The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-08-29 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1229.
FIVE DOLLARS PER ANNUM,
MONDAY, AUGUST 29, 1808.
PAID IN ADVANCE.
SENATE OF THE UNITED STATES.
CASE OF JOHN SMITH.
Mr. HARPER. It now remains for me, Mr. President, to perform that part of the duty in this case which it has been thought proper that I should undertake, and to close the defence of Mr. Smith. Fortunately for me and for him my colleague has left me but little to do; for little indeed can be added to the force of those arguments, both on the law and the facts, by which this honorable body has been instructed and entertained. To present the subject in a few additional points of view, and to enlarge a little more on some of the arguments touched by my colleague, than fell within the limit which he had prescribed to himself, is all that I can hope to accomplish; and this I shall attempt with as much brevity, as the nature and extent of the matter to be treated will permit.
And here let me premise, Mr. President, that if nothing but the character and fortune of Mr. Smith were involved in the decision to be pronounced in this case, we should abandon at once every legal objection, and confine the defence to the testimony alone; for it is the wish of the accused to be acquitted on the broad and plain ground of innocence; on the ground that in fact he has done nothing criminal or even improper; and not on the ground that the evidence against him is not such as the law permits to be received, or that the offence alleged against him do not in law warrant an expulsion.
But believing as we do, that constitutional rights of great importance in themselves, and embracing the whole community in their extent, will be most materially affected, should the principles contained in the report of the committee in this case be adopted by this honorable body; should it be determined that Mr. Smith can be proceeded against in this way, upon this evidence, and for the acts with which he now stands charged; we, as integral members of the community to which those rights belong, feel it our duty, in behalf of ourselves and our fellow-citizens, as well as of our client, to enter our most solemn protest against the whole proceeding. We object therefore to the jurisdiction of the Senate in this case, on the ground that the offence alleged against Mr. Smith is not cognizable by this body; and we also contend that the evidence adduced in support of the charge, is not such as the law permits to be received.
This brings me to the enquiry for what offences can the Senate expel? If this question, Mr. President, were "res integra," I might contend, on what I conceive to be solid constitutional grounds, that the power of expulsion is confined to acts done in the presence of the Senate; acts which tend to prevent or interrupt its deliberations, and which therefore the necessity of self-preservation, and the very nature and object of its institution, require that it should have the power promptly and effectually to suppress. This power is necessarily incident to every deliberative assembly. It would, I apprehend, exist in this honorable body, by necessary implication, if the constitution had not given it in express words. Indeed the constitutional provision is to be considered rather as a limitation than as a grant of this power.
But I am aware, Mr. President, that the nature of the offences to which this power extends, is not a new question; and that the power of expulsion has already been carried, by a decision of the Senate, further than to acts done in the presence and view of the body. To this decision I am not now disposed to object. I acknowledge it as an authority so far as it goes. But it does not extend to our case, nor oppose the principle for which I mean to contend. The offence alleged against Wm. Blount, though of an offence of a dangerous and infamous nature, was not an offence for which he could have been indicted. And I am willing to admit that where a Senator commits an offence of that nature, though not in the presence and view of the House, the Senate may, from the necessity of the case, proceed immediately by way of expulsion. Otherwise they would be obliged to retain among them a mem-
ber, who might have rendered himself notoriously infamous.
But when the offence, as in this case, is the proper subject of indictment, I contend that this body must wait for an indictment, before it can expel.
For the constitution has provided that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed."
The constitution also gives the power of expulsion. But these two constitutional provisions are so to be construed, as that both may be effectual. One must not be allowed, by the extent of its operation, to destroy or infringe the other. By the course for which we contend, both provisions will be preserved. The accused will be tried in the manner prescribed by the constitution. If convicted, the record of his conviction will furnish unexceptionable testimony of his guilt; and this House may proceed to expulsion, if the offence be of such a nature in their opinion as to require it.
Nor would I contend, Mr. President, that an acquittal on an indictment should, in all cases, be considered by this honorable body as proof of innocence. If the fact proved, though not coming within the legal definition of the offence charged in the indictment, were yet of a criminal or an infamous nature; the Senate, upon having the evidence laid before them, might still proceed to expulsion; because it would then appear that the offence, though infamous or dangerous, was not indictable. As if a man should be indicted for perjury, and it should be clearly proved at the trial that he had taken a false oath, but he should escape conviction by showing, that it was not taken before a person authorised to administer the oath. On this evidence the Senate ought to expel.
Or if evidence had been offered which was sufficient to satisfy every man's mind, that the offence charged in the indictment had been committed; but this evidence, on account of some legal objection to its competency, had been rejected by the court, and the offender consequently acquitted. Such an acquittal ought not to satisfy this honorable body. This evidence which the court, acting under strict and positive rules of law, could not receive, ought to be considered here; and if found worthy of belief, or full investigation, it ought to produce an expulsion. Many instances of this nature might be adduced; but they will readily occur to the minds of the honorable members.
Thus I admit, that the nolle prosequi entered in the case of Mr. Smith at Richmond, ought not to preclude the Senate from proceeding; because it was entered on account of a legal exception taken and sustained in the case of Col. Burr, which did not in any degree affect what may be called the moral merits of the case.
But where it is apparent, as in this case, that the offence charged, if it has been committed, is the proper subject matter of an indictment, and is still open to be tried in that way, I contend that an indictment ought to precede the exercise of the power of expulsion. It is clearly in the power of this House to order an indictment, whenever it shall receive such information concerning the conduct of any of its members, as to make such a proceeding necessary. The proper course, when such information is laid before it, is to consider in the first place whether the offence charged be of an indictable nature, and whether the evidence capable of being adduced, be such as a court of law can receive.
Should the affirmative appear, the matter is to be referred to the public prosecutor of the district where the offence was committed, with an order from this House to prosecute the offender. Should the negative appear, or should a prosecution take place, and the offender escape by any legal exception, not affecting the moral merits of the case, the power of expulsion may then be exercised, on the best evidence that the case will admit. Should he be acquitted by the jury, on a full view of the facts, and on the broad ground of innocence, the acquittal ought to avail him here and every where. Should he be convicted, the record of his conviction fur-
nishes complete ground for his expulsion. Thus every part of the constitution is reconciled, as far as the nature of things will permit.
But it may be said, shall the Senate be compelled to retain in its bosom, while this long process of indictment is going on, a man whom every other member may believe to be guilty of the most infamous crimes? No. I would not carry the principle so far. In all doubtful cases, however strong the grounds of suspicion might appear to some men's minds, the member ought to be presumed innocent, till his guilt is established, in the manner provided by the constitution and the laws. But in some very flagrant cases, which may be supposed where the criminal act might be perfectly notorious, or might rest upon such proof as to leave no room for doubt, I would admit that the Senate ought not to retain the offender in its bosom, but when it ordered a prosecution, might at the same moment sequester him from his seat, till his guilt or innocence should be legally established.
Such a step, as tending to prejudice the case, ought indeed to be taken with great caution; but it is easy to conceive of circumstances which might render it proper, and indeed indispensable.
Will it be objected that this proceeding by indictment is too slow for the occasion? But I ask whether the trial before the Senate can be more speedy? To those who are of opinion that a member may be expelled without a trial, or, what is the same thing, without having time allowed him to collect evidence for his defence, I have nothing to say. But I would ask those who think that reasonable time ought to be allowed to a member, for making his defence, whether, after some reflection and calculation, they can believe that such a trial here would consume less time, or require less delay, than a prosecution by indictment, in the district where the offence is supposed to have been committed? If witnesses are to be heard, consider from how great a distance they are to be brought! If you dispense with the personal attendance of witnesses, and receive their depositions, consider in what remote places these depositions must be taken, and how much time must necessarily be consumed, in taking and returning them! The act will generally be done in the district where the Senator lives. That district may be Maine Kentucky or Georgia. In that district the witnesses will generally be found; and from thence they or their depositions must be brought to Washington. But let the trial be before a jury in the district, and the witnesses are at hand. The whole investigation may therefore take place in less time, and in a manner incomparably more perfect and satisfactory, than before this honorable house.
I adduce what has happened in this very case, as proof that I am correct in my position. Since this proceeding commenced, the circuit court of the U. States has held in the district of Ohio, where Mr. Smith lives, and where, if any where, all the acts alleged against him were done. We have heard of the proceedings and adjournment of that court. Consequently in that court John Smith has been tried for those acts, and the record of his acquittal or conviction might now be on your table.
But, Mr. President, however weighty I may think the objection which I have now urged, it is in my mind of far less moment than that which applies to the evidence in this case.
I do not contend that all the strict rules of the common law, relative to evidence in criminal cases, ought to be adhered to in the proceeding by expulsion. Many of them would tend more, perhaps, to the exclusion of truth, by shutting out that moral evidence which satisfies the mind, than to the protection of innocence. But there is one great rule of evidence, founded in the most solid reason and the most enlightened views of human nature, which is never departed from in our courts, and ought never to be departed from any where. That rule I mean which requires, that a man tried for an offence by which his safety or his fame may be affected, shall be confronted with the witnesses against him; shall have his accusers face to face, before his judges and before the world: shall be enabled to re-
fresh the recollection of the witness, and to probe his conscience, by a cross examination; and thus to bring forth the truth to light, in spite of prevarication, forgetfulness, or inaccuracy of expression.
How much of the credit due to a witness depends upon his manner of giving his testimony! Of this you cannot judge, unless you have him before you. It is then only that you can observe the workings of his countenance, the tones of his voice, and the expression of his eye; that you can distinguish between the firm frankness of integrity, and the boldness of impudent and hardened guilt; between the timid accents and downcast eye of bashful rusticity, and the faltering voice and fallen looks of conscious hesitating perjury; between the natural consistency of truth, and the artificial connection of studied falsehood.
Nor is this power of cross examination much less important in the case of an honest witness. For a dishonest witness its use is to probe his conscience; for an honest one, to refresh his recollection, and correct his inaccuracies.
How often have we seen the most honest witness, in delivering his testimony before a court of justice, omit through forgetfulness or inadvertency, or perhaps through an opinion that they were unimportant, circumstances which when drawn forth by a cross examination, appeared to be very material? How often have we seen such a witness express himself so inaccurately, as to convey a meaning entirely different, from what it has appeared on a cross examination that he intended to express?
Without a cross examination these effects, often so fatal, of misconception forgetfulness and inaccurate language, must pass uncorrected; and when the testimony is taken in writing, instead of being orally delivered to those who are to decide on it, they are exposed moreover to the misconceptions the inaccuracy and the carelessness or haste of the writer.
How imperfect and deceptive must that testimony be, which comes to us through such a medium! It was to remedy this imperfection, so pregnant with danger to life liberty and reputation, that our forefathers, breaking in this instance through the gloom of barbarism which surrounded them, adopted the profound and luminous rule for which I contend, and steadily adhered to it, through every change of time & circumstances.
I therefore, solemnly protest, Mr. President, in my character of an American citizen, as well as in that of counsel for Mr. Smith, against the admission of depositions as evidence in this case. I protest against the admission of this clandestine this furtive testimony, which shuns the light of day, and by which an honest man may at any time be rendered the victim of sculking perjury and cowardly malice. I claim for my client the privilege of being confronted with his accusers, at this bar, if here he must be tried; of subjecting the consciences of those accusers to the scrutiny of a cross examination, in the presence of his judges: and for myself for him and for every member of this community, I protest against the violation of a rule, handed down for our safety from the earliest times, regarded with encreasing reverence by every successive generation, and held sacred amidst the wildest excesses of civil discord, of triumphant party vengeance, and of regal oppression.
But it may be said, as it has been very plainly intimated, in the report which is to be considered as the indictment in this case, that the rules of evidence need not be so strictly observed in trials of this kind, because the consequence of conviction is not a punishment, but merely the withdrawal of a trust.
And is there then no punishment, but that which immediately applies to the person or the purse? Is this idea, worthy of none but the most base and abject slaves, to be gravely and authoritatively promulgated to the American people? Are they to be told, and by a vote too of this House, that disgrace is not a punishment? That it is no punishment for an American citizen to be stigmatised by the sentence of one branch of his government, to be driven for an impu-
crime from the honorable station in which he had been placed, and to be held up to his family his friends his fellow citizens & posterity, as a wretch unworthy of public confidence or private regard? Is this no punishment? And will gentlemen who inculcate this idea, in application to my client, say their hands on their hearts tell me, whether they would not consider it as a punishment, in application to themselves? Whether they would not rather submit to the loss of their fortunes, or to any degree of bodily suffering, than to have such an opprobrium stamp on their names, such a stain fixed on the honor of their children?
Every honorable member of this body I am sure will answer in the affirmative; for who would not prefer bodily pain and the loss of property, to such disgrace as must result from an expulsion from this House, for the crime of which my client is accused.
Again Mr. President. If Mr. Smith should be expelled, on these depositions of Elias Glover and his coadjutor M c Farland, whom he has had no opportunity to cross-examine, he would still be liable to prosecution at law for this offence. On this prosecution no direct use could be made of the depositions of Elias Glover and M c Farland. Those witnesses must be produced in person. But still Mr. Smith would go before his jury, with this expulsion stamp upon his forehead. Nothing could prevent this expulsion, produced by the exparte clandestine depositions of Glover and M c Farland, from operating to his prejudice, on the minds of the jury. And thus a species of evidence which the law expressly excludes from criminal prosecutions, would, through the act of this honorable body, thus rendered accessory to the violation of the laws, be allowed to produce a most important though indirect effect, in a criminal case.
If therefore, Mr. President, we had no defence, or only a weak one, on the facts in the case, I should insist that this prosecution, being for an offence cognizable by indictment, and resting on evidence which the law excludes, ought to be dismissed. Standing, however, as my client does, strong on the facts; holding in my hand abundant proof of his innocence, I shall by no means rest his defence on this legal ground, impregnable as I deem it; but having entered in his name, and in my own as one of the American people, this protest against a proceeding which I regard as a violation of our constitutional privileges, I now proceed to investigate the evidence adduced in support of the charges against Mr. Smith, and to contrast it with that whereby his innocence is completely established.
I am to premise that the charge against Mr. Smith is, that he was connected with Col. Burr in the late conspiracy. This connection is alleged as the sole ground of expulsion; and it is attempted to be proved in various ways.
 1. By the conversation stated by Elias Glover and M c Farland.  2. By the facts stated by Peter Taylor.  3. By the conversation stated by Major Riddle.  4. By the conversation stated by Col. Jas. Taylor.  5. By Mr. Smith's journey to Frankfort, in 1806.  6. By the bill drawn by Col. Burr, on Mr. Smith, in favor of Jacob Jackson.  7. By that drawn on him by Col. Burr, in favor of Belknap.  8. By a supposed contradiction between Mr. Smith's statement respecting the settlement of the Washita lands, in his deposition before Matthew Nimmo, and the facts which appeared in evidence at Richmond. And  9. By a supposed similarity between the style of the conversation stated in Glover's deposition, and that of Mr. Smith's own deposition before Nimmo. 
By some of these proofs and circumstances, or by all of them taken together, it is contended that a criminal connection between Smith and Burr in the late conspiracy is established; and it is therefore incumbent on me to consider them all; which I shall proceed to do in the order in which they have been stated, and with as much brevity as the extent and variety of the matter will admit.
[Mr. Harper's Speech to be continued.]
* In the case of Wm. Blount.

Norfolk, Aug. 22.
On Saturday arrived here the British schooner Swift, captain Young, 18 days from St. Croix, from whom we have derived the following important information.
On the first of August a vessel arrived at St. Croix from La Guira, by whom advices were received, which stated, that on the 16th of July, the French government brig Le Serpent, of 16 guns and 110 men, arrived at La Guira, with the information that the throne of Spain had been abdicated by king Charles and Ferdinand, in favor of the emperor of France. Orders were delivered to the governor of Carracas from the dethroned kings and from the French emperor to acknowledge Joseph Bonaparte for their lawful sovereign, as the emperor had named him king of Spain. This information excited the deepest concern, which was dispelled on the following day by the arrival of the British frigate Acasto, capt. Beaver, despatched from Barbadoes, by admiral Cochrane, with the determination and proceedings of the Supreme Council, at Seville. The unanimous resolution was to adhere to the Council of Seville. The French officers fled in haste from the city of Carracas to La Guira, and got on board the Le Serpent, with the intention to proceed to sea, but they were stopped by the Acasto, who made prize of the vessel.
The resentment of the people against the French was so great, that the commandant could with difficulty protect 40 French soldiers that remained of the party that was sent by Gen. Emouf from Guadalupe at the time of Miranda's threatened invasion.
The British sloop of war Lark, arrived at La Guira on the 20th July from Curacao, but the object for which she had been despatched was anticipated by the arrival of the Acasto.
A flag of truce arrived at St. Thomas from Porto Rico, in which island the measures of the Council of Seville were obeyed.
The following proclamation, issued by the governor of that island has been translated for the Ledger.
PROCLAMATION BY THE GOV. OF PORTO RICO.
Inhabitants of Porto Rico! Your fidelity and loyalty to the lawful Catholic Kings of Spain, since Divine Providence placed this island under their government, are too well known, to make it necessary to exhort you now to display the same loyalty and fidelity which you have always exhibited against the enemies of Spain, in their attacks upon this valuable island.
Now, more than ever, all your efforts are to be roused into action, in order to confound the views of an infamous usurper of your dearest rights. Napoleon Bonaparte aims to subject you to his iron despotism. He has dethroned the amiable sovereign, who you had acknowledged, and solemnly sworn to obey; he has violated our holy religion, and all with the pretext of making Spaniards more happy, whereas his real object is to reduce us to the vilest condition of slavery.
Already I see you resolved, and ready to proclaim with a loud voice, that you will shed the last drop of the noble blood that circulates in your veins, rather than to submit to the yoke, which the unparalleled despotism of the French would impose on you; that you will not for a moment countenance in your minds, those revolutionary crimes, which have been the destruction of the human race. This is also my determination, and I promise and swear by all that is sacred and holy, that I will defend your persons and property, with you to preserve unsullied the holy religion in which we were born, and the fidelity we have always borne to the Spanish nation, particularly to our lord and sovereign Ferdinand the Seventh.
As a signal of our unity of sentiment, of our determination to execute the noble purposes we have resolved on, let every one (without exception to persons) wear in the hat a red cockade! with these distinctions—those who are officers of government, or are employed in the armies of the king, shall place in the centre of the said cockade, a small one of black, to denote the armistice and alliance between the Spanish and English nations, and these will add the initial letter of the name of our beloved sovereign Ferdinand the Seventh. All persons are desired to take notice, that in eight days, from the publication of this proclamation, those who are found without these insignia, shall be considered as suspicious persons, and be proceeded against according to law.
Given in Porto Rico, this 29th day of July, 1808. MONTES.
LONDON, July 7.
A messenger arrived on Saturday with dispatches from Sir John Moore. He brings intelligence that Sir John Moore continued at Stockholm on the
23d ult. The British troops continued embarked on Sunday se'nnight. The nature of the dispatches have not yet transpired, but they are understood to be of great importance, as the messenger came home in an extra packet, and his dispatches were of such urgency, as not to admit of his waiting to bring the mail due on that day. The manner in which the northern war appears to linger, gives much credit to the reports which have prevailed through the week of another.
Coalition against France.
This idea appears to have taken its rise from the following article in the Vienna Gazette, dated July 8:—
"VIENNA, June 8.
"It is observed, that the exchange of couriers with the first courts of Europe is more frequent than formerly. It appears as if important affairs are under consideration; for on the 14th a great conference is to be held, at which the Archdukes are to preside, and all the governors of hereditary dominions, who are now here, are to be present. The result of the assembly is to be laid before his majesty on his arrival. Last night the Archduke John departed hence unexpectedly; it is supposed he is gone to the Emperor. The late events in Spain and the Papal dominions, have caused a strong sensation, and given occasion to many secrets among the ministers of the different courts residing here. Baron Thugot, known by his influence in state affairs after the death of the minister of state, prince Kaunitz, who afterwards removed from court, is now returned to one of our suburbs."
The following articles relate to the same subject:
A letter received by the last Gottenburgh mail states that the king of Prussia is understood to have recently had a letter from Bonaparte, advising him to abdicate his throne. Upon receipt of this advice, the Prussian monarch is stated to have immediately set off for St. Petersburg.
Summary of Events.—A messenger is daily expected from America, with dispatches, which, it is supposed, will be decisive as to our future relations with that country. Mr. Purviance, who has been employed on the occasion, sailed from Norfolk several weeks since in the St. Michael's brig, capt. Kenyon; but the brig was to land another messenger in France previous to her coming to this country; and it is probable that Mr. Purviance's dispatches may, as on former occasions, be made dependant on the state of the negotiations between General Armstrong and the French government,* and that he is detained in France waiting instructions from Paris.
FROM THE GIBRALTAR CHRONICLE. Frenchmen!
You no longer have either laws, liberty, or any thing valuable. You have already been compelled to enslave Europe, at the expence of your blood and of that of your children; and that family, which is not French, rules for you over several nations of Europe, without advantage either to France or any other country. Spain remained, Spain, your faithful ally, and who, as you know, has, in a thousand ways, contributed to your immortal triumphs. Her laws, her monarch, her greatness have been torn from her; her very religion is threatened; not by open force, as you have hitherto been used to do, and as is customary with brave men, but by deceit and perfidious machinations in which you have been obliged to co-operate, thus disgracing your arms and personal bravery, and rendering you partakers of an infamy repugnant to your noble character, and to the august title of a great nation, which you have acquired.
Frenchmen! The Spanish nation you really and generous friend, invites you to desert those colors destined to enslave nations, and to rally under the standard which she has displayed for the most just cause the world has ever witnessed, and in defence of her laws and king, of which they have already deprived her, not by force of arms, but by falsehood and treachery, and the blackest ingratitude. We are all ready to die; and you, like us, ought to brave death, to efface the ignominy which would otherwise attach to your nation. The Spaniards offer you a just reward for such a generous conduct; they will receive you with open arms; you will fight with them; and, whenever the war shall be brought as we hope, to a happy conclusion, you shall have lands, with the produce of which you may pass the remainder of your life in peace and tranquillity, and in the bosom of a nation which loves and respects you, will always see justice done you, and with which you will enjoy all kinds of blessings.
Italians, Germans from all the provinces of that vast empire, Poles, Swiss, and you all who compose what are called French armies! will you
*It is presumed that this paragraph is from the pen of Mr. Canning.
fight for him who has oppressed you, and robbed you of every thing you held most sacred? For him who has torn you from your homes, deprived you of your property, your wives, your children; in fine, of your country, which he had previously reduced to slavery? And will you fight against so generous a nation as the Spaniards, who have received you with such friendly hospitality, and who had so high a regard for you as to respect your rights at the period of their greatest glory and power, because they justly look upon the inhabitants of every country as their brothers? And will you fight against that nation which it is intended to conquer and enslave, not by force of arms, as the brave are used to do, but under the cloak of alliance and friendship, and with such horrid deceit and treachery, that no instance of the kind is to be found in the annals of history, not even among barbarous nations? No; we cannot believe it. Come and join us, and you will find in us valor, generosity, and true honor. We offer you the same rewards as to the French; and we hope, that you and your posterity will enjoy them in an undisturbed peace.
D. JUAN BAUTISTA ESTELLER, 1st Secretary, and D. JUAN BAUTISTA PARDO, 2d Secretary. Seville, 29th May, 1808.
FROM THE FRENCH PAPERS. PARIS, JUNE 21.
The following official documents concerning the Spanish Junta, have been published:
General Junta—First sitting. On the 15th of June, in the current year, 1808, at noon, the first assembly of the Spanish Junta was held in the city of Bayonne, in the bishop's palace, where a hall had been prepared for that purpose under the presidency of his excellency Don Miguel Jose d'Aranza, counsellor of state, minister of the finances, and secretary of the Junta; his excellency the chevalier d'Urgujo, honorary counsellor of state; and Don Antonio Romanillos, member of the council of finances, and secretary of the king.
After the verifications of their powers by the members of the Junta, an order of the council of Castile was read, announcing the decree of his majesty the emperor of the French, by which he proclaimed his brother Joseph Napoleon, formerly king of Naples & Sicily, king of Spain & the Indies.
The following is the substance of said document.
This day, in full council, the following royal order and decree were read, addressed to the Dean of the council.
"High & worthy sir, "By the following decree, which has been presented to the supreme Junta of the government, by his imperial and royal highness the grand duke of Berg, lieutenant-general of the kingdom, his majesty the emperor of the French, &c. has deemed it good to proclaim his serene brother, Joseph Napoleon, now king of Spain and the Indies. I, by the command of his highness, and subsequent resolution of the Junta, do present it to your worship, in order that the same may, without delay, be put into execution and executed.
"The council will see in this resolution of his imperial majesty, the wisdom of his foresight, and the most obvious proof of his benificent intentions towards the Spanish nation.
"To proclaim him king is to say what is expected from his paternal cares; and to place his illustrious brother on the throne of Spain is to unite for ever the interests & glory of France with the interest and glory of Spain.
"His imperial highness, together with the Junta, who so well know that among the qualities which equally occasioned the election of this sovereign, his love of justice and beneficence are to be enumerated, and their hope that all those benefits which he has in his proclamation promised, will soon take effect, together with all those others which his majesty has doubtless reserved to himself to announce to his people when he appears in his metropolis."
"In the palace, 11th June, (Signed) SEBASTIANO DE PINUELA.
"To the Dean of the Council." [Here follows the imperial decree, proclaiming Joseph king of Spain and the Indies.]
"The council, after the reading of these documents commands the royal mandate and decree be printed, announced, and circulated with the accustomed formalities.
"I impart this to your excellency by command of the council. Be pleased to acknowledge the receipt of it. (Signed) BARTOLOME MUÑOZ.
"Madrid, June 11."
After having heard an address of M. d'Aranza, the Junta resolved that they would, in a body testify their allegiance and homage to his majesty the king of Spain, and present a suitable address to him, the adoption of which should take place in the present sitting.—Moniteur, June 22. June 23.
On the 17th inst. the Spanish Junta at Bayonne held their second sitting. On the 18th they were admitted in a body to an audience to his majesty king Joseph. His excellency Don M. J. d'Aranza delivered the following address:—
"Sire!—All the world knows for what momentous purpose we have been summoned into this city; by your illustrious brother the invincible Napoleon emperor of the French and king of Italy. To lay the foundations of the permanent felicity of our dear country is the glorious task imposed upon us. Is it not our duty to testify to our king, the chief of the Spanish nation, and the centre of all hope, the becoming zeal and the unwearied earnestness with which, under present memorable circumstances, we shall devote ourselves to the office with which we are charged.
"We are, sire, deeply afflicted at the divisions and momentary disturbances which are shaking some of our provinces, disturbances which having been occasioned by the errors of the people, who do not think, and who will merit your pity when they return from their errors.
"We have done, sire, and shall do all that depends upon ourselves, in order to bring back peace and good order, for that which is of the highest moment is, that no hindrance arise in the way of the beneficent projects of the incomparable hero who will imprint his immortal name on the grateful hearts of our latest posterity. We are, sire, to concur in these projects, and we are to support your majesty with the integrity, the fidelity, the self devotion which certainly constitute the most precious balm to our hearts, since your majesty has announced the glorious resolution to govern only for the happiness of Spaniards; a resolution worthy the monarch whose fame is spread over the universe as a model of gentleness and virtue, who constituted the delight of the people he governed, and whom he left in tears, because he went to bear away his virtues into another land.
"Such, sire, are the feelings which animate us, and which we now come in a body to testify at the feet of your majesty."
To this his majesty gave the following answer.
"I share in your sentiments and in your hopes. The so clearly announced will of his majesty the Emperor of the French, our illustrious brother, in favor of the prosperity of Spain, is sufficiently guaranteed by his glory.
"The co-operation of your zeal and your resources will easily subdue the obstacle which private interest may lay in the way of the whole nation: being founded in error, they shall be expelled by truth.
"As to ourselves, we wish not to know those errors. Beyond the Pyrenees we will find none but Spanish hearts.
"In leaving a people who rendered justice to our government, we have made the severest of all sacrifices; but the love of that people is a prognostic of that of the Spaniards; shall we do less for the great nation whom Providence has entrusted to our care? Will they be less just toward us? We know the full import of Castilian faith; we shall bring the heart of a father, we shall meet with none but the hearts of children.
"In the mean time, while the enemies of the continent seek to separate the colonies from the mother country: they will impute to us the discussions which themselves occasion; since it is our duty to repress these, we shall on no account spare the malevolent who are the accessories or instruments of the subtle hatred of our enemies.
"Continue your labours for the welfare of your country, and be assured of the blessings of the people, and of our perfect satisfaction."—Moniteur, June 22.)
On the 11th inst. his majesty the king of Spain appointed the Grand Duke of Berg Lieutenant General of Spain.
JUNE 25.
The following is a short resolution of the third sitting of the Spanish Junta, held at Bayonne on the 20th instant:—
His excellency M. d'Aranza caused a sketch of the constitutional statute for Spain to be read by M. Romanillos, counsellor of finance; presented by command of his majesty the emperor and king.
It was resolved that this sketch should be printed; that one copy should be given to each member of
the Junta; that three days afterwards each deputy should have the liberty of giving in his sentiments in writing, without preventing oral discussions, which may be necessary, in order to elucidate the questions to which the sketch may give rise. The assembly was then adjourned to the following day.—(Moniteur, June 26th.)
JUNE 26th.
The following is an account of the 4th sitting:—
His excellency the President, invited the members to express their sentiments on the constitution which had been read to them at the last sitting.
Don Petro de Isla, deputy from the merchants of Burgos, read a speech of great ability, in which he gave great praise, assigning the reasons in detail, to the constitution which the Spanish people is to receive; he then proceeded to some observations on the customs at Burgos, and the exportation of wool. After the discussion of some minute matters, the meeting adjourned.—(Moniteur, June 27.)
WASHINGTON CITY.
MONDAY, AUGUST 29.
At the prospect of the approaching election, the efforts of party are redoubled to weaken the confidence of the people in their government, to distract the nation, and render useless the wise measures which the Representatives of the people have adopted.
Endless indeed were the task to expose the weakness of all and the absolute fallacy of most of the grounds on which the enemies of the present administration are endeavoring to injure it. One, however, is attended with circumstances so peculiar, that we deem it worthy of notice.
It will be recollected that Mr. Canning, says in his speech published in our last "since the return of Mr. Rose, no communication has been made by the American government, in the form of complaint, or remonstrance, or irritation, or of any description whatever." From which expression, considering it as proof irrefragable, several federal papers have made the rational deduction, that no remonstrance has been made, by our government, on the subject of the British orders in council; as appears by the following extract from the Boston Gazette of Aug. 22:
"They (the people of America) have witnessed the groanings of the democratic presses against the British orders in council, though they forgot at the same time to tell of the precedent measures of the French government, which produced these orders—and now they find out, that our own administration, so far from thinking them either arbitrary or unjustifiable, or being desirous of their removal or amelioration, that they have never preferred a complaint against them, or required their repeal. There is something strange in this conduct—it fully warrants the declaration of Mr. Gaudener, "that there is an unseen hand in all this."
Can it be possible that any man conversant in the politics of his country, can forget a circumstance which occurred not more than four or five months ago? However improbable, it should seem that such is the case; and what renders the circumstance more singular, is the concurrent treachery of memory of two federal editors; for the Centinel of the same date, speaking of the dispatches said to have been received per the Isabella, says, "We do not think they relate to the British orders in council, for we are confident the United States have never made any communication to the Cabinet, on the subject of these orders."
On the 26th of February last a communication was made to Congress by the President of the United States, commencing as follows: "I enclose for the information of Congress, letters recently received from our ministers at Paris and London, communicating their representations against the decrees and orders of France and Britain, &c." These communications were inadvertently read with open doors in one branch of the legislature, contrary to usage. It was thus ascertained that the spirited and argumentive remonstrance of Mr. Pinckney was dated on the 23d November, but 12 days after the date of the orders in council. And yet there is an American paper which shall declare, for party purposes, that no remonstrance has ever been made on the subject.
While on this subject, we are induced to notice the peculiarity of Mr. Canning's language. It would be derogating from that consistency and regard to correctness which is supposed to attach to the prime minister of Great Britain, to entertain an idea that it was his intention to convey an equivocal meaning. Such however is the effect, if not the intention. Mr. C. says since the return of Mr. Rose, no communication has been made

by the American government whatever," &c. Now our readers will recollect a certain communication from Mr. Erskine, the British minister, to Mr. Madison, explanatory of the orders in council, under date of Feb. 23. To this it is well understood that a luminous and conclusive reply was made by the Secretary of State. It cannot be possible but that Mr. Canning must have received this important paper, if no other, before the 24th of June; not indeed "from the American government," but from the British minister in America. So that Mr. Canning's expression, however equivocal its meaning, may be literally correct.
Since the above was in type, a friend has handed us for publication the following
COMMUNICATION. British Orders in Council of the 11th November. —Notwithstanding all that has been said to the contrary, and the inference which is drawn from a late speech of Mr. Canning in the British House of Commons, it is a fact that the minister plenipotentiary of the United States at London, interposed his objections against these orders, before they were signed, on the rumor that such orders were about to be issued; and that, afterwards, when they were published, he made the most pointed remonstrances against them, in an interview which he had with the same Mr. Canning on the 22nd of that month. The evidence of these facts was communicated to both Houses of Congress at its last session, by the President of the United States, as is very well and very generally known. It is understood too, from the letters of Mr. Pinkney, containing that evidence, that the British government had come to the determination of making these orders officially known to this government through their minister plenipotentiary here; and it would seem that Mr. Erskine's letter of the 23d of February to Mr. Madison, was a fulfilment of his instructions on that point. From these circumstances, which are all public, the inference is irresistible, that Mr. Madison made use of the organ which had been selected by itself, for conveying to the British government the known and avowed sentiment (with which that of Mr. Pinkney perfectly coincides) of his own government, upon the subject of the orders referred to; and it is to be presumed that Mr. Erskine did not fail to communicate to Mr. Canning a copy of Mr. Madison's letter to him. It ought to be recollected that the explanation from him is dated the 23rd of February; and it is not reasonable to suppose, considering the importance of the subject, that the answer of the American Secretary of State was long delayed.
It clearly results from this view of the subject, which you know, Mr. Printer, is sketched by a Federalist; that the public prints have abounded in misrepresentation, in ascribing to the American government a certain degree of forbearance under the British orders of council in question; and that the speech of Mr. Canning, to say the least of it, is greatly wanting in candor. A.
The United States' messenger vessel arrived in the Downs from L'Orient on the 7th ult. It is probable she will have occasion to remain in England but a few days, and therefore may be daily expected in the United States.
FROM THE DEMOCRATIC PRESS. The Evidence of Facts against French influence.
It was said, when Mr. Jefferson came into office, that he was so violent against England, and in favor of France, that we should be involved in a war with Great Britain in the course of a year, and engaged in an alliance with France. Yet here are we free from all treaties of an offensive or defensive nature with France or her allies; and not engaged in a war with England, though she continues to commit those very outrages on our ships, cargoes and seamen, which occasioned Washington to send an envoy for redress in 1794 to London.
Though Mr. Madison has been a very confidential friend and secretary under Mr. Jefferson, during the whole time, in which Mr. Jefferson has thus refrained from alliances with France, and from war with England, yet a clamorous plea, that Jefferson and Madison, and the majority of Congress , are under French influence, is caused to make the Welkin ring throughout the union. England being undeniably the earliest aggressor on our property, our persons, and our territory , it is absurd or criminal to charge a legislative and executive government with French influence, which, although we are treated as a colony, and so much injured by the British king, refrains
from war with Great Britain. Some late papers from Boston, published in the American Citizen, under the signature of "Samuel Adams," (whose name, principles and memory are execrated by the enemies of Jefferson and Madison), set up a pretence that Madison was an enemy to his country, and a blind partisan of France at the close of the revolutionary war. It is a certain fact, that James Madison , after establishing the highest revolutionary state character of any man in America, of his youth, was chosen, at the top of a list of Virginia Delegates to the old Congress, in the year 1779—that he continued in the most conspicuous and disinterested course of public life till President Washington had filled all the offices of the new general government in 1789 and 1790—that he was in the most unreserved intimacy with Washington during all that time—that Madison's character was highly admired, esteemed, beloved, and approved by Washington, during that long series of years—that Washington endeavored often, anxiously and zealously to induce Mr. Madison to accept some highly confidential, honorable and profitable executive office, as a public reward for the various merits of his life and character, knowing that Mr. Madison was not rich—and that President Washington openly and strongly regretted that Mr. Madison steadily declined every thing but the unprofitable station of a representative of the people in the larger House of Congress. It is certain, that General Washington considered it necessary to the fair and correct support of his own character for discernment and justice, to manifest this sense of, and attachment to, the revolutionary services and disinterested patriotism of Mr. Madison.
It is plain then, that General Washington, who knew all our public men and public affairs and transactions, could not have had the slightest suspicion or apprehension, that Mr. Madison was that blind devoted or criminal partisan of France, which is pretended by the crafty deceiver, who affects to use with respect the name of "Samuel Adams."
As to the present state of things, it appears that Mr. Madison firmly resists the conversion of our neutral seamen, (under the slavish operation of a foreign belligerent impressment) into illegitimate warriors on the side of England against the powers of the European continent. For this he is wickedly misrepresented as under French influence.
When Boucheville's claim was lately revived and in his hands, though France was very urgent upon it, Mr. Madison did not report in its favor. Yet they clamor about French influence.
If France has demanded, (as some allege) that we shut our ports against England, or that we declare war against that country, Mr. Madison and his friends in and out of Congress have not complied with either demand. Where is then the French influence?
If France has desired any distinction in the Embargo laws, or any particular relief from them, Mr. Madison and his friends have not conceded either. Where, we ask then, is the French influence?
If France and England have both asked for permission or statutory powers to arrest their deserters within the jurisdiction of the United States, and have both received the same verbal & practical replies, how does a French influence appear?
During a term of nearly two hundred years, in the greater part of which this country certainly constituted the purest and soundest part of the states confederated under the national crown , the operation of the writ of habeas corpus was fatal equally to domestic impressment and to foreign detentions of the persons of all men within our limits. Such was our absolute right at common law—such the right of every alien within our borders. Such was the right, at strict law, in the trans-atlantic part of our late empire. Such are the rights of Britons—the rights of alien friends—the rights of even alien enemies. Yet the American government , for not winking at violations of " the common law " of our former empire, faithfully preserved by the regenerate Americans, and unfaithfully surrendered by the degenerate English, are preposterously accused of submitting to French influence!
The British, besides many wrongs to our trade, have long excluded all our manufactures from their country, and we have lately excluded a part of their manufactures only; and for this moderate effort of remedy, we are charged with acting under French influence! The British violate, with blood, our public and private ships, insult our governors, as at Rhode Island, and the batteries on our shores, even pretend to an usurped jurisdiction around their ships in our rivers and narrow seas, and attempt to take a foreign mi-
nister and ship of war within our waters; for all which and other outrageous wrongs we forbid the dangerous entry of their vast sea army of 150,000 men into our ports; and for this act of sound prudence and dignified firmness, our government is charged with French influence!
The British, as neutrals, began to retain and capture neutral vessels in 1792, a conduct criminal in itself and of evil example to their friends and foes. They seduce & coerce other nations into a similar conduct. They provoke their enemies to the same conduct, and then pretend to retaliate. They indemnify their public officers for such deeds of shame by an interested law. They repeat, diversify, extend, and multiply their despotic acts in the shape of " orders in council " till nine of those prescriptive evidence of neutral debasement issue in a single month. They subject our property, in innocent voyages to their enemies unblockaded ports, to a penalty of confiscation, so effectual and fatal, that the insurance against British capture only, rising above 40/100, the 100/ can no longer be effected—no longer be sustained! Insurance ceases and British captures work an universal and absolute confiscation—a British penalty of an arbitrary British order of Council. Our government deprives their rapacious navy of their infamous gain, the profits of this disgraceful penalty, by laying an embargo, and too many of our profligate politicians ascribe the act to French influence! Britain goes yet further! She drags us from the free ocean into her own ports, imposes there on us heavy taxes without law, extorts perquisites, and covers this conduct by a retrospective statute of a legislative body which is daily advertised to be bought and sold; and lest we should counteract this execrable and infamous conduct by employing our own manufacturers instead of those of aggressing Britain, the people are alarmed in every street, in every country, with the cry and the pretence, that our pacific measures to correct the British authors of more than half our wrongs are secretly procured by the menaces and influence of France!
AN AMERICAN CITIZEN.
The election for Representatives to Congress takes place in the state of New-Hampshire this day.
FEDERAL DELEGATES.
Our predictions are verified. The conspicuous federalists who met in this city from the different states, have at length decided on holding up a Federal Candidate for the Presidency. A compromise, we understand, was rejected with indignation during their deliberations; which, for the present has arrested the hopes of faction. It now remains for the republican party to unite—to discard personal partialities—to resume their accustomed vigor—and associate in glorious resistance to the enemies of American liberty. Pub. Ad.
The greatest caution must be used in reading the accounts from Europe. A deep game is playing. No arts are untried; no probabilities are regarded. Treaties are announced upon private wishes—Expeditions from a purpose to increase the public alarms. Victories are gained, where no armies have been marched—Wars are proclaimed for nations at peace. Indeed every artifice is used in Europe and America to distract the public opinion.
All the reports favor the independence of South America. It is believed that the Colonists will as firmly oppose a subjection to the English as to the French, and if they are finally reduced, it must be by the superior policy of Europe, and not by their generous consent.—With the conduct of St. Domingo before their eyes, the West Indies may be soon induced to follow the example. Salem Reg.
The World, printed at Bennington, Vt. commenting on the late murder committed by the crew of the smuggling boat Black Snake, says—
The nine villains are in gaol, guarded by a detachment of Burlington militia. The three not taken are called Samuel I. Mott, William Nokes and Slocum Clark: the collector has afforded as a reward for the apprehension of Mott, 100 dollars, and for the others 50 dollars each.
Eight weeks ago we predicted, that such events must soon succeed the treasonable language of the northern federal papers and federal memorials. The tories of the day are daring and insolent. This distressing information had not been three hours in this town before federalists were heard to say, "All is well"—government had no right to seize the boat." Tories appear in all garbs but the right one—they are perched behind the merchant's desk—they are among the knights of the green bag—they turn up their noses in the walls of all our
colleges—they are advocating British insults and murders, and domestic insurrection and havoc in every corner. We all know it—we see it—we hear it every day and read it in every federal print:
"Methought the billows spoke and told me of it,
"The winds did sing it me, and the thunder,
"That deep and dreadful organ pipe, pronounced it"
That the deadliest enemies of our liberties are cherished in the heart of our country. It were vain longer to say to them, " Come, let us reason together ," they cannot bear the light of reason: they invite more serious treatment, and must have it.
By a French Imperial decree of the 21st May, the exportation of cotton and cotton yarn is prohibited until further orders.
BRITISH NAVY.
By the British returns, corrected to the first of June, there appears to be—at sea, 99 sail of the line, 14 from 50 to 44, 124 frigates, and 332 smaller vessels. The total number of ships in commission, amounts to 154 sail of the line, 25 from 50 to 44, 174 frigates, 229 sloops, and 218 gun brigs, &c. There are also, in ordinary, and repairing for service, 53 sail of the line, and 50 sail of the line building—making a grand total of 257 sail of the line.
Carlisle, Aug. 19.
On Tuesday last arrived in this town the commander in chief of the United States army, Gen. JAMES WILKINSON. His quarters are at Christian Humrich's Inn.
New York, August 23.
A letter received in this city from a commercial house in London of the first respectability, dated 4th July, mentions, that in consequence of the numerous captures of American vessels by the privateers from ports in the north of Europe, the premium of insurance on American vessels from England to St. Petersburg, is now risen from 20 to 30 per cent. that the Danes were so rigorous in their restrictions on trade as to require an American ship, which had put into Copenhagen in distress, to land her cargo; and that the king of Denmark, in answer to a petition from the capt. for relief, replied, that he might depart in ballast, but not take an article of merchandise on any condition whatever.—The same letter adds, that the vessels which have gone from America to Europe in ballast, by special permission, are liable to capture and condemnation by the British; and if they presume to sail with return cargoes for the United States, without calling at a British port, landing their cargoes, paying duties, and taking a licence to reload and sail, they will assuredly be sent in for confiscation if boarded by any English cruisers; which principle the British government are determined to enforce. Indeed, since the revolution in Spain, there is less reason than ever to expect a relaxation in the orders of council of 11th November; and the probability is very strong, that, if she makes terms with America, it will be done without making restitution for the plunder committed on the property of our citizens by virtue of those orders.
Boston, August 22.
Yesterday arrived at this port, the brig Mercury, capt. Bradford, 52 days from Alicante, and 40 from Gibraltar. The accounts by this arrival are not so important or particular as were to be expected. He brought no papers from the latter place; but reports verbally, that the French were still in possession of Barcelona; though a party of about 1000, who were ordered from that city into the country, were met by the Spaniards and entirely cut to pieces; that Dupont's army from Madrid, had been wholly destroyed, with the loss of 7,000 Spaniards; that the French consul at Malaga with several French merchants, had been massacred by the populace; that the French were compelled to fly from every part of Spain; that the spirit of resistance to French aggression was universal throughout the country, and that but one sentiment appeared to prevail among the inhabitants—To live free or perish.
PARIS, JUNE 17.
The following order is extracted from the Madrid Gazette, of June 4, published by direction of the Minister of State Dispatches, ad interim, under the date of May 22, 1808, viz.
"His Imperial Highness, the Lieutenant-General of the kingdom, [Murat] has been pleased to order, that the ships belonging to the United States of America, which were detained in the ports of Spain, on the ground of their being visited by the English, shall be set free. (Signed) PEDRO DE CIFUENTES."
CENTRE MARKET HOUSE.
PROPOSALS for the Masons' and Carpenters' work, either jointly or separately, materials included, will be received by either of the subscribers until Monday the 5th day of September next, for building an addition to the West End of the Centre Market House, agreeably to a plan lodged with Captain James Hoban.
Thomas H. Gillie, James Hoban, Andrew Way, junr. Commissioners.
August 29th—3t District of Columbia Washington county, to wit.
ON the petition of RICHARD W. BELT in insolvent debtor confined in the prison of Washington county for debt—Notice is hereby given to the creditors of the said Richard W. Belt that on Monday the 5th day of September next at Lindsay's Hotel, in the city of Washington at the hour of 9 o'clock A. M. the oath prescribed by the act of Congress, entitled, "An act for the relief of insolvent debtors within the district of Columbia," will be administered to the said Richard W. Belt and a trustee appointed, unless cause be then and there shown to the contrary. It is ordered that this notice be published in the National Intelligencer, three times before said day.
By order of the honorable William Cranch, esq. chief judge of the circuit court of the district of Columbia. WM. BRENT, Clk.
August 27—3t
MARSHAL'S SALE.
WILL be exposed to Public Sale on the 30th day of September next, at Rhodes's tavern in Washington city, all the right, title, and interest of W. M. ESSENBECK, to LOTS numbered Two and Three in Square 257 in said city—said property is seized and sold by virtue of a writ of feri facias , issued out of the circuit court of the district of Columbia for the county of Washington at the suit of John C. Severn, against said Esenbeck.
The sale will commence precisely at 11 o'clock, A. M. Terms cash. WASHINGTON BOYD, Marshal D. C. Aug. 29—2wts
FOR RENT,
ONE OF THE SEVEN BUILDINGS, Now in the tenure of the Subscriber. Possession may be had on the FIFTEENTH DAY OF SEPTEMBER NEXT. HENRY WHETCROFT. Aug. 29—3t.
THE COMMERCIAL COMPANY OF WASHINGTON.
Now landing from on board the Schr. MARIA, capt. Fitzhugh, and for SALLB, at low prices.
Jamaica Spirit, Antigua & New England Rum, Muscovado Sugars, Molasses, Coffee, Muscatel and bloom Raisins, Holland and country Gin, Spermaceti Candles, Spermaceti Oil, Spanish Segars, Corks, Powder and Shot of the best quality, White Lead, in oil, A few crates of Stone ware. They have also on hand and for Sale, Madeira, } Wine by the cask. Marsala, } and Cataloni, } Claret in boxes of 1 doz. each, Cogniac, and } Brandy 4th proof. Bordeaux, } Hyson and Young Hyson, Tea, Best Salid Oil, Mould and dipt Candles, Soup, Whiskey, and A few Lugs of Mahogany. JOSEPH FORREST, PR. August 22—3
IN CHANCERY, JULY 22, 1808.
Bailey Eries Clark, VERSUS Thomas Rhoades.
THE object of the bill filed in this case is to obtain a decree for recording a deed dated on the 3d day of April in the year eighteen hundred and six, from Thomas Rhoades late of Montgomery county to Bailey Eries Clark, the complainant, for two tracts or parcels of LAND, the one called called Rhoades's Good Luck, and the other called Any Thing, lying in Montgomery county.
The bill states that the deed hath been duly executed and acknowledged, but hath not been recorded agreeably to law, without any fraudulent intention in the party claiming under the same—it is also stated that the defendant resides out of this state.
It is thereupon on motion of the complainant ordered and adjudged that he cause a copy of this order to be inserted in the National Intelligencer once in each of three successive weeks before the 22nd day of September next, to the intent that the said Thomas Rhoades, may have notice of the present application and of the object and intention of the present bill and may be warned to appear in this court in person or by solicitor on or before the 22nd day of January next to show cause, if any there be, why a decree should not pass as prayed.
True copy, Test NICHS BREWER, Reg. Cur. Can. August 20—3t
FIVE DOLLARS REWARD.
STRAYED or was stolen on the night of the 4th of August—a dark Chestnut Sorrel HORSE, nine years old, about 15 1 2 hands high, natural trotter, shot all round. Whoever delivers him at Mr. Rhodes's tavern, will be entitled to the above reward.
P. PURCELL. City of Washington, August 19—3t

THE COMMERCIAL COMPANY OF WASHINGTON, Have just received by the sloop CUTLER , from New York, now dis- charging at Barry's Wharf—  London Port, Madeira, } WINE , in Marsala, and } pipes & quar- Catalonia, } ter casks. Ht. Brian, and } CLARET in cases, Bordeaux, } Cognac, and } BRANDY in pipes. Bordeaux, } Muscavado Sugar, in hds. and bbls. Melasses, Coffee, the best green in bags, Limes, Imperial } TEA Hyson, and } of the latest Young Hyson } importation. Loaf Sugar, Corks, in bags, Candles, and A few crates of STONE JUGS, PIT- CHERS, &c. &c.  These goods were bought with Cash, & will be sold for a small profit, for approved notes at 60 and 90 days. Particular dealers may expect from the Company a constant supply. The highest price will be given in cash for Country Produce of every kind, delivered at their Warehouse. JOSEPH FORREST, Pr. August 5—tf
FOR SALE OR RENT. THE Hotel at present occupied by P. D. STELLE . The advantages of this situation are so well known, that it is useless to say more of it—it is conven- ient to the Capitol, is calculated for a large establishment, with stabling for 40 or 50 horses. The Bridge, rapidly progressing over the Potomac, with the turnpike road to Alexandria, also in great forwardness, will add to the many advantages this situation possesses. To a man qualified to carry on such an establishment, no situation can insure a more certain and rapid fortune. Occu- pation can be had any day before the first of October next. Apply to the subscriber, DANL. CARROLL of Dud'n Washington, August 5—eptO
NOTICE. PURSUANT to an act of the Ge- neral Assembly of Maryland, passed at November session, 1806, entitled "An act authorizing the collection of certain ground rents due on lots in the Town of Cumberland, in Allegany coun- ty," and a supplement thereto, passed at November session, 1807, Public No- tice is hereby given to all persons hold- ing unimproved lots in said town, on which ground rents are now due, that unless the said rents are paid on or be- fore the first day of December next, the said lots will on that day be offered at public sale to the highest bidder, on a credit of 60 days. The sale to be held at Mr. J. Rine's tavern in said town, to commence at ten o'clock, A. M. and continue from day to day, until the whole are sold. THOMAS BEALL , of Saml. March 21—eptds
WANTED At the Woodyard for the ensuing year a Manager, to take charge of the whole estate. He must be a sober, di- ligent and discreet man—well ac- quainted with the culture of wheat, corn and tobacco, and the management of negroes. To such a man who can produce unquestionable testimonials of his capacity, sobriety and fidelity, high wages will be given. A person not con- nected in the neighborhood will be pre- ferred. Apply to RD. W. WEST , Woodyard. N. B. Application must be made be- fore the 1st. Sept. next. May 13—eptS
By the Governor of the Commonwealth of Virginia, A PROCLAMATION.  WHEREAS it appears to the Exe- cutive by an inquisition held in the county of Northumberland, on the 21st day of September, in the year 1806, before John H. Fallin, esq. coroner for the said county, that on the 2nd day of the said month of September, in the year afore- said, a certain GEORGE GORDON , late of the county aforesaid, stands charged with the murder of a certain negro slave, named Bartley ; and it appearing that after the perpetration of the said murder, the said George Gordon did immediately, and doth still fly from justice: I have therefore thought fit, with the advice of the Council of State, to issue this proclamation, hereby offer- ing a reward of ONE HUNDRED dollars to any person or persons who shall apprehend and convey before some jus- tice of the peace for the said county of Northumberland, the said George Gor- don , that he may be dealt with as the law directs. And I do moreover here- by enjoin all officers civil and military, and exhort the good people of the com- monwealth, to use their best endeavors to apprehend and convey as aforesaid, the said George Gordon , that he may be dealt with in such manner as the law in such cases prescribes. Given under my hand, with the seal of the Commonwealth annexed, at L. s. Richmond, this 5th day of August, 1806. Signed WM. H. CABELL.  George Gordon is about five feet eight or ten inches high, is stout made, has light colored hair, blue eyes and a downd look when spoken to. It is be- lieved that he is frequently lurking in the county of St. Mary's, Maryland. August 15—2w
District of Columbia, Washington county, to wit.  ON the petition of BENJAMIN FINNICUM an insolvent debtor confined in the prison of Washington county for debt—Notice is hereby given to the creditors of the said Benjamin Finnicum that on Monday the 29th day of August instant at Lindsay's Hotel , in the city of Washington at the hour of 9 o'clock A. M. the oath prescribed by the act of Congress, entitled, "An act for the relief of insolvent debtors within the district of Columbia," will be admin- istered to the said Benjamin Finnicum and a trustee appointed, unless cause be then and there shown to the contrary. It is ordered that this notice be pub- lished in the National Intelligencer , and Washington Federalist , twice in each paper before said day. By order of the honorable William Cranch , esq. chief judge of the circuit court of the district of Columbia. WM. BRENT, Ck. August 24—2t
NOTICE. THE uncertain state of my health, rendering it doubtful, whether I shall be able to do justice to my Clients; I am compelled, (after having finished what business is on hand) to decline the practice of the Law. I shall however, be always ready to give an opinion, to any person who may chuse to consult with me. PROFESSIONAL LIBRARY. He may be accommodated by applying to me. It consists of several hundred volumes of Reporters and books of Prac- tice. The Elementary books in my possession, I shall not dispose of. HENRY MORT. Capitol Hill, August 24—3t
NOTICE. THE Partnership heretofore subsisting between the subscribers, under the firm of Philip Hines & William Defields is this day dissolved by mutual consent. All persons indebted to the said late firm, are requested to pay their respective accounts to P. Hines , and those that have demands against the said late firm are desired to call for payment on the said P. Hines , he being authorized to settle all the concerns of the said late partnership. PHILIP HINES, WILLIAM DEFIELDS. Washington city, August 24—3t
Treasurer's Office, August 24, 1808. } THE owners of Property in the city of Washington, who are indebted to the Corporation of the said city, for TAXES on their Real & Personal Property , are hereby notified, that the subscriber will attend at his Office near the The- atre, every day, (Sunday excepted) from 10 o'clock in the forenoon, till 2 o'clock in the afternoon, for the purpose of receiving the same; and that on fail- ing to make payment on or before the 24th day of September next, the taxes will be collected by distress or sale as the law directs. HENRY WHETCROFT, Treasurer of Washington city. August 24—3t
THE RT. HON. CHARLES J. FOX'S HISTORICAL WORKS.  BIRCH & SMALL of Philadelphia announce that they have just received from London, and will publish on or before the 10th September, The History of the early part of the reign of James the Second , by the Rt. Hon. Charles J. Fox , to which is prefixed a copious Address to the Reader, by Lord Holland, under whose care it was published, with an Appendix containing a correspon- dence between Louis XIV. and M. Barillon on English affairs, and other original and important papers. It will be printed in one handsome Octavo Vol. price Two Dollars & Fifty Cents , in boards, containing the whole of the whole London 4to. which cost Thirty-six shillings sterling in England. August 24—3t
A RUNAWAY FOR SALE. WILL be sold on the 27th day of August next, for his jail fees, at the jail in Washington County, District of Columbia, a black man who calls him- self JOHN , said he belonged to John Clarke of Alexandria. But has since confessed that he belongs to John P. Woodbeck of Neshannoy near Albany, state of New York, he is about forty years of age, 5 feet 5 1-2 inches high, pitted with the small pox & has lost his left eye. The sale to commence at 11 o'clock. CARTWRIGHT TIPPETT, Keeper of the Jail for Washington Boyd, Marshall. July 25—w3t
NOW DRAWING, THE CHARITABLE MARINE SOCIETY LOTTERY, Consisting of 18,000 Tickets In which are the following capital prizes— 1 prize of 5,000 dollars, 1 prize of 3,000 dollars, 1 prize of 2,500 dollars, 2 prizes of 1,500 dollars. Now is the fortunate moment—any of the above prizes may be had by apply- ing for Tickets at J. MARCH'S Book- Store, George Town. Present price of Tickets 5 1-2 dolls. but will advance as the drawing pro- gresses. It is worthy of remark that the above prizes are paid without deduc- tion, and that the whole drawing will be completed in two months from this date. August 26—3t
BALTIMORE TRINITY CHURCH LOTTERY, Positively commences drawing on the first day of November next. The Managers give notice that they have contracted with a Company of Gentlemen for nearly all the unsold TICKETS and have given them bonds that the drawing shall positively take place as above stated, and to draw 2000 tickets per week till the whole is com- pleted. SCHEME. Subject to no Deduction.    1 prize of 5000  is 5000.    1  3000    2  2000    2  1500    3  1000    6  500    20  200    35  100    70  50    175  20    500  10    5250  6    6065 Prizes, 11935 Blanks. 18000 tickets less than two blanks to a prize: sum raised 15000 Expenses including com- mission to the corporation, 90,000
Part of the Casuals will be determine as follows: 1 prize of 200 dollars to the first drawn blank. 1 do. 200 do. after 2000 tickets. 1 do. 200 4000 1 do. 200 6000 1 do. 200 8000 1 do. 1000 10000 1 do. 500 12000 1 do. 500 14000 1 do. 500 16000 1 do. 1500 17000 1 do. 2000 last drawn blank. July 20—coplm.
District of Columbia, Washington county, to wit.  ON the petition of THOMAS V. SPROGELL , an insolvent debtor confined in the prison of Washington county aforesaid for debt, notice is here- by given to the creditors of the said Thomas V. Sprogell , that on the 12th day of September next, at Lindsay's Hotel the city of Washington at the hour of 9 o'clock A. M. the oath prescribed by the act of Congress, entitled, "An act for the relief of insolvent debtors within the District of Columbia" will be admin- istered to the said Thomas V. Sprogell and a trustee appointed unless sufficient cause be then and there shown to the contrary—Ordered that this notice be published in the National Intelligencer , Washington Federalist and in the United States Gazette , published in the city of Philadelphia, three times in each paper before the fifth day of September next. By order of the honorable William Cranch , Esq. chief judge of the circuit court of the district of Columbia. WM. BRENT, Ck. August 26—3t
FOR SALE. BY virtue of an order of the hono- rable court of St. Mary's county, will be exposed to public sale, at the residence of Benjamin Tabbs , on Mon- day the 19th day of September next at One o'clock P. M. all the Personal Estate of the said Benjamin Tabbs —also his right to the one fifth part of the follow- ing tracts or parcels of LAND , to wit: Guthyers Grove , containing 202 acres, Flowers of the Forest 263 do. Charles Park 137 do. Hickory Bottom 100 do. Part of Brick-kiln and Park's addition joined with addition on which the mill commonly called the Great Mill stands, the fifth part of the mill lot, and the mill. The terms of sale are, that the pur- chaser shall give bond with sufficient security, to pay the purchase money in twelve months from the sale, for all sums above 20 dollars, and for sums of 20 and under, cash must be paid. JOSEPH STONE , Trustee. August 26—w3t
LOST, ON Wednesday evening, between George-Town & the Marine Barracks , A DIRK , dropped from the scabbard; the handle ivory and the blade much curved—the finder will be rewarded by leaving it at the Marine Barracks . Aug. 26—3t.  Orphan's Court, Prince Georges county, July 19th, 1808.  IT being represented to this court by a Petition in writing of Robert McGill administrator of Benjamin Gaither late of said county, deceased, that in conse- quence of the absence of the deceased's representatives from the state of Mary- land, and of doubts being entertained whether the said absent representatives are in existence or have left any issue to represent them, he cannot safely make distribution of the assets in his hands without the interposition of this court. It is therefore ordered, that unless the said absent representatives appear before this court on or before the 20th day of January next to receive their respective dividends, that the court will then proceed to make distri- bution of the assets in the hands of the said Rt. McGill , among the deceased's representatives residing in the state of Maryland, provided the said Robert McGill shall cause a copy of this order to be inserted in the National Intelli- gencer one a week for eight weeks be- fore the 20th day of November next. Test TRUEMAN TYLER , Reg. of Wills for Prince Georges' county. August 19—w8t
MARSHAL'S SALE. WILL be exposed to public sale on Saturday the 17th day of Sept- ber next at Rhodes's Tavern in Wash- ington city, all the right, title, and in- terest of Thomas T. Gantt to Lot No. 15 in square 293, Lots Nos. 12 and 14 in square 430, Lot No. 2 in square 12, Lots 21, 22 and 23 in square 569, and Lots 13 and 14 in square 1023, taken by virtue of a writ of Fieri Facias , issued out of the circuit court of the district of Columbia for the county of Washing- ton, at the suit of Samuel Crowder and others (for the use of William Brent ) against Thomas T. Gantt : the sale will commence precisely at 12 o'clock. Terms, a credit of 60 days and 90 days, the purchaser giving notes with approved endorsers. WASHINGTON BOYD, Marshal District Columbia. August 11—2awts
FOR RENT. A THREE STORY BRICK HOUSE in F Street, near the Bank—For parti- culars enquire of WM. COCKING , the owner and occupier. Likewise, A BRICK TWO STORY HOUSE, on 19th street west, between F and G streets north—for particulars enquire as above. August 22—3t.  CHARLES H. VARDEN MERCHANT TAILOR, RESPECTFULLY informs the gen- tlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadel- phia, A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coating, black silk Florentines. Likewise, an elegant assortment of Spangle and rich silk Moleskins for waistcoats with a variety of other articles suitable for the season. Regimentals and Navy Uniforms made in the most elegant and uniform style of fashion. Richard Horwell's celebrated patent parallel suspenders far superior to any hitherto in use can be had on the same terms retail, as at his manufactory. November 27—tf
Annapolis Md. July 15, 1808. CHARLES HENRY WILLIGMANN, RESPECTFULLY informs his friends and the public in general, that he has taken that justly celebrated INN , in this city, called the UNION TAVERN , which was formerly in the possession of Mr. George Mann . He hopes by his assiduity, and attention to give general satisfaction, and that the high character which this Inn acquired in Mr. Mann's time, and which it still has, as being one of the first taverns in the Union, will not be lessened while it remains in his possession. August 12—9t
FOR SALE, On reasonable terms THREE BRICK HOUSES Belonging to the "Washington Building Company" situated on 12th street west, near Pennsylvania avenue. The build- ings are well constructed, and of good materials and well arranged for the accommodation of private families. As calls for Houses in that part of the city have of late been very pressing; and as it is the object and policy of the Company to obtain, without making a sacrifice, funds for the further execu- tion of their Building Plan, they have concluded on this offer. Apply to Messrs. Michael Nourse & Alexander Cochran or either of them. N. B. Messrs. Radfield, Wilson, Evans & Gray , the present occupants, will give every required information. August 19—cp2w
DANIEL RAPINE, On Capitol Hill , has just received the following New Books, which he offers for sale at the lowest possible prices for which they can be pur- chased at any place in the United States. Cruise's digest of the Laws of England respecting real property, 5 vols. Booth on real actions, with references to the English and American autho- rities. The Register of arts, or a compendious view of some of the most useful mod- ern discoveries and inventions, by Thomas G. Fessenden . The American Register; or a general repository of history, politics, and sciences, vol. 2nd for 1807. Letters from England, by Don M. A. Espriella 2 vols. There is a good au- thority for saying, that this valuable little work is written by Robert Southey . The Fatal Revenge, 2 vols. by D. J. Murphy . *** D. R. has also just received Rees' Cyclopedia , vol. 8, part 2nd— Subscribers at a distance are solicited to send for their copies, and those who have not been regular in taking up the work are particularly requested to call, as the work is expensive and requires punctuality. A handsome collection of Paper Hangings and Bordering , of select patterns, for sale as above. Also a quantity of choice Chewing Tobacco , of superior quality. August 22—
LANDING THIS DAY, From on board the schooner MARIA , capt. Fitzhugh , from New York— A quantity of prime St. Croix sugar, Coffee, Melasses, Port Wine, Nutmegs, and Chocolate. Also, Gun-Powder, Imperial, and Hyson Teas, in chests, half and quarter chests and canisters of this spring's importation, For sale by ROSS & GETTY. George Town, June 20—tf
MARSHAL'S SALE. WILL be exposed to public sale on the 23rd day of September next, at Rhodes's Tavern in Washington city, all the right, title, and interest of BEN- JAMIN PERKINS to lot No. 1, in square Seventy-five in said city, together with a small frame workshop thereon; the above property is seized and sold to satisfy two writs of Fieri Facias issued out of the circuit court of the district of Columbia for the county of Washington, the one at the suit of Timothy Caldwell , and the other at the suit of Alexander Cochrane use of Hugh Smith , against said Perkins . The sale will commence at 11 o'clock, A. M. Terms cash. WASHINGTON BOYD, Marshal D. C. August 22—2awts
SALE AT AUCTION. ON Monday the 5th September, at 11 o'clock in the forenoon, (if fair, if not the next fair day) will be sold at the house of Richard Harrison near George Town , on the Frederick road — HOUSEHOLD & KITCHEN FURNITURE. Also, A strong, well finished, Philadelphia built CARRIAGE, but little used, with pilted mouldings and harness. Terms of sale—for all sums not ex- ceeding 50 dollars cash; above 50 and not exceeding 100 dollars, ninety days; all sums exceeding 100 dollars, six months credit, the purchasers to give their notes with approved indorsers, ne- gotiable at the Bank of Columbia, or the city of Washington. JOHN TRAVERS , Auc. August 22—
PROPOSALS for carrying the Mails of the United States, on the following Post Roads, will be received at the General Post Office, until the 6th day of September next. 1. From Athens in Georgia, by Ap- palachy , Flint River , and Coweta to Tuckabatchy on the Mississippi territo- ry estimated at 230 miles, once a week. Leave Athens every Saturday at 1 p. m. and arrive at Tuckabatchy the next Tuesday by 8 o'clock p. m. Leave Tuckabatchy every Wednesday at 4 a. m. and arrive at Athens the next Saturday by 10 o'clock a. m. 2. From Tuckabatchy by Majors Creek on Alabama , or Tensaw to Fort Stoddert , estimated at one hundred and seventy-three miles, once a week. Leave Tuckabatchy every Wednes- day at 4 o'clock a. m. and arrive at Fort Stoddert the next Saturday by 10 o'clock a. m. Leave Fort Stoddert every Saturday at 2 p. m. and arrive at Tuckabatchy the next Tuesday by 8 p. m. 3. From Fort Stoddert to Farre's on Pearl River estimated at 160 miles, once a week. Leave Fort Stoddert every Saturday at 2 p. m. and arrive at Farre's the next Tuesday by 8 o'clock p. m. Leave Farre's at Pearl River every Wednesday at 4 o'clock a. m. & arrive at Fort Stoddert the next Satur- day by 10 o'clock a. m. 4. From Farre's on Pearl River to New Orleans , once a week. Leave New Orleans every Monday noon, and arrive at Farre's on Tuesday by 8 p. m. Leave Farre's every Wed- nesday at 4 a. m. and arrive at New Orleans on Thursday by noon. NOTE 1. If the depending mail shall not have arrived at the time fixed for departure, the contractor shall be bound to wait for it, provided it arrives within six hours after such fixed time. NOTE 2. For every failure, and for every delay which shall continue so that the depending mail loses a trip, the contractor shall forfeit double the pay he would have received for such a trip, unless the failure shall have been occa- sioned by unavoidable accident; and in that case, the amount of the pay for such trip shall be forfeited, so that no pay shall be made unless the service is performed. NOTE 3. For every hours delay, the Contractor shall forfeit one dollar; but no for- feiture for the delay of any one trip can exceed double the value of such trip. The contracts are to commence on the 1st day of October next, and continue in force until the 31st March 1808. General Post Office, July 20th, 1808.
20 DOLLARS REWARD. ESCAPED from the subscriber on the road leading from George Town towards Leesburg , about 15 miles from the former place, a negro man named LUKE , about 35 years of age, 6 feet high, dark skin, two of his upper fore teeth are out, he has a down cast look, and generally speaks in a low voice; his clothes and name he will probably change, I purchased him of Mr. Theo- philus Hughes to take to my residence in Kentucky , he has had several mas- ters about Madensburg , and he will certainly be lurking about that place as he has a wife, the property of Mr. Isaac Barrett near Madensburg . I have appointed Mr. Everard Gary of George Town my agent, and the above reward will be paid by him to any person who will deliver the said Luke to Mr. C. Tippett in the city jail. SAMU. McLEAN. July 25—6w
FOR SALE. FOUR HUNDRED acres of land ad- joining land of Samuel Asarn , lying in Beaver Township , Northumber- land county , state of Pennsylvania — exchanged for merchandise or good property well situated in this city. For terms apply to JOSEPH WHEATON. Washington City, May 18—wtf