was decided in favour of granting permission to employ India built ships.
From a late London paper.
COPENHAGEN, May 20.
The choice of count Bernstorff by our government as negotiator with England, is the most judicious that can be well conceived, now that it has been resolved upon to adjust the difference with England in a manner consistent with our national dignity and independence.
Mr. Bernstorff is better acquainted than any other person with the cause of our contest with England. He is of a most engaging figure, he is sensible, and gifted with a capacious mind; and should he be induced to make any sacrifice, we are sure he will never lose sight of what he owes to the honour of his country, and to its faith with respect to its allies:—notwithstanding these motives, it will appear rather singular that we should have no other ambassador to send but our minister of external relations, as it evinces the scarcity of diplomatic heads among us still; the business must be settled as soon as possible, and as completely as can be, since our trade might experience a destructive suspension, since delays might and would plunge us into new misfortunes, no fitter person could be deputed.
Count Bernstorff enjoys the confidence of the Prince Royal, and carries with him all the sources of information; he knows better than other individuals what is to be done for the prosperity of his native land, for its commerce, its navigation, and its peace—without however, sacrificing one of the principles for which Denmark took up arms, and without affording to her allies any just cause of complaint.—Moreover have not the allied powers set an example of direct, though separate negotiations? was not the first measure of Alexander I. perfectly conciliatory with respect to England? Did not the Court of Prussia, immediately after, permit the opening of the three rivers, the mouths of which it had a short time before ordered to be shut against the English? and did not Prussia too give us to understand that the occupancy of Hamburg was no longer an object of importance? Is it then our duty, through excess of delicacy in our engagements, to remain the sole victims of our good faith, and when each of our allies is consulting his private interest, to neglect our own welfare, which has been so strangely committed.
All announces now that the Grand Confederacy, which made so much noise in Europe, is at the eve of being dissolved!
We have been informed within these four days, of the capture of our islands by the British; this intelligence adds, in no inconsiderable manner, to our animosity against our enemy; all agreeing that the conduct of England in this transaction, is stamped with ****. She had ordered that early conquest to be undertaken before she was made acquainted with the tenor of the maritime convention; before she knew whether we would prevent her ships of war from passing the Sound; and it may be said, that if our government at this moment consulted the Danish nation, and adopted its will, a negotiation for peace would not be the object of Count Bernstorff's journey to England.
Augusta, August 5.
It is with very great pleasure we mention that the crops of wheat throughout our county the present season have been very fine—Accounts from the northward, announce an unusual abundance, and in this state and South Carolina, the labour of the husbandman has not gone unrewarded. The cornfields and the cotton plantations exhibit an appearance, calculated to gladden the heart, and to inspire the most grateful sensations.
Frankfort, (Kent.) August 1.
The commissioners appointed to hold a treaty with the Southern Indians at South West Point in the state of Tennessee, in

the course of this month, are instructed to obtain their consent for opening a road which may facilitate the communication between Natches and the settlements on the Ohio; and for the cession of some spots of ground, at convenient distances, whereon to erect houses for the accommodation of travellers. We presume this information will be highly agreeable to our fellow-citizens, not only from the great aid which the accomplishment of such a plan must give to our commerce down the river; but inasmuch as it clearly shews the friendly disposition of the executive towards this part of the Union. Indeed the enlightened and liberal mind of Mr. Jefferson was one of the first to discover and point out the great natural advantages of the western country. — No doubt therefore can be entertained of his disposition to advance in every respect, this valuable and productive country.
LAND FOR SALE.
A VALUABLE TRACT OF LAND,
L AYING on Mountain Run, in the county of Culpeper, whereon the subscriber now lives, containing 1130 acres and well improved, with buildings for a large and genteel family; orchards, barns, corn houses, &c. a large proportion of meadow land, which is now in grass sufficient to cut 50 or 600000 lbs. of hay annually; 5 or 6 acres of highly improved red clover lots, the first cutting this spring, and very luxuriant; the whole of the cleared land in good farming order and in a progressive state of improvement; the tract may with great convenience be divided into two good farms with equal advantages except that of buildings. The buildings on one of them would be small, but might with no great expense be made comfortable for a small family with the necessary buildings now on it, with a very productive garden; convenient to church, court house and three valuable merchant mills, two of them within one mile and an half and the other seven and an half miles, immediately on the road leading to Fredericksburg; distant 50 miles from Alexandria and the Federal City; 30 miles from Fredericksburg and Falmouth. As to its healthiness of situation and agreeableness of neighbourhood, I am fully persuaded no one will be disappointed in them. Wishing to sell the land to make a more equitable division among my children, and as some of them are young, the payments will be made easy on paying the interest annually; one third or one fourth of the purchase money will be expected on giving possession, which may take place on or about Christmas next, or perhaps sooner if required, with the liberty of seeding this fall. All kinds of stock, plantation utensils, corn, fodder, hay, household and kitchen furniture, except beds, may be had with the plantation. A parcel of likely NEGROES in families, who can be well recommended for their honesty, &c. Any person wishing to retire from trade, and for himself in the farming line, will seldom find an opportunity of doing it more to his mind than the present one.
One other tract of nearly 700 acres of Land, lying on the river, 4 or 5 miles above Fredericksburg, known by the name of Sutherland's Tract of land, the greatest part of which is now in wood, containing a quantity of valuable timber, and its vicinity to so thriving a town as Fredericksburg, will render it truly valuable; there is a small plantation on it now in cultivation and may be converted into a small grass farm to great advantage. It is needless to say much on its quality or other advantages, presuming any one wishing to purchase, will choose to satisfy themselves by taking a view of them. The payments for the last tract of land will be one third on giving possession on or about Christmas next, the other two-thirds in two equal annual payments. The price of each tract may be known on application to the subscriber, either by letter or otherwise; the price of the latter tract may also be known of Mr. D. Grinnan, of Fredericksburg, or my son, living with Mr. Stone, of Fredericksburg.
R. SLAUGHTER, jun. Culpeper, Virg. August 21. ep14t
CONVEYANCERS OFFICE,
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 pecies 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. rawa
From an English Magazine.
FATHERLESS FANNY.
A Ballad.—By Mrs. OPIE.
KEEN and cold is the blast loudly whistling around,
As cold as the lips that once smil'd upon me; And unyielding, alas! as this hard frozen ground, The arms once so ready my shelter to be.
Both my parents are dead, and few friends I can boast.
But few to console and to love me, if any; And my gains are so small, a bare pittance almost Repayes the exertions of fatherless Fanny.
Once, indeed, I with pleasure and patience could toil,
But 'twas when my parents sat by and ap-prov'd!
Then my laces to sell I went out with a smile, Because my fatigue fed the parents I lov'd.
And at night, when I brought them my hardly-earn'd gains,
Though small they might be, still my comforts were many;
For my mother's fond blessing rewarded my pains, My father stood watching to welcome his Fanny.
But, ah! now that I work by their presence uncheer'd,
I feel 'tis a hardship, indeed, to be poor; While I shrink from fatigue, now no longer endear'd
And sigh as I knock at the wealthy man's door.
Then, alas! when at night I return to my home,
No longer I boast that my comforts are many; To a silent, deserted, dark dwelling I come,
Where no one exclaims, "Thou art welcome, my Fanny!"
That, that is the pang! Want and toil would impart
No pang to my breast, if kind friends I could see; For the wealth I require is that of the heart, The smiles of affection are riches to me.
Then, in pity, ye rich, when to you I apply To purchase my goods, though you do not buy any,
With the accents of kindness O deign to deny You'll comfort the heart of poor fatherless Fanny.
ANECDOTES OF THE ELEPHANT.
The two following instances of the sagacity of the Elephant, are related by Dr. Darwin in his Zoonomia , who says he obtained them from a gentleman of distinguished observation, and undoubted veracity, who had been much conversant with the East-Indies."
"First, the Elephants that used to carry the baggage of our armies, are put each under the care of one of the natives of Indostan, and whilst himself and his wife go into the woods to collect leaves and branches of trees for his food, they fix him to the ground by a length of chain, and frequently leave a child yet unable to walk, under his protection; and the intelligent animal not only defends it, but as it creeps about, when it arrives near the extremity of his chain, he wraps his trunk gently round its body, and brings it again into the centre of the circle.
Secondly, the traitor Elephants are taught to walk on a narrow path between two pits, which are covered with turf, and then go into the woods, to seduce the wild Elephants to come that way, who fall into these wells, whilst he passes safe between them; and it is universally observed, that these wild Elephants that escape the snare pursue the traitor with the utmost vehemence, and if they can overtake him, which sometimes happens, they always beat him to death."
THE DUKE OF BRIDGEWATER'S CANAL.
The Duke of Bridgewater immortalized his name by planning and effecting his famous canal. He was only twenty-one years of age when he conceived this design, worthy of ancient Rome. His canal unites the city of Liverpool with the populous town of Manchester. It is sometimes carried across immense rocks hollowed at top. Sometimes it suddenly vanishes and makes several turnings in a subterraneous passage, eight English miles in length. After appearing all at once, it seems suspended in the air, and crosses the river Wevil, by means of immense arches, in such a manner, that one may often enjoy the picturesque sight of one vessel navigating in the stream below, and of another which crosses it, and seems to sail in the element above.
DESTRUCTION BY EARTHQUAKES, During the last century.
In the beginning of the last century, there was a terrible earthquake, which in a quarter of an hour laid the whole country of Peru in ruins, to the extent of 300 leagues long and 90 wide.
Palermo, in Sicily, was nearly destroyed by an earthquake, and 600 people lost their lives, A. D. 1726.
Four whole provinces in China were swallowed up by an earthquake. A. D. 1731.
Avelino, a city of Naples, was destroyed by an earthquake, A. D. 1720.
Almost the whole kingdom of Chili, together with its capital, St. Jago, was swallowed up by an earthquake, A. D. 1739.
Calao, in Peru, was destroyed by an earthquake, when all the inhabitants perished, excepting one man, who was standing on an eminence, and to whose relief the sea providentially threw a boat, A. D. 1745.
There was a terrible earthquake at Lima, which entirely destroyed that city, and in which 5000 people lost their lives. This earthquake continued from October 27th to November 20th, 1746.
The city of Constantinople, in Turkey, was in a manner destroyed by an earthquake and 3000 inhabitants killed, A. D. 1754.
Two-thirds of the houses in Grand Cairo and 40,000 inhabitants were swallowed up, A. D. 1754.
In the year 1755 most of the houses in Lisbon, and 30,000 inhabitants, were destroyed in about eight minutes. This terrible earthquake extended no less than 500 miles, and at the Azore Islands 10,000 people were buried by it.
Damas, in Barbary, was nearly destroyed by an earthquake, when 50,000 inhabitants perished, A. D. 1759.
Truxillo, in Peru, was swallowed up by an earthquake, A. D. 1759.
There was an earthquake at Martinico, which destroyed 1600 persons, A. D. 1757.
Guatimala, in New Spain, was entirely swallowed up by an earthquake, and many thousands of its inhabitants perished, A. D. 1773.
At Tanis in Persia, 15,000 houses were thrown down by an earthquake, and a great part of the inhabitants perished, A. D. 1780.
A great part of Calabria, in the island of Sicily, was destroyed by an earthquake, and 30,000 people lost their lives, A. D. 1783.
Ardschinscham in Turkey, was destroyed by an earthquake, and 12,000 of the inhabitants were buried in the ruins, A. D. 1784.
A part of the island of Cuba, and 3000 persons were destroyed by an earthquake, A. D. 1791.
The aforementioned instances of destruction by earthquakes, within the period of a single century, justify the supposition of the poet, that "wide continents once bloomed where the Atlantic now rolls;" and the serious mind is led to exclaim with the Psalmist, Come behold the works of the Lord, what desolations he hath made in the earth!
ANTHONY SAWYER,
LADIES' & GENTLEMEN'S HAIR-DRESSER.
R ESPECTFULLY informs the public, that he has opened a shop opposite the Little Hotel, in the City of Washington. Turban wigs of the newest fashion are made for the ladies, fillets, &c. He will wait upon any lady with the patterns. Any other business in his line shall be strictly attended to.
F Street August 19, 1801. Tim
CIRCULATING LIBRARY.
HUGH SOMERVILLE,
Has lately received and is now ready to circulate, a large and valuable collection of
NOVELS, History, Romances, Voyages, Travels, &c. which will be lent out to read, by the week, month, quarter, or year, as his store and residence in a frame building, south side of the Pennsylvania Avenue, near the Hotel bridge, and three new brick buildings, and the building now erecting for the city of Washington market-house, where the terms may be known, and attendance given from nine in the morning till one in the afternoon, and from two till four.
August 18. 7t.
To be sold or Exchanged
For improved lots in the city of Washington, or Alexandria,
A VALUABLE FARM,
In Frederick County, Virginia, CONTAINING three hundred acres; 60 acres at present in thriving CORN—it is situated in a genteel neighbourhood, and contiguous to a Mill and Black-smith. The improvements are a handsome and convenient Dwelling House, Kitchen, Store house, Smoke-house, tables, Corn-house, Hen-house, Overseer's house, and necessary Negro Quarters. The whole of these buildings are new and complete.
Will be sold with it, if required,
Negroes, Horses, Cattle, Hogs, Farming utensils, &c. &c. Likewise, fifty barrels of CORN on hands.
Any person desirous of possessing this valuable tract of land, by purchase or exchange, will apply to
ROBERT W. PEACOCK.
Attorney at Law, and Conveyancer. August 7. 1aw3
Conrad & M c Munn
H AVE opened houses of entertainment in the range of buildings formerly occupied by Mr. Law, about two hundred paces from the Capitol, in New Jersey avenue, leading from thence to the Eastern Branch. They are spacious and convenient, one of which is designed for stage passengers and travellers, the other for the accommodation of boarders. There is stabling sufficient for 60 horses—They hope to merit public patronage.
City of Washington, Nov. 24, 1800. tf
VARDEN & CARPENTER, TAYLORS,
Gratefully acknowledge the favors of the public, whilst carrying on business opposite Mr. Stille's Tavern, and inform, that they have removed to the next house east of Mr. Funchess's Hotel, where gentlemen and ladies will be served in a style of fashion and elegance which it has ever been, and ever will be, their study to execute, and they presume, equal to the most populous cities in the Union.
Regimental and Ladies Habits made in the neatest manner.
May 15, 1801. wtf
The subscriber respectfully acquaints 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 Safes, &c. which may also be had at his store No. 51, Barclay Street, New-York, and at Mr. Wild's store, Market Street, Baltimore.
GEORGE ANDREWS.
Who has gold leaf for sale by the package or book.
May 8, 1801. ty
District of Columbia, Washington County, ff.
B ROUGHT before me, one of the justices of the peace for the county aforesaid, by Richard Spalding and Hezekiah Robinson, a brown horse, taken as a stray and trespasser. He is about fourteen hands and an half high, seven or eight years old, shod all round, shoes much worn, a round scar on the off side of his neck, under his mane, a narrow blaze and snip, a lump or hard swelling on his off knee, very strong marks of a collar and of his having been in hard service.
BENJAMIN MORE.
Washington City, August 8, 1801.
The owner of the above horse is desired to prove his property, pay charges and take him away.
RICHARD SPALDING, HEZEKIAH ROBINSON.
August 10. 1aw3t
A GREAT BARGAIN.
I WILL sell or lease for ten years, a valuable Farm, in the county of Culpepper, and state of Virginia, on Flat Run, containing 750 acres the land is extremely fertile, and yields abundantly in the production of corn, wheat, and tobacco; there are about 100 acres of meadow land, 50 or 60 of which are cleared, and 15 acres well set in Timothy, about 350 acres of the tract are cleared and well inclosed. This land is distant from Fredericksburg about 28 miles, and 55 miles from Alexandria and the City of Washington. There are several valuable merchant mills, in the vicinity, one within the distance of a mile, where the Fredericksburg prices are given for all kinds of grain.
I will also sell the Reversion of 250 acres of land adjoining the above, on which are erected a number of valuable buildings, among them a large dwelling house of 60 feet by 40, with four rooms on a floor, with fireplaces, and every necessary out houses—A valuable peach and apple orchard.
A further description is deemed unnecessary, as any persons desirous of purchasing or leasing, will doubtless wish to view the premises. For terms apply to Robert Brooke Voss, Esq., who lives adjoining the premises, or to the subscriber.
I will also Sell 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.
City of Washington, July 13, 1801.
N. B. I wish to hire by the month, or until the 1st day of November, ten or twelve labourers, for whom liberal wages will be given,—Apply to N. Voss, on F street, or W. T. Voss, at the Navy-Yard. 2awtf
NOTICE.
T HE following Slaves have been committed to the prison of Washington county, as runaways. WILL, who says he is the property of Jesse Robinet, has on light cotton cloaths, appears to be about 26 years of age, well made of light complexion, and is about five feet five or six inches high.
DEBBY WILLIAMS, alias PARKER, who says she belongs to Mrs. Pinckney, Old Town, Baltimore, about 22 years of age, of light complexion, and five feet 3 or 4 inches high; had on when committed an old dark calico gown.
The owners of the above slaves are requested to take them away, or they will be sold according to law, to pay their prison fees.
DANIEL CARROLL BRENT,
Marshal of the District of Columbia.
July 17. wtf

The second power, whose constitutionality is disputed, is that of passing laws which affect the right of conscience and the liberty of the press; of which the Sedition law is alleged to be an instance.
The Constitution, as amended, says, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
The law, commonly called the Sedition Law, passed the 14th of July 1798, enacts, "That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist, or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either House of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of the said Congress, or the said President, or to bring them into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States; or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States; or to resist, oppose, or defeat any such law or act; or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government; then such person, being thereof convicted before any court of the United States, having jurisdiction thereof, shall be punished by a fine not exceeding 2,000 dollars, and by imprisonment not exceeding two years."
In a subsequent section, the person prosecuted is permitted, "To give in evidence in his defence the truth of the matter contained in the publication charged as a libel."
The constitutionality of this law has been so ably and fully discussed, and the interest excited in the public mind has been so lively, that it would seem an act of supererogation to go over even the leading ideas expressed on it. Those who need information will find it copiously given in the debates of Congress, and in the report of the Virginia Assembly. This last performance, indeed, is an admirable digest of whatever has been said on the subject; and as a piece of logical and conclusive reasoning stands almost unrivalled. Like all the productions of Mr. Madison, by whom it was penned, it is correct and perspicuous, and entirely free from irritation and declamation.
But, perhaps, the best commentary that could be passed upon this law, would be a statement of the several prosecutions instituted under it. By comparing these, and the manner in which they were conducted, with the solemn declaration of the constitution, that no law should be passed abridging the freedom of speech or of the press, it would appear whether, under its execution the freedom of speech and of the press had been defended and protected, or whether they had been invaded and infringed. We shall confine ourselves to the enumeration of a few of these cases.
The first is that of Mathew Lyon, who was tried for publishing a letter, printed in a Vermont paper on the 31st of July 1798, ascribing corrupt and unworthy motives to the President in his appointments to office, &c. The letter, on which this prosecution was grounded, was written on the 20th of June, by Mr. Lyon, before the passage of the law. Whatever therefore may have been its contents, it ought not to have been considered as a violation of a law, not existing when it was written. Yet the author was sentenced by Judge Paterson to an imprisonment of four months and fined 1,000 dollars.
Though these circumstances do not throw any light on the unconstitutionality of the act, they certainly powerfully elucidate the spirit with which it was executed.
2. The case of Thomas Cooper, charged with publishing a libel on the President to this effect: That under his auspices a permanent navy, a standing army, a loan of 2 per cent. in time of peace, had been resolved on; that he, by the violence of his official expressions might have provoked a
just war against this country; that he had projected embassies to Russia, Prussia, and the Sublime Porte; that he had interfered with the Judiciary, contrary to all law, precedent and mercy, in the case of Jonathan Robbins, &c.
This publication was declared a libel, and Mr. Cooper was imprisoned 6 months, and fined 400 dollars, judge Chase presiding at the trial.
With respect to the grounds, whereon this prosecution was founded, it is scarcely necessary now to remark, that they are among the strongest reasons for the change which has lately taken place in the administration of the government; and that if the publication of Mr. Cooper be a crime, then are the American people participants in his guilt.
3. In the case of Charles Holt, Editor of the Bee, in Connecticut, we find an imprisonment of three months, and a fine of 200 dollars imposed, for calling the army a standing army, instead of a provisional army.
On this point the reader will observe, that the truth or fallacy of the charge was a mere matter of opinion. Events only could shew whether the army, lately raised, would be standing or temporary; for, however, the occasion might make it provisional, it might, notwithstanding, be made absolutely permanent. It is true, that it was then said that under the federal constitution there could not be a standing army; but it was replied with equal truth, and more point, that though the constitution forbade Congress making military appropriations for more than two years, yet there might exist a military force correctly denominated a standing army, viz. one not limited in duration by the law that created it; and that in fact such a body did exist in England, and was there universally called a standing army, though its very existence depended upon the annual passage of the mutiny act.
4. Case of Anthony Haswell, Editor of the Vermont Gazette, charged with publishing that Matthew Lyon had been denied the privilege of pen, ink and paper, when first confined; and with publishing a correspondence between General William Darke of Virginia, and James M'Henry, Secretary at war of the United States, in the course of which the latter mentions that it would be desirable to have the volunteers, and the officers elect, of voluntary companies, produce recommendations from known and prominent characters in their vicinity, in order for their being accepted. In answer to which Gen. Darke enquires whether he is to understand the secretary to mean that recommendations must come from characters who fought and suffered in our revolutionary war, or from prominent old tories, &c. The secretary in reply says, in substance, there are many among those whom you denominate old tories, friends to the administration of the government of the country, and who being men of probity and honor, I do not see why they should not be deemed eligible. Of these letters Mr. Haswell produced certified copies. Mr. Haswell was found guilty and sentenced by Judge Patterson to an imprisonment of two months, and to pay a fine of two hundred dollars.
These are but a few of the cases, in which prosecutions have been instituted, and convictions have followed. They have been stated, either because they are the strongest cases, or from the prints of the day furnishing more correct notices of them than of the others.
From these, however, it is presumed that it must clearly appear, that however constitutional or unconstitutional may have been the provisions of the Sedition Law, however free they may have been, as they ought to have been, from all acts of invasion on the freedom of speech or of the press, yet that the acts, of which this law was the cover, were invasions of the freedom of speech and of the press; and that they did tend, by the sanction of severe punishments, to repress free animadversion on the measures of government.
The late change in the administration of the government confirms, as far as any act of the people can confirm, the truth of these sentiments, and to that extent decides the Sedition Law to have been unconstitutional. One of the first acts of the Executive magistrate, viz. the superceding all prosecutions under the Sedition law, strengthens the conviction.
From the foregoing details it appears that two hostile opinions exist, and have been carried into effect, on the constitutionality of the Sedition Law. Which is the true one? Even, if public opinion has decided the question, that decision cannot be expected, to repress, at some future period, a resort by men of similar principles to the same measures. It is evident then, that the point can alone be freed from all ambiguity
and controversy by an amendatory article to the Constitution.
SOLOM.
[From the Aurora.]
In order that the acts of the government may be well understood, free investigation are admitted by the constitutions of the laws. It is, however, just, that explanations should be admitted with equal readiness and candor. The following paper, signed "A Pennsylvanian," was lately presented to a printer, to repeal a few of the charges on the subject of removal brought against the President. The essay was refused a place on a plea of want of candor. It is transmitted to you without any alteration, addition, or diminution. Let the public judge what is the state of the press, what their chance of fairly hearing the whole, when such a paper is refused.
A PENNSYLVANIAN.
For the Lancaster Journal.
Observations on certain acts of the President. There is a fund of good sense in the people of the United States, that will not long be deceived. Many circumstances, however, produce temporary mistakes and deceptions. Dispassionate representations of truth, in such cases, become a duty to those who possess a knowledge or recollection of them.
In the last Journal is republished from some other paper, a list of persons, said to have been removed by the President, "on account of their political opinions." A few of the cases will be noticed at present, with the mere intent to shew the error of that assertion, and the danger and injustice of giving it credit.
As most impressive in this part of the country, we shall begin with the case of the late John Wilkes Kittera, Esq. who was attempted to be appointed by Mr. Adams, under the new judiciary law of the United States, to the office of Attorney of the United States for the eastern district of Pennsylvania. Nothing in the least derogating to the virtue, learning, or understanding of the deceased gentleman [Mr. Kittera] is involved in the question of his removal from office, as it is erroneously called. It will be shewn, that Mr. Kittera was never removed by Mr. Jefferson, because he was never invested with the office of attorney of the United States, for our eastern district. The federal constitution [Art. 1. sec. 6. paragraph 2] expressly prohibits the senators and representatives from being appointed to any civil office of the United States which shall have been created during the time, for which he was elected. Now it is universally known that Mr. Kittera was elected to serve in the federal house of representatives, until the 4th day of March last, and that the office of attorney of the United States, for the eastern district of Pennsylvania, was "created" by a law of the last session, which commenced in December, and ended on the 3d of March, 1801. The federal constitution, therefore, peremptorily forbad his appointment in March, when it was made by President Adams. Either the commission for the constitution was to be held of no force or effect. President Jefferson duly respecting the constitution decided, that the commission of Mr. Kittera, prohibited as it was by the constitution, was null and void from the beginning. The office of attorney then, had not vested in Mr. Kittera. He was never, in law or in truth, attorney of the United States for the eastern district. He was not, therefore, he could not be removed. It is palpably erroneous and unjust then, to say, that Mr. Jefferson removed Mr. Kittera on account of his political opinions. The latter gentleman never could have received a letter or message informing him, that he was removed or dismissed from the executive service of the United States. On the contrary, it is certain and well known, that the commission of the present attorney of the United States for the eastern district recited, that the office was vacant; and Mr. Kittera was so informed, and not that he was removed. There are in this country federal persons of judicial and law characters, and others perfectly competent to a found opinion upon this point, not one of whom, it is confidently believed, will say, that the late John Wilkes Kittera, Esquire, was ever really and legally invested with the new created office of Attorney of the United States.
It is also asserted, that General Henry Miller was removed from the same cause that is to say, on account of his political opinions. The following facts merit the candid and serious attention of the public. General Miller was commissioned as supervisor the summer of 1794. When
Mr. Gallatin published his pamphlet on finances of the United States in the Autumn of the year 1800. General Miller had not once settled his accounts. There were 23 or 24 quarterly accounts then due, and not one single settlement had been made. The newspapers of Philadelphia, which circulate extensively in York, published a notice of General Miller's removal, declare, that he had not then settled his accounts. Under such circumstances, will it be prudent for the people to believe, that General Miller was removed on account of his political opinions, until he shall publish a certificate that his accounts to the end of 1800 were settled in July, and that the balance then due from him was paid. It is very unfriendly to General Miller for any uninformed federal writer to attack the President about his removal. There is no wish on the republican side to notice this subject so as to injure him. It is done with eat and sincere regret, but the government of the United States ought to be supported and defended in its attempts to effect settlements of the public accounts, and to enforce the payment into the Treasury of all monies received, and collected by the revenue officers. The taxes upon bills and spirits, carriages, snuff, refined sugar, stamps, retailers licences, and the direct Tax upon lands and houses, have passed into General Miller's hands, from a number of officers and to a large amount. The President seems to have given him from March till July to pay and settle. Are the federal tax holders, farmers, distillers, and consumers, willing that our federal tax officers, who needed to settle, should be kept in office, "on account of their political opinions?"
The cases of Colonel Whipple, and Colonel Gardner, of Portsmouth in New Hampshire were also mentioned in the last Journal. These two gentlemen were merely restored to their late offices at Portsmouth by Mr. Jefferson, probably because it appeared that they had been removed on account of their political opinion. Their two offices, taken from them by Mr. Adams in 1798, and conferred on a Mr. Martin, & a Mr. Sheafe, have been given to them by Mr. Jefferson again. Nothing is known here, or will be said against Mr. Martin, or Mr. Sheafe, but there are three persons in this Borough who officially know, that Messrs. Whipple and Gardner are well educated and capable men, were punctilious, regular, upright and excellent officers. They are understood to have been removed soon after refusing to give a very strenuous and unsatisfactory address to President Adams, the contents of which were against their judgments.
BOTTLED PORTER.
THE subscriber wishing to establish himself in the bottling of Porter informs the public in general that he at present has by him for sale at his bottling cellar, corner of Bridge Street, opposite the Post Office,
fine Philadelphia Porter, in excellent order—Also,
TAUNTON ALE of the first quality, and CIDER in bottles. The public may depend upon a ways finding a constant supply at the cellar as above—and he is thankful for favours received.
R. C. STANLEY.
George Town, August 6. 1801.
LOTS IN THE CITY OF WASHINGTON.
THE SUBSCRIBER offers for sale a number of valuable Lots beautifully situated between the Capitol and the Eastern Branch. Also a few Lots to be let on lease for ninety-nine years in the vicinity of the Navy yard.
WILLIAM PROUT.
City of Washington December 12. 1800. N. B. A few Tons of good Meadow Hay, one Kiln of Bricks, and some Cord wood.
PUBLIC SALE.
By virtue of a decree from the Chancery Court of Maryland, will be exposed to the highest bidder, to Mr. William Rhodes's Tavern, on the eighth day of September next, at 11 o'clock in the forenoon (the same being part of the real estate of Abraham Young, deceased)
A LOT of ground situate in the District of Columbia, adjoining the City of Washington; whereon is erected a two story brick house 32 by 36 feet, unfinished; one small frame house in good repair about 12 by 16, one meat house 12 by 12, and one small log house; subject to the widow's right of dower. A credit of 12 months will be given to the purchaser or purchasers on giving bond with approved security, on interest. On the ratification of the sale by the chancellor, and on payment of the purchase money, a deed will be made to the person or persons purchasing, conveying all the right, title, interest and estate, belonging to the heirs of Abraham Young, deceased.
A Plat of the premises will be shewn on the day of sale.
HENRY WHETCROFT,
Trustee.
Washington City, August 14, 1801.
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