The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-03-23 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1161.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, MARCH 23, 1808.
PAID IN ADVANCE.
HOUSE OF REPRESENTATIVES.
DEBATE on the passage of the bill concerning courts martial and courts of enquiry.
WEDNESDAY, MARCH 9.
(CONTINUED.)
Mr. JOHNSON said, that he meant to make a few observations on the reasons why he thought this bill should pass. The objections which some gentlemen had made to the detail of the bill when first introduced, had struck him with considerable force, although from the first moment he had thought it something ought to be done. On the passage of this bill, said he, although its details may not exactly meet my mind, as gentleman on neither side could make it more perfect, and I will not entertain a doubt that they would have done it if they could, I must give my vote in its favor.
It would seem that gentlemen who oppose this bill feel the same sentiments as myself. If I could believe that the construction of the bill would cause military predominance and civil subserviency, unquestionably I should give my negative to the passage of this bill. But if I understand the clause alluded to, an application is first to be made to the clerks of civil tribunals, I cannot be induced to believe, when we make application to a civil tribunal for process, that the military predominates. Did the bill provide that the civil magistrate should make application to the military, and be dependent on it, I should certainly think the objection forcible. But can I say, when objection does rest with the civil authority, that the civil authority subserves the military? Which power is subservient? That which has the power of controlling process or that which makes application for it? I have always thought that the power which can control another is superior, and the power controlled subservient.
It is said likewise, and it that were the construction, I would certainly oppose the passage of the bill, that we are about to give power to the military to create offences, the punishment of which is vested with the civil authority, and to create a jurisdiction in military tribunals to indict a punishment on the citizen. Does this bill contemplate the giving any jurisdiction not heretofore given? If so, I am mistaken. If I understand the object of the bill, it is to give power to the government to prosecute, and the individual to defend himself by coercion. I have not understood that any jurisdiction is given to military courts; I have taken up an idea that the grand object of the bill is to coerce the evidence of witnesses in cases of crimes already designated, and of which the punishment is also pointed out.
The gentleman last up has made an objection to the issuing a subpoena without showing cause to the civil authority for it. Do you not in civil cases always obtain a subpoena on application to the clerk, without showing cause, except in case of subpoena duces tecum? Do you ever make application to the judge in the first instance for civil process? Do you for a capias ad satisfaciendum ? You direct the clerk to issue it and enforce on it no bail to be taken; the person against whom it is issued is thrown into jail, and cause is not required to be shown. But if we make application for papers to a civil tribunal, reason must be shown; if to a military court, this bill provides the same. If I were mistaken in this, in this also I should also be opposed to the provisions of the bill.
It is also said by some who are opposed to the bill, that military despotism will be extended by it. I have no doubt that gentlemen do conscientiously believe it, and I do as much believe that it will abridge military despotism, if despotism indeed exists. The only objection to this bill is that despotism may be exercised by the military over the citizen. If one of your soldiers should be marked out for the vengeance of a superior officer, does this bill deprive him of his means of defence or of the power of coercing witnesses? Does it abridge or extend military despotism to say that a man with a budget on his back and a frowlock on his shoulder has an equal right with his superior officer to compulsory process? Surely not. Does this bill apply exclusively to the commander in chief? It would seem the idea of giving this privilege to the commander in chief, were we to leave the poor soldier in the ranks without the power of coercing evidence. I would say, here is the same law to apply to all; and if executive evidence can be procured, the law has said that citizens shall be confronted with their accusers, and have the benefit of compulsory process. We say, as far as we can go, we will grant coercion, and where this cannot be done, we will give you an opportunity to procure testimony in writing.
It has been said that a particular case which is known to us all, has given rise to this law. I disclaim the idea of that case operating upon myself. I agree with gentlemen that it is improper to legislate upon particular cases; but if a particular case should occur which shows a defect in our laws; although the particular case suggest the propriety of the law, I consider it important to make a provision which shall not only include that, but a thousand possible
cases which might happen in the course of human events.
The gentleman from Vermont (Mr. Hunt) has also stated that this is a subject recommended by the President of the U. S. and that it is made a question of confidence. It is not a subject of confidence, or of distrust, which has its opposite. If we look at the mass of the President, we shall find that no particular course is pointed out. Our attention is called to the particular situation of our laws on this subject. We are not requested to do this or that, I was one who voted for an enquiry; the only constitutional tribunal which could make that enquiry, has not efficient powers to compel the attendance of witnesses; we have in consequence of the defect in our laws which this case has discovered, thought proper to attempt an amendment of them. What then has this to do with confidence or distrust? So long, sir, as I have a rational confidence in what comes from the President or from any member of this House, so long also I will act in such a way as will manifest to the world that I do not possess a blind confidence which would induce me to do an act injurious to my country or contrary to my own sentiments.
We are told that this law will narrow the citizen, and as a reason for this self, we are told that it is inconvenient to attend courts martial or courts of enquiry! Granted: it results from human institutions. So long will witnesses suffer inconvenience, with you, because it is inconvenient, withhold compulsory process? Will not this preclude every institution in your country? Do we require more by this law than is already in the power of our civil institutions? No. In cases of life or death and affecting reputation, we award compulsory process. It is all important, that the power should be vested somewhere, and where better than in the civil authority, to coerce attendance in cases of this kind.
It has been said, that we cannot extend all the privileges of the citizen to civil life to the soldier. I regret that we cannot extend them as far as I could wish, and as far as those gentlemen who opposed the bill must certainly wish. But shall that induce us to withhold the hand from ministering to their rights as far as in us lies? Have gentlemen taken into consideration that the militia also are subject to military law in time of war, and shall they be deprived of the testimony of their fellow-citizens, or shall government be deprived of testimony against them? This bill is not particularly calculated for the man in a case, but upon the reciprocal principle, that government also should have the power of coercion.
I confess that I can see no occasion nor any reason for this alarm on the subject. If I could see the same evils resulting from the passage of this bill as are mentioned by some gentlemen in opposition to the bill, I should be one of the last to vote for it, and this House would immediately reject it.
I have endeavored to show that the jurisdiction of courts martial and courts of enquiry is not to be extended by this bill; that the only grand object is to give power of prosecution and defence to the government and individuals; and that it is not a subject of confidence or distrust, but a subject on which every one should be guided by his own judgment. And so I have no doubt every gentleman in the House will vote.
Mr. RANDOLPH said that an observation of the gentleman who had just sat down, not indeed an original one, for it had been repeatedly pressed upon the House, induced him now to rise; not that he could have reconciled it with his feelings or principles, to give a silent vote on such a bill as that now before them, but the remark of the gentleman from Kentucky had caused him to throw himself upon the patience and mercy of the House earlier than he had intended. It was a remark calculated he would not say ad captandum vulgus , but to catch every class of citizens in the community, and particularly that most meritorious class, the middle class, who must unquestionably be relied upon for the ultimate safety of the country, whether from internal danger, or foreign assault. It had accordingly been reiterated again and again, by the advocates of the bill, who seemed to regard it as their favorite and most unanswerable argument. The position was this: "That the bill on your table is calculated to favor the militia, inasmuch as men serving in the militia are liable to be tried by courts martial as well as soldiers in the regular army." But if the bill be examined with only one half of the attention which it behoved every member to bestow upon it, the advantage ascribed to it would be found altogether illusory. As the bill had grown out of a case arising in the standing army, so it was calculated for the benefit of that army, if not of a single officer of that army. Its application to the militia had been gladly seized upon to give an air of popularity to the measure, and make it go down. The militia might have existed till doomsday,
and such a provision be never dreamt of on their account. In fact they could derive no advantage from it, and had merely been pressed into the service to furnish some plausibility to the bill.
It is (said Mr. R.) of the very essence of courts martial, in time of war, more especially, when alone the militia can be called into actual service, that their proceedings should be summary, prompt and energetic. What sort of discipline will that be in an army, in time of actual war; perhaps in sight of the enemy; in which is permitted this slow process of sending men to Georgia, New-Hampshire, or Detroit, to take depositions? This bill is equivalent to a repeal of all military law; for in time of war, if it have any operation at all, it must operate a dissolution of your army. I repeat it, that if, in time of war, a soldier cannot be punished, until the dilatory process pointed out by this bill is complied with, your army is virtually dissolved. It will be seen then on examination that the bill is calculated not for time of war, and consequently not for the benefit of the militia. On the contrary it goes to violate the rights of those very men, in their civil capacities, whom, in their military garb, it professes to protect. I lay it down as an invariable principle which cannot be controverted; which no man will pretend to deny, and much less the gentleman just sat down, that the citizen is constitutionally exempt from all military service whatever, except he subject himself to that military service by voluntary enlistment. I speak of service in connection with the standing army, and not of the duty which, as a militia man, he is bound to perform. He stands severed from this class of men by the great, broad landmarks of the constitution. He owes them no service, there is none, which, in their military capacity, they can demand at his hands. They are to him a distinct class, whom he looks upon with suspicion at least: whose movements it behoves him at all times to watch; whose force it is his duty to keep within the smallest possible number, capable of garrisoning the posts on the frontier; in other words, within the pale of the public good. A jealousy of that force and of Executive influence, and they are one and the same thing, for every augmentation of the army is but an increase of Executive power, has ever been deemed the great criterion, the infallible touchstone of every republican's, of every whig's political principles.
It is an objection to this bill, not only (as has been very forcibly and ably demonstrated to this House) that it tends to exalt the military at the expence of the civil authority, but that under the garb and color of civil jurisdiction the person of the citizen is laid at the mercy of a military tribunal; for, as has been said, over and over again, the party suing out the writ applies to the clerk of the court, who, on application is bound to issue it.
Why then this parade of calling in the civil authority, when no discretion is lodged with that authority to give or withhold its aid? The process is in fact as much military as if issued by the court-martial, in the first instance, with this additional and fatal objection, that to mask the deformity of naked military despotism the civil power is surrendered a passive victim into its hands. It is this hideous feature which most of all excites my antipathy to the bill. The power which it confers is odious, but the manner of conferring it worse.
I have said that every free-man of the U. S. stands constitutionally exempt from being called upon to perform any service in relation to, or connection with a standing army; unless he subject himself to that obligation by his own voluntary act. Yet this bill does subject the citizen not merely to perform expensive and arduous service, but to have every thing that man can hold dear, placed in a situation, the very idea of which it is impossible to contemplate without abhorrence. The personal liberty of the citizen is, in principle, as much violated by compelling him to go one hundred miles as five thousand. This provision must be regarded as a mere entering wedge. It prostrates the rights of every free-man in the first instance, leaving the details to future commentators on the new military code, who will of course accommodate them to their own purposes. But this is nothing in comparison. What would any man among us say at seeing his sister, his daughter or his wife summoned to give evidence in a fortified town, on the eve of a siege, or brought to head quarters, through the tumultuous, profligate
and flagitious scenes of a camp, perhaps hourly expecting the enemy's attack? Where is the screen to protect female delicacy, I might almost say female virtue? None. This case is not merely supposable but in time of war, when courts martial are most frequent, must happen, unless indeed gentlemen are ready to allow the utter impossibility of executing the bill, and to confess that as it has been brought forward to suit a particular purpose, so when that purpose shall have been answered, it will be laid aside. Allow it efficacy, and there is not a man, or woman, in the United States who may not by its express provisions, at the bare instigation of a judge advocate, or any party accused, be dragged into the tumultuous scenes of military licentiousness.
In the earlier stages of my political life, a salutary jealousy—as it was then deemed, and as I still deem it to be—was inculcated by the fathers of our political church against the ambition of the federal government, generally, disposed, as it was believed to be, to encroach on the government of the states—of the distribution of power between the several departments of the federal government, where the Executive was equally disposed to encroach on the other departments—and chiefly of systems calculated to favor permanent military institutions in this country. What then shall we say to a bill calculated to extend the power of the federal government, not indeed at the direct expence of the states, but of the citizen—a particularly of that branch of the federal government of which it behoves us to be especially jealous, which exalts the military at the expence of the civil institutions of our country, and gives to the President, by whom every court martial is virtually ordered, power of the most alarming and undelined nature. In whichsoever way this bill be viewed, the impropriety of legislating for a particular case becomes the more manifest and glaring. A proposition was brought forward, by a gentleman from Kentucky (Mr. Rowan) to enquire for ourselves by a known, practicable, constitutional organ, into the conduct of a certain officer. That motion was over-ruled. The House preferred a request to the President of the United States that he would cause an enquiry to be instituted—with which he does not comply. I mean no disrespect to the President of the United States, but merely to state a fact. A military court of enquiry into the conduct of this person had been instituted some time previous to the application of the House of Representatives, of which the President officially notifies them in his answer, and hints a deficiency in its power. For this particular case and on this recommendation you legislate, and every section and line in that bill is a lame attempt to justify the House in refusing the enquiry proposed by the gentleman from Kentucky, which was calculated to probe the matter to the bottom and required the aid of no new law, constitutional or otherwise, to carry it into effect. I will not consent to make amends for having refused that enquiry at the expence of the constitutional rights of our citizens. I will never give this proof of my zeal for investigation, much less of my deference to military power. But this bill, objectionable as it is in principle, is manifestly incompetent to the object, which it professes to attain. Because, in the case in question, if you are desirous to get at the whole truth you must obtain possession of other than "public" papers, and other evidence than ex parte depositions. The bill unquestionably is not calculated to reach its avowed object—further comment on such a production is unnecessary—a bill which deserves much more the name of a contumacy (I do not say an intentional one) to gloss over guilt, than a shield for the protection of innocence. Such an enquiry as this bill is likely to produce, take my word for it, will never satisfy the people of this country.
But with all this tenderness for the rights of the soldier and particularly of the militia man—who never can be benefitted by this bill—because it must be inoperative in the face of an enemy, when your discipline will cease if you have to send the marshal a hundred miles for witnesses to give it efficiency—what becomes of your tenderness to the citizen-witness, for whom, in his capacity of soldier so much regard is felt. In case of his refusal to attend, or to testify when he has attended he is
proceeded against—how? In the same manner as if he had refused to attend, or give evidence in a civil court; and the civil court is called upon to inflict the penalties. In case, of contempt to a civil court, the court possesses within itself the highest possible evidence of the fact, and proceeds to punish the offender accordingly. This has been thought, and I believe properly, a necessary sanction to the authority of our courts of law. But here the citizen may be punished by order of court—for a contempt of the civil authority? Not at all; the civil court is made the mere executioner, the duum-vir of the military court, to inflict a punishment on the citizen for a military offence, which in his capacity of citizen, he cannot commit, and the evidence of his guilt shall be the record—of what? Of a court martial! This record is to be evidence, conclusive evidence (for how are you to traverse it?) upon which the citizen is to be accused and incarcerated; and yet he is told that this is a provision for the protection of his liberty! The only case in which our free and many-jurisdiction permits the citizen to be punished in his person, or property, without the intervention of a jury of his peers, is that of a contempt of court, an offence coming within its personal knowledge, and against which it is necessary to proceed in a summary way, to uphold justice herself upon the judgement seat, and yet even this power has been viewed with great jealousy and must be exercised with cautious forbearance. But to give validity in the courts of law to the records of courts martial, to make them evidence, upon which the citizen may be restrained in his liberty and dispossessed of his property, without any security which the trial by jury affords, is a monstrous innovation upon every maxim heretofore held sacred amongst us.
But after having declared that the citizen shall become, without voluntary enlistment, subject to a species of military duty, pertaining to, and connected with the regular army, and that the courts of justice and of law are to become instruments of punishment for any failure in that duty—why stop here? Why not extend to courts martial of the army of the U. S. power in all cases to command the services of the citizen, where his assistance shall seem to them "necessary" to enable them to do military justice. You may as well turn over the convicted soldier to the sheriff, or marshal, and make him executioner; call the citizen from private life, put the instruments of torture or of death, into his hands, and compel him to assist, where his aid may be deemed "necessary" in executing the sentence of a court abhorrent to his feelings, and his principles; to give the finishing hand to a process which ought to be summary, but which unites all the delay of a judicial court with the terrors of a military tribunal. But this is necessary to enable innocence to protect itself. Why then is this the only relief extended to the accused? Why not give him all the privileges of a citizen? Why not allow him an impartial jury and counsel for his defence? To do not this; you leave him at the mercy, at the discretion of an arbitrary commission, appointed for the express purpose of trying him—but you extend privileges to him at the expence of the private citizen, who has no concern, or connection, and almost feels himself contaminated at being coupled with him. You take from the citizen his common right, and make the record of a court martial the evidence upon which he shall be punished—and this to advance the purposes of justice; when at the same time, the court by whom the accused is to be tried is constituted upon principles the most abhorrent to justice, and from the very nature of things, must be presumed to have a bias for, or against the culprit. Have gentlemen taken into consideration one great, plain distinction between courts martial and courts of law (which I have not yet heard mentioned—perhaps it may have been, and has escaped me) when they are about to compel the equal attendance of the citizen upon both, by the same penalties?—that courts of law are regular, held at stated periods and places, which have been selected by law for the public convenience—the creatures of an enlightened and benevolent policy—that courts martial are irregular, that they may, and most frequently must be held in places the most difficult and even dangerous of access—the most destitute of accommodation, and in seasons the

most inclement; the mere creatures of military power, perhaps of military caprice. And will gentlemen contend that the same attendance is due to the one as to the other, by the citizen, in his private capacity? Indispensably and assuredly not. Besides, as has been well observed, in giving his attendance as a witness in a court of law every man performs a duty which is reciprocal in its nature—which his neighbor is equally bound to perform for him. Not so here.
Supposing this bill to pass, I can hardly conceive a more effectual engine of oppression, than it might become in the hands of an executive disposed to use it as such. It is true there is a proviso that a witness shall not be compelled to attend at a greater distance than 100 miles; but not to mention that a supplementary bill may amend this defect—nothing more easy after the principle shall have been firmly established—there is not a hundred miles square in the union in which a court martial might not be sitting at the same time. The centre may be located at will, it is a moveable point, at the pleasure of the Executive, and there is not one man or woman in the country, who may not be drawn within its vortex. If this bill pass it will be the first at tempt under this constitution, to raise the military power to a co-ordinate authority with the civil. I wish it may not be the first of a series of laws tending, insensibly, “whenever deemed necessary,” to extend martial law throughout the country. Indeed such is its present operation, as far as it goes. The citizen is punished by a military court and for a military offence: the court of law indeed pronounces sentence, but in so doing, it is the mere mouth-piece of the offended court martial. The court cannot even grant a trial. The award of the military commission is more binding upon it than the verdict of a jury. The court of law must inflict the sentence of the law, on the victim of the military tribunal. Had a jury found him guilty, the court might have granted a new trial. You may begin with this bill and go on until the inhabitants of this country, are placed in the same deplorable condition with the wretched natives of Ireland—Treasons, insurrections, conspiracies, real or fictitious (and in our southern country, materials for insurrection are, unhappily, always at hand) may be made the pretexts of further encroachment until the liberties of the people will exist only in history.
Among the curious inducements held out in favor of the bill, one gentleman has gravely said that in proportion as a nation was free, so ought the military code of that nation to be severe, and the proceedings under it summary; from which he draws this very logical inference, that in all cases where it is practicable, you should extend to the soldier every provision for his security, to which the citizen is entitled in criminal trials at law.
When this bill was originally introduced, the first idea that struck me was the reception it would have met with, ten years ago, from a certain description of politicians in the nation. At that day, “standing armies, great navies, implicit confidence in the Executive” were the leading traits, the watch-words (I might say) of Federalism, and it was a subject of curious speculation by what strange metamorphosis a great deal of what then was deemed good federalism has now, by gradations almost imperceptible, become very good republicanism. Are the same principles now to be brought into operation and silently acquiesced in, which ten years ago would have set the continent in an uproar? Are we to go beyond former administrations in zeal to cherish the military establishments at the expense of the civil? Much as I abhor and detest the alien and seditious laws, neither of them, in my estimation, surpasses the bill before you as instruments of oppression. As calculated for a particular case it is highly objectionable—and yet more so as being general in its operation.
I have done, sir—I have attempted to express in as few words, and in as plain a way as I could, some of my objections to this bill; but if it should pass, I hope you will do away this military masquerade, this miserable mockery of calling in the civil authority when the civil authority has no discretionary power, except in the case of what has been aptly called the “ military subpoena duces tecum ,” and even there its power is inadequate—when it has no discretion in withholding the punishment (but merely over its quantum) awarded by a court martial on a citizen, for refusing to obey what is called a civil process, but what is substantially a military process, as if enforced by a file of grenadiers at the point of the bayonet.
(To be continued.)
WEDNESDAY, MARCH 16.
Mr. D. R. Williams held in his hand a resolution by which he wished to call the attention of the committee of Commerce and Manufactures to the discussion of a subject which he had long considered as of the last importance to our commercial interests directly, and perhaps not indirectly to the domestic interest of the country. The object of the fol-
lowing resolution being merely to direct the committee to enquire, he should not offer any observations on its expediency.
Resolved , That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the entry of any vessel into the U. S. from an port or place, to which a vessel of the U. S. is not admitted by a permanent regulation of the country owning such place or by treaty. Agreed to without a division.
On motion of Mr. Desha the committee of Post-Office and Post-Roads were directed to enquire into the expediency of establishing a post-road from the mouth of Big Sandy, by Greenup court-house, Lewis court-house to Washington, Kentucky.
The engrossed bill for the further continuance of the mint at Philadelphia was, after some observations against it by Mr. Lyon, passed by yeas and nays, 83 to 19.
Mr. Newton offered the following resolution:
Resolved , That the committee of Commerce and Manufactures be instructed to enquire whether the sums in which the collectors of the customs are severally bound to the U. S. ought to be increased. Agreed.
On motion of Mr. Dawson the House then resolved itself into a committee of the whole, Mr. W. Alston in the chair, on the bill for raising an additional military force.
The bill was taken up by sections and various amendments made to the detail.
Mr. Tallmadge proposed an amendment going altogether to reverse the provision of the bill in respect to cavalry. The bill at present provides that one regiment of cavalry shall be raised, to consist of eight companies of thirty-eight men each, with a discretion to be given to the President to encrase each company to 64. Mr. T. proposed to substitute the provision by inserting four troops of cavalry of sixty-four men each, and four companies of dismounted dragoons.
This motion was supported by Mr. Tallmadge by arguments drawn from transactions during the revolutionary war, and opposed by Mr. Nelson on the same ground.
It was agreed to, ayes 65. Further amendment having been made to the detail of the bill, without having gone through it, the committee rose at the usual hour of adjournment, reported progress, and obtained leave to sit again.
THURSDAY, MARCH 17.
Mr. G. W. Campbell, from the committee to whom was referred the bill to amend the act establishing certain courts and abridging the jurisdiction of the district courts of Kentucky, Tennessee and Ohio, reported the bill with amendments; which was concurred with and ordered to a third reading.
Mr. Dawson proposed the following resolution:
Resolved , That a committee be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate to consider and report what further business is necessary to be done during the present session, and at what time it shall be proper to adjourn.
The House agreed to consider the resolution, Ayes 73.
Mr. Dawson said it would be observed by the House that members daily obtained leave of absence; it was undoubtedly the wish of every one to adjourn as soon as possible, and as this only went to enquire, he presumed there would be no objection.
The words in Italic on motion of Mr. Van Horne were stricken out.
Mr. D. R. Williams thought perhaps on this subject as no other gentleman did, for he thought it very ill-timed, and that this was an inauspicious moment for such a resolution. In what was the situation of the country different from what it was when they met here and which every person considered a perilous situation. I ask gentlemen, said he, with they adjourn and leave the country in the situation in which we stood when we met? Is it possible that this is the case? I wish to take off my shoulders the weight of responsibility which might rest upon me from its passing by a silent vote. I therefore call for the Yeas and Nays upon the resolution. I wish to tell my constituents that I am willing to sit here till there is some change in the awful appearance of American affairs. I cannot vote for this resolution without some documents shown or some reasons given to indicate a change.
Mr. Dawson said it was certainly not his wish that Congress should rise without taking measures necessary for the national defence. All my acts, said he, will shew to the contrary. I have been one among those who have advocated every measure of defence of the country; I wish that some others had done the same. Is it not a fact, that those who now wish to prolong the session were opposed to all the defensive measures which have been adopted? It is because I wish to hasten the necessary laws, that I have proposed this resolution.
Mr. D. R. Williams said that he had no other motive for asking for the
Yeas and Nays, than to shew that in the present situation of our affairs, he had voted against the resolution; I am sorry, said he, that the gentleman from Virginia should have charged me with being uniformly opposed to defending the nation. Is this a fact? Can he substantiate the assertion? What mighty measures has he proposed for the defence of the nation? Aye, sir, what are they? Let the gentleman who has boasted his zeal, tell us what they are. On one day a bill for employing 1250 seamen is pressed through the House with so much speed as not even to allow time to have it printed; the next day the gentleman himself moved that the bill lie on the table, and there it continues. In came a proposition for an army of 12 or 15,000 men. What was the course with that? I am mistaken or the gentleman did induce the committee of the whole to go through that bill by declaring that he did not mean to move the consideration of the report when it was made to the House. How now? An army of 12,000 men is frittered down to six. Is this like being a friend to defence? And yet the gentleman has stigmatised me in this manner because I shall vote against his motion, and perhaps he anticipates that I shall vote against his 6,000 men. I wish the gentleman to shew that I have voted against any measure for the defence of the nation. I know of no strong measure but the embargo act; and the gentleman cannot have forgot that I did with all the zeal I was master of, endeavor to support the till amendatory of the embargo law. I had not an opportunity of voting on the original law; and I have before candidly said that I should not have voted for it had I been here: but because the nation had lifted its arm I was willing to support it with all my strength. I am accused wrongly; I will defend the nation; and when the gentleman from Virginia or any other shall shew that my country calls for it, it would but be doing justice to my feelings to say that my BLOOD is at its service.
Mr. Dawson said, that certainly the gentleman from S. Carolina could not suppose that he had been alluded to, for Mr. D. now declared that he did not know how the gentleman had voted on questions of defence.
After some further observations—
Mr. Kelly moved that the resolution lie on the table. Carried 59 to 33.
Mr. Dawson having called for the order of the day on the bill for raising an additional military force,
On motion of Mr. Helms supported by Messrs. Nelson and Tallmadge, and opposed by Mr. Dawson, the bill was recommitted to a select committee to harmonize its parts conformably to the amendment yesterday made at the instance of Mr. Tallmadge, 49 to 38.
The report of the committee of Elections on the contested election of Mr. P. B. Key, was called up.
[The committee of Elections, to whom it will be recollected a former report was recommitted, reported an opinion that nothing in the evidence before them, so far as respects the suggestion of Mr. Key being a pensioner or half-pay officer to the king of Great Britain, authorises them to alter the opinion or the resolution submitted with their former report.]
Mr. Rowan moved an indefinite postponement of the subject, and supported his motion on the ground that the decision of a question of fact on the point of residence, rested properly and exclusively with the people, who were the best judges of it, as to the alleged pension, on which point however, he had no doubt, if it were even true, neither the constitution or any law of the United States makes it a disqualification from a seat, although it might be cause for discussion what course should be pursued with a member if actually in the receipt of a pension after he became a member.
Mr. R. observed that an election would take place in the ensuing autumn, in which the people would have an opportunity to declare their opinion by a re-election or otherwise.
Mr. Key observed that he should be content with any course that the House should take; were he to consult his personal feelings he should wish it immediately decided.
Messrs. Eppes, Marion, and W. Alston opposed the motion on the ground that a postponement of this subject would be a breach of their duty; the constitution had made it their duty to enquire into an election of one of their own body whenever contested, and they could not shrink from it; that this provision was essential for the preservation of the purity of the House; that this subject should have been long ago decided on; and that the “people” could not perform what the constitution had made the positive duty of the House.
Mr. Eppes considered the decision on the motion more important than even the election itself, as establishing the precedent by which they might hereafter be tempted to throw the responsibility from their shoulders on the people; he therefore called for the yeas and nays on it.
Mr. Rowan withdrew his motion. The House then resolved itself into
committee of the whole on the subject, Mr. P. B. Key in the chair.
The report of the committee of Elections concludes with the following resolution:
Resolved , That Philip Barton Key is entitled to his seat in this House.
A considerable discussion arose on the resolution, not interesting, nor yet confined to one particular point, there being two in this question, 1st of residing, 2nd of his being a pensioner. Some gentlemen wished the question to be divided, so as to take a question on each of these two principles, that the resolution might carry on the face of it evidence of the ground on which his seat was confirmed or vacated.
At half past 3, a motion was made that the committee rise, and negativized, 57 to 42.
At four the committee rose without coming to a decision on any point, 57 to 36, and obtained leave to sit again.—Adjourned.
FRIDAY, MARCH 18.
Mr. Boyle, from the committee on Public Lands, reported a bill to change the boundaries of the land districts in the territory of Louisiana, and to continue for a further time the authority of the commissioners at Kaskaskias; which was twice read and committed to a committee of the whole.
Mr. Nelson begged leave to offer a resolution relative to the officers and soldiers of the army. It is a well known fact, said he, that from the particularity of the service, men who enter into the army become so debilitated before their time expires, that they are afterwards incapacitated from getting a livelihood by labor. It would certainly prove a very burdensome expense to the United States, to take all such under their care and provide them with pensions; and as certainly this is not my object. Now those men might yet be useful soldiers in garrisons. At present when discharged they become common pests to society, and we find them travelling about the country in the capacity of beggars. I myself consider it a disgrace to the country and to humanity, that men who had spent the best part of their lives in the service should be turned out as beggars, and wanderers on the face of the earth. My object is that they shall be provided for in a way that shall not be expensive to the U. States, and in which they may still be serviceable to the country, to form an invalid corps. Those men may perform good garrison duty who have become incapable of doing duty in the field. Another circumstance induces me to offer this resolution: officers cannot be dismissed from service except it be for some crime, or at the pleasure of the President of the United States. I trust we shall never have a President in these United States so devoid of humanity as to discharge an officer because he is worn out in service. Those officers might be placed in the same grade in the corps of invalid pensioners which they have held in the army, and live out the remainder of their days with comfort to themselves and advantage to society. Mr. N. cited the case of two officers whom he had knowledge of, who had become supernumerary and unfit for service, and yet continued in the camp, preventing younger meritorious and active officers from taking the situation which they had become incompetent to fill. For the purpose of doing away this inconvenience said he, all I ask is that a committee be appointed to enquire into the subject; if a report can be made on such a plan as will meet the approbation of the House, I trust it will be adopted; if not, it may easily be rejected.
Mr. N. then offered the following resolution which was agreed to without a division.
Resolved , That a committee be appointed to enquire into the expediency of making provision by law for the relief of the infirm, disabled and supernumerary officers and soldiers of the army of the United States, and that the committee have leave to report by bill or otherwise.
Messrs. Nelson, Howard, Tallmadge, Trigg and Deane form the committee.
The following message was received from the President of the United States by Mr. Coles his Secretary:
To the Senate and House of Representatives of the United States.
The scale on which the military academy at West Point was originally established is become too limited to furnish the number of well instructed subjects in the different branches of artillery and engineering, which the public service calls for. The want of such characters is already sensibly felt, and will be increased with the enlargement of our plans of military preparation. The chief engineer, having been instructed to consider the subject, and to propose an augmentation which might render the establishment commensurate with the present circumstances of our country, has made the report which I now transmit for the consideration of Congress.
The idea suggested by him of removing the institution to this place, is also worthy of attention. Besides the advantage of placing it under the immediate eye of the government, it
may render its benefits common to the naval department, and will furnish opportunities of selecting, on better information, the characters most qualified to fulfill the duties which the public service may call for.
TH: JEFFERSON.
March 18, 1803.
The message and documents having been read, were on motion of Mr. Nicholas referred to a Select committee.
Messrs. Nicholas, Troup, Desha, Upham and Milnor form the committee.
The House again went into committee of the whole on the contested election of Philip B. Key.
After several propositions for amendment to the report of the committee of Elections had been made and withdrawn, a question was at length taken on the report, and carried 53 to 44.
The committee immediately rose, and reported the resolution in the following words:
Resolved , That P. B. Key, Esq. is entitled to his seat in this House.
[The words “ having the greatest number of votes and being qualified agreeably to the constitution ” were struck out of the resolution in committee of the whole.]
The question being put on concurring with the committee of the whole in striking out these words,
Mr. Randolph called for a division of the question, taking it first on the words in Italic .
And the question having been put on a concurrence in striking out the first part of the clause as divided, was carried without a division.
The question on concurrence in striking out the remainder of the clause was carried by yeas and nays, 79 to 28.
The yeas and nays having been called on the resolution as reported, Mr. Stanford moved to adjourn. Negativized, ayes 8.
Messrs. Stanford, Randolph, Smilie and Nicholas then opposed the report, and Messrs. Livermore, Sloan and Key supported it.
The question on the final consideration of this report appeared to be reduced to the plain fact of residence.
The opponents of the report contended that Mr. Key having resided but two weeks in Maryland immediately antecedent to the election, an affirmative decision of this resolution would fix a precedent to the future definition of the constitutional term of residence; that hereafter when the capitol of the U. S. was as it must be a populous city, the influence and wealth of that city and of the government, as had been the case in Great Britain, might secure the election of any whom they should choose to send for a few days' residence into any state in the union.
On the other hand it was contended by Mr. Key himself and others that he had fixed a residence, purchased land and built a house in Montgomery county, Maryland, previous to a removal there; that it was his intention to have a fixed residence there though he meant to reside in the winter months in Columbia for the purpose of accomplishing the education of his children, and for the convenience of business. This was said to be very different from a transient residence; and even were a transient residence sufficient qualification, the integrity of 30,000 freemen would always prove a sufficient barrier against corruption.
The final question was at length taken on this strongly contested election by yeas and nays, and Mr. Key's seat was confirmed, 57 to 52.
Half past four—adjourned.
SATURDAY, MAR. 19.
On motion of Mr. Dawson the House resolved itself into a committee of the whole, Mr. W. Alston in the chair, on the bill for raising an additional military force.
Various amendments to the bill reported by the committee on our military establishments were agreed to.
One section of the bill fixes the price of all undrawn rations at twenty-five cents.
Mr. Blackledge concieving this a higher price than had ever been paid for rations moved to strike out the word five.
Some discussion took place on this motion, in which it was declared in support of the motion by Messrs. Blackledge and others, that the lowest general price now paid by contract for rations was 18 cents; in some places only 14; and that a provision of this kind would favor the officer and not the soldier.
On the other hand it was urged by Mr. Nelson and others, that the compensation was now too small, and varied in price according to the facility or difficulty of making contracts in different places; that a captain, who like all soldiers must undergo hardship, even if this provision pass, would receive but at the rate of 753 dollars per annum out of which his subsistence, clothing and equipment must be furnished, while a member of Congress who undergoes no labor and sleeps comfortably, receives of the 4th share, five times the rate of 2196 dollars besides his allowance of stationery, &c.
Mr. D. R. Williams, to try the principle of equalizing the price of rations, moved to strike out the section. He concieved that it might produce a negligence of the officers in regard to the quality of rations, and thus have an ill effect on the fare of privates.

PICKERING vs. PICKERING. As this gentleman has just made a furious onset on the conduct of others, it may be well, in the case under consideration to review his own.
Our readers will distinctly recollect that the mission of Mr. Pinkney ostensibly flowed from certain resolutions passed by the Senate in the spring of 1805.
On the 12th of Feb. 1805, certain resolutions were moved in the Senate. The first was unanimously agreed to. Mr. Pickering, as appears on the journal, voting in the affirmative.
On the 13th of February, the second resolution was considered, which reads as follows:
Resolved, That the President of the United States, be requested to demand and insist upon the restoration of the property of their citizens, captured and condemned on the pretext of its being employed in a trade with the enemies of Great Britain...
A motion was made to strike out that part of the resolution that is quoted, which was rejected, and on which the Yeas and Nays were called, among which Mr. Pickering's name is found in the negative.
The Embargo law was received in England toward the last of January. It was published without much comment in the London papers, together with the explanatory article from the National Intelligencer.
If the observations and information of the Editor of this paper are correct, the votes of Pennsylvania will not be divided, they will be decidedly for Mr. MADISON.
IN THE SENATE OF THE UNITED STATES.
WEDNESDAY, FEBRUARY 24th, 1808. MR. POPE'S SPEECH On the bill for the punishment of treason and other crimes and offences against the United States.
I will now call the attention of the Senate to another prominent feature in this bill. The section concerning conspiracy—It is in the following words:
by the friends of the bill, to strike out these sections, that the interesting principle they recognize might be over for public consideration until the next session of Congress.
New York, March 19. Capt. Johnson, arrived yesterday 21 days from Trinidad, informs, the flour at that place was 30 dollars a barrel.
TAKE NOTICE. THE Commissioners of the taxes for Prince George's County, will meet at the Court House in Upper Marlborough, on the first Tuesdays in April next...
THE NAVY YARD RIFLE VOLUNTEERS. ARE ordered to meet at the House of Lt. DORBIN, on the 1st Saturday in April, armed and equipped, with 12 rounds of ammunition.
NOTICE. THE subscriber will offer to public sale on Saturday 25th inst. at 1 o'clock, that valuable brick house near the Navy Yard, city of Washington, at present occupied by Mr. John Jolly.
Notice to the Public. STAYED to my place convenient to the Hotel, city of Washington, on the 14th of March 1808, a small Brind 1 Buffalo COW, the tops of the antlers cropped, no other marks appearing.
THE SUBSCRIBER means to attend the Public Sales of LANDS at Jeffersonville, Indiana Territory which commence on the 24 Monday in April...
District of Columbia, Washington county, to wit: IN the case of ROBERT GLENN an insolvent debtor, confined in the prison of Washington county aforesaid for debt, which he is unable to pay.
In obedience to the decree of the high court of chancery of Maryland, which will be sold to the highest bidder at Semmes's Tavern, George Town, on the Thursday week after the first Monday in April next, at 11 o'clock A. M.
Will also be sold to the highest bidder at Brooks's Tavern, Upper Marlborough on the first Monday in April next at 4 o'clock, P. M. all that right, title and interest of said Thomas Clark in and to a Tract or part of a Tract of Land lying in Prince George county...
the state of Kentucky had felt impressed with the importance of the subject, and the legislature of the state had adopted this resolve.
Mr. M. Clay moved for the consideration of the report of the committee of whole on the bill for classing the militia—Negatived 57 to 37.
Mr. Nelson called for the order of the day on the bill for extinguishing the debts due from the U. S. to individuals.
Mr. Stanford moved that it be indefinitely postponed. Negatived, by Yeas & Nays on the call of Mr. Rowan—74 to 34.
The House then resolved itself into a committee of the whole on the said bill 54 to 30. Mr. Curts in the chair.
The engrossed bill from the Senate for raising an additional military force was read the third time; and the Yeas and Nays being asked on its passage by Mr. Stanford.
Mr. Upham opposed the bill at some length—when Mr. U. ceased, the House immediately adjourned.
Tuesday, March 22. Immediate on the meeting of the House a message in writing was received from the President of the U.S. apparently communicating a voluminous mass of documents.
The Speaker decided the message to be of a confidential nature.
Mr. Barwell conceived that a part only of the message was confidential; he wished that part which was not confidential should be first read.
Mr. Eyles observed that the confidential part might be so blended with the other, that they could not be understood if read distinctly.
Mr. Campbell could not see the propriety of any discussion on this subject in public; he wished the galleries now to be cleared. They were cleared accordingly.
WASHINGTON CITY. WEDNESDAY, MARCH 23.
Our readers will perceive by our Congressional Journal, that a MESSAGE was yesterday received from the President.
A large mass of documents accompany the Message, the greater part imparted without confidence, and the residue, only so far confidential, we believe, as relates to opinions expressed by or entertained of some public characters, which it has not heretofore been usual to publish.
Mr. Rose on Monday took leave of the President, and yesterday left this city for Alexandria, whence he proceeds to Norfolk, where he means to take immediate passage for England in the Statur.
Mr. Foster, secretary of legation, and the Messrs. Cassimajors, are to accompany him. Mr. Mansfield remains for some time in this country, not in the character of Secretary of legation, as has been rumored.
SENATE U. STATES.
In a stage of the debate, subsequent to the delivery of Mr. Pope's speech given to day, in consequence of a wish suggested by some of the committee to have the bill recommitted, Mr. Pope withdrew his motion to postpone the further consideration of it to the 1st of December, whereupon the question was taken on Dr. Mitchell's motion to strike out the 1st section and lost, ayes 15, nays 17.
The committee on a subsequent day made report, recommending the striking out the 1st section, which resulted in publications tending to a dissolution of the union, the postponement till the next session of the two first sections, which relate to treason, and the agreeing to the residue of the bill with some amendments.
On the 17th inst. the Senate took up the report of the committee and amended it, so as to strike out the two first sections, instead of postponing them, as not being considered in order to postpone a part of it.
The bill was ordered to a third reading on this day. For Thursday ayes 33. For Wednesday 24. To-morrow, 41. To day, 54 to 38.
Mr. Nelson, amongst other observations against the motion, observed that it was the duty of the officer, and a first duty too to take care that contractors do justice to the men in regard to rations, and would deserve excoriation if they did not always attend to it.
Mr. D. R. Williams in reply observed that he concurred in the gentleman's observations in principle, at the same time that he felt all deference to the gentleman's opinion on military subjects, as he could not for his soul divert himself of the recollection that the gentleman's body was scarred with two and twenty wounds received in the service of his country.
The motion for striking out the section was, after some further discussion, negatived, 46 to 36.
Mr. Blackledge's motion was then negatived, 46 to 36. Mr. Taylor proposed a new section to the bill requiring that all the force to be raised by the act should be composed of citizens of the U. S.
Mr. Calhoun proposed an amendment to an article of the President when he shall deem proper, to mount the dismounted dragons. Agreed.
The committee then rose and reported the bill as amended.
The amendment was a line through without discussion, except that which requires the army to be composed of citizens of the U. S.
On the suggestion of Mr. Rowan, agreed to by Mr. Taylor, and supported by Messrs. Marion and Smith, the section agreed to in committee of the whole was negatived nem. con.
And on motion of Mr. Nelson, it was substituted by a provision that all commissioned officers in the force to be raised shall be citizens of the U. S. 55 to 35.
Mr. Ely renewed the motion made by Mr. Williams in committee of the whole to strike out the section fixing the price of rations, and called for the yeas and nays on it; which having been taken, there were for it 47, against it 62.
Mr. Blount moved to amend the same section by striking out the word "five" so as to reduce the price fixed upon to twenty cents. This motion was supported by Messrs. Blount, Upham, Smith, Witherell and Blackledge.
Mr. Van Horn moved to strike out that part of the bill which authorizes the President of the U. S. to increase the number of each company of infantry and riflemen to 100 men.
Mr. D. R. Williams moved to adjourn. Negatived, 47 to 44. Messrs. Lyon, Rowan and Stanford supported the motion, on the ground that at present the bill is in contradiction to that clause of the constitution which declares that Congress shall have power to raise and to coin money as it gives power to the President to increase the army establishment.
Mr. Stanford moved to adjourn. Carried, 51 to 45.
MONDAY, MARCH 21.
Mr. Rowan held in his hand a resolution for an enquiry into the conduct of HARRY INNES. He observed in preface, that it was of the utmost importance in our government, which depends upon will, to animadvert with the utmost severity upon a deviation from a correct course of any one of its functionaries.
Resolved, That a committee be appointed to enquire into the conduct of Harry Innes, district judge of the United States for the district of Kentucky, relative to his having whilst in the tenure of his office aforesaid been party or privy to a project on the part of Spain or her subjects to dismember these United States or to the secession of the state of Kentucky from this Union; or relative to his having been party or privy during the time aforesaid to a project of France or her citizens, to embroil these U. States in a war with Spain; or relative to his having illicitly corresponded with both or either of the governments aforesaid or their subjects or citizens upon one or both the projects aforesaid; or relative to his having known and concealed from this government one or both the said projects; and that the said committee have power to send for persons, papers and records, and that they report whether in their opinion the said Harry Innes hath so acted relative to all or either of the subjects aforesaid as to require the interposition of the constitutional power of this House.
Mr. R. said he would observe that the situation of the country might immediately require not only these men but a much larger number.
Mr. W. Alston thought it would be much better to leave a discretion to increase the number from 6 to 10,000 in the event of any contingency than to erect an army of 10,000 men at once.
The question was then taken on the motion made on Saturday to strike out the discretionary power to increase the number and carried 63 to 45.
The words "sixty-eight" the number of each company were then struck out, and "ninety-six" inserted, 65 to 17.
The bill was ordered to a third reading.

ing thereof convicted, shall be adjudged guilty of a conspiracy to commit treason against the U. States, and shall be punished by fine not exceeding 10,000 dollars, and by imprisonment and hard labor for a term not exceeding 10 years, nor less than 2 years."
The Senate will please to recollect the position which I have already laid down, that those crimes which are common to all governments, or rather which are not peculiar to nor result from the particular policy or measures of the federal government, were punishable by the states respectively before the present constitution was adopted, and that Congress has no cognizance of any of this description, except such are specially made so by the constitution. Conspiracy, murder, &c. are crimes common to all governments, and consequently are not punishable by this government, unless committed by persons upon whom its jurisdiction has attached in the course of its legitimate operations. Conspiracy is an offence nowhere mentioned in the constitution. It may be said that many offences are contained in our penal code not specified in the constitution: To this I reply that most of those offences are what may be termed malum prohibitum , and have been created as necessary auxiliaries to the execution of powers delegated. This constitution being a special grant of power, those acting under its authority cannot claim the exercise of any power not delegated or vested in them, except such incidental powers as may be requisite to carry the specified powers into effect or result from the exercise of them. The power to punish conspiracy cannot be included with the class of incidental or resulting powers.
This clause may be fairly objected to as unconstitutional on another ground. The offence created by it savors very much of that species of treason known in despotic governments, which is committed by imagining the death of the royal person or conspiring against his life. This section is intended, if I understand it, to punish an intent to commit treason. If it is improper to violate the constitution directly, it is equally so to do it indirectly. I infer that the people of the U. S. by declaring that treason should consist only in levying war, &c. intended to proscribe every other species of it; & it may be questioned whether we can with propriety introduce another species of treason into our penal code under the name of conspiracy. Besides it will violate that provision which requires two witnesses to an overt act; for if this clause is retained and the bill passes, I presume a single witness proving an intent to commit treason will be sufficient for conviction. A few fugitive expressions which may escape men in a moment of boasting dissipation, if related on oath in a court of justice by a pimping informer, may be competent to destroy them. In governments founded on force, the despot, conscious that he has no place in the affections of his subjects, and consequently jealous of their fidelity, has his secret spies and informers to watch their most minute transactions. Every whisper, alarms him. In such governments many, who have been ornaments of human nature, have been sacrificed by the instrumentality of informers, at the shrine of individual malice, or to suit the convenience of ministry. The witness who swears to another's private intentions unconnected with any open deed can perjure himself with impunity, the accused has no means of controverting the fact, the armour of conscious innocence cannot save him from ruin. In this government, which is founded on the affections and interest of the great majority of the people, that jealousy so common in those governments, ought not to be indulged. This strict scrutiny into the conduct of individuals is unnecessary here, and tends very much to diminish the stock of private confidence and social felicity. This crime called conspiracy, however odious, is in its nature so vague and indefinite and liable to be proved by testimony of so suspicious a character, that I fear it would be dangerous to give it a place in our criminal code. Conspirators, when their guilt is well ascertained, will generally be punished with sufficient severity by that great censor, public opinion. It does not appear to be entirely congenial with either the genius or practice of the American governments to punish a man for his wicked intentions until they have eventuated in the perpetration of some unlawful act.
I will now pass to the last section of the bill, which seems to merit some notice. It is in these words: "And be it further enacted, that if any person or persons shall attempt by written or printed publications, or by advisedly speaking to or addressing an assembly of people exceeding five persons, to promote and bring about a dismemberment of the United States or any of the territories thereof, or to erect or establish any government within the jurisdiction and against the authority of the United States; the person so offending, &c." This section is liable, independent of
others, to the constitutional objections made to that concerning conspiracy; and I am satisfied that the committee themselves upon a reconsideration, will be convinced that it is highly impolitic.
When I first read it, I was reminded of a story I have some where read, that a man, whose inclination had never prompted him to go beyond the gates of Rome, sickened and died when the Emperor issued an edict directing him to be confined within those very limits which he had never wished to pass. The moment we say to the people they shall not speak, we prompt them to throw off the authority of this government. No man censures more highly than myself the circulation of opinions of this kind, but I believe the censure which awaits the authors of them at the bar of public opinion, is an adequate check. If there are any who entertain such sentiments, let them stand as monuments of the safety with which error of opinion may be tolerated, while reason is left free to combat it. If it should ever be found politic and necessary to suppress publications of this kind, it would be better for the states to legislate on the subject than this government. An act passed by a state would have more effect upon the conduct of its own citizens than one passed by the general government. This will be denounced as another sedition law, as violating the freedom of speech and the press, and without answering any good purpose, may in its consequences do much mischief. I confess I have very little faith in the efficacy of penal laws on the durability of the union. By the passage of this bill, instead of suppressing the evil, we shall only put a weapon into the hands of its enemies. We had better repose on the affections and attachment of the people to the government, than attempt to operate upon them by penal sanctions. This union must be preserved by the tie of common interest or force. It is an objection to this bill that it is calculated to increase the jurisdiction of the federal courts. I would prefer to have it diminished. This federal judiciary is to the people I represent the most odious feature in the government. It has been already very inconvenient and oppressive to them, and would have been much more so but for some late decisions of the supreme court of the United States. These decisions have very much lessened the evil. Certain circumstances which have transpired within the last two years awakened my attention to the subject of union and the general course of policy in the internal administration of our government, which ought to be pursued to preserve it. My reflections have convinced me that we must, as far as the constitution will authorise restrain the consolidating principle. This government should interfere as little as possible with the interior of the states. To them must be left the cognizance of such offences of an inferior grade as may require the coercive hand of government. This government must act on a more elevated theatre. Its attention must be directed principally to national objects. If it is necessary to give it more energy, it must be done, not by increasing its agency in the interior, but by giving it a physical force, which will enable it to hold the vulnerable points and command the greater exterior of this extensive country. If the national consolidating principle is kept within its proper limits, and the federative character of the government retained, I cannot foresee either the necessity or expediency of a severance of the states, although our population should expand to where the Missouri hides its head in the rocky mountains. The state governments are not only necessary rallying points against usurpation, but I believe the freedom and happiness of the people require that they should have as exclusively, as the nature of our government can possibly permit, the control of their own citizens and the administration of their internal concerns.
While I applaud the motives which dictated this measure, and feel with the honorable committee an ardent solicitude to punish traitors, and check the spirit of disunion, they must pardon me for believing that in their patriotic zeal to promote the public good, they have mistaken the extent of our powers as well as the means of attaining the object they have in view.
PURSUANT to an act of the General Assembly of Maryland, passed at Annapolis 1806, entitled "An act authorizing the collection of certain ground rents due on lots in the Town of Cumberland, in Allegany county," and a supplement thereto, passed at November session, 1807, Public Notice is hereby given to all persons holding unimproved lots in said town, on which ground rents are now due, that unless the said rents are paid on or before the first day of December next, the said lots will on that day be offered at public sale to the highest bidder, on a credit of 60 days. The sale to be held at Mr. J. Rine's tavern in said town, to commence at ten o'clock, A. M. and continue from day to day, until the whole are sold.
THOMAS BEALL, of Saml. March 21—epids
TUNIS CRAVEN HAS removed his entire stock of DRY GOODS from Alexandria to Washington, and is now opening, at his new Store, between the Marine Garrison and Navy Yard Gate, an assortment equal to any in the District; among which are, Wood's best London cloths, Do. double milled & plain cassimeres, Bennett's cords and velvets, Constitution Gerrow, hunting, Trangular, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk and skins do. Talinets, swansdown do. Plain and figured Marseilles do. Boarskin coatings, Plains, kerseys, halfticks, Rose and duffel blank ts, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Gingham, silk and cotton chambrays, Furniture Chintz, Cambric and jaconet muslins, India and British book do. India multicolored figured and plain, Plain and figured lenos, Laced cambrics, Elegant tamboured mulls, Grecian robes and Pelisse dresses, 84 damask and raw silk shawls, Dumark scarfs, Cambric hair and swansdown do. Down scarfs, Long and short lace sleeves, spider & nett sleeves, Extra long and habit kid gloves, Do. do. silk do. Do. do. raw silk do. Cross-barred and plain Mantuas and lustrings, Persians and Medes, Thread and cotton laces, Lace caps and handkerchiefs, Book muslin and leno cap patterns, 4.4.7.8 Irish linens, Long lawns, linen cambrics, Irish diap-rs, table-cloths, napkins, Cotton counterpanes, Cambric Dimities, Common do. Furniture do. Ladies' and gentlemen's silk, thread, cotton, worsted, lamb's wool & Angola hose, Gentlemen's pantaloons do. Silk cords and buttons, Ribbons, floss threads, Scarlet and other colored bombazets, Heath rags, Russia sheeting, tick-lings, Osnaburgs, bastas, gurrahs, &c. &c. ALSO, Imperial and young hyson tea of a superior quality in small boxes, to suit families, or by the pound—Also genuine Havana segars. T. C. is determined to sell on the lowest terms. February 3—tf
NOTICE. THE Subscriber being anxious to settle all his business, has sold his entire stock of goods to John Peter; he therefore requests all those indebted to him to call and pay their accounts, (particularly such as are of long standing, as further indulgence cannot be given them). His Books are removed to the counting house of his brother Romulus Riggs, where all his accounts will be ready for settlement by his assistant Mr. Samuel C. Offut, or ELISHA RIGGS. George Town, March 16—tf
PUBLIC SALE. BY virtue of a decree of the honorable the circuit court of the District of Columbia, sitting as a court of chancery for the county of Washington, in the suit of John Roberts and Samuel G. Griffith complainants. Against Benjamin Bryan Defendant. WILL be sold at public auction on the 29th day of March next, at Struble's Hotel, in the city of Washington, at the hour of 12 o'clock, M. a lot of ground in said city, in that square designated on the plan of said city by square north of square numbered seven hundred and forty-three, the said lot being bounded as follows to wit: Beginning at a point in the line of the west side of New Jersey Avenue, at the distance of one hundred and fifty one feet ten inches from the stone planted at the north east corner of said square, and running thence with the line of the said Avenue twenty-five feet, thence leaving the said Avenue, and with a line at right angles with the line thereof running one hundred feet, then turning in a direction parallel to the line of the said Avenue, and running thence twenty five feet, thence an hundred feet to the point of beginning, containing about two thousand five hundred square feet of ground, together with the improvements thereon erected, and all the advantages therein unto belonging or appertaining. This property is eligibly situated between the Capital hill and sugar house, and may be inspected at any time prior to the day of sale. The terms of sale are cash or money to be paid immediately on the ratification thereof by the court. JOHN G. McDONALD, Trustee. 26th February, 1808—cp4w ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND; jun. viz. 30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assortment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—tf
FRESH GARDEN SEEDS, &c. THE Subscriber having recently received a supply of European Garden Seeds, &c. which added to the various sorts saved by him the last summer, makes his assortment extensive and which are for sale at his Nursery Garden, Eastern Branch and at Dr. Ott's Medicine Store, George-town. THEO: HOLT Washington city, Jan. 11—taw
BURAS AND BEALL. WOOLLEN drapers, men's merchants, and tailors, New-Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality. N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch. October 23—tf
BY order of the Orphan's Court, will be offered for public SALE on Tuesday the 24th of March next on a credit of nine months, the purchaser giving note with approved security, with interest from date, all the personal ESTATE of Margetet Roberts late of Montgomery county, deceased, consisting of a number of Negroes, two Leases of Land, a Crop of Corn, Corn Fodder, Hay, Horses, Cattle and Hogs, and other articles too tedious to enumerate. The sale to commence at 10 o'clock on said day and to continue from day to day till all is sold. HENRY ROBERTS, and JOSEPH ROBERTS, Admrs. of Margetet Roberts. February 26—tdos.
MR. JOSHUA B. BOND's celebrated running Horse FIRST CONSUL, WILL stand this season, at the subscriber's farm in Prince Georges county, Maryland, about seven miles from Queen Anne, ten from Bladensburg, the same distance from Upper Marlborough, and about sixteen miles from the city of Washington; at Twenty-Five dollars the season, and one dollar to the groom; but Twenty-One dollars will be received in full if sent with the MARES; if the money is not sent with the MARES it is requested that notes of hand will be sent at that time, given for Twenty Six dollars, p. year, at the expiration of the season, which will commence immediately and end the 1st of August. Good pasture will be furnished gratis, as soon as the grass is good, and in the mean time, hay and corn furnished at the common price, for the mares according to orders. The utmost care will be taken of the mares, but I will not be answerable for accidents or escapes. Consul is of fine figure, beautiful bright bay, with a small blaze in his face, and his hind angles white; full 13 and 1.2 hands high. It is expected that the stock from Consul and well bred mares, will not be surpassed by the stock from any horse (scarcely) in America, for the turf, carriage, or saddle; or even from Consul and good looking mares, which have none of the running blood; their colts cannot be other than elegant in a carriage or under the saddle. Such mares as have little, or not any of what is supposed to be running blood in them, may be put to Consul at half price, the money sent with the mares. If should be preferred by gentlemen living beyond Bladensburg and Upper Marlborough, who wish to breed from Consul, by giving notice to the subscriber, he can be sent one day in each week to each place, from the first day of April, while there will be any mares to send to him from either of those directions; say Bladensburg on Tuesday, and Upper Marlborough on Saturday. ISAAC DUCKETT. March 12, 1808.
PEDIGREE OF FIRST CONSUL. HE was foaled in Philadelphia county, June 1798, got by the noted running horse Flag of Truce, his dam by the imported horse Slender, his granddam by the imported mare Diana, Diana was got by Old Eclipse, Slender was got by King Herod, who produced more runners than any other horse in England, as may be seen by the Racing Calender, therefore it may in truth be said on the dam side of First Consul, the two great grand sires were the best horses England ever produced. Flag of Truce was bred by colonel Good of Virginia and was esteemed the best turf horse in his day and was the sire to colonel Taylor's famous running horse Leviathan. First Consul has won either 80 or 22 purses from 100L and 100g. and never started against a horse he did not outrun until the fall he was eight years old—the spring following he won three purses and distanced the field the first day at New Market on Long Island. JOSHUA B. BOND, Philadelphia. March 13—epitM&wtf
LINDSAY'S HOTEL. THE Subscriber has taken that well calculated house on the Capitol Hill, Late occupied by Mr. Frost formerly by Mr. Steele—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant. GEO. W. LINDSAY. N. B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf
CHARLES H. VARDEN MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia, A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coatings, black silk Florentines. Likewise an elegant assortment of Spaniels and rich silk Molekins for waistcoats with a variety of other articles suitable for the season. Regimentals and Navy Uniforms made in the most elegant and uniform style of fashion. Richard Horwell's celebrated patent parallel suspenders far superior to any hitherto in use can be had on the same terms retail, as at his manufactory. November 27—tf
AGREAT BARGAIN. JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in 1 st street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—Houses and Lots—Enquire as above. All kinds of Stocks bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
PORTRAITS, PAINTED IN OIL COLORS. By C. BOYLE, at the Building formerly occupied by Mr. G. Stewart, Pennsylvania avenue. Washington, March 11—tf
PUBLIC SALE. By Virtue of a decree of the honorable the High Court of Chancery of Maryland, will be exposed to sale on the 8th day of April next at 12 o'clock at the store of Thomas Duvall, a Tract of LAND, containing One Hundred and Eighty-Seven acres, called Brashars Pacoan, the property of John Turner deceased, lying in Prince George's county, about 7 miles from Bladensburg, 10 from the city of Washington, and 25 from Annapolis; about one third in wood, the remainder in a state of productive cultivation. The terms of the above sale are, that the purchaser shall give bond with good security such as shall be approved of by the trustee for paying one half within 9 months, and the other half within 18 months with interest on each payment from the day of sale. GEO. PAGE, Trustee. The Creditors of John Turner, deceased, who have not yet exhibited their claims, are hereby notified to bring the same into the Chancery Court, with the vouchers thereof within six months from the day of sale. G. PAGE. March 16—3w
NOTICE. A Dividend will be made amongst the Creditors of the late Mr. Richard Crampton on Friday the 1 st day of April next, at Mr. William Ross's tavern, in Bladensburg. The creditors are requested to attend with their claims legally authenticated, as no respect will be paid to any others, except those known to be justly due by the Administrator. Bonds passed to the subscriber for property purchased at the sales of the deceased's effects last Spring, became all due on the 10th of this month, and unless taken up by Saturday the 19th will be put in suit without respect to persons. THOMAS BOWIE, Adm'r of Rich'd Crampton. March 16—7r
THE Subscriber has purchased out the stock of GOODS lately belonging to Mr. Elisha Riggs, and will be enabled, from the conditions of purchase, to dispose of them in the same house on as liberal if not better terms than they were sold before. He expects by capt. Hand, from Philadelphia this week or the first of next, a handsome Spring Supply, which will make his assortment complete. They were laid in for cash, therefore will accommodate his friends no doubt satisfactorily. JOHN PETER. George Town, March 16—cp4w
SECRET HISTORY OR HORRORS OF ST. DOMINGO. In a Series of LETTERS written by a LADY, to Col. BURR, late Vice-President of the United States, principally during the command of general Rochambeau, Price One Dollar. And other New Books Among which are the following: D. C. Third vol. Chapman's Select Speeches, do. 2 50 Fourth volume, do. 2 50 Reeces Medical Guide, 3 00 Hitchcocks Poems, 75 Barlow's Columbiad, fine plates, 20 00 Brooks's Gazetteer, new edition, 3 50 Public Characters for 1807, 4 25 Lay of an Irish Harp, by Miss Owenson, 1 00 LIKEWISE, The second number of col. Townsend's American Artillerist's Companion 2 00 The third number is now in the Press. Gentlemen wishing to patronise this valuable work, are earnestly requested to call and leave their names at J. MARSH'S, Book Store, George Town. Where may be had any Book that can possibly be procured in New York, Philadelphia or Baltimore, without any advance on the price. March 18—6t
BANK OF COLUMBIA. March 18th, 1807. THE President and Directors having this day declared a dividend on the Capital Stock of the Institution for the half year ending the 20th inst. at the rate of eight per cent per annum, the same will be paid to the stock-holders or their representatives on Monday the 21st. inst or at any time hereafter. WILL. WHANN, Cash. w6t. STOLEN, ON Monday night last, a SORREL MAKE; her two fore feet white nearly to the knees, a large blaze in her forehead, and a brand on her left shoulder nearly in the form of a horse shoe, one hind knee rather larger than the other. Any person who delivers the above described mare to the subscriber shall receive a reward of TEN dollars, and TWENTY dollars if the thief is delivered with the mare. ADAM POWELL, one mile from the Capitol on the Bladensburg road. March 11—3t