The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-11-28 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. IV. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLXXXIV.
FIVE DOLLS. PER ANN.
MONDAY, NOVEMBER 23th, 1803.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, Oct. 27, 1803.
Debate on carrying LOUISIANA Treaty into effect.
The House resolved itself into a committee of the whole—Mr. John C. Smith in the chair—on the bill from the Senate, entitled;
"An act to enable the President of the United States to take possession of the Territories ceded by France to the United States, by the Treaty concluded at Paris on the thirtieth of April last; and for other purposes."
The bill having been read by paragraphs as follows:
Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby authorized to take possession of, and occupy the territories ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth day of April last, between the two nations; and that he may for that purpose, and in order to maintain in the said territories the authority of the United States, employ any part of the army and navy of the United States, and of the forces authorized by an act passed the third day of March last, entitled, "An act directing a detachment from the militia of the United States, and for erecting certain arsenals," which he may deem necessary; and so much of the sum appropriated by the said act as may be necessary, is hereby appropriated for the purpose of carrying this act into effect; to be applied under the direction of the President of the United States.
Sec. 2. And be it further enacted, That until Congress shall have made provision for the temporary government of the said territories, all the military, civil, and judicial powers, exercised by the officers of the existing government of the same, shall be vested in such person or persons, and shall be exercised in such manner, as the President of the United States shall direct.
MR. J. RANDOLPH said he was apprised that the bill was of such a nature as seemed to delegate to the President of the United States, a power the exercise of which was intended to have but a short duration; he was also aware that some such power was necessary to be vested in the executive, to enable him to take possession of the country ceded by France. But he could conceive no cause for giving a latitude, as to time, so extensive as that allowed by the second section, which says that "until congress shall have made provision for the temporary government of the said territories, all the military, civil, and judicial powers, exercised by the officers of the existing government of the same, shall be vested in such person or persons, and shall be exercised in such manner, as the President of the United States shall direct." If we give this power out of our hands, it may be irrevocable until congress shall have made legislative provision; that is, a single branch of the government, the executive branch, with a small minority in either House, may prevent its resumption. He did not believe that under any circumstances it was proper to delegate to the executive a power so extensive; but if proper under certain circumstances, he was sure it was improper under present circumstances. As he conceived it proper to deal out power to the executive with as sparing a hand as was consistent with the public good, he should move an amendment to substitute in the place of the words "Congress shall have made provision for the temporary government of the said territories"—these words "the expiration of the present session of congress, unless provision for the temporary government of the said territories be sooner made by congress." So that if congress shall make provision for the government of the territory at any time during the session, the power of the President will cease, and at any rate at the expiration of the session. In other words this amendment will compel congress to take early measure for reducing this enormous power, delegated to the executive, by the establishment of a government for the people of Louisiana.
MR. GRISWOLD moved to strike out the whole of the second section, which would supersede the motion of the gentleman from Virginia. He made this motion to obtain an explanation respecting the
nature and extent of the delegated power. That section provides "that until Congress shall have made provision for the temporary government of the said territories, all the military, civil, and judicial powers, exercised by the officers of the existing government of the same, shall be vested in such person and persons, and shall be exercised in such manner, as the President of the United States shall direct." I wish to know, said Mr. Griswold, whether any gentleman can inform me what the military, civil, and judicial powers, exercised by the officers of the existing province are; for we are about to confirm them, and direct their execution by the authorities of the United States.
It is probable that some of them may be inconsistent with the constitution of the United States. We have certain restrictions on powers exercised under it. For instance, that the Habeas corpus shall only be suspended in cases of invasion or rebellion, and a variety of other restraints. It is for this reason that I think we ought to have some knowledge of the powers exercised in Louisiana, before we confirm them in the lump; and in order to obtain this information I move to strike out the section.
MR. ELLIOT rose to second the motion of the gentleman from Connecticut, and to express his coincidence in the sentiments of that gentleman on that subject. He would never consent to delegate, for a single moment, such extensive powers to the President, even over a territory. Such a delegation of power was unconstitutional. If such a provision as that contemplated by the section were necessary, it became Congress itself to enter upon the task of legislation.
MR. J. RANDOLPH had hoped that some other member would have given the gentleman from Connecticut the satisfaction he asked in relation to the provisions of the section proposed to be stricken out. No one having risen, he would do it himself as well as he was able. That gentleman asks whether we know the civil, military and judicial powers that subsist in Louisiana, and contends that it is necessary we should know them before they are transferred to the executive of the United States. If the section were to stand as it now does, Mr. R. said he would be as unwilling as the gentleman from Connecticut to agree to it. But with the proposed limitation he saw no substantial objection to it. He was one of those who did not know with precision what the existing civil, military and judicial powers exercised in Louisiana were, and yet he saw not the difficulty which the gentleman had stated as to the temporary transfer of the powers to the executive with the limitation proposed. And wherefore? Because in the nature of things it was almost impossible to take possession of the country without the exercise of such powers at some point of time, and if they should be exercised but for a single moment, such exercise would be as hostile to the principles of the gentleman as the exercise of them for a whole year. I ask said Mr. R. whether if the country should be taken possession of on the principles advocated by the gentleman on a former day, these powers would not all have attached to the executive? Suppose instead of assuming the civil government of the territory, it had been taken possession of by us, arm, by an army of 40 or 50,000 soldiers—Will the gentleman contend that under such circumstances, the privilege of the Habeas Corpus or trial by jury would have been invaded? Undoubtedly not—If the gentlemen will advert with precision to the 1st section, he will perceive that it is contemplated to take possession in such a manner as will give the United States security in that possession. For though we might not doubt the disposition of the government of France to give us a secure possession, or apprehend difficulty from any other quarter, yet it would be recollected that there were citizens or subjects in the territory requiring some government. It was not impossible that on taking possession there may be some turbulent spirits, who having at heart the advancement of personal schemes, may be disposed to resist. It would be unwise then in Congress to delay making the requisite provision, until necessity claimed it, and until, perhaps, after Congress had adjourned.
Gentlemen will see the absolute necessity of the path chalked out by the Senate. They will see the necessity of the United States taking possession of the country in the capacity of sovereigns, in the same extent as that of the existing government of the province. After having taken possession, and being in the secure enjoyment of the country, it
will be extremely proper to guard against any apprehended executive invasion of right—This step will then be politic, and it will be observed that the section as amended enjoins this duty upon Congress. If, however the gentleman from Connecticut will show us any way, in which the country may be taken possession of, with security, and by which the people may enjoy all the rights and franchises of citizens of the United States immediately, I shall be happy to give it the sanction of my vote. But to my mind this appears impossible.
MR. GRISWOLD thought it extraordinary that the gentleman from Virginia should call upon him to propose a plan for avoiding the difficulties that would apparently result from the system proposed by the bill; when it had only that day been laid upon their tables, and had been yesterday referred to a referred to a select committee; and of consequence, no time for reflection had been allowed. Under these circumstances, it was indeed extraordinary that he should be expected to propose a plan. He confessed he was unable to offer any. To do it would doubtless require time and deliberation. It was sufficient for him that the bill infringed the constitution. By the second section it is proposed to transfer to the President of the United States all the powers, civil, military and judicial, exercised at present in that province. What are those powers? No gentleman is able to inform me. It may be presumed that they are legislative; the President, therefore, is to be made the legislator of that country; that they are judicial; the President, therefore, is to be made judge; that they are executive, and so far they constitutionally devolve on the President. Hence we are about making the President the legislator, the judge, and the executive of this territory. I do not, said Mr. G. understand that, according to the constitution, we have a right to make him legislator, judge and executive in any territory belonging to the United States. Though, therefore, on this occasion I feel no jealousy of the abuse of the powers conferred on the President, yet I cannot agree to them, because I consider them repugnant to the constitution.
The argument that the powers are necessary, though unconstitutional, is no argument with me. If gentlemen can so explain the section, as to show to the satisfaction of the committee that it is competent to this house to transfer to the President all these powers, I shall have no objection to the section; but until this is done, it is my duty to vote for striking it out. And though it is impossible for me, at this moment, to devise a plan for overcoming these difficulties, yet, I trust, if time be allowed, there will be found wisdom enough in the committee to devise one. To the first section, authorizing the taking possession of the country, so far as I can understand it, I can see no objection.
MR. NICHOLSON was opposed to striking out the second section, as he did not perceive the evils contemplated by the gentleman from Connecticut. The question is whether we shall take immediate possession of this country, or wait till this body shall have time to form such a government as shall be hereafter likely to render the people happy under laws according to the provisions of the constitution. I think, said Mr. N. it will be injudicious to delay taking the possession, until such a government shall be formed. The only question then that can be started is whether the second section of this bill violates the constitution. On this point I differ entirely from the gentleman from Connecticut. I do not see in it any violation of the constitution. The gentleman supposes that by adopting the provisions of the 2nd section we shall vest all the civil, military, and judicial powers of the existing government of Louisiana in the President. But it clearly is not so. We vest in him the appointment of the persons who shall exercise these powers, but we do not delegate to him the exercise of the powers themselves. Is there any difference between this, and the provisions of the ordinance of 1785, which relates to territorial governments? By that ordinance, and I have never heard its constitutionality questioned, all the civil, military, and judicial powers are vested in such persons as the President may appoint. Judicial powers are vested in persons appointed by the President; so with respect to the civil and military powers; and the legislative powers are vested in a body, part of which is appointed by the President. I am, with other gentlemen, unable to say what are the nature and extent of the powers exercised by the present government of Louisiana.
But we must authorize the taking possession of the country, and we must in such event authorize the exercise of these powers, viz. the exercise of military power by an army, the judicial powers by judges, and the other necessary powers by other officers; and unless Congress shall vest the President of the power of appointing these officers, it will be vested in him by the constitution. I repeat it; these powers are not delegated to the President, but to such persons as he may appoint. I know the old axiom, qui facit per alium facit per se ; but it does not apply in this case. It is possible that these appointments may be conferred on persons in the ceded country, or the persons may be sent from the Atlantic states, or from the Mississippi territory; but be this as it may, some persons must be appointed to exercise these powers until Congress shall establish a new government.
DR. MITCHELL expressed his wish that the section of the bill might stand. To strike it out would be to make void all the proceedings respecting the province of Louisiana, on which Congress had been engaged with so much care and diligence. We had purchased the country, and made arrangements to pay for it; and now with the consent of France possession is to be taken; when behold! an objection is made to that part of the intended statute which confers on the President the power to occupy and hold it peaceably for the nation.
The motion to obliterate the second section of the bill, is grounded on the danger to be apprehended from an enlargement of the Presidential power. And it is alleged that if the section should receive the vote of the House, all military, civil and judicial authority would be thereby centred in the Executive. It was declared to be unconstitutional in Congress to delegate such vast and unlimited authority, and even if the constitution permitted it, there would be great indiscretion in the delegation of such power.
For his own part, Mr. M. said he was strictly tenacious of the rights reserved to the people. He was equally regardful of the privileges belonging to the states. He was a zealous advocate too, of the powers secured to the national legislature by the constitution. In taking possession of the ceded country, in the manner proposed by the bill, there was no violation of the rights of the citizens, no usurpation of the privileges of the republics, nor any infringement of the great national deed of settlement. The jealousy expressed by some gentlemen against the accumulation of excessive power in the Chief Executive Magistrate was excited by slight circumstances. Mr. M. was totally averse to the creation of a dictator; nor did he discern any thing tyrannical or despotic lurking in the paragraph which had been spoken of in such odious terms. The mischief complained of was rather imaginary than real.
But, let it be examined fairly what Congress are meditating to do. The third section of the fourth article of the constitution contemplates that territory and other property may belong to the United States. By a treaty with France the nation has lately acquired title to a new territory with various kinds of public property on it or annexed to it. By the same section of the constitution, Congress is clothed with the power to dispose of such territory and property, and to make all needful rules and regulations respecting it. This is as fair an exercise of constitutional authority as that by which we assemble and hold our seats in this House. To the title thus obtained, we with now to add the possession; and it is proposed that for this important purpose, the President shall be duly empowered. There is no person in the nation, to whom this can be so properly confided as to the President. Besides being the head of the Executive department, he is indebted for his promotion to that exalted place, to the suffrages of electors chosen from the people. And the people of the United States can have no serious or solid objection to the part of the bill now proposed to be expanded, which authorises the man of their confidence and choice, to take possession of Louisiana in their behalf.
It has been said that all civil, military and judicial powers are to be confounded and confounded in the President. There is no such thing meditated, Mr. Chairman, in the bill. The President is not to officiate in either of these capacities personally in Louisiana. He is only to direct in whom the authority now existing in the French or Spanish officers of the province, shall vest when our government shall have gained the possession of it; and in what manner
that authority so transferred shall be exercised by those to whom it shall be by him delegated. In all this, the President does not so much himself act, as he puts other persons in a condition to act. In the accomplishment of the object the President would indeed provide for the performance of civil, judicial and military duties; but in effecting these he would only appoint the officers and give directions as to their manner of proceeding, but he would not himself be either a legislator, a judge, or a colonel of the militia of New Orleans. He was in short only the organ by which certain acts necessary to be done, and incidental to gaining the actual possession of the country, could be performed. And if ever the plea of adopting measures necessitate could be made, it was on such an occasion as this.
Dr. M. then drew a parallel which he hoped would be agreeable to the opponents of the bill, between the powers intended to be vested in the President of the United States and those which according to the law and usage of England were inherent in the king. According to the true theory of the British constitution, the sovereign was the chief judiciary officer and president in his courts; he was also the head of the established church, and of course the great spiritual president of the realm; in him also were deposited the important concerns of war and peace. Yet the writs were tested in his name, it was notorious that he now-a-days never went personally and took a seat on the bench. He did not take upon himself the performance of sacerdotal functions, nor act the part of a bishop or archdeacon. Neither did he go forth into the field of battle, and do the duties of a general or a quarter-master. Yet the king had a qualified superintendence over all these great departments of the public business, which it was not expected he should perform in person, but cause to be performed by his persons of his appointment. So it was with the President in the present case. He was not supposed by any body, to be sent into Louisiana, to act personally in either a civil, military or judicial character. The spirit and meaning of the bill went no further than to authorise him to employ such men as he should judge capable and worthy of these several kinds of trusts. And so far Mr. M. said in the present case, he was entirely willing to delegate the power by law. It would not be permanent, but ad interim only. There was a provision in the section against the perpetuity of this power, by the resumption of it as soon as Congress should have collected information enough to establish a temporary government. And this might in all probability be done during the present session. Mr. M. owned, however, that he should think the bill rather more complete, if there was a limitation in it as to the amount of expence which would be necessary to carry it into effect, but as he observed a reference in it to the act passed on the 3d of March last, which act contained a limitation as to the sum of money which might be expended, he thought there was no need of moving an amendment for that purpose. As therefore there was nothing like a claim of prerogative on the part of the Executive, but on the other hand a constitutional and sound deposit of powers in him by Congress, Mr. M. hoped the motion to strike out would not prevail.
MR. GREGG thought the section might be retained, and yet the inconvenience apprehended by the gentleman from Connecticut be obviated by a final amendment; to wit, by adding, after the word manner , "not inconsistent with the constitution of the United States." Mr. Gregg had no fears of the exercise of the powers vested in the President by this bill, or that he would not concur in relinquishing them when Congress may establish a temporary government for the territory. If the gentleman from Connecticut withdrew his motion, he would offer the amendment he had stated.
MR. DANA said if the amendment, proposed by the gentleman from Pennsylvania, were inserted, it might imply that we may pass laws that were unconstitutional, it was, therefore, superfluous; it is objected to the scope of the second section, that it is unconstitutional, insert the amendment, and it nullifies it. The gentleman from New York (Dr. Mitchell) has referred to a subject with which he is well conversant. He is correct in stating that the formal style of the English acts is in the name of the king. In the formal style of the acts of parliament, the king is legislator; but will it be inferred from this circumstance

that he is the real legislator? The gentleman is so well acquainted with the constitution and laws of that country not to know that the king, though nominally the dispenser of justice, cannot himself sit upon the bench; and that this has been the case since the act of settlement. He might, in support of this position, refer to the declaration of a celebrated chief justice of England, who had said that the honour of the crown had nothing to do with the courts of justice.
The gentleman is equally unfortunate in his remarks on the power of Congress to make rules for the government of a territory. It is objected to this, that in this case you make no laws at all. Is it to make laws, to say a man may do as he pleases? The proposed government is not even provisional or circumscripted. Insufficient also is any argument deducible from the ordinance establishing territorial governments. He presumed the ordinance alluded to was that of 1787. Under that ordinance the President is authorised to appoint the judges of the territory; but, once appointed they hold their offices during good behavior. Who, under that ordinance, make the laws? Neither the judges or the President; no laws can be accepted but such as have received the sanction of a representative body. What is proposed by the bill? that all powers, military, civil and judicial, exercised by the officers of the existing government, shall be vested in such persons, and shall be exercised in such manner, as the President shall direct. He may, under this authority, establish the whole code of Spanish laws, however contrary to our own; appoint whomsoever he pleases as judges, and remove them according to his pleasure; thus uniting in himself all the power, legislative, executive and judicial. This, though a complete despotism, gentlemen may perhaps, say is necessary. If so, let the military power be exercised by the President as commander in chief of the armies.
MR. VARNUM observed that it seemed to him that gentlemen who had made a constitutional difficulty respecting the provisions of this bill, and those of the treaty, had, in their arguments, mistaken their ground on the same point; and that they were objecting to the constitutionality of things not within the constitution. During the previous discussions, as well as on this day, he thought that as to the retention of the free navigation of the Mississippi by Spain and France, the sovereignty of the ceded territory was not completely vested in the United States until the end of twelve years. We acquire the sovereignty over that country under certain terms; we have not at once all of it that relates to trade. There could, therefore, be no unconstitutionality in carrying the treaty into effect on the ground taken by gentlemen.
He considered the objections made to the second section of the bill under consideration of the same nature. We are told that we are about to authorise the exercise of power over the ceded territory not authorised by the constitution. He would ask if the constitution were to take effect as soon as the United States take possession of the territory? On this point he would refer to the treaty. It provides that "the inhabitants of the ceded territory shall be incorporated in the union of the United States, and admitted as soon as possible." How incorporated? By a legislative act? No, — "According to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of the citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess."
In what mean time? There is a time when the country is acquired, and a time when it will be admitted into the union. Between these periods, in the mean time, the people are to enjoy their liberty, property, and the religion which they profess. I, said Mr. Varnum, can devise no way of their enjoying these rights, until admitted into the union, but by their continuing under the government of the laws of Spain. The Senate have made provision for carrying into effect this part of the treaty, and it cannot be carried into effect in any other way. I am, therefore, against striking out the section, and think the amendment unnecessary.
MR. EPPES said the only question before the committee was whether it was important to take possession of this country, or not. If a proper view be taken of the proposition of gentlemen opposed to the present measure, though they profess to be the friends of the people of that territory, it will appear in fact to disfranchise them. What will be the effect of striking out the second section of the bill? If the President take possession of the country, what will be the situation of the people? The moment he takes possession, the Spanish government ceases. By what laws then will they be governed? He had never expected from that quarter of the House such a proposition. He had expected from their uniform professions, that an attachment to order and good government was with them an universal senti-
ment. He hoped, therefore, before the committee concurred with them in striking out the section, some substitute for the government of these people would be offered.
MR. EUSTIS said it was possible the bill under consideration might in its details be objectionable, but in principle it was certainly sound. The government of the United States has a constitutional right to acquire territory, and they have consequently a right to take possession of it when acquired. The taking possession of it was not only the right, but the duty of the government. And how is this to be effected? Will any gentleman venture to propose a delay until Congress shall have passed a new code of laws? Are gentlemen, at this late day to be informed that this would be to throw away one of the most valuable acquisitions made by our country, since the adoption of the constitution, or the Declaration of Independence? As the gentleman, last speaking, rightly observes, the entire government of Spain ceases on our taking possession. Are we then to abandon the people to anarchy?
As to the extent of the power vested in the executive, it arises from necessity. This is a new case altogether. There is no doubt that on many particular subordinate points respecting the secure possession of this country, difficulties may present themselves. But Mr. E. presumed and expected that the same wisdom, that acquired it, would preside over the councils of the nation to meet and overcome those difficulties. The second section of the bill contemplates the transfer to officers of the United States, of the same powers now exercised. It may be that the exercise of all these powers will not be necessary; while it is possible that others may be necessary. There may be difficulties of various kinds. He should name none. But as they arise, it will be the duty of the government to be prepared to meet them. He would, therefore, wish this act rather to increase than curtail them; and that the President should be authorised not only to continue all necessary existing powers, but to institute such other powers as may be necessary for the well-being of the territory. Till when? Until this House and the other branch of the legislature shall make the necessary laws. The powers delegated by the bill are imposed by the imperious circumstances of the case. What if forcible possession shall prove necessary, and the innocent inhabitants should be slaughtered, through a want of the powers necessary to preserve tranquility and good order; whose will under such circumstances will be the governing one? Will not the President, in such event, have all the powers now given him?
MR. EUSTIS said he must confess that the objections made to the temporary government of the country arose from a quarter, which, by opposing every step taken to acquire it, greatly weakened, in his mind, the force of the arguments urged. He recollected when, during the last session, two millions of Dollars were proposed to be appropriated towards the acquisition of this important object, it had been objected to on different grounds—there was then no objection to the constitutionality of the acquisition. He should not, however, go into a detail of the arguments urged on that occasion. Those who were present well remembered them. Those objections were surmounted; and the territory was acquired. After the acquisition, what were the objections of gentlemen? Objections were made that were calculated to weaken our title, and to strengthen that of Spain; and it was further contended that we had no constitutional right to acquire the territory. These surmounted, what followed? We were then told that we had no right to guaranty to the people the right of citizenship, although the gentleman, who urged this difficulty, answered himself in the same breath by saying the constitution had not provided for such a case. That objection removed, what is the last, and present difficulty? Though called upon to take immediate possession of this territory, you are told you are not to govern it. This is the amount of the arguments of gentlemen, for if you do not govern it in this way, you can govern it in no other. Mr. E. saw no other alternative; there was no possibility of any other course. He was, therefore, happy to see nothing in the constitution that forbade pursuing it. On the contrary it arose imperiously from the acquisition; and the same objections that were now so strenuously insisted upon, would lead to the adoption of those very measures which had been reprobated by both branches of the legislature, and by a great majority of the American people.
MR. ELLIOT said as he had the misfortune to differ, on this occasion, from the gentlemen with whom he generally voted, he should take the liberty of stating his objections to the section moved to be stricken out. He was persuaded there would not be imputed to him, for so doing, the least wish to embarrass the accomplishment of the important object of the secure possession of Louisiana. No—the opinions he entertained were dictated by a wish to acce-
lerate the taking possession. He would endeavor to shew that his view of the subject was that taken by the President of the United States. By the law of nations, on the acquisition of country by cession, the laws of the nation ceding continue in force until the laws of the nation acquiring the territory supersede them. What then is necessary to carry this treaty into effect? It is necessary to make the appropriations; this the House have already determined to do. It is necessary to enable the proper authority to take possession of the country. That is done by the first section of this bill. These measures carry the treaty into effect; and the temporary government is immediately consequential.
But it is said, if the President is authorised to take possession, and there shall be no other provision made by Congress, a military government will exist, and will disturb the rights of the people as guaranteed by the treaty. No such thing; for the military power will take possession in subordination to the civil authority. To shew that the President entertained this view it was only necessary to advert to the language of his Message at the commencement of the session. He therein says,
"With the wisdom of Congress it will rest to take those ulterior measures which may be necessary for the immediate occupation, and temporary government of the country."
It is evident that the President considers a temporary government as one of these ulterior measures. In his subsequent message, he alludes to the same temporary government as an ulterior measure—He says, "the ulterior provisions also suggested in the same communication, for the occupation and government of the country, will call for early attention. Such information relative to its government, as time and distance have permitted me to obtain, will be ready to be laid before you within a few days."—This information we have not yet received; and it is but proper that we wait for it.
MR. E. apprehended no danger from a military government; information will be soon communicated, and in a few days we will be enabled to establish a temporary government on the information we shall have received. He could not reconcile the second section with the constitution of the United States; he believed that the constitution delegated the legislative power to Congress, and not to the President; and that it not only precluded the President from exercising it, but likewise forbade our delegation of it to him. He repeated, what he had before observed, that he had full confidence in the President; but he objected to this delegation of power on principle; he had sworn to support the constitution, and believing that, under it, Congress, and Congress only had the power of legislation, he must be against delegating it to the President.
MR. R. GRISWOLD would agree to withdraw his motion for striking out the section, if he thought that the amendment suggested by the gentleman from Pennsylvania (Mr. Gregg) could have the effect contemplated; but he believed it would not remove his objection, which was that the powers, stated in the section, could not be delegated in the manner proposed; therefore to say, that when delegated, they shall not be exercised, was saying nothing, or saying that they should not be delegated. The gentleman from Maryland (Mr. Nicholson) has not taken his ground with his usual accuracy. He has said that these powers are not transferred to the President, but to the officers appointed by him. True; but how are they to be executed? As the President shall direct—therefore the officers are to be viewed as under subjection to the President, and the powers to be exercised as he shall direct. Virtually then they are to be exercised by the President, and are, in fact, transferred to him; and if we cannot transfer to him the power of legislation and judging in any one territory, we cannot in this, and the act is a violation of the constitution.
There is another objection to the power reposed in the President by this section. The constitution provides that "he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of department." Now, by the section of the bill under consideration, power is given to the President to appoint all the officers in the province from the governor down to the lowest officer. Gentlemen will not say that the office of governor or judge is one of the inferior officers contemplated in the constitution. They had never been so considered. In all the arrangements of appointments for the territorial governments, the sanction of the Senate had been required for the governors, judges, secretaries, &c. whereas, in this instance, the President is clothed with power to appoint all the officers in the territory. He apprehended that such a
power could not be constitutionally given.
MR. GRISWOLD said he had no wish to retard the enactment of the necessary laws for taking possession, which ought to be immediately done; and he expected if this section were stricken out, the wisdom of Congress would devise a proper provision.
A gentleman from Massachusetts (Mr. Eustis) not content with the extensive delegation of power made by this bill, is for giving to the President all power; the effect of which would be, not only to make him king, but grand inquisitor likewise.
MR. EUSTIS explained, and said that he was for giving all powers necessary for the welfare of the territory.
MR. R. GRISWOLD. The powers proposed to be conferred by the gentleman, are without limits. It may be necessary for the welfare of the people, to secure their religion. The President may be, therefore, constituted grand inquisitor:—he may also be made a king, and likewise a judge, for the good of the people. I am not, said Mr. G. willing myself to give him such extensive powers. I can, however, well account for certain gentlemen urging on this occasion the old French argument of "imperial necessity." But such a pretext can never justify me in giving a vote that will violate the constitution. I can, in truth, see no such necessity, as provision can be made for admitting these people to the enjoyment of all the privileges, stipulated by the treaty without involving a violation of the constitution. Gentlemen may criminate, as they please, the motives of those who are for restraining this extension of executive power; but I trust, whatever may be the feelings of gentlemen, that the committee will not be impressed with the same opinion entertained by them; but that if they consider this delegation of power as repugnant to the constitution, they will not agree to it, or, in other words, to the investiture of the President with absolute power over this province. If, on the other hand, they think the delegation constitutional, they will feel no repugnance to agreeing to it; because, as I observed before, the power will be of short duration, and will not, probably, be abused.
As to the idea of some gentlemen, that this territory, not being a part of the United States, but a colony, and that therefore we may do as we please with it, it is not correct. If we acquire a colony by conquest or purchase—and I believe we may do both—it is not consistent with the constitution to delegate to the President even over a colony thus acquired all power, legislative, executive, and judicial; for this would make him the despot of the colony. Mr. G. concluded his remarks by observing that he had no jealousy of the abuse of this power by the President; but not being, in his opinion, authorised by the constitution he could not agree to vote for it.
MR. JACKSON considered the second section of the bill as repugnant to the constitution; but if this were not the case, he had other objections to it. He thought it important to take immediate possession of the country, and was deeply interested as the representative of constituents who lived on the waters connected with the Mississippi; still he did not think it proper to be premature in establishing a system of government: So far as relates to the taking possession, said Mr. J. let us then adopt immediately the necessary measures. But so far as relates to the formation of a government, let us take time for it. I would prefer an inter-regnum to doing any thing which should militate against the constitution, or principles that have been long respected. I wish not to adopt the principle of the right of this House to delegate such extensive powers for even one day; for if they possess the right of delegating them for one day, they possess the co-extensive right of delegating them forever. Let us not then delegate them at all. It is my wish to be consistent. I have always been against delegating extensive power to the Executive; and I know not of any power so extensive before delegated. But gentlemen say it is incumbent on us to take immediate possession. For this the first section of the bill is amply sufficient; and I cannot see the inconvenience of postponing the other part of the bill for a few days; particularly if the ideas of the gentleman from Vermont (Mr. Elliot) are correct, that the laws of the ceding country will remain in force until superseded by those of the country that has acquired the territory. The gentleman from New-York fears no danger in giving to the President despotic power over this territory for a few days.
Dr. MITCHELL explained, and observed that the gentleman had mistaken his remark. His object was to shew, that though the power might appear to be despotic, yet that it really was not so.
MR. JACKSON said he understood the gentleman as he had explained. If the power delegated carried with it such an appearance, it ought to be a sufficient reason for rejecting it. The gentleman from Massachusetts (Mr. Varnum) has observed that we do not acquire the exclusive sovereignty of this territory till the expiration of
twelve years after the ratification of the treaty. In this opinion I differ from him, for if we do not possess the exclusive sovereignty, it would be impossible for us to legislate, as the act of legislation is the highest attribute of sovereignty.
When I recur to the constitution I find that though it does not expressly say the legislative, executive, and judicial powers shall be distinct, as some constitutions lately formed do, yet it amounts in fact to the same thing, by delegating special powers exclusively to particular departments. I believe also the President to be inimical to the extension of executive power. I am not afraid of delegating such power, if not inconsistent with the constitution, because I have so much confidence in the President, as to be convinced that he would not abuse it. But I believe principle ought, under all circumstances, to be respected; & under present circumstances, tho' we may have a President so congenial to our wishes. What, if hereafter we should deem it important to oppose the delegation of such power; gentlemen then, in favor of such a delegation will say, here is a precedent set by yourselves, and thus preclude us, on the score of consistency, from opposing the measure.
I did intend to say something about the right of the United States to acquire territory; but the gentleman from Connecticut (Mr. Griswold) having acknowledged the right to acquire it either by purchase or cession, renders all further remarks on this point unnecessary. (To be continued.)
(BY AUTHORITY.)
AN ACT
To repeal the act, entitled "An act to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, intitled "An act to regulate the collection of duties on imports and tonnage."
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed on the fifth day of April, one thousand eight hundred, intitled, "An act to allow a drawback of duties on goods exported to New Orleans, and therein to amend the act, intitled "An act to regulate the collection of duties on imports and tonnage," be, and the same hereby is repealed.
NATHL. MACON,
Speaker of the House of Representatives.
JOHN BROWN, President
of the Senate, pro tempore.
November 25, 1803.
APPROVED,
TH: JEFFERSON.
FOR SALE,
At DUANE'S STORE, PENNSYLVANIA AVENUE,
The Temple of Truth,
Or a Vindication, of various passages and doctrines of the
Holy Scriptures,
Lately imprinted in a Deistical publication printed in Philadelphia—together with
A REPLY
to two Theological lectures, delivered in Baltimore by ELIJAH PALMER,
BY JOHN HANGROVE,
Minister of the New Jerusalem church, Baltimore.
Nov. 28—3t
Public Sales.
ON Saturday the 10th day of December next, at the farm of the late Mr. THOMAS DICK near Bladensburg, will be exposed to public sale the whole of the personal property thereon, consisting of horses, cattle, sheep, hogs, the crop on hand, waggons, carts, plantation utensils, &c. Credit to the first of July next on all sums exceeding ten pounds currency, will be given on granting bonds with approved security bearing interest from date.
And on Saturday following, being the 17th day of December, at the late dwelling house in Bladensburg of the said Mr. Dick deceased, will be exposed to sale in like manner and on similar terms the furniture of every kind appertaining to the farm. Also a coach with harness for two horses.
JOHN LAIRD, Executor.
November 24—cpty;D
Ellicott's Journal.
Just opened and for sale by
RAPINE, CONRAD, and Co.
NEW JERSEY AVENUE.
The journal of Andrew
Ellicott, late commissioner on behalf of the United States, for determining the boundary between the United States and the possessions of his Catholic Majesty in America, containing occasional remarks on the situation, soil, rivers, natural productions, and diseases of the different countries on the Ohio, Mississippi, and Gulf of Mexico, with SIX MAPS, comprehending the Ohio, the Mississippi from the mouth of the Ohio to the Gulf of Mexico, the whole of West Florida, and part of East Florida. To which is added an appendix containing astronomical observations, &c.
Nov. 28.
NOTICE.
ALL who are indebted to the estate of John Crookshank deceased are requested to make immediate payment to, CHARLES GLOVER, Admr. George Town, Nov. 25—tf

WASHINGTON CITY.
MONDAY, November 28.
We learn that the President of the United States has received from Louisiana, specimens of SALT, taken from the extensive mountain of that substance, and of Plaster of Paris, of which article there are said to exist great masses in Louisiana.
Since Thursday, the SENATE have not been occupied with the discussion of the amendment to the Constitution relative to the election of President and Vice President. The further consideration thereof has been postponed to this day.
It will be perceived, when the Yeas and Nays shall be published, that the decision of the House of Representatives to repeal the BANKRUPT LAW has been made without the least regard to party considerations. Among those who advocated its continuance, until it should expire by its own limitation, as well as those who urged its immediate repeal, will be found republican as well as federal members; the vast majority by which a repeal was voted also indicates the absence of party motive. We believe this measure, though not calculated to attract much popular attention, will receive the approbation of a large portion of the American people, while it will probably excite little disapprobation from even the commercial districts of the United States, in which it appears to have been long a disputable point, whether a system of Bankruptcy is beneficial or not even to the commercial part of the community. It will be recollected, that the power of Congress to establish a system of Bankruptcy is not preclusive of the power of the states to pass laws on the same subject. In case Congress do not assume its exercise. Of course on the repeal of the general law, a resumption of the power will attach to the several states, who will exercise it, according to their discretion. It will rest with them to decide, whether the establishment of a Bankrupt system, on similar principles with the present system, organised under state authorities, will not be more promotive of the public interest; or whether an enlarged system of insolvency, extending its provisions to all descriptions of men, and liberating not only the person of the debtor from arrest, but also his future acquisitions of property from seizure, on a full delivery of his existing property, is not dictated as strongly by justice as humanity. Without invading the independent exercise of the opinions of others, we do not hesitate to give our own, that such a system is the only one that is defensible on the great principles that ought to regulate the relative acts of debtor and creditor, and more especially of those on which the general happiness and prosperity of communities depend—We firmly believe that while the prevalence of such principles would extract misery from the hearts of thousands, it would lessen the temptations to fraud and negligence, by abridging credit, and be productive of the addition of millions to the mass of national wealth, by rendering operative the corporeal and intellectual powers of the unfortunate and despairing.
Extract of a letter from a Militia Officer of respectability in Russellsburg, Kentucky, dated Nov. 13th, 1803.
"We are all ready and willing to go on the important expedition."
* Russellsburg lies in the South part of Kentucky, in a populous country, within about forty miles from Nashville Tennessee.
HOUSE OF REPRESENTATIVES.
FRIDAY, November 25, 1803.
A message was received from the President of the United States, communicating the treaty with the Kaskaskia Indians, as ratified by the Senate.
After some conversation on the mode of disposing of this communication, it was on the motion of Mr. J. Randolph, committed to a committee of the whole House on Monday; in order to give the House an opportunity to exercise its constitutional right of deciding on the propriety of passing the necessary laws to carry this treaty into effect.
Mr. Newton called for the order of the day on the bill to repeal an act to establish an uniform system of Bankruptcy throughout the United States.
The House resolved itself into a committee of the whole on the bill, Mr. John C. Smith in the Chair.
Mr. Varnum moved an amendment extending the period of repeal to the 1st of January 1804, instead of, from the passage of the act; and afterwards varied the motion so as to leave the period of repeal blank.
This motion was supported by Messrs.
R. Griswold, Early, and Skinner; and opposed by Messrs. Smilie, Newton, Rodney and Hastings.
Yea—Ayes 25. On motion of Mr. R. Griswold, an amendment was introduced directing the completion of all proceedings under commissions taken out previous to the repeal.
The committee then rose and reported the bill with the above amendment, in which the House immediately concurred and ordered, without a division, the bill to be engrossed for a third reading on Monday.
The bill is concise; and is confined to repealing the Bankrupt Act, saving cases in which commissions have been taken out previously to the passage of the act, at which time the repeal takes effect.
On motion of Mr. Nicholson, the House went into a committee of the whole—Mr. Dawson in the Chair—on the bill supplementary to an act intituled an act to prescribe the mode in which acts, records, and judicial proceedings of the states shall be so authenticated as to take effect in each state.
After considerable discussion, developing much diversity of opinion, the committee rose, and the bill was recommitted to a select committee of five members.
Mr. Eppes observed that when the bill fixing the salaries of certain officers was under the consideration of the House, allusion had been made to the expenses of the several departments of the government. As he thought it proper that the legislature should meet all such subjects in a fair manner, he submitted the following resolution:
Resolved, That the committee of ways and means be instructed to enquire, whether any, and if any, what reduction may be made, in the expenses of the different departments of the government,—and that they report to this House such arrangements as they may think calculated to promote economy, either by the reduction of compensations or contingent expenses in any of the departments, or by the discontinuance of such offices, or such establishments, as may be dispensed with without injury to the United States.
Mr. J. Randolph moved that the resolution should lie on the table. He observed that the same duties enjoined by it on the committee of ways and means had been already devolved on them by the standing rules of the House. The resolution seemed to him, therefore, unnecessary. He concluded by moving a postponement of the further consideration of it to the 1st day of Jan. next.
Mr. Eppes replied that, although the resolution, he had offered, embraced some subjects assigned already by the rules of the House to the committee of ways and means; yet if the wording of it were attended to by the gentleman from Virginia, it would be found that it also embraced subjects that did not belong more to that committee, than to any other committee. When he had proposed a resolution a short time since, the object of which was to reduce an establishment, in his opinion useless, it had been submitted to that committee. And in what consists the difference between the nature of that resolution and the one now offered? That was for the reduction of the single expenses of a single department; this is for taking into consideration the state and expenses of the whole departments of the government. When the subject of salaries was before the House, we were told that it did not become us to make a saving in the salaries alone, but that it was proper to take an enlarged view of the whole of the departments. What does this resolution contemplate? An enquiry into the state and expenses of the whole of the departments. If this duty had been enjoined already on the committee of ways and means—and they had either omitted or neglected to discharge it, the House was perfectly competent to lay an injunction on them to attend to it. For these reasons, Mr. Eppes said, he should not consent to the resolution either lying on the table, or being postponed; but should demand either its immediate adoption or rejection.
Mr. J. Randolph. Far be it from me to question the power of this House to make such disposition of this resolution as they shall see fit. It is a power to which I shall implicitly yield obedience. But with that freedom which belongs to every member of the House, and which I shall always exercise, without any consideration of the quarter from which a motion comes, I shall use that degree of understanding with which it has pleased God to invest me, in forming a judgment of the course proper to be pursued on this, as well as on every other occasion. My colleague does not take the distinction between a general and a specific resolution. It would be arrogating merit, which I do not deserve, a merit which I disclaim, to assume that my judgment is more clear or comprehensive than that of my colleague. And yet my mind does perceive the widest difference between the reference, to the committee of ways and means, of a general and of a specific proposition. It is the general duty of that committee, according to the standing rules of the House, "to examine
into the state of the several public departments, and particularly into the laws making appropriations of money; and to report, whether the monies have been disbursed conformably with such laws; and also to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the departments, and the accountability of their officers."
Thus, if I may use the term, is a power of attorney by which the committee is authorised to act. It therefore, any gentleman lay upon the table a resolution, which to my poor judgement, appears to be a mere transcript of one already in existence, I shall be compelled to say that it seems to me to be either unnecessary, or to imply a censure on the manner in which the committee have discharged their functions. Does it follow that because a specific resolution is laid on the table respecting one department in which there may be an abuse, or wherein a specific retrenchment of expense may be made, that thence there is a necessity to call the attention of the committee to all the objects within the sphere of their duties? That it is necessary for the House to go over the whole of their duties and call them generally to a discharge of them? Therefore when the gentleman called our attention to a particular source of expense, to a particular object, I thought the resolution in order, and voted for its reference to the committee of ways & means. So it had laid on the table a string of resolutions calling the attention of the House and of the committee to certain specific objects of expense, I should have had no objection to referring them to that committee, unless while the resolutions purported to specify particular objects, they embraced the whole duties of the committee. The gentleman says he calls upon the House, and demands an instantaneous adoption or rejection of the resolution. I presume that when any gentleman lays a resolution upon the table, his object is that it shall be disposed of in such manner as shall be consonant with the rules of the House, or as the House may think proper.
Mr. EPPES rose to explain. He did not intend to prescribe the particular disposition which the House should make of the resolution, but had said that he would not consent to its postponement, or that it should lie on the table.
M. J. RANDOLPH. The gentleman presses an immediate rejection or adoption of the resolution. To prevent an immediate decision of resolutions offered, I presume the rules were established directing that they should lie on the table, or admitting of their postponement? and of that rule I wish to avail myself on this occasion. Let me ask with what view instruct the committee generally as to the performance of duties already enjoined? If, with a view to censure, as the gentleman seemed to intimate, let the gentleman bring forward a fair and open resolution of censure, and not aim at producing this effect in a side way. To what purpose give the committee this instruction unless the House think they have neglected their duties? I will ask if there is any thing in this stage of the session that will warrant such a conclusion. I will ask if this, instead of being so early a day, were the last of the session, whether it would not be the fair and honorable conclusion, that the committee had adverted to the duties they had to perform, and having made no report, had found that there existed no necessity of a reform, or a further accountability of the departments. For these reasons I shall vote for a postponement of this resolution to the 1st day of January next; and shall form my opinion of every resolution that shall come before this House, without reference to the quarter from which it shall proceed, according to the degree of judgement with which it has pleased Heaven, to invest me; and shall exercise the right of expressing my sentiments freely, and in a manner most congenial to my habits and temper.
Mr. GREGG hoped the gentleman, who had offered this resolution, would agree to let it lie on the table. Mr. G. said, he was himself at first induced to think with the gentleman that, from the remarks which had fallen on both sides of the House, on the bill respecting salaries, such an enquiry as that at present proposed would be highly proper; and had himself contemplated the offering a similar resolution. But on further inquiry he had found, that by the existing rules of the House the committee of Ways and Means were already fully instructed to make the necessary enquiries; and he thought that such a resolution, under those circumstances, would wear the appearance of censure on that committee. It was known to the House that that committee had much and important business submitted to them. They had already done much business, and much, he understood, was in a state of preparation. He hoped, therefore, that the resolution would be suffered to lie on the table; and that, at some future day, it would be called up, in case the committee did not, in the interim, pay a due attention to the duties enjoined upon them.
Mr. NICHOLSON. I am persuaded that the gentleman, who offered this resolution, did not intend in the most
distant manner, to censure the committee of Ways and Means. I, as a member of that committee, do not feel that the least censure was intended or is deserved. Nor do I think that this would be the effect of the resolution, if adopted by the House. It is true that one part of the resolution contemplates objects embraced in the general rules; but it is also true, that it embraces other objects, not mentioned in the rules. It is more than probable that it was to these last particular objects that the gentleman meant to direct the attention of the Committee of Ways and Means. I allude to that part of the resolution that contemplates the discontinuance of such offices or establishments, as are useless. The rule of the House does not empower the committee, in express terms, to make such an enquiry; though I have no doubt that that object is substantially embraced by the spirit of it. The powers of the committee of Ways and Means were materially changed at the beginning of the seventh Congress. They were then empowered "to examine into the state of the several public departments, and particularly into the laws making appropriations of monies; and to report, whether the monies have been disbursed conformably with such laws; and also, to report, from time to time, such provisions and arrangements as may be necessary to add to the economy of the departments, and the accountability of their officers." This power was enlarged on the previous powers of that committee from a bill that originated with the committee, usually styled the committee of investigation. The bill was introduced to destroy the two offices of the accountants of the war and navy departments; and the title of it was translated into the standing rules of the House. It is extremely probable that the gentleman, who has offered this resolution, as well as other gentlemen, had no idea of the extent of the powers given to the Committee of Ways and Means. Under this view, I do not think the resolution will answer any useful purpose, as the committee of Ways and Means have already the same duties devolved upon them which it assigns. I am convinced the gentlemen who offered it will have no objection to its postponement till the 1st of January; and, in the mean time, the committee of Ways and Means will, if they see fit, make the enquiry which appears to be the object of it.
Mr. RODNEY.—With my friend from Virginia (Mr. Randolph) I will on all occasions exercise an independent judgment on any proposition submitted to the House, without regard to the quarter from which it may come, and with my friend from Maryland (Mr. Nicholson) I am satisfied that the idea of censuring the committee of Ways and Means, was the most remote from the intention of my friend from Virginia (Mr. Eppes) from his known character. I shall consider, then, this resolution, as well as all others, on its merits alone. Three objections have been raised against it, first, that it implies a censure upon the committee of Ways and Means, of which I am a member—2ndly, that the subjects to which it relates are already before that committee; and 3rdly, it is required that it lie on the table for consideration. As to the first objection, I shall put it out of the question, as I am satisfied such an idea as that of censuring the committee never entered the imagination of the gentleman who moved the resolution, and as no such idea can be collected from the expressions of the gentleman, or appears on the face of the resolution. As a member of that committee I am not sensible of its implying any censure, though I trust I should be as much alive as any other member of the committee, to the imputation of censure.
As to the 2nd objection to the resolution, that it assigns duties already devolved by the rules of the House, it may be true that all the duties imposed by the resolution are embraced by the rules; but as a member of the committee of ways and means I shall always feel thankful to any member for calling to my view any specific duties which that committee ought to perform. I shall never be offended by the call of any gentleman upon me to discharge my duty. It is true that we have certain duties assigned us by the House, for the performance of which, we may be laid in the language of the gentleman from Virginia, to be the attorney of the House, but I think, if I may use the expression, the fee simple resides with the House; and it is, not only the right, but the duty of any member to call any committee to the discharge of the duties assigned it. I feel, therefore, no objection to the resolution on this score. The same course has been pursued in the other resolution offered by the same gentleman; and though, in that case, it was a particular duty to which the attention of the committee was called, yet I do not consider that there is any solidity in the distinction attempted to be drawn by my learned friend from Virginia, between specific and general propositions. If there is any distinction, it is so slight that I am unable to perceive it. As the original resolution, offered by my friend from Virginia, called the attention of the committee to a specific point,
so does this. It does not call upon the committee to discharge all the duties devolved upon them; but invites their attention to particular points of duty; and though we may, by the standing rules of the House, be empowered to make an enquiry on the same subjects, yet as this resolution directs us specifically to particular points, I shall consider it my special duty to attend to them, if it shall pass.
For these reasons, said Mr. R. I consider the resolution in every point of view correct. As to a postponement, I have no objection, with the consent of the gentleman who moved the resolution, to postpone it to a distant day, not however so distant as January.
Mr. Nicholson. I think the resolution useless; and if the question now before us was whether we should agree or disagree to it, I should give it my negative, that the House may preserve some consistency in their proceedings. I will call the attention of gentlemen to the fate of several resolutions offered two years since from a certain quarter of the House, calling the attention of the committee of ways and means to the expediency of reducing the duties on brown sugar, coffee, and bohea tea. They were then rejected on the ground that the previous general powers conferred on that committee involved power to enquire on that specific proposition. If now we adopt this resolution, coming from another quarter of the House, we shall not preserve consistency of conduct. I hope gentlemen, from a regard to consistency, will agree, at least, to postpone this resolution.
The question was then taken on a postponement of the resolution to the 1st day of January, and lost—Ayes 37—Noes 61.
Mr. Smilie considered it improper to pass a resolution of so much importance so hastily. He moved a postponement to the 1st Monday of December.
Mr. Stanford moved an adjournment of the House.
Lost—Ayes 45—Noes 55.
Mr. Stanford moved a postponement to the 3rd Monday of December. Lost without a division.
The motion of Mr. Smilie, to postpone the resolution to the 1st Monday of December, was then agreed to. Ayes 72.
Mr. Varnum moved that the resolution, offered by Mr. Eppes, should be printed for the use of the members.
Mr. J. Randolph moved for printing in connection with the resolution the standing rules of the House, respecting the duties of the committee of ways and means.
Mr. Varnum called for a division of the question.
Mr. Nicholson moved an adjournment.
Carried—Ayes 60.
CITY ASSEMBLIES.
The first Assembly will be held at Mr. Stelle's Hotel on Thursday evening the 1st December next.
THE MANAGERS.
November 28.
WANTED, IMMEDIATELY a good male servant, and a woman who can come well recommended as a Cook and Laundress. For information apply at this office. November 24—4t
Lots in Washington City.
THE subscriber offers for sale a variety of whole, half, and quarter squares, as well as single lots situated on the beautiful and healthy ground eastward of the capitol and immediately adjoining the bridge now built over the Eastern Branch of the Potomac river.
As those wishing to purchase, will no doubt view the ground and examine the title; it is not now necessary to be more particular as full information may be had at Mr. Stelle's hotel on Capitol square, of the proprietor.
GEORGE WALKER. Washington, Nov. 24—3t
Ten Dollars Reward.
STOLEN off the Race ground on Wednesday evening last, a likely Sorrell MARE, saddle and bridle; the saddle is about half worn with plated stirrups and a new bridle; the mare is eight years old, about fourteen hands high. Paces trots and gallops; shod before; the outsoles of both hind feet a little worn by dragging them when rode; has a small star in her forehead, there is a scar on the off shoulder that resembles the letter T. Whoever delivers the above described mare, saddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and no questions asked. November 14—wtf
Conveyancing Office.
THE subscriber grateful to his friends and the public, for the support he has hitherto met with, begs leave to inform them, that his Office is now kept on 1 street, between the 6 and 7 buildings and nearly opposite the West market.
Titles to City lots investigated. Business transacted at any of the public offices.
Lots and houses in various eligible situations to sell, lease, or exchange.
R. W. PEACOCK, Att. at law and conveyancer. November 4—

HENRY POLKINHORN, Saddler, Harness, Army Accoutrements, & Trunk-maker.
HAVING taken his two nephews Wm. & Richard M. Hall, into partnership, The business in future will be conducted in this place under the firm of H. Polkinhorn and Wm. Hall, who have opened at the store lately occupied by Mr. Conner, (two doors from the bank of Columbia) a handsome assortment of articles in their line; and hope from attention to business to merit the favors of their friends and the public.
The business will be continued as usual in Baltimore, (under the firm of H. Polkinhorn and R. Hall) where they have for sale a general assortment of Saddlery, wholesale and retail, which they are determined to sell on the lowest terms.
George Town, Nov. 23—1m
District of Pennsylvania, to wit: BE it remembered, That on the ninth day of May, in the twenty-seventh year of the independence of the United States of America, William Young Birch, and Abraham Small, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit:
"BLACKSTONE'S COMMENTARIES, with notes of reference, to the constitution and laws of the Federal Government of the United States, and of the commonwealth of Virginia, in Five Volumes, with an Appendix to each volume, containing short tracts upon such subjects as appeared necessary to form a connected view of the laws of Virginia, as a member of the Federal union, by St. GEORGE TUCKER, Professor of Law, in the university of William and Mary, and one of the Judges of the General Court in Virginia."
In conformity to the act of Congress 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; and also to an act entitled, an act supplementary to an act, entitled, 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. And extending the benefits thereof to the arts of designing, engraving, and etching historical, and other prints.
(I. S.) D. COLLAWELL, Ck. of the District of Pennsylvania.
The above work may be had at John March's book store, George Town, and of the booksellers in the city of Washington.
November 23—1m
A Double Barreled Gun,
WAS taken from a room at Mrs. Johnson's, near the Bank, on Thursday evening or Friday last. The gun is bushed with gold, and lettered on the barrels with gold leaf. The stock, which has been split at the end, is secured by two silver clasps. and the Butt contains a small chamber, which opens by a spring. It is old and has been much used.
Five dollars will be paid to any person returning the gun, with a liberal allowance for detecting the thief, if stolen.
W. HOWISON. Nov. 23—3t
FOR SALE.
ABOUT 2000 acres of land on the East side of the Eastern Branch, and adjoining it, three miles from the city of Washington. Vessels drawing 12 feet water, may load at the landing, where there is a tolerable good fishery. Near 400 acres of this land is a rich bottom through which there are several streams of water, that turn a mill, erected on the land, and which might be used to advantage, in watering meadow: a part of the bottom is now in Timothy grass and the whole is capable of producing grass in abundance, and tobacco. There may be between five and six hundred acres in wood, the rest is cleared land. A part of the land adjoins a commodious brick dwelling house, with all convenient out-houses; and a large and handsome garden, but not in good repair, on the borders of the town of Bladensburg.
This property, so convenient to the city of Washington, which affords a market for grass and all other productions of land, equal to any in the United States; is certain from its situation to rise in a few years, to a price several times as high as will now be taken for it, well deserves the attention of men of fortune. The whole land including the dwelling house and improvements, and mill, will be sold for 10 pound per acre. It is questionable whether the meadow ground, alone, is not worth all the money; it is certain, that it might easily be made to pay more than the annual interest of the whole purchase.
BEN. STODDER F. George Town, Nov. 15—3w
TO RENT
AND immediate possession given, a two story frame HOUSE, in the city of Washington, on sq. 224, opposite to Robert Peacock's eq. lately occupied by doctor Tabbs. Containing 3 rooms and a large pantry on the 1st floor, two on the 2d floor with garret-rooms—Piazza and balcony to the south front, cellar and dry well, with an excellent garden—kitchen stable and carriage house, with every other convenience fit for the reception of a genteel family: for further particulars, enquire at the store of Mr. Xepu: a few doors east of Rhodes's tavern, north E street.
October 19. tf
NOTICE.
APPLICATION is intended to be made at the Treasury for the renewal of the following described certificates of registered debt which have been lost, viz: No. 2203 and 2201, given to James Moore and Andrew Henderson for 105 69-100ths cents each—one to Charles Aurner, No. 2199 for 165 69-100ths cents—another to Meredith West, No. 2193, for 264 62-100ths cents, and one granted to Charles Miller, No. for 165 69-100ths cents, all bearing interest from 1st July 1782.
WILLIAM CALHOUN. October 26—6w
Valuable Land for Sale.
The executors of the last will and testament of Anthony Holmead deceased, will sell at private sale for forty years of Land adjoining the city of Washington at the northern extremity of 20th street west. This land is generally allowed to be one of the handsomest situations near the city, having a beautiful prospect of nearly the whole of the city of Washington, Alexandria and George Town, and any person inclined to purchase this valuable property, will be shown the same, and know the terms by application to the subscriber near the premises.
JOHN HOLMEAD. November 11—tf
FOR SALE.
THE Plantation on which I live, containing about 600 acres of valuable land. The improvements are, an exceeding good dwelling house two stories high, 42 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above stairs, with five places in all but one, and a dry sweet cellar, the size of the house, in which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 18, two stories high, with a kitchen and laundry below, and lodging rooms for servants above. A washing house meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy genteel neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the scythe and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides an abundant one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises.
OVERTON CARR. September 19. cpts
CHINA, GLASS, & QUEENS WARE, STORE.
THE subscriber has just received an elegant assortment of china, glass and queens ware, among which are, A few sets of French china, East India do. China plates and bowls of all sizes, China glass mugs, Cut tumblers, do. wine glass, do. goblets, do. decanters, pint and quart, do. jelly glasses, do. salts. He has also as usual an assortment of groceries—best Spanish segars, Makinloch tobacco, Scotch and rappee snuff, Macabaw, &c. A. L. JONCHERES, a few doors below the Union Tavern; November 11—cpts
THEO. HOLT,
HAS received from Europe and for sale, fine mixed Tulips double Dutch Hyacinths, separate colors in good order for glasses, Pots and Persian Ranunculus, Crocus several colors, fine mixed Anemones, &c—Split Peas, Durham Mustard, Bird Seeds, Grass Seeds, Garden Tools, Garden Seeds, &c He has also a large assortment of Fruit Trees, Flowering shrubs, Lombardy Poplars, &c. Eastern Branch, Nov 2—tawtf
COLUMBIAN INN.
GEORGE TOWN. THE Subscriber begs leave to solicit the patronage of his former friends and customers, and in order to ensure he still continues at the Columbian Inn—where he will be happy to have it in his power to accommodate them as usual. JOHN H. BARNEY. September 21. stj
A. J. VILLARD,
PRESENTS his respects to the gentlemen of Washington and George Town, and gives them notice that he has opened a
Coffee & Oyster House,
In the same stile as the one he kept last winter: His rooms are decorated with diverse models of architecture, and a fine collection of engravings for the amusement of the curious. He has different kinds of plays for the recreation of those who will honor him with their visits: He intends to keep all sorts of liquors of the first quality, Martinique cordials, &c. &c. Oysters cooked in any manner, so as to suit the palate of the greatest epicure. Two Boarders will be taken. Pennsylvania Avenue opposite the Center Market. November 14—tcop
Ten Dollars Reward.
STOLEN from the plantation near Upper Marlboro, on Saturday night the 29th October—an iron grey HORSE, about fourteen hands one inch high, seven years old, flout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been trimmed about the head and ears. Any person giving me information so that I get him again shall receive the above reward and if brought home all reasonable charges paid by, BENJAMIN ODEN. November 21—tf
FOR SALE,
An excellent second handed Forte Piano; The owner being about to remove from Washington, will dispose of it low for cash—Enquire of the printer hereof. November 16—6t
All persons having claims or
demands of any nature against the subscriber are requested to exhibit their accounts, without delay, to JOHN HEWIT or RICHARD FORREST, Esqrs. of the city of Washington, who are authorized, in my name, to adjust and settle the same: and all persons indebted to me are requested to make payment to either of the gentlemen above named. SAMUEL BLODGET. March 30. tf
On Monday next will be published at Duane's Store Pennsylvania Avenue.
BLACKSTONE'S COMMENTARIES,
WITH NOTES OF REFERENCE to the CONSTITUTION and LAWS of the Federal government of the United States, and the Commonwealth of Virginia. IN FIVE VOLUMES WITH AN APPENDIX TO EACH VOLUME. Containing short tracts upon such subjects as appeared necessary to form a correct view of the laws of Virginia, as a member of the federal union. By St. George Tucker, Professor of law, in the university of William and Mary and one of the Judges of the General Court in Virginia.
A large collection of the most valuable books, and an extensive assortment of stationery will be opened on the same day—Catalogues will be published in the course of the
The highest price will be given in cash for linen and cotton rags in any quantity from a pound to a ton weight—at the above store. Book-binding, ruled work for accounts—Letter-press and copper plate printing executed—and orders for engraving by the best artists of America executed. November 14—tf
JUST RECEIVED,
By the UNITED STATES, Capt. Finley from Liverpool, Fall Goods, viz. Brass Plate and wire fendens and irons, shovel and tongs, pokers, bellows, coal hods, bell-metal kettles, brass-footsmen, knives and forks, plated bridle bits and stirrups, with a variety of saddlery, brass ware, kitchen furniture, tools and building materials, &c. HENRY INGLE. Washington. Oct. 28—epzm.
Lots for sale.
IN eligible situations, and upon very advantageous terms—A plan of the several squares in which they are contained may be seen and terms thereon by applying to, ROBERT W. PEACOCK. Attorney at law and Conveyancer.
I WILL sell five hundred and fifty acres of Land whereon I live, in Fairfax county, within five miles of the court house, and within twenty of the City of Washington, Alexandria, Dumfries, and twelve of the Occaquan mills, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, there is a great proportion of white and red oak, popular and hickory timber—There is nearly one hundred acres of prime land for meadow, I will give six months credit for one fourth of the purchase money—twelve months for the other quarter, eighteen for the third, and two years for the last payment, a purchaser will find me on the premises. THOS. FOLLARD. Feb. 21st. ep
LECTURES.
IN a science so various and complicated as the present system of the LAW, nothing which tends to facilitate the progress of the student can be deemed useless. It is with this view that the subscriber proposes to deliver during the winter, (and if suitable encouragement offers, annually)
A COURSE OF LECTURES,
On Education, Belles Letters, Composition, History and Law. The subscriber means to divide the same into two distinct courses. The object of the division is, that young gentlemen who are designed to fill stations in active life, distinct from those of the learned professions, may resort to that course of lectures which will be delivered without a relation to the Law, which will be the sole foundation of the other.
If the plan should meet with success, the subscriber contemplates furnishing, next winter, a handsome Library, for the use of such gentlemen as feel desirous of patronising the undertaking. The municipal laws of each state will then be provided—That students at law from any part of the United States will find it their interest to repair to the Metropolis, to pursue their studies; where they will have the advantage of attending the Congressional debates.
The facility of access which the houses of Congress offer, is a circumstance peculiarly advantageous to the student, and the youthful pleader, not only from the light which is thrown in the course of debate on controverted questions of law; not only to be derived from witnessing the eager contests, the vigorous attacks, the wary methods of defence, exhibited by men of the most conspicuous talents, rivals alike in abilities and interest but especially from this consideration, that the speakers are, in general, exempted by the nature of their functions, from those defects to which pleaders are peculiarly exposed.
The Lectures will commence the first week in December next, and continue until twelve distinct Lectures in each course shall have been delivered.
The terms may be known by applying personally, or by letters post paid to ROBERT WARE PEACOCK, Attorney at Law. City of Washington, October 17, NI&UG:Dr
THOMAS CARPENTER, TAYLOR.
HAS just received a handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and at the greatest expedition. Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol. Oct. 14. tf
JUST PUBLISHED,
AND FOR SALE, BY RAPINE CONRAD & Co.
New Jersey Avenue, near the Capitol. (Price 2 dolls. 25 cents in boards, or 2 dolls. 50 cents bound.) History of the British Expedition to EGYPT.
To which is subjoined, a sketch of that country and its means of defence. Illustrated with maps and a portrait of Sir Ralph Abercrombie.
By ROBERT T. WILSON, Lieutenant colonel of cavalry in his Britannic Majesty's service, & Knight of the Imperial military order of Maria Theresa. September 28.
By LETTERS PATENT.
What is generally useful, ought to be generally known.
THE undeniable success
which has attended the use of West's Rheumatic Ring, In the cures of the Rheumatism, Rheumatic pains and Cramps, has induced him to obtain Letters Patent for his invention, in order to secure his property therein, and defend the public against the mischievous effects of spurious imitations. The following instances of the efficacy of West's Rheumatic Ring, are selected from a considerable number, and submitted for public inspection, to demonstrate the vast importance of his discovery, and in no instance have they failed of success. Few of which are to be had at Mr. Wm. Rhodes's, city of Washington near the Treasury office, at two dollars each.
THOMAS WEST.
I do certify, that I have had the Rheumatism in my knee, till it was much swelled, I then applied to Edward West for one of his Rheumatic Rings, and by using it two weeks, I was perfectly well. Given under my hand this 6th day of December 1799, about six miles from Lexington.
BENJAMIN BEELER.
I do hereby certify, that I had pains in my arms, and I do believe by wearing a ring I have got from Mr. West, I have got clear of the pains. Lexington, Dec. 4, 1799.
WM. ROSS.
I do certify that my wife hath had the rheumatism in one of her arms, and was very helpless with it for a long time; and I applied to Mr. Edward West, for some of his Rheumatic Rings, which appears to have greatly relieved her, and I believe it will perfectly cure her. Given under my hand, this 6th day of Dec 1799.
AZARIAH HIGGINS,
near Lexington. I do certify that I have had the cramp in one of my legs these three years, and the latter part of the time extreme bad; I could receive no benefit from any thing, until I tried one of Edward West's Rheumatic Rings, which perfectly cured me in three days—given under my hand this 15th March 1800.
THOMAS VAUGHAN.
I do hereby certify that I have had the rheumatic pains in both my arms, so that I was not able to work, and by wearing two rings which I got of Edward West, I have got perfectly well. Given under my hand this 26th day of December, 1799.
ASA COMBS.
I hereby certify that for several years past I have been much afflicted with a rheumatism. Mr. Edward West of Lexington, complimented me with one of his Rheumatic Rings, which I have generally worn, and have been entirely free from all symptoms of that complaint ever since. Given under my hand this 17th December, 1799.
JESSE WILLIAMS, Bourbon Co.
I do hereby certify that I got of Mr. Edward West a ring called a Rheumatic Ring, and it has perfectly cured me of the pain which had constantly followed me for fifteen months, less or more, in testimony whereof I have hereunto set my hand and seal, the last day of March 1800.
WM. N. POTTS.
The above Thomas Vaughan, Asa Combs, Wm. N. Potts, and Jesse Williams, sworn to before me, this 27th day of July, 1800.
ARCHIBALD MILVAIN,
Justice of Peace. Observe those rings are to be worn on the fingers or the wrists and the small of the legs, if the skin be very dry, it requires to be slightly rubbed with a little salt butter, on the part they are applied August 31. rawem
In the case of JAMES MCDONALD,
(A Bankrupt.) WHEREAS a Commission of Bankruptcy founded upon the act of Congress of the United States, passed on the fourth day of April, 1800, entitled "an act to establish an uniform system of Bankruptcy throughout the United States" has been awarded and issued against James M. Donald of Washington County, in the District of Columbia, dealer and chapman, and he has been declared a bankrupt. He is hereby required to surrender himself to the Commissioners in the said commission named, or the majority of them on the eleventh, and twenty-fifth days of November, and on the ninth day of December next, at five o'clock in the afternoon on each day at the house of William Rhodes, Inn-keeper, in the City of Washington, and make a full discovery and disclosure of his estate and effects when and where his creditors are to come prepared to prove their debts, and at the second sitting to choose assignees, and at the last sitting the said bankrupt is required to finish his examination. All persons indebted to the said bankrupt, or who have any effects, are not to pay or deliver the same, but to whom the commissioners shall appoint. RICHARD FORREST.
For Sale or Rent.
A Convenient two story BRICK HOUSE and Lot, situated on the Pennsylvania avenue near the Center Market. Possession will be given the first of March. For terms apply to the subscriber, WM. WOODWARD. November 18—tf
NOTICE.
FOR Sale One hundred and fifty acres of land, One hundred acres of which is in wood—it is situated within six miles of the Eastern Branch ferry. For terms apply to MICHAEL LOWE Prince George county, July 22. 1atf
NOTICE.
THE subscribers having obtained from the Orphans court of Prince George County, letters of administration on the personal estate of Nicholas B. Sansbury late of said county deceased. All persons having claims against said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscribers on or before the 21st day of June next, they may otherwise by law be excluded from all benefit of the said estate. ALEXIOUS SANSBURY, } Admrs. JOSEPH SANSBURY, } November 14—w3t
STOUGHTON'S
GENUINE BITTERS. Faithfully prepared at the original warehouse London.
TO make any observations here, upon the superior quality of these bitters to any ever offered for sale, is needless; suffice it to say, that they have stood the test of approbation a great number of years. Gentlemen, who prefer bitters, will find them an elegant and wholesome preparation; and far preferable to the trash generally offered under that name. It is now for the first time, imported in quart bottles, as well as vials, which will reduce the price near one half. Sold by Rapine, Conrad and Co. Capitol Hill, Washington, John March, George Town, Robert and J. Grey, Alexandria, and A. Buck, Frederickburg, Virginia. November 7—w3m
To be sold at public auction by virtue of a decree of the high court of Chancery of Maryland, for the benefit of the creditors of Robert Whitaker deceased, on Thursday the 15th day of December next on the premises.
A Valuable Tract of Land, containing about 500 acres of rich fertile land, one third at least in heavy wood and timber with at least fifty acres of excellent meadow land, part of which is now under the scythe, the improvements are two dwelling houses, three tobacco houses with all other necessary out houses, the situation only two miles from Upper Marlboro, and about the same distance from Patuxent river—this valuable property will be sold together or will be divided to accommodate purchasers—at the same time and place will be offered at public sale a valuable mill seat, containing 14 acres on which has formerly been a very valuable merchant mill, the improvements at present are only a large dwelling house—there is a never failing stream abundantly sufficient with a good dam and sufficient stone on the land for foundations &c. even a country mill on it would have constant employment; this property lies within half a mile of Upper Marlboro, where there is a very considerable in-cision of tobacco, and tide water for flats from Patuxent river. The above property will be sold on a credit of one and two years bond with security being given to the trustee for the principal and interest from the day of sale, and on payment a good title will be made by deed from the trustee, according to the decree. All persons having claims yet outstanding against the estate of the said Robert Whitaker are required to lodge them with proper vouchers in the Chancery office on or before the 15th day of March next. ISAAC LANE DALE, Trustee. Prince Georges County, November 16, 1803—5taw
A French gentleman an ex-
He, whose early years were favored by a liberal education, which was improved by literary pursuits for several years, blended with a long, successful series of agricultural experiments upon aliberal scale—is desirous of obtaining by teaching youth, or by engaging in rural affairs combined with the instruction of youth, in classical literature and the French language a decent subsistence—and to this alone he confines his expectations. Possessing a perfect knowledge of the modern theory of husbandry, and having assured himself by practice, in the principles of the rotation of crops—the rearing and foddoring of the most useful quadrupeds, the cultivation of the Vine, &c. He presumes that his services in this department alone would be of great advantage to any gentleman in the southern states, who might have occasion for a skillful and faithful superintendent. He demands no compensation, but upon actual proof of his qualifications and utility, is what he undertakes.
Should no agricultural gentleman offer, he will undertake the care of a few pupils to teach them French alone, or the dead languages and French.
A line addressed to the De Chavla care of Mr. Duane at Washington city, or at Philadelphia, will be respectfully attended to. November 14—w3t
CHARLES VARDEN,
TAYLOR, FROM PHILADELPHIA.
HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cashmeres, silk floritines, Black and fancy silk molekin velvet, white & figured Marcellas, Swandowns, Tolinettes, Velveteens, Fancy cords, Coating, &c. With a variety of other articles suitable for the winter season. M. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion. New Jersey Avenue, the second House from the Capitol Square. November 8, 1803.