The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1804-09-04 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. LXXI.
FIVE DOLLS. PER ANN.
WEDNESDAY, SEPTEMBER 4th, 1804.
PAID IN ADVANCE.
LOUISIANA REMONSTRANCE.
TO THE CONGRESS OF THE UNITED STATES IN SENATE AND HOUSE OF REPRESENTATIVES CONVENED.
We the Subscribers, Planters, Merchants, and other inhabitants of Louisiana, respectfully approach the Legislature of the United States, with a memorial of our rights, a remonstrance against certain laws which contravene them, and a petition for that redress to which the laws of nature, sanctioned by positive stipulation, have entitled us.
Without any agency in the events which have annexed our country to the U. States, we yet considered them as fortunate, and thought our liberties secured, even before we knew the terms of the cession. Persuaded that a free people would acquire territory only to extend the blessings of freedom—that an enlightened nation would never destroy those principles on which its government was founded—and that their representatives would disdain to become the instruments of oppression, we calculated with certainty, that their first act of sovereignty would be a communication of all the blessings they enjoyed, and were the less anxious to know on what particular terms we were received. It was early understood that we were to be American citizens; this satisfied our wishes, it implied every thing we could desire, and filled us with that happiness which arises from the anticipated enjoyment of a right long withheld. We knew that it was impossible to be citizens of the United States, without enjoying personal freedom, protection of property, and above all, the privileges of a free representative government, and did not therefore imagine that we could be deprived of these rights, even if there should have existed no promise to impart them; yet it was with some satisfaction we found these objects secured to us by the stipulation of a treaty; and the faith of Congress pledged to us for their uninterrupted enjoyment; we expected them from your magnanimity, but were not displeased to see them secured to us as a right, and guaranteed by solemn engagements.
With a firm persuasion that these engagements would be sacredly fulfilled, we passed under your jurisdiction, with a joy bordering on enthusiasm, submitted to the inconveniences of an intermediate dominion without a murmur, and saw the last tie that attached us to our mother country, severed without regret. Even the evils of a military and absolute authority were acquiesced in, because it indicated an eagerness to complete the transfer, and place beyond the reach of accident the union we mutually desired.—A single magistrate vested with civil and military, with executive and judiciary powers, upon whose laws we had no control, and from whose decrees there was no appeal, the sudden suspension of all those forms, to which we had been accustomed, the total want of any permanent system to replace the introduction of a new language into the administration of Justice, the perplexing necessity of using an interpreter for every communication with the officers placed over us, the involuntary error of necessity committed by judges uncertain by what code they are to decide, wavering between the civil and the common law, between the forms of the French, Spanish and American jurisprudence, and with the best intentions unable to expound laws, of which they are ignorant or to acquire them in a language they do not understand—these were not slight inconveniences, nor was this a state of things calculated to give favorable impressions, or realize the hopes we entertained.—But we submitted with resignation, because we thought it the effect of necessity. We submitted with patience though its duration was longer than we had been taught to expect—we submitted with cheerfulness while we supposed your honorable body was employed in reducing this chaos to order, and by your legislative fiat, calling a system of harmony from the depth of this confused discordant mass. But we cannot conceal, we ought not to dissemble, that the first project presented for the government of this country, tended to lessen the enthusiasm which, until that period, had been universal; and to fix our attention on present evils, while it rendered us less sanguine as to the future; still, however, we wished to per-
suade ourselves, that further enquiry would produce better information; that discussion would establish our rights, and time destroy every prejudice that might oppose them. We could not bring ourselves to believe that we had so far mistaken the stipulations in our favour, or that congress could so little regard them, and we waited the result, with an anxiety which distance only prevented our expressing before the passage of the bill. After a suspense which continued to the last moment of the session; after debates which only tended to shew how little our true situation was known; after the rejection of every amendment declaratory of our rights, it at length became a law, and before this petition can be presented, will take effect in our country.
Disavowing any language but that of respectful remonstrance; disdaining any other but that which besits a manly assertion of our rights, we pray leave to examine the law "erecting Louisiana into two territories, and providing for the temporary government thereof," to compare its provisions with our rights, and its whole scope with the letter and spirit of the treaty which binds us to the United States.
The first section erects the country south of the 33d degree, into a territory of the United States, by the name of the Territory of Orleans .
The second gives us a Governor appointed for three years by the President of the United States, the fourth vests in him and in a council also chosen by the President, all legislative power subject to the revision of Congress—Specially guarding against any interference with public property either by taxation or sale. And the fifth establishes a judiciary to consist of a Supreme Court, having exclusive criminal and original jurisdiction without appeal , for all causes above the value of 100 dollars; and such inferior Courts as the Legislature of the Territory may establish; the Judges of the Superior Court are appointed by the President to continue in office four years . This is the summary of our Constitution. This is the accomplishment of a treaty engagement to "incorporate us into the Union, and admit us to all the rights, advantages, and immunities of American Citizens." And this is the promise performed which was made by our first magistrate in your name, that you would "receive us as brothers, and hasten to extend to us a participation in those invaluable rights, which had formed the basis of your unexampled prosperity."
Ignorant as we have been represented of our natural rights , shall we be called on to shew that this Government is inconsistent with every principle of civil liberty.
Uninformed as we are supposed to be of our acquired rights , is it necessary to us to demonstrate that this act does not "incorporate us into the union," that it vests us with none of the " rights ," gives us no " advantages ," and deprives us of all the " immunities " of American citizens.
If this should be required we think neither task will be difficult.
On the first point we need only appeal to your declaration of Independence, to your Constitution, to your different state governments, to the writings of your revolutionary patriots and statesmen, to your own professions and public acts, and finally legislators, to your own hearts, on which the love of civil liberty and its principles are we trust too deeply engraved to be ever totally effaced.
A Governor is to be placed over us, whom we have not chosen, whom we do not even know, who may be ignorant of our language, uninformed of our institutions, and who may have no connections with our country, nor interest in its welfare.
This governor is vested with all executive and almost unlimited legislative power, for the law declares, that "by and with the advice and consent of the legislative body, he may change, modify, and repeal the laws," &c. but this advice and consent will no doubt in all cases be easily procured, from the majority of a council, selected by the President or Governor, and dependent on him for their appointment and continuance in office; or if they should prove refractory, the power of prorogation frees him from any troublesome interference, until a more prudent selection at the end of the year, shall give him a council better suited to his views; the true legislative power then is vested in the Governor alone, the council operates as a cloak to conceal the extent of his authority, to screen him from the odium of all unpopular acts—to avoid
all responsibility, and give us the faint semblance of a representative assembly, with so few of its distinguishing features, that unless the name were inscribed on the picture, it would be difficult to discover the object for which it was intended.
Taxation without representation, an obligation to obey laws, without any voice in their formation, the undue influence of the executive upon legislative proceedings, and a dependent judiciary, formed, we believe, very prominent articles in the list of grievances complained of by the United States at the commencement of their glorious contest for freedom; the opposition to them, even by force, was deemed meritorious and patriotic, and the rights on which that opposition was founded, were termed fundamental, indefeasible, self-evident, and eternal; they formed, as your country then unanimously asserted, the only rational basis on which government could rest; they were plain, it was added, as to be understood by the weakest understanding; not capable of alienation, they might always be reclaimed; unsuscceptible of change, they were the same at all times, in all climates, and under all circumstances; and the fairest inheritance for our posterity, they should never—it was firmly asserted—they should never be abandoned but with life.
These were the sentiments of your predecessors—were they wrong? Were the patriots who composed your councils, mistaken in their political principles? Did the heroes who died in their defence, seal a false creed with their blood? No, they were not wrong! The admiration of the world, the respect paid to the living, the veneration accorded to the memory of the dead, attest the purity of their principles, and prove the truth of those maxims, which rendered their lives a blessing to their country, and their deaths glorious in its defence—are truths then so well founded, so universally acknowledged, inapplicable only to us? Do political axioms on the Atlantic, become problems, when transferred to the shores of the Mississippi? Or are the unfortunate inhabitants of these regions the only people who are excluded from these equal rights, acknowledged in your declaration of Independence, repeated in the different state constitutions, and ratified by that of which we claim to be a member? Where, we ask respectfully, where is the circumstance that is to exclude us from a participation in these rights? Is it because we have not heretofore enjoyed them? This on the contrary would seem a reason to hasten the communication, to indemnify us by a futurity of freedom, for the years we have been deprived of it, and enable us experimentally to compare the blessings of a free government with the evils of another dominion. But the present situation of affairs, forms no pleasing contrast with that which is past; and if we did not count with confidence on a change in the system you have adopted, the prospect before us would not afford matters for consolatory anticipation; for though a period is fixed for the absolute government placed over us; though a year may terminate, the equally objectionable system which succeeds it, yet what is to follow? Liberty? Self-government? Independence and a participation in the advantages of the Union, if those were offered to us as the reward of a certain term of patience and submission, though we could not acquiesce in the justice of the procedure, we should have some consolation in our misfortune; but no manifestation of what awaits us at the expiration of the law, is yet mad.
We may then again become the victims of false information, of hasty remarks, or prejudiced opinion; we may then again be told that we are incapable of managing our own concerns, that the period of emancipation is not yet arrived, and that when in the school of slavery, we have learned how to be free, our rights shall be restored. Upon the topic to which this leads we are reluctant to speak—but misrepresented and insulted, it cannot be deemed improper to shew how groundless are the calumnies which represent us, as in a state of degradation, unfit to receive the boon of freedom. How far any supposed incapacity, to direct the affairs of our own country, would release the United States from their obligations, to confer upon us, the rights of citizenship, or upon what principle they are to become the judges of that capacity, might, we believe, fairly be questioned—for we have surely not become less fit for the task, since the signature of the treaty, than we were before that period—and that no such incapacity was then suppo-
ed to exist, is evident from the terms of that instrument, which declares that we are to be admitted as soon as possible, according to the principles of the constitution. If the United States then may postpone the performance of this engagement until in their opinion it may be proper to perform it, of what validity is the compact, or can that be called one, of which the performance depends only on the will of the contracting party.
But if capacity is to be the criterion and information the preliminary requisite of our admission, let us respectfully enquire what is the nature of this capacity, and information, and where it will most probably be found. By the distribution of powers between the general and state governments, the former have the exclusive superintendence of all external relations, and of those internal arrangements, which regard the several states in their national capacity; the residuary powers, retained by the states, are more limited in their operations, and require in their exercise a species of information to be derived only from local sources.—The purest principles will be misapplied, the best intentions will be ill directed, the most splendid efforts of genius will prove ineffectual without an intimate knowledge of the manners, customs, pursuits, and interests of the people, to whom they are applied, or in whose favor they are exerted. Should this reasoning be just, it would appear to follow, that local information should be preferred in a state legislature, to foreign acquirement, when they cannot be united; and should we give the representatives of the United States all the superiority they claim and undoubtedly merit, yet we cannot be accused of presumption, in supposing that we know somewhat more of our own country, and its local interests, than men who are acquainted with it only from report. It will not, we trust, be answered that the members of the council must be selected from the inhabitants; we have already shown what share this council will probably have in legislation; and the residence of one year is certainly too short to attain information, or secure anything like a permanence of attachment.
If this local knowledge is necessary to legislate wisely, how much more so is it in order to select discreetly, those on whom this task must devolve. The President must necessarily depend on the information of his agents here; without any personal knowledge of the men he must chuse: how can he detect imposition, or counteract prejudice? How defeat intrigue, or secure himself from the reproach of having confided our interests to men, in whom we have no confidence? We might contrast these inconveniences with the evident advantages of a choice made by the people themselves, and the conviction would be irresistible, that the latter possess, exclusively that species of information with respect to character, conduct, circumstances and abilities, which is necessary to a prudent choice of their representatives; but we presume enough has been said to shew that among a people not absolutely sunk in ignorance, the kind of knowledge indispensable to good government, or a selection of rulers, can only be found at home—that the best abilities and the purest intentions will not replace it abroad, and that without it all legislation is tyrannical and oppressive.
Convinced of this truth we find the advocates for our subjection, driven to an argument, at which we have before hinted—To deprive us of our right of election, we have been represented as too ignorant to exercise it with wisdom, and too turbulent to enjoy it with safety. Sunk in ignorance, effeminated by luxury, debased by oppression, we were, it was said, incapable of appreciating a free constitution, if it were given, or feeling the deprivation, if it were denied. The sentiments which were excited by this humiliating picture, may be imagined, but cannot be expressed, consistent with the respect we owe your honorable body. We were willing, however, to ascribe it to the want of correct information, but we could not avoid wondering that it should be so very defective, as to have drawn from the names of some districts in our country, an argument as to the language spoken in them, which proved fatal to an important amendment to the bill. We could not imagine what had excited the idea of our effeminacy and prostration; and the laborious planter at his frugal meal, heard, with a smile of bitterness and contempt, the descriptions published at Washington, of his opulence and luxury.
As to the degree of information dis-
persed through the country, we humbly request that some more correct evidence may be produced than the superficial remarks that have been made by travellers or residents, who neither associate with us nor speak our language; many of us are native citizens of the United States, who have participated in that kind of knowledge which is there spread among the people, the others generally are men who will not suffer, by a comparison with the population of any other colony. Some disadvantages as to the education in the higher branches of literature, have lately attended us, but the original settlement of the province was marked by circumstances peculiarly favorable in this respect, it was made at no distant date, at a period when science had attained a great degree of perfection, and from a country in which it flourished; many individuals possessing a property and rank, which suppose a liberal education were among the first settlers, and perhaps there would be no vanity in asserting that the first establishment of Louisiana, might vie with that of any other in America, for the respectability and information of those who composed it; their descendants now respectfully call for the evidence which proves that they have degenerated so as to become totally incompetent to the task of legislation; for our love of order and submission to the laws we can confidently appeal to the whole history of our settlement, and particularly to what has lately passed. In those dangerous moments when it was uncertain at what point our political vibrations would stop; which national prejudice, personal interest, factious views and ambitious designs, might be supposed to combine for the interruption of our repose when in the frequent changes to which we have been subject, the authority of one nation was weakened, before the other had established its power. In those moments of crisis and danger, no insurrection disturbed, no riot disgraced us, the voice of sedition was silent; and before a magistrate was appointed, good morals served instead of laws, and a love of order instead of civil power; it is then as unjust to tax us with turbulence as it is degrading to reproach us with ignorance and vice.
But let us admit that by some train of reasoning to which we are strangers, by some incomprehensible fatality we are cut off from our national rights, and form an unfortunate exception to those general principles on which your revolution is founded; that there is no clause for us in the great charter of nature, and that we must look for our freedom to another source; yet we are not without a claim—one arising from solemn stipulation, and according to our ideas, full, obligatory and unequivocal.
The 3d article of the treaty, lately concluded at Paris, declares that "the inhabitants of the ceded territory shall be incorporated into the union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be protected in the enjoyment of their liberty, property, and the exercise of the religion they profess."
Your honorable body seems to have adopted a construction of this article, which would suspend its performance, until some period fixed by the principles of the constitution, and to have read the article thus:—The inhabitants shall be incorporated into the Union, and admitted to the enjoyment of all the rights, &c. as soon as the principles of the federal constitution will permit. We, on the contrary contend, that the words "according to the principles of the federal constitution," as they are placed in the sentence, form no limitation, that they were intended as a description of the kind of rights we were to enjoy, or at most relate to the mode in which they were to be conferred, and that the article contemplates no other delay to our reception, than will be required to pass the necessary laws and ascertain the representation to which we are entitled.
The inhabitants of the ceded territory, are to be "incorporated into the union of the United States." These words can in no sense be satisfied by the act in question. A territory, governed as the act directs, may be a province of the United States, but can, by no construction, be said to be incorporated into the union. To be incorporated into the union, must mean to form a part of it; but to every component part of the United States, the consti-

constitution has guaranteed a republican form of government; and thus, as we have already shown, has no one principle of republicanism in its composition. It is therefore, not a compliance with the letter of the treaty, and is totally inconsistent with its spirit, which certainly intends some stipulations in our favor. But if Congress may govern us as they please, what necessity was there for this clause? or how are we benefited by its introduction? If any doubt however could possibly arise on the first member of the sentence, it must vanish by a consideration of the second, which provides for their admission to the rights, privileges and immunities of citizens of the United States. But this government, as we have shown, is totally incompatible with those rights. Without any vote in the election of our legislature; without any check upon our executive; without any one incident of self-government—what valuable "privileges" of citizenship is allowed us?—what "right" do we enjoy? what "immunity" can we boast, except indeed the degrading exemption from the cares of legislation and the burthen of public affairs? Will it be said, that though our right be admitted, yet Congress are to determine the period when it shall be conferred? This, we apprehend, would not only be contrary to the words of the treaty, but would be a solecism in itself. The words "according to the principles of the federal constitution, to the enjoyments of the rights," &c. certainly mean such rights as are secured by the principles of the constitution; or, that we are admitted to their enjoyment in such manner as the same principles direct; and at any rate the words "as soon as possible," can never be construed so as to give a right of deferring it indefinitely. If it may be procrastinated for two years, we see no reason why it may not be deferred for twenty or an hundred, or totally omitted. That our verbal construction is a true one, will be evident from pursuing the other exposition to its consequences. If the treaty means to say that we shall be admitted as soon as the principles of the constitution will permit, we must look into that instrument to discover what restrictions oppose its immediate performance. We should naturally expect if this reasoning be true, to find some period limited before which we could not become members of the Union; some requisites of population or other circumstance, to be previously attained or performed; but on the contrary, the powers of admitting new states is vested in Congress, without any restriction whatever, that can be applicable to the present case; there is therefore nothing that can satisfy these words, if they are construed as a limitation; nothing but the will of Congress is referred to in the constitution. This construction then, would prove that the United States had stipulated, to admit us into the union as soon as they should think proper; but a treaty implies a compact, and what compact can arise from a stipulation to perform or not perform, as the party shall deem expedient? this would be a solecism in argument, & such a confusion of terms must make us doubt the propriety of any construction that leads to them, and we feel ourselves justified in a persuasion, that the treaty intended to incorporate us into the union so soon as the laws necessary for that purpose could be passed. We know not with what view the territory North of the 33d degree, has been severed from us and carried with it the disingenuous name which belonged to us and to which we are attached; the convenience of the inhabitants we humbly apprehend would have been better consulted by preserving the connection of the whole province, until a greater degree of population, made a division necessary. If this division should operate so as to prolong our state of political tutelage; on account of any supposed deficiency of numbers, we cannot but consider it as injurious to our rights, & therefore enumerate it among those points of which we have reason to complain. If there is force in our recitations, on the great question of fundamental rights, if we are entitled to legislate for ourselves as a member of the union, and to establish the terms on which that legislation shall be conducted, by framing a constitution, suited to our own exigencies; then no further observations need be made on other parts of the law—for right of local legislation implies that of making the alterations, we might deem expedient, then our judiciary would become independent; the executive power would be properly circumscribed, and the legislative guarded against encroachment. There is one subject however extremely interesting to us, in which great care has been taken to prevent any interference even by the governor and council, selected by the President himself. The African trade is absolutely prohibited and severe penalties imposed on a traffic free to all the Atlantic states, who chuse to engage in it, and as far as relates to procuring the subjects of it from other states; permitted even in the territory of the Mississippi.
argument that have become familiar to every reasoner on this question, we only ask the right of deciding it for ourselves, and of being placed in this respect on an equal footing with other states.—To the necessity of employing African laborers, which arises from climate, and the species of cultivation, pursued in warm latitudes, is added a reason in this country peculiar to itself.—The banks raised to restrain the waters of the Mississippi, can only be kept in repair by those whole natural constitution and habits of labor enable them to resist the combined effects of a deleterious moisture, and a degree of heat intolerable to whites; this labor is great, it requires many hands and it is all important to the very existence of our country. If therefore this traffic is justifiable any where it is surely in this province, where unless it is permitted cultivation must cease, the improvements of a country be destroyed, and the great river resume its empire over our ruined hills and demolished habitations. Another subject not indeed growing out of this law, but of great moment to us, is the sudden change of language in all the public offices and administration of justice—the great mass of the inhabitants speak nothing but the French, the late government was always careful in their selection of officers, to find men who possessed our language and with whom we could personally communicate—their judicial proceedings were indeed in the Spanish language, but being carried on altogether by written translations were easily made—at present the slightest communication an interpreter must be procured—in more important concerns, our interest suffers from not being fully explained; a phrase, a circumstance seemingly of little moment, and which a person uninterested in the affair will not take the trouble to translate, is frequently decisive, and produces the most important effects, that free communication so necessary to give the Magistrate a knowledge of the people, and to inspire them with confidence in his administration, is by this means totally cut off, and the introduction of viva voce pleading in the courts of justice, subjects the party who can neither understand his council, his judge, or the advocate of his opponent, to an embarrassment the most perplexing, and often, to injuries the most serious. We have thus stated the great sources of discontent, which have arisen from the measures your honorable body has been pleased to pursue: did we suppose them the effect of a settled design to oppress, of a determination to disregard our natural and stipulated rights, we are persuaded we should do as much injustice to your views, as the strongest expression would do to our feelings of indignation and grief—but we will not insult you by a suspicion so injurious to your motives; the want of true information with respect to us, opinions founded on a superficial acquaintance with our country, and prejudiced relations of our habits and manners, on reports the most unfounded, even as to our language, these alone have given rise to the measures of which we complain, and when these impressions shall have been effaced, we have the fullest confidence that their effects will cease, and the language of remonstrance will be changed to that of congratulation and thanks. Deeply impressed, therefore, with a persuasion that our rights need only be stated, to be recognised and allowed; that the highest glory of a free nation is a communication of the blessings of freedom; and that its best reputation is derived from a sacred regard to treaties. We pray you representatives of the people, to consult your own fame and our happiness, by a prompt attention to our prayer—we invoke the PRINCIPLES OF YOUR REVOLUTION, the SACRED SELF-EVIDENT, AND ETERNAL TRUTHS on which your governments are founded we invoke the SOLEMN STIPULATIONS OF TREATY, we invoke your own PROFESSIONS, OF YOUR FATHERS, and we adjure you not to disavow the one or dishonor the other, by persevering in a plan so contradictory to every thing you have said, and they have taught so fatal to our happiness, and the reputation of your country, to a generous and free people. We ought not to urge any motive of interest when those of honor and duty are so apparent; but be assured that the true interest of the United States consists in cultivating a spirit of conciliation with the inhabitants of the territory they have acquired. Annexed to your country by the course of political events, it depends upon you to determine whether we shall pay the cold homage of reluctant subjects, or render the free allegiance of citizens, attached to your fortunes by choice, bound to you, by gratitude for the best of blessings, contributing cheerfully to your advancement to those high destinies, to which HONOR, LIBERTY, & JUSTICE will conduct you, and defending as we solemnly pledge ourselves to do, at the risk of fortune and life, our COMMON CONSTITUTION, COUNTRY AND LAWS. WE, THEREFORE, respectfully pray, that so much of the law above mentioned, as provides for the temporary government of
this country, as avivides it into two territories, prohibits the importation of slaves, be repealed. And that prompt and efficacious measures may be taken to incorporate the inhabitants of Louisiana, into the Union of the United States, and admit them to all the rights, privileges and immunities of citizens thereof. And your Petitioners, &c. For THE NATIONAL INTELLIGENCER. To the Legislatures of the respective States. LETTER FOURTH. Security of Property—Concluded. The great root of the existing evil is the complicated and obscure code of laws which regulate the rights of property. This has arisen, not from any necessary difficulty attending the subject; but from our adoption of a system of jurisprudence which owes its origin to the imperfect conceptions of the dark ages, and to circumstances then existing which have since entirely ceased. The science of the law, as it is termed, is an accumulation of precedents, derived from English courts, founded on the state of society existing in England, and made without the guide of well digested laws. The language, in which it is laid down, is neither grammatical, classical, or intelligible—it presents a heterogeneous mixture of three or four languages, put together without learning and applied without judgment. Hence laws passed either by the legislative body, or precedents established by courts, are totally unintelligible to a man of good English education. To understand them he must be deeply read in the jargon of the bar. This knowledge only falls to the lot of lawyers and attorneys—They may be not incorrectly called the Pythia of the law—They are so many oracles, whose interpretations are always just, because no one, from the obscurity in which they are clad, can detect their fallacy. Is not this a vast evil? It necessarily reduces all men to a state of vassalage to lawyers. If I desire to buy or sell property, to recover a debt or to resist an unjust demand, I cannot take a step without consulting a lawyer. This does not arise from necessity. No one will say that the tenure by which property is held is necessarily so diversified or embarrassed as not to admit of a system of laws, which might, in a narrow compass, and in language intelligible to the meanest capacity, prescribe competent rules. But it will be enquired, if this reform be so simple, why has it not been made? The answer is obvious. Our public councils has been swayed by professional men, as, until a few years back, the consciences of Princes and subjects were under subjection to Priests. As in the last case it required the bold spirit of a Luther to break the fetters in which superstition enslaved her devotees; so, in the first, it will demand the efforts of some great and virtuous man, too firm in his purpose to be awed by a host of opponents, to produce a reform for which the common sense of the American people is already ripe. Having established a concise and plain system of laws, by far the greater part of the causes of litigation will be removed. Honest minds will no longer be bewildered. Contracts will be made incapable of misconstruction or perversion. The interference of a body of men, interested in the extension of disputes, will be superceded. By these means more than one half of the evil will be eradicated. Having advanced thus far in reforming the administration of justice, legislatures will provide effectual means for carrying justice completely into effect. We have seen that under the present system this is only done in name; the reality is never obtained. They will provide that every man, who claims from another property unjustly withheld, may resort without any expense in the first instance to the courts of justice—Thus will justice be placed within the reach of the poor as well as the rich. Provision will be made for a prompt decision; which, when made, will cause justice to be done in so decisive a manner as fully to compensate the injured party, and of course to punish, with sufficient severity, the man who has invaded another's rights. For instance eliminating the time during which a creditor has been withheld from the enjoyment of that which appears to have been justly due to him, instead of awarding the legal interest of six per cent, it will award fifteen or twenty per cent, being a sum somewhat over that which might have been made by the creditor by the use of the property recovered, in common business. This provision can alone effectually insure a full restitution of property, and will alone be a sufficient punishment for injustice. By these means, the great remaining causes of delay and litigation will be cut up. None but a madman will rush from one evil into a greater. Contracts made will be complied with, not from moral principle, so indistinctly felt by too large a portion of men, but from
the powerful and unceasing inducements of interest. One other provision will be necessary. In cases of unjust suits, it will be necessary to allow high damages to the defendant. Thus will many a vindictive spirit be curbed in the indulgence of a criminal resentment. As connected with a prompt recovery of debts, a point of considerable importance has, for some years past, occupied the attention of the legislature of a neighbouring state (Penn). A strong impression having been made that the jury trial in civil cases is productive of great delay expense and injustice, a law has been proposed, and has recently passed for submitting causes to the arbitration of three persons. Hence has arisen a contest, conducted with too much acrimony, on the constitutionality as well as expediency of the substitution of arbitrations in the place of jury trials. The question of constitutionality lies within a small compass. Some of the state constitutions, and particularly that of Pennsylvania provides that "the trial by jury shall be as heretofore." It is contended, that it is the intention of this provision, to render absolutely necessary a jury trial in all cases of a civil as well as a criminal nature, in which the laws existing at the time of the formation of the Constitution required it, unless dispensed with by both the parties. To this it may be replied that the provision was meant to be applied exclusively to criminal cases. This idea is strongly supported by the numerous expositions of this provision by several state legislatures, which have, notwithstanding the alleged prohibition, extended the powers of justices of the peace to the cognizance of controversies in which a much larger sum was involved than that submitted to their jurisdiction at the formation of the respective constitutions. Independently of the weight of precedent, there are cogent reasons for considering the provision as confined to criminal cases. Either the provision is to be construed strictly according to its literal import, or it is not. If it be construed according to its literal import, it will necessarily follow from the terms of "the jury trial being as heretofore," that every change of any existing law in relation to a jury trial is absolutely inhibited. The expression is not that every man entitled to a jury trial at the time the Constitution was formed shall remain entitled to it for the future; but it is that "the jury trial shall remain as heretofore;" that is, all the circumstances necessary to constitute a jury trial shall remain unaltered. Now, if a literal meaning of these words be rigidly adhered to, we are bound to consider every existing practice as forming an essential feature of the jury trial. If so, it would be an usurpation of power in the legislature to make any new provision for the selection of jurors, for summoning or compensating them; for imposing penalties for non-attendance, for punishing them for misconduct, and for various other acts. No one has been bold enough to say that the legislature is divested of these powers. If then it be agreed that the legislature do possess them, it follows that the expression is not to be rigidly taken in its literal sense. If not taken in a literal sense, we must give it that meaning which is calculated to secure the great object for which juries were instituted. Their great object was to protect the weak from the oppressions of the powerful; they were a shield which the people raised against the violence of power. This reason, so far as relates to criminal cases, still remains. But so far as it respects civil causes it has altogether ceased. For such is the state of society that the powerful do not possess the means of violating the rights of property of those in inferior circumstances to themselves. From these considerations it must be obvious that the constitutional objection has no validity. Is there more weight in that derived from considerations of expediency? The jury trial is undoubtedly an invaluable provision in criminal cases; but does it follow that it is equally so in civil ones? Every sound mind assents to the justice of erecting the strongest barriers around the character of the innocent, and shielding it from crimination but on the unanimous verdict of twelve impartial men; but can a sound mind perceive the same justice in applying the same provisions to the ordinary cases of property? It is right that I should neither lose my life or character without proof of the commission of a crime which is satisfactory to every mind; but is it right that I should not recover a debt without the same universal satisfaction? In the latter case the man who sues should stand on the same footing with the man that is sued. The legal rights of each should be the same. The jury trial, requiring the agreement of twelve men, is destructive of this equality. For although the creditor have the suffrage of eleven of the jury in his favor, that of one juror given in favor of the debtor is permitted to outweigh those of the eleven. Laws are established to guard against fraud. Is there no danger of fraud when it is in the power of the defendant, by corrupting one juror, to frustrate the operation of justice? And supposing a moderate de-
gree of corruption to exist among us, what is more likely than that one man vulnerable to seduction, can be selected from twelve? This argument of infallibility would seem to be decisive against a jury trial in civil cases. There are, however, other arguments, scarcely less powerful. In cases of any difficulty, it is no easy task to command the full attention of twelve men in the midst of a crowd of spectators; and one man will intemperately rely upon the vigilance of another. In consultation the body will be too numerous for a cool and dispassionate discussion. Their capacities will be generally very unequal, and they will be guided too often by a tenacious adherence to ill digested thoughts, or by a spirit of concession. In cases, in which their feelings are but little interested, they will feel a constant impulse to sacrifice their own opinions in order to get rid of an irksome duty. Facts abundantly shew the extreme difficulty of obtaining the concurrence of twelve men, or that under the restraints imposed upon them, they too frequently compromise, or submit to lot, their varying opinions. Hence the truth is that this boasted rampart has already lost much of its original character, and is experienced in many instances to be an evil rather than a benefit. That it is promotive of delay is most obvious from a single consideration. In proportion to the difficulty of obtaining the concurrence of twelve men will be the difficulty of drawing an action to a close; and the history of courts proves that jury after jury is frequently dismissed from their inability to agree. In proportion to the delay will be the expense, in addition to other sources of expense. It is self evident that the time consumed in a jury trial by twelve jurors, three or four judges and attending officers of the court, will occasion a much greater expense than the expense attending a body of three arbitrators. So obvious are these considerations, that it is superfluous further to illustrate them. The good sense of every intelligent mind, unperverted by deep-rooted prejudice or interest, must perceive that the unwieldy machinery of a jury trial is necessarily promotive of a great waste of time and money, compared with the simple principles of arbitration. The result of these remarks is that property is not at present adequately secured. That, to give it this security, and to eradicate the greater portion of frauds existing among men, it is necessary to establish a plain and concise code, in which the unmeaning or obscure jargon of the law shall be removed. And that the principle of arbitration should, in civil cases, be substituted in the room of the jury trial. Our political code has undergone a decisive reform. Our statesmen have, with a fearless hand, established our governments upon new principles; and every step they have taken, has advanced the public good. Under the sacred name of liberty they reluctantly determined to throw aside a temporary. Perceiving the indissoluble connection between government, and the protection of individual rights, they concluded those systems unworthy of adoption or imitation under which these rights were the sport of tyrants. Events have shown that they thought correctly, and by their reforms liberty has been placed on an adamant, whose strength time only serves to increase. On one subject alone they seem to have been irresolute. They hesitated to establish a new system in relation to the rights of property—So vast is this object, and so intimately interwoven with the happiness of every member of society, that we find but imperfectly reap the fruits of our revolution, until the principles upon which it was conducted shall be applied to it. On them will depend the secure enjoyment by every man of the fruits of his labor, and the prevalence of morals. For so radically vicious is the present system, that it is no less fertile in the production of fraud, than feeble in accomplishing the object for which it was devised. So sensibly too are the rights of property felt by every man, that we shall in vain expect a complete satisfaction with our political institutions, however preservative of freedom, unless these rights are adequately secured; and though there may be no real connection between the one and the other, events will shew that a general spirit of discontent with respect to the laws that regulate property will soon extend itself to the systems of government under which they are allowed. The mind of the citizen will not discriminate between them. Afflicting the evils he feels to the government, discontent will run into hatred, and he will readily lend his arm to subvert it. There are some evils of a local and temporary nature that admit of partial cure; but there are others which deny all palliatives, and which time or quickening only serve to aggravate. Such is the evil of which we now so justly complain. Civilised man owes to much of his happiness to the acquisitions of his labour, while secure enjoyment he views as the bourse of his darning years, that, however he may prize freedom, he will

he able to view it as a doubtful blessing unless it protects his property and labour. Let then the enlightened friends of liberty devote to this subject the attention it so richly merits. We know the object is an arduous one. But does the ambition of the patriot ever, when the public good requires it, shrink from effort or danger? Are they not, on the contrary, the very elements of the noble sentiment which fills his heart?
WASHINGTON CITY,
WEDNESDAY, SEPTEMBER 5.
A writer under the signature of Gratian, in the Political Register, a federal paper edited by William Jack-son, has undertaken to show that a civil officer of the United States is impeachable for crimes committed in his private capacity!
DIED.—At Paris, Mr. Nauche, President of the Galvanic Society:—He fell a victim to his thirst for the sciences, being burnt to death by a bottle of phosphorus which he used for his experiments.
From AMSTERDAM.—It is stated in Dutch papers received at Portsmouth the 20th June, under the Paris head of the 25th June, that Georges and eleven others were guillotined in the fore-part of that day—that those eight which were condemned to death, and to whom the emperor has extended his mercy have been condemned to be confined in the state's prison for four years, and after that to be transported. That Jules Palignac, has also been sentenced to two years imprisonment. It further adds, "General MOREAU is on his passage to the United States of America."
Salem Register.
Extract of a letter from a British merchant, in Leghorn, to his correspondent at Boston, dated the 2d of June 1804.
"I have no doubt you will have heard of the imprisonment of all the English in this place. There is no doubt about the fact, but the truth of the matter is, it was never intended by the commander in chief, and originated in a mistake occasioned by two Corsicans pensioned by England, who in violation of their parole, had made their escape. Suspecting this to be the case, we drew up a memorial to the Queen, who immediately dispatched a courier to the commander in chief, Jourlan, upon the subject.—Finding the prisoners were merchants and not military men as he had supposed, he in answer gave orders for our release, which we accordingly obtained the day before yesterday."
OFFICIAL.
Extract of an Arrete, dated General headquarters, at St. Domingo, the 10th Ventose, 12th year.
Gen. Ferrand, commander in chief at Hispaniola, acting as captain gen. decrees as follows:
1st. The port of St. Domingo is the only one open in the island of Hispaniola to domestic and foreign commerce. In consequence all vessels riding at anchor in the bays, harbors, landings or in any other place near the coast occupied by the rebels—those cleared out for the ports in their possession, or coming from said ports, with or without a cargo; and generally all vessels sailing within the territorial jurisdiction of the island except from cape Raphael to Ocon bay, or found at a nearer distance from the shore than two leagues, shall be detained by the ships of the state or by the privateers having our letter of marque who will, as much as possible, bring them into the port of St. Domingo so that a regular condemnation may be had.
2. In case that fear of enemy's cruisers, contrary winds or damage from the sea do not prevent the captors to bring their prizes into the port of St. Domingo, without running an eminent danger of losing them, they may carry them into a port of a neighbouring and friendly island, where agents of the government of Hispaniola reside.
3. In the cases foreseen by the preceding article, it shall be the duty of the prize master, as soon as he is arrived to make his declaration to the agent, who will inscribe the same on a register book kept by him for that purpose.
4. As soon as the above mentioned declaration is made, the agent shall request the ordinary judge of the place to go on board of the prize in order to put his seal upon all the openings of the vessel in presence of the prize master and the captured captain. The said agent shall take all necessary precautions, for the preservation of the prize until she is lawfully condemned or released.
SALEM, August 27. Particulars of the capture and destruction of Makey, a Malay settlement on the coast of Sumatra.
On the 13th of April, two large English ships and three brigs came to anchor in Makey roads, close in shore. They were well armed, and had on board from 3 to 400 Seanoys troops, commanded by European officers. The expedition was fitted out in Bencoolen. The commanding officer immediately made the following demands.
1. That the natives should pay 100,000 dollars for the destruction of a similar armament by the French in Pulo Bay, near Bencoolen, about six months previous, which armament was designed against Makey. 2. That a second 100,000 dollars should be paid for the loss of a country ship near Makey, which the British alleged had been plundered by the Malays. 3. They demanded another 100,000 for the expense of the second fleet, then before the port.
These demands were addressed to the chief, Dattoo Sabellion, and 4 o'clock P. M. fixed for a definitive reply. The settlement was totally unprepared for defence.—No cannon was mounted, and there were no troops to defend it. No answer being returned at the appointed time, the English commenced the attack, by firing on the town from all their vessels. Many natives were killed before a single shot was returned. In the night they hove up banks of sand, and planted a few cannon, and in the morning of the 14th returned the fire. A warm engagement continued for about 6 hours. The English lost about twenty men. The Captain of one of the brigs was wounded. The first shot from shore killed three men on board of one of the ships. Finding little could be done by continuing in their vessels, the English landed the soldiers, and attacked the intrenchments. Here there was a brave resistance, but finally the natives abandoned the ground, flying in all directions into the country. Dattoo Sabellion, the Malay rajah, who bravely defended the place, was supposed to be mortally wounded. The English now intrenched themselves in turn, built a fort and took possession of the country, and fearing the natives might poison all the streams and wells in that neighborhood, landed 200 casks of water from the ships. They destroyed the town of Makey, burning all the houses to the ground, and plundering the natives of all the pepper which had been collected for the season. The quantity is stated to be equal to five ship loads. The American vessels in port took no part on either side. A few shot from the English vessels passed over them but did no damage. Not having completed their loading, application was made after the surrender of the place to the British resident for permission to purchase pepper, but the answer was that it was against his instructions, and no pepper could be sold to foreigners.
It will be here necessary to make only a single observation to prove that this unprovoked attack, has fallen on the Malays, chiefly in consequence of the Americans visiting their country and purchasing pepper. Last year it was publicly reported on the coast, that so long as the Americans were suffered to trade among the natives, the English ships could get little or no pepper, and declarations were made that it would be necessary to take possession of the native ports, with a view of excluding all foreigners from any participation in the trade.
It is therefore pretty evident that pepper must in future be either purchased through English hands at double price, or not be had at all at Sumatra, while the English can keep possession. A spirit of universal commerce has seized this people. They wish to engross the whole trade of the East and West-Indies, and to fix bounds to even that of Europe and America. As a commercial people ourselves, wishing to come in for a small share at least, of what may be called common property, we cannot and ought not to wish them success in any scheme, which seems to aim at seizing the whole commerce of both hemispheres.
One of the English brigs, on her return to Bencoolen, was fallen in with by a French privateer and sent to the Isle of France.
New-York, Aug. 29. The ship Ann, Coit, from Hull, arrived yesterday, was boarded at the Hook by the Leander, who pressed Mr. Charles Ezard and Mr. Francis Harrison, two of her cabin passengers.
The following is from the Morning Chronicle of yesterday.
"The Leander pressed one man out of the ship Merchant, from the Isle of France; also Peter Wing, a native of New Bedford, who had a protection from the American consul at Bordeaux. The boarding officer damn'd the consul, and laid his protection was of no use."
Philadelphia, August 29. The following is a translated copy of a letter addressed by Gen. Dessalines to an American supercargo, who had taken
the liberty of remonstrating against certain oppressive proceedings of the agents of the Administration of Hayti:
Head Quarters, July 13—1st year of the Independence of Hayti.
The administrator Bayard, has just caused to be put into my hands the menacing letter you wrote him, Sir.
The people of your country, who with to come to this island for the purpose of opening a store, or merely to sell their cargoes shall always find safety and protection.
I will however, by no means, suffer, Sir, that a stranger shall enter a port contrary to the measures I have taken for the interest of my country, nor that he shall be permitted to insult the representatives of government in that part of their service.
There are established in every city, merchants of this country, as well as those of your own nation, who have the right of treating with you for your cargoes, and of selling afterwards to the store keepers of the place. I forbid a foreigner on entering our ports having this privilege, or that of purchasing produce from the hands of individuals, to the detriment of the administration, or the merchants already established: and I am careful that this order is executed.
The honourable and loyal manner in which we have treated your nation, has already obtained me a name; and I shall always be able to find honest men (and that in great numbers) who will bring to this country whatever we stand in need of.
I have the honor to salute you. (Signed) DESSALINES.
LONDON, July 7.
A gentleman lately from Spain informs, that throughout the interior of that country the greatest scarcity of provisions prevailed. So extreme was it at Madrid, in the month of June, that a royal order was issued, ordering all the inhabitants who had not resided there for ten years to leave the city immediately. This distressing circumstance was occasioned by the failure of the late crops.
A private letter from Paris, dated June 21, says, "The American minister, Livingston, has returned with good bills for 15 millions of livres; but he was notwithstanding, not received by Talleyrand in the manner he expected, after his financial and political expedition to England; because more money, and a better issue, were hoped for here. On Livingston's first conference, after his arrival here he remained closeted with Talleyrand for six hours, and a courier was sent to the Emperor immediately afterwards, who ordered Talleyrand to wait upon his Majesty. The rumour of peace, caused by Livingston's journey, was received with a satisfaction everywhere not agreeable to the conquerors of England in petto; even the proud warriors on our coast began to think from the intrigues of their sovereign for peace, that his means to destroy modern Carthage did not correspond with his desire."
This has caused the paragraph in the Moniteur, declaring what is very well known here, and which, a month ago, government did not conceal, that Mr. Livingston was sent pour sonder le terrain, "to sound the Cabinet," as Talleyrand himself said. But what confirms the particulars of the mission of Mr. Livingston is, that another neutral minister was asked to undertake it, but refused, until he could obtain permission from the Court; regarding, as most politicians here do, these missions merely as intrigues, to gull England into a fatal security when the blow is intended to be struck."
Government, it is said, have received positive intelligence of the enemy's design to attempt a landing, as nearly as possible at the same time, in Jersey and Guernsey. Dispatches were sent off on Thursday to both these islands. All the troops along the opposite line of the French coast from Oatance in Vaucluse, have been in constant movement during the whole of last week, and reinforcements had arrived from the interior.
On the subject of the time of the invasion reports continue to be vague and contradictory; at any rate it is not safe for us to relax, even for a moment, our exertions; for of such an imprudent and inexcusable relaxation the French would not fail to avail themselves. Our troops must be every where on the alert, our volunteers must stand to their arms, yet a little longer; but the effort of this summer will probably be the last they will make for many years.
Admiral Lord Duncan, it is understood, is speedily to succeed Admiral Cornwallis in the command of the Channel Fleets.
London, July 6. We are sorry to state, that accounts have been received from Ireland of a very serious affray, originating in a religious difference having lately taken place at Belturbet, in the county of Caven, between some volunteers of that place, and a party of militia. The com-
batants were armed on both sides, and many were desperately wounded with the bayonet, of whom several are stated to have died since of their wounds.
July 7. It is reported in the foreign papers, that Russia is arming against France, and meditates an attack against her on the side of Italy, by means of an armament from the Black sea, and the co-operation of the English fleet in the Mediterranean.
It is also said that Russia has already a considerable number of troops in the islands of the Adriatic; and has issued a proclamation calculated to cultivate the esteem of the people in those parts where her troops may find so convenient a resting place previous to their landing in Italy.
Gen. Moreau has new furnished, according to his taste, his apartment in the Temple.—His meals are daily bro't to him from his own house, and served upon plate.
GERMANIC EMPIRE.
Hamburg papers furnish the following letter under date Ratisbon, May 14.
The Russian note communicated to the Diet on the 7th inst. was this day taken into consideration. The Delegate for Bohemia and the Archduchy of Austria declared verbally, that his Imperial majesty had conceived he might expect that the French government would itself have noticed the reason which induced, and as it is supposed, might justify the seizure of persons in the German territory in March last.—His majesty therefore, thought that there could be no objection to an application to the French, on the part of the Emperor and Empire, for a sufficient and satisfactory explanation.—The further consideration of the subject was then deferred for six weeks from the 7th inst. and the opening of the Protocol fixed for the 18th of June.
To day the following note was given in by Knut Bildt, the Swedish envoy extraordinary:
"His majesty the king of Sweden having been informed of the contents of the note given in to the Diet of the 7th inst. by order of his majesty the emperor of all the Russias, conceives it to be incumbent on him to declare, that when there is a question of guarantee of the Germanic constitution, he, as king of Sweden, may consider himself as one of the most ancient of its guarantors, since he is guarantee of the peace of Westphalia. His majesty, however, does not conceive it necessary to declare his sentiments on the present question, as guarantee of the constitution, since he is convinced that the head of the empire can explain them to the Diet.—The sentiments of the king upon the affairs of Germany are besides, too well known, and have too often been declared to be repeated on this occasion."
The following note was sent to the Diet by the Envoy from Brandenburg:
"The Envoy said he had not failed to send the Russian Imperial note to the king of Prussia, the Elector of Baden and his other constituents, but had not yet received, nor could he have received any orders on the subject: he conceived however, that he might declare, that his majesty, his most gracious master, had confidence that the first careful would of himself give in such a declaration relative to the late occurrences, so alarming to the Empire, as should according to the observation of the deputy for Bohemia and the Archduchy of Austria, prove conciliatory and satisfactory, and answer the expectations of his Russian imperial majesty."
Subsequent letters from Ratisbon, state "that the directorial minister, in the sitting of the Diet of the 18th June, has given the Assembly to understand, that the matter respecting the alleged violation of the German Territory, in the arrest of several persons on the right side of the Rhine by the French can by no means form an object of deliberation for the Diet."
STRAY FILLY.
TAKEN up as stray by the Subscriber, a SORREL FILLY, supposed to be two years old has four white feet, with a blaze on her forehead, white tail and mane, about 13 hands high, no brand or perceptible mark. The owner is desired to come, prove property, pay charges and take her away.
JOHN HAMMAN. City of Washington, September 5—raw 3c
NOTICE.
Was committed to my custody on the 14th day of this month, a runaway Negro man who calls himself by the name of WILLIAM, and says that he is the property of John Chisley of the state of Virginia. William is about 5 feet 7 or 8 inches high, of yellowish complexion, his clothing are a yarn jacket and Osnabrig trowsers; his master is requested to come and pay his fees and take him away, or he will be sold agreeably to Law.
SUTTON J. WEEMS, Shff. of Calvert County. September 5, 1804.—2t
JUST PUBLISHED, HERTY'S DIGEST Of the Laws of Maryland, VOL. II. PRICE 2 DOLLARS 25 CENTS, In blue paper.
District of Columbia, to wit:
BE it remembered, that on this twenty-fifth day of August, in the year of our Lord one thousand eight hundred and four, Thomas Hertty, Esq., of the said District, Conveyancer and Notary Public, hath deposited in this office, the title of a book, the right whereof he claims as author in the words following to wit: "A Digest of the Laws of Maryland, being a complete system alphabetically arranged of all the public acts of assembly, now in force and of general use, from the first settlement of the state, to the end of November session 1803, inclusive—to which is added, the acts of Congress for the district of Columbia, from the assumption of jurisdiction to the end of the session, which terminated in April 1804, inclusive—Also a variety of precedents, (adapted to the several acts) for the use of justices of the peace; and also a table explanatory of sundry technical Law terms, Volume and in conformity to the act of the Congress of the United States, intitled, "An act for the encouragement of Learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned."
G. DENEALE, Clerk of the district of Columbia. The above may be had at the publisher's office for the present. September 5—
Runaway Negro.
WAS committed to the goal of Frederick county, on the 25th July last, negro
JOE, about 28 years old, five feet 8 inches high, a yellowish complexion, has scars on each of his hands, with burns, particularly on the left hand: His clothes are tow linen shirts and trowsers, a blue great coat, &c. He says he belongs to col. WILLIAM WINN, of Harford county, North Carolina, and that he has been absent from his master about two years. His OWNER does not release him he will be sold for his GOAL FEE agreeably to law.
GEORGE CREAGER, Sheriff of Frederick county. Aug. 22—law8.
LOTTERY No. III.
For the encouragement of Literature. SCHEME.
Table with 3 columns: Prize, Number, Amount. Includes 1st Prize of 25,000 dolls. 25,000, 1 Prize of 5,000 5,000, 1 Prize of 2,000 2,000, etc.
9,913 prizes Dolls. 198,000 23,087 blanks. 33,000 tickets at 6 dollars is 198,000 Less than 2 1-2 blanks to a prize. Subject to a deduction of 15 per cent.
The drawing of the above lottery will certainly commence in the city of New York, on the first Tuesday in December next, and will be continued at the rate of 600 tickets each day until completed. The managers having disposed of twenty thousand tickets to a company of contractors in the city of New York, the remainder will be sold for cash only, by the respective managers, until the first Tuesday in October next. This is the third of five lotteries, directed by an act of the Legislature, passed the 3d of April, 1801, entitled an "act for the encouragement of Literature"—and "an act making further provision for improving the navigation between the villages of Troy and Waterford, and for other purposes."
DAVID GELSTON, THOMAS STORM, DANIEL HALE, PHILIP TEN BYCK, S. SOUTHWICK, June 6—
Doctor MAGRUDER,
HAS for sale a few hogheads 4th proof Jamaica spirits, listed and lamp oil, spirits of turpentine, window glass, glaziers, diamonds, glue, lamp-black, white lead, Spanish brown, yellow ochre, chalk, Spanish whiting, Venetian red, red lead, verdigris, drop lake, flake white, patent yellow, rose and Dutch pink, kings yellow, Turkey umber, gold and silver leaf, painters and sweeping brushes, camels hair pencils, water colours in boxes, Spanish indigo, fig blue, arnott, red wood, alkant, madder, logwood, turmeric, salt petre, alum, copperas, sweet oil, pearl barley, timothy and clover seed, tamarinds, castor oil, marble mortars, spring trifles, ginger, cinnamon, cloves, mace, China worm destroying lezenges, an assortment of paper hangings, playing cards, copy slips, ink powder, English Latin, Greek and French school books, large family bibles, and his usual complete assortment of drugs and medicine, patent medicine, surgeons instruments, &c. George Town, July 20—tf

Travellers Hall.
THE subscriber has lately been induced from the rapid increase of his custom to purchase a lot of ground adjoining that on which he lives for the purpose of building a dining room and assembly room, each 54 feet by 32 feet 10 inches with six additional lodging rooms, and intends to finish them before the ensuing winter; which together with his tavern and house will occupy a front of near one hundred feet in the most agreeable part of the town and in the center of business being on the highest part of the public square.
He has considerably increased the furniture &c. of his house and stables. His domestics and servants are of the most faithful dispositions and properly qualified for the department to which they are assigned. He has a constant supply of the best stable forage; imported and country provisions, imported liquors, &c. of the first quality, foreign newspapers, &c. And his ice will most probably last through the hot weather.
The distinguished preference which the first characters have already given him, fills him with gratitude. He offers his sincere thanks to all his good friends and begs leave to assure them that either his time or his purse shall be spared in attempting to render the Travellers Hall a house of entertainment, for GENTLE GUESTS ONLY, equal to any in America.
P BRADLEY.
Lexington, Kentucky, June 12, 1804. A Stage runs from the Travellers Hall to the Olympian Springs in the summer and to Frankfort during the sessions of Assembly.
June 29—3m
Notice to Creditors.
This is to give notice, that the subscriber of Washington city has obtained from the Orphan's court of Washington county, in the district of Columbia, letters of administration on the personal estate of JOHN B. WINNETT late of said city and county deceased; All persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber at or before the 28th day of February next, they may otherwise by law be excluded from all benefit of the said estate. Given under my hand this twenty third day of August, 1804.
MARGARET WINNETT, Administratrix.
Aug. 20—3t.
(BY AUTHORITY.)
Scheme of a Lottery.
To build an ACADEMY in the city of Richmond.
   Richmond. Dollars.     1 Prize—last drawn ticket, having a blank to its number, 20,000   1 do. 10,000   1 do. 5,000   5 do. of 1,000 5,000   6 do. — 500 3,000   10 do. — 200 2,000   20 do. — 100 2,000   100 do. — 50 5,000   250 do. — 25 7,500   420 do. — 15 10,500   1,500 do. — 10 30,000   3,000 do. — 5 45,000  
   1 first drawn ticket after 1,000 having a blank to its number, 250   1 do. after 2,000 do. 250   1 do. do. 3,000 do. 250   1 do. do. 4,000 do. 250   1 do. do. 5,000 do. 500   1 do. do. 6,000 do. 500   1 do. do. 8,000 do. 500   1 do. do. 10,000 do. 500   1 do. do. 12,000 do. 500   1 do. do. 13,000 do. 500   1 do. do. 14,000 do. 1,000  
5,325 prizes, 150,000 9,675 blanks, not two to a prize, 150,000 15,000 tickets at 10 dollars each, 150,000 N. B. Prizes subject to a deduction of 15 per cent.
This lottery has been authorised by the legislature of Virginia, for the laudable purposes of erecting a seminary of learning in or near the metropolis of this state. With this view, it is contemplated to raise 20,000 dollars, and 2,500 dollars, in addition, for defraying the expenses attendant on drawing the lottery. Citizens of the first respectability have been selected as trustees, and they have pledged themselves to use their utmost exertions to carry it into effect. The scheme has the advantage of giving to each adventurer a chance for some very large prizes, whilst the proportion of prize to blanks, is so great as to invite the friends of the intended institution to partake in the lottery, with very little risk of their becoming losers. The treasurer of the state is to be appointed to receive the money for the tickets as they are sold, and to pay the amount of the prizes to the fortunate adventurers. It is believed that the above considerations will induce rapid sale of tickets, and the drawing will commence as soon as a sufficient number shall be sold to authorise it—which it is believed will be on the second Monday in December next.
Richmond, March 2—1f
Tickets to be had of Robert Pollard Esq. John Brockenbrough, jun. Wm. Price (Reg.) Samuel Pleasants, jun. and William Prichard
FOR SALE.
The following City Lots,
ON A LIBERAL TIME, Upon Security, viz.
LOTS—No. 4, 5, 6, 7, 8, and 9, in square 3. No. 919. — Lots 1, 2, 7, 8, 9, 10, 15, & 16, in sq. No. 928. Lots 3, 4, 5, 6, 7, 13, 14, 15, & 16, in sq. No. 936. Lots 11, 12, 13, 14, 15, 16, 17, 18 & 19, in square No. 1042. Lots 5, 6, 7, 8, 9, 10, 11, 12 & 13, in square No. 1066.
Apply to CHARLES MINIFIE, Washington City, or to RICHARD C. JONES, at Philadelphia.
Washington, August 3—1f.
N.B. C. M. has sundry other lots for sale or ground rent (on easy terms to improvers,) and in eligible situations.
THIS is to give notice, that the subscriber of Prince George's county, hath obtained from the Orphan's court of Calvert county in Maryland, letters testamentary on the personal estate of Sarah Weems Alcin late of Calvert county deceased—All persons having claims against the said deceased, are hereby warned to exhibit the same, with the vouchers thereof on or before the 30th day of February 1805, they may otherwise by law be excluded from all benefit of the said estate.
Given under my hand this 29th day of August, 1804. JAS. G. WOOD, Ex'r.
HAT MANUFACTURY.
The subscriber informs his customers and the public generally that he has discontinued business in the city of Washington, and has opened shop on Bridge street near the Union Tavern—he solicits the continuance of former customers, and hopes that all others who may chuse to call and purchase his manufacture will be amply suited, if neatness and goodnes be requisites.
JOEL BROWN. George Town, Feb. 17—1f
Nottingham, August, 19, 1804. AS trustee appointed by the hon. the Chancellor, Alex'r Contee Hanlon, Esq. for the benefit of the creditors of Rinaldo Johnson, an insolvent debtor, I will sell at public auction on Wednesday the 19th day of September next at Aquasco mills in Prince George's county, a variety of merchandise, consisting of chintzes, calicoes, muslins, cambrics, stuffs, silks, laces, ribbons, cutlery, haberdashery, leather, men and women's hats and bonnets, spices, juniper berries, hosiery, tin ware, blacksmith's tools, tanner's tools, &c together with a London built chariot and harness and a Windsor fulkey and harness. The terms of sale are ready money for all purchases not exceeding fifty dollars, four months credit on giving bond with approved security and interest from the day of sale, for all purchases above fifty and not exceeding two hundred and fifty dollars and where the amount of purchase shall exceed two hundred and fifty dollars, bonds with approved security as aforesaid must be given to the trustee payable within one year with legal interest from the time of sale.
ALEX'R. CONTEE. August 31—3t
ANCHOR TAVERN, AND OYSTER HOUSE.
G. PITT, impressed with every sense of duty, he owes to his friends and self; craves their attention to the following remarks.
1st. The duty to his friends is by keeping every necessary accommodation suitable for a tavern, such as good beds, wholesome diet; the choicest of liquors; and the best of attendance.
2d. The duty to himself is to take care of No. 1, to see that no body pays twice, as once is sufficient, to collect every dollar he can that is owing to him, and trust no more; for trufling is the ruin of many an honest man; and will be, if he goes on, the ruin of him.
As therefore the Oyster Season is nearly approaching, and cash with him very scarce, he earnestly entreats those who stand indebted to him prior and subsequent to his opening the above tavern will pay their respective balances on or before the 15th day of September next, which will enable him to render that reception different to the last season, and treat them in that elegant and accommodating style which it is his pride to support, and his ardent wish to maintain. Georgetown, August 31—3t
In the Cafe of Elizabeth Lewis an Insolvent debtor. District of Columbia, Washington County, to wit:
ON the petition of Elizabeth Lewis, an insolvent debtor confined in the prison of Washington county for debt it is ordered that notice be given to the creditors of the said Elizabeth Lewis that on the sixth day of September next at 9 o'clock A. M. at the court room in the Capitol the oath of an insolvent debtor will be administered to the said Elizabeth Lewis and a trustee appointed agreeably to the act for the relief of insolvent debtors within the district of Columbia unless sufficient cause be then and there shown to the contrary.
It is also ordered that this notice be published in the National Intelligencer and Washington Federalist twice before that day.
By order of the hon: Wm. Cranch assistant Judge of the circuit court of the district of Columbia.
URIAH FORREST, Clk. Sep. 3—2t.
To be Sold,
On Thursday the 27th day of September on the premises to the highest bidder, if not disposed of by private sale before that day.
THE tract of land whereon I now live in Fairfax Co. Virginia, on Popes Head creek, containing 550 acres, the situation is agreeable and healthy; there is on it an excellent mill seat on the above mentioned creek, with an inexhaustible quantity of grey free stone, and an abundance of good red and white oak, poplars, and hickory timber to erect the dam and necessary buildings on the spot; there is on this creek which washes this tract, for about two miles, a very considerable portion of the first quality meadow land, there is a considerable quantity of fresh land, just opened, and nearly half of the tract to cut; it is situated about 20 miles of George Town, Washington, Alexandria and Dumfries, it is considered the best piece of forest land in the county—the terms of payment will be one third paid down, one third in 18 months and the other third in three years; an indispensable title will be made to the purchaser. The public is assured that the sale will take place if not privately disposed of before the day of sale, as I am determined to remove to the state of Kentucky this fall—Also—On the same day and place, will be sold, all my flock of every sort, plantation utensils, household and kitchen furniture and the present crop now on hand for ready cash. THOMAS POLLARD. August 22—tdof
A TEN THOUSAND
Dollar Prize,
Now to be had for the small sum of
SIX dollars!
SCHEME OF A
Lottery
for the use of
THE GERMAN
TRINITY CHURCH,
In SIXTH STREET, PHILADELPHIA,
Which will positively commence drawing at the state house in this city the fourth Monday of November next, prizes will be received in payment for such tickets as may remain for sale during the drawing, or the cash advanced for them, on allowing a small discount. From the great proportion already sold, it is expected that the tickets will soon be raised to six dollars and an half.
   Dollars.     1 Prize of 10 thousand dolls. 10,000   1 Three thousand 3,000   1 Two thousand 2,000   1 One thousand 1,000   4 Five hundred 2,000   10 Three hundred 3,000   20 Two hundred 4,000   35 One hundred 3,500   90 Fifty 4,500   100 Twenty 2,000   6000 Seven 42,000  
   1 1st drawn No. on the 10th day 500   1 15th 500   1 20th 500   1 25th 500   1 30th 500   1 35th 500   1 40th 1,000   1 45th 1,000   1 50th 1,000   1 55th 1,000  
1 First drawn No. on the last day when there shall be only 600 tickets in the wheel, 6,000
6274 Prizes. Dollars,—90,000 Considerably less than two blanks to a prize, The prizes to be paid 30 days after the close of the drawing—Subject to a deduction of 15 per cent.
Tickets for sale by.
GEORGE TAYLOR, Jun.
No. 85, South Second Street, o
MATTHEW M'CONNELL,
No. 82, Chestnut Street.
ADAM PREMR, No. 134, fourth sixth ft. } Commissioners.
ANTHY. HOOKLEY, No. Corner of Green and third streets, } Commissioners.
CHARLES BOWMAN, No. 16 Budd Street, } Commissioners.
Whole tickets—6 dollars
Half tickets—3 25
Quarter tickets, 1 75
Prizes in other lotteries received in payment.
Letters addressed to either of whom, post-paid and including the cash, will be duly attended to.
Aug. 27th—2aw 15N.
Valuable property FOR SALE,
I WILL sell on reasonable terms the farm on which I reside, containing about 1000 acres of valuable land. The soil is well adapted to wheat, corn and tobacco, and the tedar and locust which puts up in every uncultivated spot will afford a never failing supply of wood and timber. The farm is handsomely situated on the Patuxent river, and commands an elegant and extensive view. Its form is nearly a square, one side of which is bounded by the river, and another by Battle creek which is deep and navigable for the largest vessels employed in the Bay trade, so that the farm may be enclosed at half the labor and expense that would be required by one of equal size that is not so fortunately situated. It is very convenient to the Baltimore, Norfolk and George Town markets, to either of which places the produce may be safely and expeditiously conveyed in vessels that can lie along side the beach for the purpose of receiving it. The improvements are a new two story dwelling house, not quite finished, containing four commodious rooms and a large passage through the house on each floor and a cellar beneath of the same form and dimensions—An excellent granary, corn-house, stables, &c.—The river and creek abound in the different seasons with fish, oysters and wild fowl of the best quality.
The terms of sale may be known by application to
MICHAEL TANEY. Calvert County, Aug. 23—3w.
Charlotte Hall School.
THE annual examination of the pupils will take place on the 4th, 5th, and 6th of September. The first day will be appropriated to English recitation: the two succeeding days to an examination of the different classes in the Greek, Latin and English languages, in composition, mathematics and geography.
The parents and guardians of those children, who are under the protection of this establishment, are respectfully invited to attend.
By order of the board of trustees. GEORGE RALPH, Principal. Charlottesville Cool Springs, August 20, 1804.
Vacation will commence on Thursday the 6th of September: and the classes will again open the 6th day of October.
CHARLOTTE HALL SCHOOL.
Wanted immediately, a gentleman of respectable character and talents as professor of the French language, and who will also, be expected to assist in the lower department of the Latin school.
Salary 400 dollars per annum, and an addition of fifty shillings per annum for every French pupil.
Application may be made in person, or by letter, to
GEORGE RALPH, Principal. Charlottesville Cool Springs, August 20, 1804. August 31—3t
CHARLES VARDEN,
MERCHANT TAYLOR.
Has received from Philadelphia in addition to his former stock, a handsome assortment of goods, consisting of the best London and Spanish superfine cloths and cassimeres, white and fancy Marceilles, colored and white Janes, India nankeens, cotton cassimeres, black silk and fatten Florentines, with a variety of other articles suitable for the summer season.
N. B. Ladies habits, regimentals, and navy uniforms made in the first stile of fashion. New Jersey avenue near the Capitol, June 8—tf
REMOVAL.
THOMAS CARPENTER,
TAYLOR,
Has removed to the house above
Mr. RHODES (EARL'S LOVELY'S) HOTEL,
near the President's Square.
In addition to the present stock of goods, an
Handsome Affortment
is expected immediately.
Gentlemen at a distance, by sending a line
by post, will be waited upon with all possible expedition.
T. C. will pledge himself to execute any
order with a taste, expedition and moderation of charge, which shall not be excelled by any.
April 16—tf.
TO RENT,
A THREE STORY BRICK HOUSE
in the city of Washington, situated on
that beautiful ridge north east of the Seven
Buildings, on I Street, Lot No. 3, square 106,
at present occupied by Mrs. Scott. Possession
may be had the 1st of August next. Under
said house is a good dry cellar, on the back
of the lot is a stable, and near the premises a
pump of most excellent water.
Enquire of Mrs. Scott, or of the subscriber
High Street at Doctor John Beatty's George
Town.
ABSALOM JOY. June 29—tf
A GARDENER
Who understands ALL the branches of
His Business,
is SOBER, HONEST and INDUSTRIOUS,
and no other need apply )
Will meet with a GOOD place by ap-
plying to the printer. If he will also
engage to manage well a small farm
his wages will be INCREASED.
Three Dollars Reward.
STRAYED from the subscriber's Farm,
near Rock Creek Church, a small RED
and WHITE COW, appears to be about six
years old, with a white face and a remark-
able short body, the left ear slit, the right
branded with two letters not remembered,
and a piece of her tail cut off. The above
reward will be paid to any person on the
delivery of the Cow at said place. S. H. SMITH. August. 11.
NOTICE.
The Committee of Conference appointed on the part of PRINCE GEORGE'S county to advise with a similar committee of ANNE ARUNDEL, relative to the selection of a proper character to represent the Republican interest of the district in Congress, beg leave to signify Thursday the 6th day of September for a meeting at Queen Ann—The necessity of punctilious attention on the part of Anne Arundel will doubtless be acknowledged; and it is assured to be a circumstance that would be truly indulging to their political associates of this county; an interchange of sentiment is the only possible and laudable mode of ascertaining the will of the district, and at once promises security to unanimity and success. August 31—
500 Dollars Reward.