The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-06-10 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. VII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 1038.
FIVE DOLLARS PER ANNUM
WEDNESDAY, JUNE 10, 1807.
PAID IN ADVANCE.
TRIAL OF COL. AARON BURR.
MONDAY, MAY 25.
(Mr. Hay in continuation.)
But they say, he ought not to be committed, because the presence of the grand jury suspends the authority of this court. But where are the precedents which justify this position? I have not made many researches into this case; because I did not suppose that there was a single sceptic at this bar who would deny the universality of the proposition that we have laid down; that it was the right of the court to commit in every case, where they deemed it proper. They say that in this case, the powers of the grand jury and the court are concurrent. Strange that they should forget the immense difference between their powers! There is a difference in the evidence necessary to convince them. We are not bound to submit the same testimony before the grand jury which we may produce before this court—much less before a petit jury. Affidavits may convince the court that it is proper to commit; but it is not yet perfectly certain whether it be proper to exhibit them before a grand jury. I am, however, unacquainted with the opinion, which the court entertain on this point; but I will boldly enquire, whether I should discharge my honest duty, were I to submit my indictments before the grand jury at this moment, when I have not all the material evidence which we may possess? Sir, these gentlemen may cast their groundless censures upon me; but in vain: all their clamors will never move me from my purpose. The course which I am pursuing is sufficient to satisfy my own conscience; and it is indifferent to me whether ten or ten thousand men should join in my condemnation.
Mr. Botts asserts, that we have produced no authorities to prove our position; and that we have none to produce. But is it right to be continually recurring to precedents? Is there no allowance to be made for the operations of common sense, in any case? Where cases of doubt and difficulty occur, a reference of this kind is certainly proper to enlighten and fortify our own judgments. But even admitting the propriety of introducing precedents in the whole extent for which gentlemen contend, it is their business and not our own to comply with the requisition for precedents. We stand upon the broad, general principles, that courts have the power to commit. If gentlemen contest this principle in the present case, why do they not introduce their countervailing authorities?
Mr. Hay expressed his regret that his friend Mr. Wickham had not more seriously meditated upon this subject, before he had urged his objections; that if he had understood it with his usual correctness, he never would have troubled the court with the law of Virginia: for that this law had not the slightest bearing upon the specific proposition before them.
Mr. Wickham enquires why we do not at once send up our indictments before the grand jury; and suppose, sir, we should pursue the course which he recommends; suppose we should send up our indictments on the evidence which is now in our possession. Several days might elapse before they would be able to investigate this body of evidence. In the mean time some of those numerous persons who are prying into every hole and corner of this city, might probably catch some distant hint of the probable decision of the jury. They have certainly too much discretion not to keep their own counsel; but it is absolutely impossible to exclude completely the busy eye of curiosity. Some vague insinuations may probably escape; something which might justify a suspicion of their determination. Suppose then that Aaron Burr was to be actuated by these considerations; suppose that his fears (if fears he can feel!) should prompt him to escape; what, sir, would become of our indictment? Mr. B. may quit the U. S.—he may flee for ever beyond the jurisdiction of this country; and in that case the whole world would ridicule us for the course we had pursued. Or let us even suppose that we were to withdraw this motion, where would be our security? Must we trust to the indulgence of Mr. Burr himself for remaining in this city and standing his trial?
We expect General Wilkinson here in a few days. We have an affidavit which positively states, that an express to New Orleans to command his presence on this trial, was met on the frontiers of the Mississippi territory. We have also letters from the attorney general of the U. S. explicitly stating, that General Wilkinson has been officially authorised to leave the army of the U. S. and to select whatever mode of transportation he might think proper, (here Mr. H. read the affidavit, shewing that the express to General Wilkinson had been seen in Athens, in the state of Georgia). In the mean time what is Colonel Burr's situation? It is completely optional with him, whether to stay here and face his accusers, or to avail himself of his liberty
and leave the U. S. We call upon this court to exercise the authority with which they are invested; and by binding over Col. Burr as well on the charge of High treason as of a misdemeanor, to detain him here for a satisfactory trial.
Mr. Hay said he scarcely expected to have been asked why General Wilkinson was not here? The gentleman himself has said that he is a general. Can he then leave his army at any time, and without the permission of the government? Make, however, a computation of time. The attorney general left this city on the 4th or 5th of April. He reached Washington on the 7th or 8th. Allow then a reasonable time for an express from Washington to New Orleans—and for a man of General Wilkinson's age and bulk to travel to this city, and is it probable that he could have arrived here before this period? If he availed himself of the liberty and means to come by water; the gales have been lately very severe. And even two of the grand jury had assured him that if General Wilkinson was exposed to the late tempestuous weather, he would probably never see the United States.
Mr. Wickham has expatiated upon the attempts made to prejudice the public opinion through the medium of the press. Sir, a great deal has been said, and a great deal will yet be said on this transaction. But are the presses shut against Col. Burr? When even in this very city certain presses have been found to vindicate his motives and designs? But what of all this? The public mind is hostile to any encroachment upon the liberty of the press; and it ought to be so. Where then a crime of such gigantic evil arises in this country, like the one attributed to Aaron Burr, the printers will speak and they ought to speak; the purest motives will command them to speak. And if there have been publications against Col. Burr, innumerable communications have also appeared in his favor; and if these publications have contained the severest strictures upon him, they have resulted from his own character and conduct; and he has no right to complain.
Mr. Hay demanded why Col. Burr should then wish to close the only door to his vindication by excluding the evidence. His counsel exclaim, "send the evidence to the grand jury." Surely if Col. Burr wishes to have the evidence before the jury, he should be much more anxious to have it before the court. The jury will have one side of the evidence only before them; and that will be completely against himself. Both however will go before the court. Why then does he shrink from the evidence! If an unjust prejudice assails him, the light of truth and evidence will dissipate it. Why does he shrink?
The gentleman on the other side continued Mr. Hay, do not do us justice. They charge us with persecution and oppression. Sir, I never contemplated or wished to hurt A. Burr. I scorn it. I look not to him. I look only to the duties which I am solemnly bound to perform.—One remark more, sir, & I have done: gentlemen on the other side insist upon the insufficiency of our evidence. Because we have withheld our indictments, from the grand jury, they have hastily inferred, that we feel our evidence to be too feeble to satisfy the jury. They are mistaken, sir. I assure them, that they are mistaken. I conscientiously believe that we have evidence enough, even throwing out the depositions themselves, to satisfy the grand jury of the guilt of A. Burr. But, sir, puerile indeed would it be for us under the present state of things to submit our case before the grand jury on the evidence before us, when we are every moment expecting better.
Mr. Edmund Randolph addressed the court to the following effect:
Sir, it would have been impossible for us, even had we received due notice of this motion, to have availed ourselves of the time that was allowed to us. That would have been impossible, because the enormity of the proposition itself would have baffled all our consideration and all our researches. Mark the course, which has been pursued towards my unfortunate client. First he was brought here under a military escort. Then that little folio of depositions and affidavits was laid before your honors: Then the charge of treason: and then that little cock-boat which was destined to attend this great ship on a foreign expedition? You heard it all, sir, and what did you say? You bound col. Burr to bail, simply on the charge of a misdemeanor, to appear here at the opening of the court; but not contented with this security, you superadded, that he was not to leave the court until it had discharged him. You opened the door too for an ulterior prosecution; you declared, that if the attorney for the U. S. should obtain any additional evidence, the judgement
which you then rendered, would not prevent his indictment of col. B. on the charge of treason.
Sir, thus stands the case, as it was understood by the whole universe. On Friday we came here to meet the world; Friday however passes away and nothing is done—On Saturday, we came here again; Saturday also passes away and nothing is done. But on Sunday, sir—is broached this new-fangled doctrine, which now excites our astonishment. They demanded precedents, sir, for our conduct; and who are they that require it? Why, sir; they that take things out of the ordinary course of the law. For thirty years, I never saw such a proceeding: I have never read of such a one in the English books; & yet these gentlemen call upon us for precedents.
If we were asked for our reasons, sir: we should have enough to offer. And first, a judge in the Federal Court, sitting in the capacity which your honor now fulfils, would be in the same relation to the accused as an examining judge is in the states courts. But, sir, whoever invited a single magistrate or a state court to augment the bail of any individual in the situation of col. Burr? If a man be bound in a suitant county to answer to a misdemeanor, and another crime was to be brought against him to be predicated on the very same evidence, have you, sir, ever known the trying court to encrease his bail? I here never was such an example, sir.
Mr. Botts's remark, Sir, is not to be answered. You are changing the constitutional organ of justice. You are completely blotting out the functions of a grand jury. The witnesses will be all produced before you: but no, improper as this proceeding will be, it is still less so than that which they will actually pursue: None of the U. States witnesses will be brought before you, but those whom they may think it politic to introduce; and depend upon it, that such testimony will be garbled for the ears of this court, as may be expected to bias their judgement.—Well, sir, and what will be the consequence? When the grand jury are about to retire to their own chamber they, will be told that you have demanded additional bail.—Are you then, sir, to be a pioneer of blood for the grand jury?—Is not this precedent outrageous, sir? The boasted principle, that no man is to be condemned but upon the verdict of 24 of his peers, is gone. Throughout this town, it will be universally reported that you have solemnly declared A. Burr to be guilty of high treason against the U. S. and some of those to whom the rumour may extend may hereafter be impannelled of the petit jury. And will they feel themselves altogether unbiaised by your judgement? Why, sir, let it be declared at once, that the grand jury is to be struck out as an intermediate organ of justice.
Do not, I pray you, sir, let us suffer for the delays and negligence of other people. I cannot blame the U. S. attorney; it is his business to obey the instructions of the government; and if the witnesses are not here, it is certainly no fault of his. But surely there is time enough to travel from New Orleans to this city in 17 days; even with the gigantic "bulk" of gen. Wilkinson himself.
Mr. Hay says, our tone is changed.—And how, sir? We demand a trial now. We demand a fair trial. But must we not therefore protest against a measure which is calculated to defeat this object? Certainly, sir. You are called upon to prejudice the minds of the grand jury. But, sir, in this interesting case, where liberty and life themselves are endangered, I trust that some hard-mouthed precedents will be found in opposition to this procedure. We have come here to answer to every charge, which may be urged against us: We came here to answer in a precedent and constitutional manner. But little did we expect, that the court would decide in the first instance, instead of the grand jury; that the sentiments of the grand jury were to be prejudiced by an unconstitutional decision: and that the court itself was to commit its opinion on certain points, which would be regularly brought before them for argument and for decision at some of the ulterior stages of the prosecution.
"Why," said Mr. Wirt; do you shrink." Sir, trace the course of the prosecution, and see who it is that retires from the contest. On Friday the U. S. attorney was not ready; on Saturday he was not ready; and now indeed he will not probably be ready before Monday next. Sir, who is it that shrinks? And yet does the attorney positively aver that he has evidence enough.
We are charged, sir, with addressing the multitude. Mr. Wirt says that he
could, but would not imitate the example. But neither he nor Mr. Hay have spared the theme. Sir, I will not deny the justness of his eulogiums upon the administration; but permit me only to remark, that there has been a certain conduct observed towards Col. Burr, which excites my deepest astonishment.
When I look at the first man in the government, I behold an individual whom I have long known, and whose public services have commanded my admiration. When I look at the second, sir, he has my whole heart. But, sir, the enquiry which is now before us relates not so much to the intention as to the effect. An order has been given to treat col. B. as an outlaw; and to burn him and his property. And, sir, again, when the Ex. of R. demanded certain information, as it was their right & their duty to do; the President granted it—and would to God, sir! that he had stopped here, as an executive officer ought to have done. He proceeded, however to say that col. Burr was guilty of a crime; and consequently to express an opinion, which was calculated to operate judicially upon the judges & the juries. Such was the substratum of all the censures, which have been heaped upon col. Burr.
Mr. R. proceeded to touch upon a subject, to which Mr. Hay had referred. Col. Burr was arrested in the Mississippi Territory. Was there no court? Was there no judge of integrity to try him? Arrested too after he had been acquitted by a grand jury!—Well! he was transported thence (with humanity it has been said) dragged on by 8 musketeers, who were ready to shoot him at a moment's warning; refused any appeal to the judicial authority; denied even the melancholy satisfaction of writing to his only child. Was all this humanity? Dragged before this court, which derives its only jurisdiction from a little speck of land on the Ohio. Yes, sir! but for that little spot of an island, Virginia would never have enjoyed this honor! What! all this, sir, but oppressive & bitter inhumanity? I trust, sir, from what I have said, that no one will think with Mr. Wirt, that I am shifting the question from col. Burr to Mr. Jefferson. I should not have made the observations, which have escaped me, but to show that my client is justified by his situation in stating every objection that he can to the present measure.
Mr. R. observed that at least one disadvantage would result from this enquiry; that it was not clear, as Mr. Hay had asserted, that the affidavits would be laid before the court only and not before the grand and petit juries, for the grand jury would soon be possessed of the substance of them; and that it was next to impossible for them to separate the impressions thus illegally to be produced upon their minds, from the weight of the legal viva voce testimony.
Mr. R. said, he did not understand Mr. H.'s expressions about certain persons in holes and corners; that if however he meant spies, there are none such; and that although the government certainly had employed no spies, yet that it has excited so much prejudice against col. Burr as was sufficient to make every man in the country desirous of contributing his full quota of information against him.
Mr. R. concluded with remarking, that the present argument had perhaps been permitted to embrace too wide a field of discussion; and that there were two great questions which he should submit to the consideration of the court: 1st. Whether there were any precedents in favor of the present motion; and 2d. Whether if a proposition like this and of such great importance was adopted, it would not yield a precedent, that would expose every man in the country to oppression.
Mr. R. contended, that this was a charge which the judge had already decided on a former examination; that it was not a supplemental crime, but the old one; that perhaps there might be some little affidavit to splice out some defect in the former evidence; but what would be the consequence of this proceeding? Day after day, another and another affidavit would be brought forth; facts like polypi, are easily cut into 2 or 3 pieces; and each of those atoms is to require a new recognizance. For one affidavit there must be a bail of 1000 dollars—Another affidavit, another 1000 dollars; until the burthen of bail is so oppressive as to leave no other resource, but in the four walls of a prison.
Mr. Hay observed, that he should simply notice one remark of Mr. R.'s.—That gentleman had used the expression of "Pioneer of blood." But surely it would not have escaped him, had he but for one moment seriously reflected upon the court whom he addressed, upon the counsel he opposed or the government. Satisfied of this, Mr. Hay said he should pass the observation by, without further notice.
Mr. Randolph stated that no similar case had occurred in his 30 years practice. It was not wonderful that such a case had not occurred. (Mr. R. here expatiated at some length upon the difference between the state courts
of Virginia and the federal court.) He proceeded then to observe, that the U. S. was a most extensive country; compared to the state of Virginia; that a most material witness might be 1500 miles from the court, before whom he was to appear; and that he might be at the same time at the head of an army; in all which circumstances, the federal and the state sovereignties were different. So that this difference altogether defeated the application of Mr. R.'s experience, to this subject, even if that experience had been admitted as a good authority in the state courts. But even that gentleman would admit, that had a similar case occurred before the state courts, the accused would have been committed.
Mr. Randolph asserts, that this motion is made to draw forth the opinion of the court, and thus to prejudice the minds of the grand jury. But Mr. R. has certainly forgotten, that this intelligent and impartial jury is on their oaths and their conscience; and surely this court will not pay so little compliment to their independence, as to admit that its own opinion will be sufficient to bias their judgement; more particularly too, when the point before the court is so different from that before the jury.—It is the business of the court to commit; and of the jury to indict; and it is certainly the privilege of the court to decide upon written testimony, altho' that point is not so perfectly established and settled, as it relates to the grand jury: How the court would decide upon this point, Mr. Hay said he could not pretend to know.
There is another consideration, which should be weighed by the opposite counsel. The grand jury is now already embodied. They are ready to proceed with any business which may be brought before them. But, my great object, said Mr. H. is to prosecute col. Burr on the charge of Treason. I make this declaration, because I believe him to have been guilty of it. Let us suppose, however, that the grand jury was to discharge col. B. from the misdemeanor; and then that I was to bring the present motion before the court; what resource then would Mr. Randolph have? From the present proceeding, however, Mr. B. would derive the advantage of an immediate trial; whereas, according to the other mode of proceeding, weeks and months might elapse before he would be brought to trial. And certainly it is in every point of view more desirable both for the government and himself to terminate this business at once, than to impose upon us the necessity of moving for an adjourned trial.
Mr. Randolph says "we were ready on Friday; we were ready on Saturday, &c." Sir, there are two sorts of readiness; one in point of fact, and one under certain circumstances. Now these gentlemen will scarcely persuade me that they could be ready to resist the whole weight of evidence, if it were ready to be laid before them. But there is certainly no difficulty in believing, that they are now ready to proceed to trial, when the whole evidence and particularly General Wilkinson's, is not present.
One more remark! Mr. Randolph has expressed a reverence for Mr. Jefferson, which is not certainly derived from trifling considerations. I will make but one remark, and that gentleman will agree with me in the opinion; survey the many-peopled globe through all ages and nations, and you will not find a man more anxiously bent upon promoting the liberty of the people.—This was certainly the idea which Mr. Randolph intended to convey.
Mr. R. next proceeded to Mr. Madison, upon whom he has not hesitated to lavish the most unreserved encomiums. Surely then, after this solemn declaration of the oldest counsel for the prisoner, we shall hear no more about persecution. Sir, it is a state of things which is impossible to reconcile with the amiable character ascribed to the two first officers in the government.
Mr. Wickham observed that he should offer a few remarks on the supplementary arguments of Mr. Hay; that in this case, col. Burr's counsel had called—they had a right to call for the precedents—that Mr. Randolph, who had so ably represented this commonwealth, as a criminal prosecutor for 30 years, had never known a single one to justify this motion; that however true it might be, that the state of Virginia was now of smaller extent than the whole of the U. S. yet that it was then cut up into small judicial districts as the U. S. at present are, and that the witnesses in a criminal prosecution might have been scattered over those districts, as they are said to be in the present circumstances; that Mr. Randolph had represented not one of those districts, but the whole, not only on this side of the mountains, but beyond them; and even the uncultivated region of Kentucky, where travelling was at that time liable to so many difficulties, and from which it was so extremely laborious to transport the witnesses to this side of the mountain; that it was not until Kentucky had been more thickly populated, that a particular court had been established there. And what is

the case in England and her dependencies? Certainly that island is not equally extensive with the U. S. but her subjects may at all events be scattered over the world. Why then is there no precedent in that country? Is it not possible that a man might happen to be as far from the court of king's bench as General Wilkinson is from this court? And yet there is no precedent to justify this motion.
What is the crime? Is it of so little importance that this court, upon this production of every little affidavit should consent to hear new motions for a commitment? This crime is treason; this "a levying of war" against the U. S. And where is the proof of it? Where was Col. B's. forces? Was his army, like that of Bay's, kept in disguise? Wilkinson's testimony cannot establish this fact; for it is the opinion of the Chief Justice that his affidavit does not at all bear upon this subject; and yet two months have since elapsed, and no testimony has been collected. Wilkinson's deposition contains an improbable, mysterious tale, about a key and cypher: Mr. W. said that would not at present expose this transaction; but does this mysterious tale constitute treason? "You, sir, have already decided that there is no treason in Wilkinson's deposition; but were the man him in court, what could he establish further than his deposition can do?"
Mr. Hay is satisfied, that he has sufficient evidence to convict Col. Burr. No man doubts his ability, or his inclination to discharge his duty. Why then does he not lay his indictments before the jury? Because there happens to be a man in New Orleans, and one perhaps in the East Indies; and therefore "to make assurance doubly sure," he must wait for their appearance. And all this too, whilst the gentleman, most seriously protesting against oppression and delay. Though the gentleman may not be conscious of such a sentiment; there must still be something like it in his heart; But whatever may be the motive, the result to ourselves is the same. It produces delay, and all its consequent oppressions.—No court should sanction his proceeding. This case is like that of a man whose cause stands for trial. When subpoenas after subpoenas have been issued; when sums after sums have been expended; he moves for a continuation of his suit. At the very same time he insists upon the sufficiency of his evidence. Surely the court would rule him to trial.
Why is not the attorney for the U. S. ready for trial? He has indeed made a computation of time to show that Wilkinson could not have been here before this period; and he has besides introduced an affidavit to show that an express was on his way to Orleans to give him an early summons. There is, however, nothing in proof that the drawer of this affidavit was not imposed on by this express; or that the express himself was not mistaken as to the contents of his dispatches. And how stands the computation as to time? The post goes from Washington to N. Orleans in 17 days. Mr. Rodney left this city in the last of March. The express must therefore have reached New Orleans about the 20th of April; and yet where is Wilkinson? Though the Mississippi runs down to New Orleans, and opposes a strong current to those who ascend it, yet it is surely a reasonable proposition that on land it requires no longer time to come than to go. And yet General Wilkinson is not here!
Mr. Hay says it is of no consequence whether the grand jury is present or not—But is this consonant with the sound principles of law? Is it constitutional, sir, where there is a particular body set apart for the investigation of facts, for the court to step in and rudely take this power from them? He says that perhaps he shall not send up his bills before the present grand jury. But I trust in God, sir, that this determination will be overruled by the court; and that if this prosecution is ever to be closed, we may see the curtain drop upon it now and forever! If, sir, the prosecution obtains a postponement of trial and for want of evidence, on their part, we might properly contend that Colonel Burr, if bound to bail at all, should be held in a smaller recognizance than at present. But we shall waive this right. It is not our wish to discharge the grand jury but to set this question at rest forever.
We have said, that we were ready for trial. We are so, sir, in fact as well as in the abstract. The prosecutors say, that we do not believe them to be ready. But how the gentleman can suppose that we mean to pay so poor a compliment to their veracity, as to believe that he acts upon his own facts as if he himself did not believe them to be true?
The gentleman, sir, has warmly eulogised the present administration. As a private citizen, sir, no man has less to say with the politics of this country than myself. That gentleman has drawn a picture of our national prosperity; and I am happy to hope that it is true to the life in every thing, one feature only excepted. What, however, will be said of the persecution of my client? Sir, let that gentleman draw the most animated pictures of our happiness which his imagination can supply; let them be however cheering, or however just; it will be but little alleviation to the woes of my persecuted client, that he is the only man in the nation whose rights are not secure from violation.
Mr. Burr then rose and addressed the court to the following effect: I am not, I hope, sir, wasting the time of the court upon the present oc-
casion. The motion proposed is admitted on all hands to be important; and it is certainly a new one. Perhaps it was to have been expected, that on a point so novel, some precedents would have been produced; but in this expectation we have been disappointed. Its novelty will, however, be productive of another effect. It will still better qualify it for making another small feature in a picture of oppressions and grievances, which have never been paralleled in the records of criminal law.
The case is this: no man denies the authority of the court to commit for a crime, but no commitment ought to be made except on probable cause. This authority is necessary; because policy requires that there should be some power to bind an accused individual for his personal appearance, until there shall have been sufficient time to obtain witnesses for his trial. But this power ought to be controuled as much as possible.
The question in the present case is whether there is probable cause of guilt; and whether time ought to be allowed to collect testimony against him. This time ought generally to be limited; but there is no precise standard on the subject; and much is of course left to the sound discretion of the court. Two months ago, however, you declared that there had been time enough to collect the evidence necessary to commit on probable cause; and surely if this argument was good then , it is still better now .
As soon as a prosecutor has notice of a crime he generally looks out for witnesses. It is his object to obtain probable cause for committing the accused. Five months ago, a high authority declared that there was a crime, that I was at the head of it: and it mentioned the very place too where the crime was in a state of preparation. The principle witness against me is said to be Mr. Wilkinson. Now from what period is the time to be computed? If from the time I was suspected five months; if from the time when I was seized, 3 months; or is it to be only computed from the time when I was committed? to that it is near 40 days since the notice must have arrived at New Orleans. But a vessel navigates the coast from New Orleans to Norfolk, in three weeks—I contend, however, that witnesses ought to be procured from the very time when the crimes are said to be committed. There is then no apology for the delay of the prosecution, as far as it respects the only person for whom an apology is attempted to be made.
There are other serious objections to my situation: Must I be ready to proceed to trial? True, sir, but then it must be in their own way. Are we then on equal terms here? Certainly not.
And again as to affidavits. The U. S. can have compulsory process to them: but I have no such advantage. An exparte evidence then is brought before this court on a motion for commitment. The evidence on one side only is exhibited, but if I had mine also to adduce, it would probably contradict and counteract the evidence of the United States. Well, sir, and these affidavits are put into the newspapers; and they fall into the hands of the grand jury. I have no such means as these, sir: and where then is the equality between the government and myself.
The opinion of the court too is to be committed against me. Is this no evil.
A sufficient answer, sir, has been given to the argument about my delay; and its disadvantages to myself have been ably developed. But my counsel have been charged with declaration against the government of the U. S.—I certainly, sir, shall not be charged with declaration. But surely it is an established principle, sir, that no government is so high as to be beyond the reach of criticism. And it is more particularly laid down, that this vigilance is more peculiarly necessary, when any government institutes a prosecution, and one reason is, on account of the vast disproportion of means which exists between it and the accused. But if ever there was a case which justified this vigilance, it is certainly, the present one when the government has displayed such uncommon activity. If then this government has been so peculiarly active against me, it is not improper to make the assertion here for the purpose of increasing the circumlocution of the court.
Mr. Burr observed, that he meant by persecution the harassing of any individual contrary to the forms of law; and that his case unfortunately presented too many instances of this description. He would merely state a few of them. He said that his friends had been everywhere seized by the military authority; a practice truly consonant with European despotism. He said that persons had been dragged by compulsory process before particular tribunals, and compelled to give testimony against him. His papers too had been seized. And yet in England, where we say they know nothing of liberty, a gentleman who had been seized and detained two hours in a back parlor,
had obtained damages to the amount of 1000 guineas. He said that an order had been issued to kill him as he was descending the Mississippi and seize his property. And yet they could only have killed his person, if he had been formally condemned for treason. He said that even the Post-Offices had been broken open, and robbed of his papers: that in the Mississippi territory, even an indictment was about to be laid against the Post-Master; that he had always taken this for a felony; but that nothing seemed too extravagant to be forgiven by the amiable morality of this government. Mr. Burr said, there seemed to be something mingled in these proceedings, which manifested a more than usual inclination to attain the ends of justice. As far as it related to himself, perhaps, these things were of no account; but what was then to be said of those and other measures, such as the suspension of the Habeas Corpus act, which concerned the whole nation? If in the island of G. Britain such a measure was calculated to produce so much disturbance, what kind of sensation ought it to produce in this country?
Our President said Mr. B. is a lawyer, and a great one too. He certainly ought to know what it is that constitutes a war. Six months ago he proclaimed that there was a civil war; and yet for six months have they been hunting for it, and still cannot find one spot where it existed. There was to be sure, a most terrible war in the newspapers; but no where else. When I appeared before the grand jury in Kentucky, they had no charge to bring against me; and I was consequently dismissed.—When I appeared for a second time before a grand jury (in the Mississippi territory) there was nothing to appear against me: and the judge even told the U. S. attorney that if he did not send up his bill before the grand jury, he himself would proceed to name as many of the witnesses as he could—and bring it before the court. Still there was no proof of war. At length, however, the Spaniards invaded our territory: and yet there was no war. But, sir, if there was a war, certainly no man can pretend to say that the government is able to find out. The scene to which they have now hunted it, is only 300 miles distant; and still there is no evidence to prove this war.
Mr. Burr requested the court to consider the consequences which would now result from a commitment for treason; that if he were bound now, the law of Virginia declared that he should so remain till the next term; that this delay was the very inconvenience he would wish to avoid; and that he presumed he was to remain in prison six months, until they could find out this war.
MONDAY, June 1. Present, Chief Justice Marshall. The grand jury met at two o'clock; and were adjourned until tomorrow 10 o'clock.
Mr. Hay observed, that it was extremely disagreeable for him to detain the grand jury; but he knew of no better expedient under existing circumstances; that he had received no new information respecting General Wilkinson; and that the only new communications which he had received by the last western mail, was a mass of affidavits from Chillicothe, drawn up by persons who had descended the river with Col. Burr, and that though their affidavits were extremely important, they could not be brought into court as evidence, there being no evidence that the person before whom they were taken was really a magistrate.
TUESDAY, June 2. Present Judges Marshall and Griffin. The grand jury met and were adjourned till tomorrow 10 o'clock.—There were no other proceedings connected with the trial.
Will be sold at Public Sale on Monday the 6th day of July next at Mr. Chapliers tavern near Charlotte Hall academy in St. Mary's county, a Tract or parcel of LAND called Hulton, situate lying & being in the vicinity of said academy, containing about 150 acres, on six months credit, the purchaser giving bond with approved security. Possession will be given immediately after the sale, and when the purchase money is paid a good and sufficient title will be given. At the same time and place will be sold Six NEGROES, consisting of three valuable men, a lad, woman and child. The terms of sale of the negroes will be made known on the day of sale by SAMUEL TYLER, agent for Mary Pottinger.
June 8—4w WILLIAM MARBURY
Has just received, via Philadelphia and Baltimore, and now for sale at his store, next door above Mr. Elisha Riggs, Bridge Street, an elegant assortment of Fancy & Spring Goods, viz.
  4 4th, and 7 8th Irish Hurl net, do.  linens  Silk and cotton hosiery    5 4th Irish sheeting  Figured Florence     Linens ca. bricks,  Plain  craps    Thread and cotton lace  Plain and plain  Man-    Fancy ginghams  tuas     Do. gauze muslins  White and coloured     Seeded mull do.  kid gloves     Tambooured do.  Parrafoes, plated     Fancy tambooured mull  mounted     mantés  Ladies, muffs and chil-     Leno do. do.  dress morocco sup-     Leno long shawls  pers     Do. tambooured veils,  Blue, plain and coloured     8 8th and 6 4th cam-  nankenes     brick muslins  Cotton cassimeres     4 4th silk cambrays  Marseilles waistcoating     Cotton do.  India and cambric di-     7 4th fatten damask  mities     shawls  London hats, &c. &c.    Georgetown, May 15—tawz2m
New York, June 3. The new brig Milos, which arrived at this port yesterday from Norwich, is built of oak boards one inch thick, upon Col. Halsey's plan, and has seven thick-knees. She sails fast, works remarkably well, and appears strong and safe. We are informed that an older brig, which was built upon the same plan about twenty years ago, is still a regular trader from the port of Philadelphia.
Indirect Voyages.—As the new doctrine of the British vice admiralty courts in the West Indies, (for no decision, that is recollected, has appeared upon the subject in the mother country) seems not to be generally known or clearly understood, the following extracts from letters written by a gentleman of this city, who was present at the following decisions, to his friends in this city, will place the matter in a clear point of view; and being of authority unquestionable, will prove the more interesting to the public.
Antigua, August 31, 1806. "The American brig Triton and cargo were condemned since my arrival, on the following grounds: The captain had gone first to Barbadoes, and sold part of his cargo for cash and bills—thence went to Martinique, and with the money purchased a return cargo, and unsold part of his outward cargo, and on his passage homeward was sent in here. It was considered as an indirect voyage, and not coming within the instructions or regulations of 13th July, 1803. The only now existing great stress was laid upon the specie being carried "from his majesty's colony to that of his enemy."
Jan. 20, 1807. "A case similar to the Triton's, mentioned in my letter of 31st August, has just occurred."
"The Horizon, Jenkins, of Newbern, N. C. went in (confessedly) from Barbadoes or Dominica to Guadaloupe, with the proceeds of his outward cargo, invested partly in produce of the former island, and the remainder in cash and bills. The cash was stated at about 4 or 500 dollars, and which was found on board."
"It is true there was no proof of the bills so taken, but the captain's oath; and the cargo he took in at Guadaloupe was therefore considered as in part procured by more cash than he confessed, taken from an English to an enemy's island; and the remainder French property on freight."
"The condemnation, however, of both vessel and cargo, except that part of the latter taken in at Barbadoes, reserved for further consideration, went on the indirectness of the voyage, as in the case of the Triton."
"Another similar to the foregoing, has recently taken place in that of the Friendship."
New York, June 6. Captain King, of the ship American Eagle, who left Montevideo the 5th April, informs that the British still kept possession of that place, and were making preparations to attack Buenos Ayres. Reinforcements from England were expected daily. Nine of the crew of the ship Bengal that was cast away in Maldonado roads, came home with captain King.
Captain K. further informs, that the British had taken Colonia; and that gen. Beresford was on the eve of sailing for England.
By Charles Stirling, Esq. Rear Admiral of the White, &c. &c. &c. and Brigadier General Sir Samuel Auchmuty, Lieutenant Commanding in Chief.
A PROCLAMATION. Notwithstanding the fortress and city of Montevideo have been taken by assault, we being desirous to evince the mildness of his Britannic majesty's government, and actuated by humanity towards the distressed, do hereby invite the inhabitants of Montevideo and its dependencies, to return to their several avocations, assuring them of full protection to their persons, provided they behave themselves as becometh good subjects and citizens, taking the oath of allegiance to his Britannic majesty.
The private property of individuals, (fire arms, and other warlike weapons excepted) shall be respected, unless it appears on full consideration that it has been fraudulently obtained, to injure government or the captors.
The inhabitants may freely profess the holy Roman Catholic religion, and every proper respect shall be paid to the ministers of the Gospel, provided they confine themselves to their sacred duty, behave as becometh good subjects, and do not endeavor to prejudice the minds of the people against his Britannic majesty's government. All property belonging to the churches, colleges, monasteries, foundations and other public institutions of that kind, shall remain free and unmolested, provided the ground on which it stands is not actually required for any fortification that may be raised for the defence of the town or place.
The magistrates until further orders, shall continue to exercise their several functions as far as regards the police of the city and its district, subject, however, to such alterations and amendments, as the general commanding in chief, may think proper to direct; but such crimes as affect the government or the safety of the fortress, will be amenable to martial law.
The different taxes and duties levied by the magistrates, to remain, until further orders, and to be collected by them in the same manner, and applied to the purposes as heretofore.
Passports will be granted and every encouragement given to such persons,
as are disposed to supply the city with the production of the country.
Given under our hands, at head quarters, Fort St. Philip, this 3d day of February, 1807.
CHARLES STIRLING, SAMUEL AUCHMUTY.
Philadelphia, June 2. It appears from an official statement, that in consequence of the ordinances of the 10th July, 1793, and 20th Jan. 1797, respecting reconciling courts in the kingdoms of Denmark and Norway—the royal chancery (chief department of justice), has received returns as well from the capital and the West Indies, as from all the counties and bailiwicks throughout the said kingdoms and Iceland, concerning the cases that have come within the operation of the regular and general reconciling courts or committees, courts of the police and other jurisdictions, in as far as such courts and cases have been susceptible of reconciliatory proceedings. The said department has laid before his majesty, two detailed abstracts from these reports, one for each of the years abovementioned, and these set forth, that
First, in the year 1804.—1st. out of 46,820 cases which came before the general reconciling committees or courts, 30,124 were reconciled or arranged by mutual consent, 1,396 postponed, and 15,300 referred to the courts of justice, before which however but 3,722 of the latter have appeared—and 2d. out of cases resorting under the police, susceptible of reconciliatory proceedings, being 4,198, 2,878 were reconciled, 121 postponed, and 1,198 adjudged.
Second, in the year 1805.—1st. out of 50,764 cases under the cognizance of the general reconciling committees or courts, 32,913 have been reconciled or arranged by mutual consent, 1,418 postponed, and 16,586 referred to the courts of justice, before which however but 3,711 of these latter have appeared; and 2d. out of cases resorting under the police, susceptible of reconciliatory proceedings, being 6,010, 4,414 have been reconciled, 150 postponed, and 1,451 adjudged.
Baltimore, June 5. The British are in possession of all the north side of the river, from Cologna to Monte Viedo, and have a strong garrison at Cologna.
General Beresford has made his escape from Paraguay.
On the 29th March admiral Sterling and general Auchmuty sailed in the Daphne up the river, to reconnoitre.
Fifty-five sail of English merchantmen were in the port, laden with goods from England, worth upwards of two millions sterling. Goods were selling for less than cost, without charges, what little sale there was.
Frankfort, May 14. Extract of a letter from a gentleman at Port Stoddart, M. T. to his friend in this place, dated
"April 4, 1807. "The Spaniards have behaved basely, Some time before Congress met, capt. Gines was directed to apply to the governor of Florida on the subject of duties. Col. Howard then acted as governor: and after much deliberation conceded that American vessels should pass Mobile without paying any other duties than Spaniards going to Baton Rouge pay at New Orleans. They pay none. Yet in the face of this order the commandant at Mobile has detained an American vessel 3 weeks loaded with goods for the Chactaw trading house & provisions for the troops: he threatens to throw every soul in the Calabousses if they attempt to go up the river, and says that governor Howard had nothing to do with it, and that governor Folks, who now acts, has given peremptory orders to the contrary. A vessel loaded with 160 bales of cotton passed my house last Sunday and expected to be allowed to pay the duties without going by the town of Mobile, as it is much out of the way and difficult of access. But they have compelled him to return and go by the town, and are now, as I was told to-day, unloading the vessel, to be perfectly certain that nothing passes without paying duties. When will our country be roused to resent these injuries?"
"Some troops are expected from Orleans—the usual quota stationed in this country. The Spaniards have sent out all the vessels they have to stop them. But they will come by land."
"A letter which I received just now from Mobile, which is about 30 miles from my house, says that they have been making warlike preparations there for several days. Mobile news, however, is not often to be relied upon."
LONDON, APRIL 12. We have been favored with an extract from one of the latest dispatches of gen. Bennington. We feel great satisfaction in the opportunity of presenting this document to our readers. It contains a most effectual antidote to any discouraging apprehensions which the two last bulletins might possibly create. The Russian commander does not seem to stand in great awe of either the skill or the strength of his opponents. He speaks confidently as to the success of his proposed operations; and the caution which he has observed, evinces that he is not likely to be precipitated into a rash engagement, nor easily diverted from his purpose. His apparent inactivity, as well as that of the enemy indeed, is to be accounted for in the expectation of reinforcements. It is not improbable that both armies will decline a general engagement until they have been joined by the troops which are hastening to their respective support. The Russian reinforcements, though nume-

rous, were not, we conclude from this dispatch, so far advanced as those of the enemy. The Bavarian contingent would join the main army in a few days after the date of the last Bulletin, and this, we suppose, would be the signal to the French to break up from their cantonments, and begin to act upon the offensive.
Extract of a dispatch from gen. Bennington, dated
"H. Q. Landsberg, Feb. 27, 1807. "I left Konigsberg on the 25th, and am at the enemy's heels. They continue their retreat in extreme disorder. The cannon, waggons, caissons, and baggage, are the only obstacles which they seem anxious to oppose to us. My advanced guard, which has been considerably reinforced by the Cossack of the Don, harass them necessarily, & always with considerable success. According to the most accurate reports we have taken prisoners, since the battle of Eylau, 48 officers, 70 subalterns, and 3205 soldiers, not including 300 others, who have died of their wounds. The reinforcements which I expect from Russia are already on their march; & their early arrival will enable me to follow, with as much precision as confidence, the plan of operations which I have laid down. The garrison of Dantzig has made another sortie against the Polish insurgents, and has completely beaten them near Dirschau."
Extract of a letter from Malmoe, in Sweden, March 19.
"You know, I suppose, that their Swedish majesties reside here at present. The 12th of this month, being the anniversary of the queen's birthday, was, of course, celebrated here with every mark of joy and festivity. On this day, a numerous deputation of the nobility of this province had an audience of the king. Count P. de la Gardie, who headed the deputation, addressed the beloved monarch in a most able and eloquent speech, setting forth the high sense entertained by the nobility, of the many wise and salutary regulations, both agricultural and commercial, taken by his majesty for the good of this part of the kingdom in particular, and begging him, most graciously to permit the nobility of this province, to erect a monument to his majesty, expressive of their respect and gratitude. You may easily believe, that every one applauded the just and well-timed zeal of the nobles. The king, however, with that dignified condescension so peculiar to his majesty, & that nice sense of the equal rights of all his faithful subjects, so characteristic of the Rara race, was graciously pleased to answer:
"That he thanked the nobles for their loyal address and sentiments, but wished that on this subject, they had conferred with their fellow-citizens the other three orders of the state; who, having reaped equal benefits from his paternal care, could not fail of entertaining the same grateful feelings." His majesty added, that "the erection of a monument in honor of that great man, Field marshal count Stenbock, who reconquered the province of Scania to the crown of Sweden, would be much more consonant to his wishes, and more readily meet with his royal approbation."
"I cannot imagine to myself any thing more deserving of admiration, than to see a king decline a monument, offered him at the age of 28 years, by the nobles of his kingdom, and intended to be erected within sight of a neighboring nation; (within sight of Denmark) and decline that monument in favor of the memory of a subject. This action of Gustav IV. Adolph, worthy the son and successor of the immortal Gustav III., needs no comment; but the accounts of it I thought will be acceptable to Britons, themselves so well accustomed to see patriotic virtues grace the throne."
"The nobles had a second audience of the king, when they begged, and obtained his majesty's permission, jointly with the other orders of the state, to erect a monument to the memory of count Stenbock Helsingborg, who is to be honored with this monument, and the place where it will be erected, is to bear the hero's name."
District of Columbia, county of Washington Circuit court. June term, 1807. IN CHANCERY, JUNE 6TH, 1807. John Threlkeld, versus Jacob Groff and Bernard French.
The report of Daniel Buffard the trustee formerly appointed in this cause having been returned, sworn to, and filed and the proceedings thereon approved. It is therefore ordered and adjudged that the said report be ratified and confirmed unless cause be shown to the contrary on or before the twenty second day of June instant. provided a copy of this order be published in the National Intelligencer three times before that day.
The report states that the property therein mentioned was sold for the sum of two hundred and five dollars, and that Isaac Dawes became the purchaser thereof. By order WM. BRENT, Clk. June 8-3t
This is to give Notice,
THAT the Subscriber hath obtained from the Orphan's court of Washington county, in the district of Columbia Letters of Administration on the personal estate of Richard Nelson late of said county, deceased—All persons having claims against the said estate are hereby warned to exhibit the same with the vouchers thereof, to the subscriber on or before the 1st day of December next, they may otherwise by law be excluded from all benefit of said estate. Given under my hand this 23rd day of May, in the year 1807. SARAH THOMPSON, Adm'x. May 24-w3t
WASHINGTON CITY.
WEDNESDAY, JUNE 10.
The impatience of the public with regard to the trial of Aaron Burr seems to have produced an erroneous expectation of the time at which gen. Wilkinson was likely to attend at Richmond. The aid, almost of miracles, has been enlisted to gratify this impatience, and the disposition on the part of the accused to criminate the prosecution, on the ground of delay. Now the fact is, that, notwithstanding the greatest exertions on the part of the latter, the attendance of Wilkinson at a period earlier than the present was extremely improbable. We say the greatest exertions—for none have been spared to command his presence at the earliest possible day. This will appear from the following facts: On the 5th of April the Chief Justice made his decision at Richmond, which was the first judicial determination of the place where Aaron Burr was to be tried. Before this period, it would have been absurd for the government to have subpoenaed witnesses, whose presence might have been required in Washington or Orleans, in Virginia or the Mississippi Territory. For let it be recollected, that the designation of the place of trial is entirely the province of the judiciary.
It took three days to bring to Washington information of the decision at Richmond—This brought down the time to the 8th of April—On the 9th a subpoena issued for gen. Wilkinson, & on the same day the messenger started, having received special instructions to lose no time, and carrying orders from the Secretary of the Navy, in case the general determined to come by water, to dispatch a public vessel with the least delay. The messenger, it is probable, took 28 days in going to New Orleans. We say this is probable, as there has not, we understand, been an instance in which the road has been travelled in a shorter time, and as at this season the unusual falls of rain must by their effects upon the roads, and by the raising of the creeks and rivers, have created uncommon impediments. In this case he would have reached New Orleans on the 7th of May. If general Wilkinson determined to come on by land, it is evident that he could not reach Richmond in a shorter time than it took the messenger to go to Orleans; and allowing only two days for his preparation, he would not at that rate have reached Richmond before the 6th of this month. Supposing, however, he preferred a water passage, it is scarcely possible that the vessel could be in readiness in less than a week from the time of receiving her orders. If so, she could not have sailed until the 16th of May, since which period to the last advices from Richmond is only 21 days. We do not recollect the exact time in which passages have been made from New Orleans to the centre of the Atlantic states; but we have a distinct recollection that we have in no instance received news from that place in less than 25 days. Let us, after this statement of facts, hear no more illiberal animadversions on the government or general Wilkinson, on the head of delay. The first, it is certain, has done its duty, and the general, for aught that appears, has done his.
According to the latest information from Richmond, the Grand Jury had been advised on Thursday that they would not be called until the ensuing Tuesday, (yesterday) by which day General Wilkinson was expected.
ON RELIGIOUS LIBERTY.
(CONTINUED.)
To the constitution of New-York that of NEW JERSEY presents a painful contrast. It sets out with a bold declaration on the side of religious freedom, and concludes with confining many of the most important political rights which freemen can possess to protestants. Indeed, it would seem by an implication not much stretched, that the civil rights of all other denominations were placed at the mercy of the legislature.
These provisions follow: "That no person shall ever, within this colony, be deprived, of the inestimable privilege of worshipping Almighty God, in a manner agreeable to the dictates of his own conscience; nor under any pretence whatever, be compelled to attend any place of worship, contrary to his own faith and judgment—nor shall any person, within this colony, ever be obliged to pay tithes, taxes, or any other rates, for the purpose of building or repairing any other church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himself to perform."
"That there shall be no establishment of any one religious sect in this province, in preference to another; and that no protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all persons, professing a belief in the faith of any protestant sect, who shall demean themselves peaceably under the government, as hereby established, shall be capable of being elected into any office of profit or trust, or being a member of either branch of the legislature, and shall fully and freely enjoy every privilege and immunity, enjoyed by others their fellow subjects."
THE constitution of PENNSYLVANIA approaches as near as possible, without actually reaching the point of religious freedom. The second provision is exceptionable, so far as it intermingles even in a remote degree religious principles with political duties; but in its practical effect, it can have but little, if any influence on the present state of society, as there are probably very few who do not believe in the existence of a God and a future state of rewards and punishments.
These provisions are, "That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law, to any religious establishments or modes of worship."
"That no person, who acknowledges the being of a God, and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this commonwealth."
The following articles of the constitution of DELAWARE furnish us with almost a perfect model on this head:
"Although it is the duty of all men frequently to assemble together for the public worship of the Author of the universe, and piety and morality, on which the prosperity of communities depends, are thereby promoted; yet no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations, or modes of worship."
"No religious test shall be required as a qualification to any office, or public trust, under this state."
The Constitution of MARYLAND is in a high degree exceptionable, by restricting the right to protection to persons professing the Christian religion, and more so, by authorising the legislature to lay a general tax for the support of the Christian religion. Its provisions are these:
"That as it is the duty of every man, to worship God in such manner, as he thinks most acceptable to him, all persons, professing the christian religion, are equally entitled to protection in their religious liberty; wherefore no person ought by any law, to be molested in his person or estate, on account of his religious persuasion or profession, or for his religious practice; unless, under color of religion, any man shall disturb the good order, peace, or safety of the state, or shall infringe the laws of morality, or injure others in their natural, civil, or religious rights: nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain any particular place of worship, or any particular ministry; yet the legislature may, in their discretion, lay a general and equal tax, for the support of the christian religion; leaving to each individual the power of appointing the payment over of the money, collected from him, to the support of any particular place of worship or minister, or for the benefit of the poor of his own denomination, or the poor in general of any particular county."
The Constitution of VIRGINIA is entirely silent on the subject of religion.
In the Constitution of NORTH CAROLINA we find the following provisions:
"That no clergyman, or preacher of the gospel, of any denomination, shall be capable of being a member of either the Senate, House of Commons, or Council of State, while he continues in the exercise of the pastoral function."
"That no person, who shall deny the being of a God, or the truth of the protestant religion, or the divine authority of either the Old or N. Testaments, or who shall hold religious principles incompatible with the freedom and safety of the state, shall be capable of holding any office, of trust or profit, in the civil department, within this state."
"That there shall be no establishment of any one religious church or denomination in this state, in preference to any other; neither shall any person, on any pretence whatsoever, be compelled to attend any place of worship contrary to his own faith or judgement, nor be obliged to pay, for the purchase of any glebe, or the building of any house of worship, or for the maintenance of any minister of ministry, contrary to what he believes right, or has voluntarily and personally engaged to perform; but all persons shall be at liberty to exercise their own mode of worship."
These provisions recognize several invasions of conscience and deprivation of right. The last provision, particularly, exacts a more rigid test than, it is believed, is to be found in the system of government of any other state in the union.
The Constitution of SOUTH CAROLINA renders all ministers of the gospel ineligible to the offices of governor, lieutenant governor, Senator or Representative.
It adds— "The free exercise and enjoyment of religious profession and worship, without discrimination or preference,
shall, forever hereafter, be allowed."
The Constitution of GEORGIA contains the following provision, which places religion on the only ground on which it ought to rest.
"No person within this state, shall, upon any pretence, be deprived of the inestimable privilege of worshipping God, in a manner agreeable to his own conscience, nor be compelled to attend any place of worship, contrary to his own faith and judgement; nor shall he ever be obliged to pay tithes, taxes, or any other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do. No one religious society shall ever be established in this state, in preference to another; nor shall any person be denied the enjoyment of any civil right, merely on account of his religious principles."
The Constitution of VERMONT contains the following provision:
"That all men have a natural and unalienable right to worship Almighty God, according to the dictates of their own consciences and understandings, as in their opinion shall be regulated by the word of God: and that no man ought to, or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any minister contrary to the dictates of his own conscience, nor can any man be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship; and that no authority can, or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner controul the rights of conscience, in the free exercise of religious worship. Nevertheless, every sect or denomination of christians ought to observe the sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God."
The Constitution of TENNESSEE contains the following provisions:
"Whereas the ministers of the gospel are, by their professions, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore no minister of the gospel, or priest of any denomination whatever, shall be eligible to a seat in either House of the Legislature."
"No person who denies the being of God or a future state of rewards and punishments, shall hold any office in the civil department of this state."
"That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and that no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; that no human authority can in any case whatever control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishments or modes of worship."
"That no religious test shall ever be required as a qualification to any office or public trust under this state."
The Constitution of KENTUCKY contains the following articles:
"No person, while he continues to exercise the functions of a clergyman, priest or teacher of any religious persuasion, society or sect; shall be eligible to the General Assembly, or to the office of Governor."
"That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; that no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority ought, in any case whatever, to control or interfere with the rights of conscience; and that no preference shall ever be given by law, to any religious societies or modes of worship."
From this summary it appears—
1. That the greater part of the state Constitutions contain provisions invasive of religious freedom. 2. That these invasions are in direct collision with the fundamental principles laid down, in many cases, in the very instruments that contain them. 3. That the clergy are deprived of the most important political rights. 4. That while a pledge of protection is given to Christians, in some instances to Protestants alone, it would appear to be virtually denied to anti-christians, and in some instances, to Roman Catholics. 5. That in some of the states a belief in the existence of a God and a future state of rewards and punishments is made a pre-requisite for the enjoyment of office. 6. That the legislatures of some of the states have the power by law to lay taxes for the support of the clergy; and 7. That an individual may consequently be compelled to pay for the support of a religion he disbelieves.
We shall not enter into a discussion of these powers, as they are, we feel confident, in universal repugnance to the unfettered consciences of men, and as the very constitutions that bestow them, likewise lay down principles entirely incompatible with them.
Many of these provisions, we are persuaded, have crept into our institutions from accident, or from a desire to avoid shocking, by a premature attack, prejudices, which had become deeply rooted. In no instance, perhaps, have they been adopted, after a full and fair examination. Most of them are un-
deed mere dead matter, which has never been regarded by the legislature or the citizens of the several states. Their having, however, in some few cases been put into operation, and been made the engines of oppression, shews the necessity of embracing the earliest convenient occasion to eradicate them from our institutions altogether. Let the constitution of the U. S. the offspring of the most enlightened body ever assembled in this country, or perhaps in the world, be our model. Let the conscience remain unfettered; and let us leave man in his religious concerns to his God.
A new work from the pen of Thomas Paine, has just made its appearance in New-York, entitled "Examination of the Passages in the New Testament, quoted from the old and called prophecies concerning Jesus Christ. To which is prefixed, an Essay on Dreams, shewing by what operation of the mind a dream is produced in sleep, and applying the same to the account of dreams in the New Testament; with an Appendix containing my private thoughts of a future state, and remarks of the contra-historical doctrine in the books of Matthew and Mark."
TAKE NOTICE.
THE creditors of Zadock Baldwin, an insolvent debtor, are desired to take notice that the subscriber, legally appointed assignee of said insolvent debtor, will attend at the house of Johnson Tule, innkeeper in the town of Newark on the 3d day of July next at 10 o'clock A. M. to examine and ascertain the debts due to each creditor; and that he will on Thursday the 3d day of December next, at 10 o'clock A. M. attend at the same place to make a division of all the money which shall then have come to his hands, of the estate of the said Zadock Baldwin. 3L 18 CONDIT. Dated Newark, N. Jersey, 18 June 1807—June 10-1m
FRESH TURNIP SEED. (WARRANTED GOOD.)
Early Turnip seed, Large White round, do. Ruta Baga, or Swedish, do. For sale at THOMAS HOL'S Nursery Garden city of Washington, and at Dr. OTT'S Georgetown. June 10 w6t
FOR SALE,
At the TANYARD of UNDERWOOD and STOCKWELL on Saturday 12th June. Timothy & Clover, By the acre To commence at 11 o'clock. SAMUEL SPEAKLE, Auct'r. June 10-2t
This is to give Notice,
THAT the subscriber hath obtained from the Orphan's Court of Prince George's county in the state of Maryland, letters of administration on the personal estate of John Hughes of said county deceased. All persons having claims against the said deceased, are hereby warned to exhibit the same, with the vouchers thereof to the subscriber, on or before the first day of August next, they will otherwise by law be excluded from all benefit of the said estate. Those indebted to the deceased to make immediate payment. WM. WEMMS, Adm'r. Anne Arundel county, Md June 10-w3t
all my creditors are requested to take Notice. THAT I shall apply to Charles county Court, at August term eighteen hundred and seven, for the benefit of the laws passed in favor of insolvent debtors, in the years of eighteen hundred and five and eighteen hundred and six.
JOHN B. HANSON. Charles county, state of Maryland, June 6, 1807-3t
COMMITTED to my custody, on the 23rd day of May last as a runaway, a dark mulatto man, who calls himself DENNIS—appears to be about 25 years of age, who lays he belongs to John M'Ray in Danfies in the state of Virginia: he is about 5 feet 8 inches high; his clothing is a blue roundabout and pantaloons, coarse linen shirt, an old hat old shoes, and has a scar in one of his eye lashes. The owner is requested to come forward, pay charges and take him away, otherwise he will be sold agreeably to law for his prison fees, &c.
JOHN FLEMING, Sheriff of Montgomery county. June 10-3t
R. C. WEIGHTMAN, PRINTER, BOOKSELLER AND STATIONER, PENNSYLVANIA AVENUE,
HAVING purchased the Extensive and Valuable establishment of WM. DUANE, consisting of Books, Stationery, Binding implements, and Printing materials, offers for sale at the lowest Philadelphia rates, Books and Stationery of all kinds; Music and Musical Instruments—Printing Ink of the first quality, and Patent Ball Skin.
Printing in all its various branches, will be executed to order, with taste and on the shortest notice.
Blank Mortgages, Deeds, Leases, Bills of Lading, Powers of Attorney, Apprentices' Indentures, Warrants, &c. kept constantly for Sale, by the quire or single sheet. Lawyers & others, by taking a quantity will be allowed a liberal discount.
R. C. W. Solicits the attention of his friends, and hopes by unremitting assiduity to his business, to merit a share of public patronage. May 27-2t
A HANDSOME SORREL HORSE
For Sale
Apply as above.

CHARLES H. VARDEN, Merchant Taylor New Jersey Avenue, near the Capitol. RESPECTFULLY informs the gentlemen of the district of Columbia, he has imported by ship Eliza ANN lately arrived at Philad. A choice assortment Of Extra Superfine cloths, Bennetts, Velvets, and Cordes, Callimacris, single and double milled Batavia cloths, fashionable Spanish Orleans and Tolietts, rich silk Moleskin velvets, silk and satin Florentines, with a variety of other articles suitable for the season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. Richard Harwells celebrated patent parallel Suspenders, can be had on the same terms as at his manufactory. November 12—tf
LAND FOR SALE. The Subscriber offers for sale 780 acres of land on Bull Run in Jefferson county Virginia about 10 miles from Harper's Ferry, and a miles from the Shenandoah river 400 acres of this land is cleared, the rest in woods, on it there is a valuable Mill seat with 22 feet fall, the stream affording a facility to water to turn two pair of stones, 25 acres of watered meadow which produces abundant crops of Hay, and as much more may be made at a trifling expense—the cleared land may be laid off into fields of 50 acres and each field have running water in it; there is generally grown on this farm 120 acres in wheat, which has not for some years past, produced less than 2,500 bushels per annum—the improvements are a Stone Dwelling House and kitchen, a Stone Dairy with a large never failing spring near the dwelling, a barn with stables under it for 30 horses, an apple orchard of 200 trees of choice fruit, and a variety of other fruit trees; on another part of this farm, there is a small frame Dwelling House, Kitchen and Dairy, Smoke house, Barn and Stables—this property will be shown and the terms made known on application to the subscriber on the premises. JORN GANTT, Sen. April 29—epm
This is to give notice, that the subscriber of the city of Washington in the district of Columbia, hath obtained from the Orphan's Court of Prince George's county in the state of Maryland, letters of administration on the personal estate of Thomas Duckett, late of said county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof, to the subscriber on or before the first day of October next, they may otherwise by law be excluded from all benefit of the said estate. Those indebted to the deceased are desired to make immediate payment. ALLEN B. DUCKETT, Adm. City of Washington, March 18—tf All claims forwarded by mail must be post paid.
The thorough Bred Horie MONTICELLO, NOW IN HIGH ORDER. WILL be Let to Mares the ensuing season to commence the first of April, at my seat, near Georgetown, at FIFTEEN DOLLARS, per Mare, for which a note must be sent payable the first of September, and one dollar to the groom; or in lieu thereof, ELEVEN DOLLARS in money. Good and extensive pasture, well enclosed, at 50 cents per week, and the mare fed, if required, at the market price, for which the money must be sent. The greatest care taken to prevent accidents or escapes, but will not be responsible for either. JOHN THRELKELD. March 23—tf
FOR RENT, The House now occupied by Mr. Edward Jones—its advantageous situation to Market and the many real and essential conveniences appertaining thereto, render it a very desirable residence for any genteel family to a person, who I can be satisfied will make a good tenant, a lease of years will be granted if required. Possession can be given the first day of July next. W. M. STEUART. Georgetown, April 20—eptyJuly.
THE INSPECTION OF TOBACCO IN THE City of WASHINGTON Will commence on the 10th day of next month, (June) until the Warehouse now building is finished, the Tobacco which may be brought will be inspected and stored at Mr. Small wood's ware-house, near the one building by the city. MICHAEL LOWE, Inspector. May 27—3w
Ran away from the Subscriber living near the Eastern Branch bridge, a negro woman of about 32 years of age of a middle stature, rather blacker than common, somewhat pitted with the small pox about the nose; she has had liberty at different times to choose a master; she has left a fucking child, and I believe has contracted an acquaintance with a certain Cato Day, a black man who has worked some years past in the Navy Yard in the city of Washington. I have reason to believe she is either harbored or concealed or rather conveyed from this place under her master's change of clothing, therefore cannot be well described by her dress. Whoever takes up the said negro and secures her so as I get her again shall have TEN DOLLARS reward and all reasonable expenses if brought home. JOHN MASTERS. June 5—tf
It is more than probable she taken her route towards Baltimore. All persons are warned against harboring or concealing her at their peril. J. M. WM. S. NICHOLLS, HAS just received from Philadelphia, and now for sale, a large and very handsome supply of SPRING GOODS, which he can offer his friends and customers on terms which will be pleasing to them—having taken great pains to select a general assortment, and goods of the best quality. He has on hand, Irish Linens, Dimities, India Muslins, and Calicoes, which will sell very low; well worth the attention of those who purchase by the piece. Georgetown, June 3—3w
TRIAL of Col. AARON BURR. WESCOTT & CO. Eleventh street near Pennsylvania avenue, Washington city. INFORM the public, that they have engaged Mr. THOMAS CARPENTER, one of the most able and correct Stenographers in the United States, to attend the Circuit Court to commence its session in Richmond, on the 22nd of this month; and if the trial comes on, to publish as speedily as possible, a full and complete account of it, accompanied by all the documents relative to this memorable and important decision. May 18—tf
A GOOD STAND. TO LET, the House next west of Rhodes's Hotel, where Mr. M'Laughlin carries on the boot and shoemaking. ALSO, A House for a genteel private family. To Let, the House adjoining Josiah W. King's, Esq., on F Street. Enquire of JAMES HOBAN. May 29. ep
Treasury Department, May 1st, 1807
PROPOSALS WILL be received at the Treasury till the 10th of June next inclusive, for building a light house on an island situated at the mouth of the River Mississippi, according to the designs and description prepared by B. H. Latrobe. The light house to be a circular tower forming a truncated cone 27 feet diameter at the top of the basement, 12 feet diameter at the top of the platform, which forms the floor of the lantern, and 81 feet 7 inches high from the natural surface of the ground to the said platform. The foundation to be sunk 8 feet six inches below the surface of the ground, and 28 feet 6 inches in diameter, is to rest on piles driven 20 feet into the earth, and to consist of a reversed Cupola of brick of 25 feet external diameter, 7 feet 6 inches in depth, and bedded in a work of solid masonry, one foot thick above the piling, and which must fill the whole space dug for the foundation and not occupied by the said Cupola. A circular basement wall 3 feet 6 inches high, and 2 feet 3 inches wide to be built of well bonded broad rough stones upon the rim of the reversed Cupola, and upon the solid wall in which it is bedded. The exterior wall of the tower from the top of the basement is to be two feet thick, built of wrought free stones perfectly jointed and bedded, in no part less than two feet thick on the bed of each stone going quite through the wall, the exterior to be chiselled fair; the interior rough pointed. Six equidistant interior brick walls, two bricks and a half thick each, must be bonded with the external wall and extend within the tower, their interior end forming the well of the stair case which is 12 feet wide at the surface of the ground. Those buttress walls (which must be founded upon sprayed arches turned on a brick wall, erected on the rim of a smaller inverted Cupola turned within the larger one) to be united together at each revolution of the stairs, by brick splayed arches, forming the well of the staircase and extending to the external wall of the tower; and on the crown of those splayed arches, reversed arches must be turned, the reversed feet of which support the buttresses above. Those arches forming a succession of recesses rising with the spiral line of steps, will continue to the elevation of fifty feet; and thence upwards the interior lining of bricks is to be built solidly and well bonded with the external wall to the top of the tower, the three upper courses of free stones excepted, which are to go through the whole wall in single blocks. The spiral staircase 12 feet diameter at the surface of the ground, and 8 feet diameter at the top of the tower is to consist of 133 steps of Pennsylvania marble with a 9 inches newell supported on a capped free stone pillar, resting on the centre of the foundation Cupola; the other ends of the steps to be supported by, and to go six inches into the brick buttresses and arches above described. A marble platform to cover that part of the Cupola which is not occupied by the first stairs; and the platform which forms the floor of the lantern to consist of ten slabs of marble well jointed together and projecting three inches beyond the upper course of free stone. The entrance into the lantern to be through a sheet iron door sliding on rollers. The lantern 8 feet 6 inches diameter, and 9 feet 6 inches high, is to be fixed in its place by 12 strong iron bars, worked solidly six feet six inches into the wall and secured at the lower end by strong cross bolts one foot in length, with a screw six inches long above the stone work. The twelve corner posts of the lantern to be also iron bars, turned with a flat foot through which the screws of the anchor bars must pass and be strongly fastened to the nuts; their upper ends being morticed into a strong circular iron ring, upon which the iron rafters are rivetted. The rafters to be also framed into an iron hoop with a copper funnel and a large copper ventilator above turned by a vane. The space between the corner posts to be occupied by strong iron sashes glazed with 10 by 12 glass of the first quality, and one of the sashes to be hung on hinges for a door to go out on the platform which is to be surrounded by iron balustrades 3 feet high with a rail and a strong wire netting carried from the rail to the eaves of the lantern. The necessary lamps or lamps, either suspended by iron chains or supported on iron feet; and a close stove be placed in the lantern. The building to be painted black, to be provided with two complete electrical rods with gilt points; and to have one door, and at each revolution of
stairs two opposite windows 2 feet by 9 inches. The keeper's dwelling house to be erected round the basis of the tower forming a concentric circular building entirely of brick, and of 60 feet external diameter, including that of the tower. The foundation sunk 4 feet, to rest on piles driven 20 feet into the earth, and to be 2 and a half bricks thick, continuing of that thickness 3 feet 6 inches above the ground. The wall to rise 10 feet higher 2 bricks thick, to be connected with the external wall of the light house by nine partition brick walls and to have internal brick piers from which at the elevation of six feet above the base wall spring arches against the body of the light house; and on the top of these carriage arches segment arches must be turned all round the building. The house to be furnished with two stacks of chimneys, and to have twelve external doors or windows, and also internal doors communicating from one room to another; and the internal walls and ceilings to be plastered.
A circular piazza ten feet wide, to be erected round the dwelling house, resting on a foundation brick wall of one and a half brick thick, sunk five feet below the ground rising three feet above the same and coped with free stone; into which 24 cast iron pillars 8 feet 8 inches high are to be fixed. The piazza to have two porches formed by arched brick walls connecting it with the dwelling house.
On the top o the pillars, plates are to be laid framed together and supporting a ceiling floor. A framed roof covered with cypress shingles, to cover both the dwelling house and piazza. The interval between the walls of the piazza of the dwelling house and of the light house, to be filled with the rubbish, sand or earth, as high as the top of the base wall; and both the piazza and dwelling house to be paved with brick.
All the bricks to be sound Philadelphia bricks.
A more particular written description and drawings of the building may be seen by applying at the Treasury in Washington, or to Mr. Latrobe at Philadelphia.
Separate proposals will also be received for the freight of not more than 800 tons of stone, either from the Delaware and Potomac, and of not more than 250,000 bricks from Philadelphia to the mouth of the Mississippi. The stones and bricks to be delivered within the bar will be received on board of lighters. May 11—epm
ELIAS B. CALDWELL, ATTORNEY AT LAW, HAS removed his Office, to the house lately occupied by Mr. Law, on Capitol Hill. Washington, July 26—tf
AN ACT, Supplementary to the act intitled "An act making provision for the redemption of the whole of the public debt of the United States." WHEREAS it is desirable to adapt the nature of the provision for the redemption of the public debt to the present circumstances of the United States, which can only be done by a voluntary subscription on the part of the creditors.
Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That a subscription to the full amount of the old six per cent. deferred and three per cent. stocks be, and the same is hereby proposed; for which purpose books shall be opened at the Treasury of the United States, and by the several commissioners of loans, on the first day of July next, to continue open until the seventeenth day of March next following, inclusive of the fourteen last days of each quarter excepted, for such parts of the above mentioned descriptions of stock, as shall, on the day of subscription, stand on the books of the treasury, and of the several commissioners of loans, respectively, which subscription shall be effected by a transfer to the United States, in the manner provided by law for such transfers, of the credit or credits, standing on the said books, and by a surrender of the certificates of the stock subscribed.
Sec. 2. And be it further enacted, That for the whole or any part of any sum which shall thus be subscribed, in old six per cent. or deferred stock, credits shall be entered to the respective subscribers, and the subscriber or subscribers shall be entitled to a certificate, or certificates, purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the amount of principal of the stock thus subscribed, which shall remain unredeemed on the day of such subscription, bearing an interest of six per centum per annum, payable quarterly from the first day of the quarter, during which such subscription shall have been made, transferable in the same manner as is provided by law for the transfers of the stock subscribed, and subject to redemption at the pleasure of the United States: PROVIDED That no single certificate shall be issued for an amount greater than ten thousand dollars: AND PROVIDED further, that no new certificate shall be made except for the whole amount of any such new certificate nor till after at least six months previous public notice of such intended re-issuance.
Sec. 3. And be it further enacted, That for the whole or any part of any sum which shall thus be subscribed in three per cent. stock, credits shall likewise be entered to the respective subscribers; and the subscriber or subscribers, shall be entitled to a certificate, or certificates, purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to sixty five per centum of the amount of principal of the stock thus subscribed, bearing an interest of six per centum, per annum, payable quarterly from the first day of the quarter, during which such subscription shall have been
made, and transferable and subject to redemption in the same manner, and under the same regulations and restrictions, as the stock created by the preceding section of this act: PROVIDED, That no part of the stock thus created shall be redeemable, without the assent of the holder or holders of such stock, until after he who is of the eight per cent. and four and a half per cent. stocks, as well as all the six per cent. stock which may be created by virtue of the preceding section, shall have been redeemed.
Sec. 4. And be it further enacted, That the commissioners of the sinking fund shall be, and they are hereby authorised to appoint an agent in London, and another in Amster dam, whose duty it shall be to receive subscriptions and transfers, and to issue new certificates in the manner, and at the times abovementioned, and as the officers of the treasury department, or the commissioners of loans might do; that is to say, the agent in London, in favor of such stock holders residing in the dominions of Great Britain in Europe, and the agent in Amsterdam in favor of such stock-holders residing in any other part of Europe, as may respectively become subscribers: Provided, that the certificates issued by the said agents, shall bear interest only from the first day of the quarter next succeeding that in which the subscription shall have taken place, and that in relation to subscriptions made in old six per cent. or deferred stocks, the sums expressed in such new certificates shall be equal to the amount of the principal of the old six per cent. or deferred stocks thus subscribed, which shall remain unredeemed after payment of the dividend payable on such stock, on that day from which the interest on the new certificates shall commence. The foreign stock holders thus subscribing with either of the said agents, shall be entitled to receive the dividend in the old six per cent. deferred, or three per cent. stock subscribed by them, respectively, which shall be payable on that day, from which the interest on the new certificates shall commence. And it shall be the duty of the said agents, respectively, to transmit, before the end of each quarter, to the register of the treasury, and to the several commissioners of loans, respectively, duplicate abstracts of the certificates of stock subscribed, and of the new certificates issued by them, during such quarter, in order that the proper credits may be entered on the books of the treasury, and of the commissioners of loans, as the case may be, to the holders of such new certificates and the said agents, before they enter upon the execution of their several offices, shall, respectively, take an oath or affirmation for the diligent and faithful execution of their duty, and shall also become bound with one or more sureties to the satisfaction of the commissioners of the sinking fund, or of the secretary of the treasury, in the penal sum of twenty thousand dollars, with condition for their good behavior in their said offices.
Sec. 5. And be it further enacted, That the holders of old six per cent. deferred, or three per cent. stock, who may become subscribers, as aforesaid, either in the United States, or in Europe, and who on the first day of July next, and also on the day of the subscription, shall be resident in Europe, may, at their option, which must be made at the time of subscribing, receive the interest accruing on the stock created by virtue of the preceding sections of this act, either in the United States, as other creditors, or at London, or Amsterdam: that is to say, the stock holders residing, at the times abovementioned, in the dominions of Great Britain in Europe, at London, and at the rate of four shillings and six pence sterling, for each dollar; and the stock holders residing, at the times abovementioned, in any other part of Europe, at Amsterdam, and at the rate of two guilders and a half guilder, current money of Holland for each dollar: in which last mentioned option the condition shall be expressed in the new certificates to be issued and the credit or credits, to be given to the proprietors thereof, shall be entered and shall thereafter be transferable only on the books of the treasury: Provided, however, That the interest thus payable in London and Amsterdam, shall not be payable until the expiration of six calendar months from the day on which the same would be payable in the United States, and shall be subject to a deduction of one half of one per cent on the amount payable, for commission to the bankers paying the same: And provided also, That every proprietor of such stock may, on surrendering his certificate, receive another to the same amount, the interest whereof shall be payable quarterly yearly in the United States in the same manner as that accruing on the stock held by persons residing in the United States.
Sec. 6. And be it further enacted, That the same funds which heretofore have been, and now are, pledged, by law, for the payment of the interest, & for the redemption or reimbursement of the stock which may be subscribed by virtue of the provisions of this act, shall remain pledged for the payment of the interest accruing on the stock created by reason of such subscription, and for the redemption or reimbursement of the principal of the same. It shall be the duty of the commissioners of the sinking fund to cause to be applied, and paid out of the said fund, yearly, and every year, such sum, and sums, as may be annually wanted to discharge the annual interest and charges accruing on the stock which may be created by virtue of this act. The said commissioners are hereby authorised to apply, from time to time, such sum and sums, out of the said fund, as they may think proper, towards redeeming, by purchase, or by reimbursement, in conformity with the provisions of this act, the principal of the said stock. And the annual sum of eight millions of dollars, vested by law in the said commissioners, shall be, and continue appropriated to the payment of interest, and redemption of the public debt, until the whole of the stock which may be created by the preceding sections of this act, shall have been redeemed, or reimbursed.
Sec. 7. And be it further enacted, That there shall be allowed to each of the agents to be appointed by virtue of this act, in addition to the necessary expenses incurred by them, for printing, stationery, and postage, a sum of three thousand dollars, as a full compensation for their services. The said
agents, and the commissioners of loans, shall also be allowed such additional sum as may be actually and necessarily expended for the clerk-hire requisite for carrying this act into effect. And for defraying the said compensations and allowances, and such other contingent charges as may be incurred for carrying this act into effect, a sum not exceeding sixteen thousand dollars, to be paid out of any monies in the treasury, not otherwise appropriated, is hereby appropriated.
Sec. 8. And be it further enacted, That whensoever notice of reimbursement shall be given, as prescribed by the second and third sections of this act, the certificates intended to be reimbursed, shall be designated therein. In every reimbursement the preference shall be given to such holders of certificates as, previously to the said notice, shall have notified in writing to the treasury department their wish to be reimbursed. If there should not be applications to the treasury sufficient to require the payment of the whole sum to be applied to that purpose, the secretary of the treasury, after paying off all sums for the payment of which applications shall have been made, shall determine by lot what other certificates shall be reimbursed so as to make up the whole amount to be discharged:—and in case the applications shall exceed the amount to be discharged, the secretary of the treasury shall proceed to determine by lot what applications shall be entitled to priority of payment.
Sec. 9. And be it further enacted, That the agents appointed by virtue of this act, and the several commissioners of loans, shall observe and perform such directions and regulations, as shall be prescribed to them by the secretary of the treasury, touching the execution of this act.
Sec. 10. And be it further enacted, That nothing in this act contained shall be construed, in anywise, to alter, brulge, or impair, the rights of those creditors of the United States, who shall not subscribe to the loan created by virtue of this act.
NATHL: MACON, Speaker of the House of Representatives. GEO: CLINTON, Vice-President of the United States, President of the Senate. February 11, 1807. APPROVED, 3t. TH: JEFFERSON. BRANDY, TEAS, SUGARS, &c.
ROSS & GETTY, have just received by the Schooner Citizen, Capt. Sturgeon, and by the Providence, Capt. Travers, from New York, and offer for sale at their store, corner of Washington and Bridge streets, opposite the Union Tavern, the following
Groceries, viz. 1 pipe London particular Madeira wine. 4 do. very strong 4th proof Bordeaux Brandy. 2 hhds. do. do. Jamaica Spirits. 12 chests Iroth Hyson. Young Hyson, Hyson Chulan, and Hyson Skin teas. 2 chests Imperial. 20 boxes gun powder tea } Put up ipur- of seven lbs. each, } posely for- 60 canisters do. 1lb. each } jamily use. 60 do. Hyson 1lb. do. 3 chests single Hyson 16 hhds. St. Croix and Trinidad Sugars. 3 do. Surinam Molasses. 6 do. Spermaceti Oil. 100 dozen half pint tumblers. 3 boxes of 1 dozen each, Claret } Of 3 do. do. Frontignac. } Superior 3 do. fruit preserved in brandy. } quality. 3 do. Olives. 5 do. English mustard. } Superior quality. 102 lbs. Pimento. 700 lbs. Goshen Cheese. 8 barrels country Gin.
Iron Assorted. 128 bars English flat iron assorted. 48 do do square do. 37 do Sweden Tire. 10 cases of 3d. 4d. 6d. 8d. rod. and 12d. cut nails, of a very excellent quality.
In Store, Old London particular Madeira wine. Libson, Sherry, Sicily, Madeira, and Malaga Wines. Holland and country Gin in pipes & barrels. 40 barrels Whiskey, old Cogniac brandy of a superior quality. West India and New-England Rum. Irish Whiskey. Aniseed, Cinnamon, Orange, and Perfect Love Cordials. Fresh Spices of all kinds. Mould and dipt Candles. Loaf and Lump Sugar. A few prime Flemington Cheese. Spanish and Carolina Indigo. Fair Powder, Starch, and Glue. Demijohns. Powder and shot of all sizes.
With almost every other article in the Grocery line; all of which they will dispose of on the lowest terms for cash or on short credits.
DAILY EXPECTED, from Philadelphia, by the Sloop Unity, captain Hand.
700 bushels Indian Corn. 2 pipes of superior old Port Wine. 6 hogheads crab apple Cider. 5 tons flat and square iron assorted. 20 boxes Spanish Segars. 60,000 country do. N. B. Tavern and Storekeepers in both town and country supplied on the lowest terms. Country produce, such as flour, whiskey, &c. purchased. Georgetown, June 2—4t
20 DOLLARS REWARD.
RAN AWAY from the subscriber in August last, a Negro Charles—he is a straight well made black man, about 26 years of age, 5 feet 9 or 10 inches high; has lost some of his front teeth; is remarkably polite and much of a gentleman. The above reward will be paid to any person who will bring him home or lodge him any jail so that I get him again. WM. D. BRANN. Upper Marlbo', Jan 9—tawif