The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-02-05 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1141.
FIVE DOLLARS PER ANNUM.
FRIDAY, FEBRUARY 5, 1808.
PAID IN ADVANCE.
From the PARIS MONITEUR of Nov. 12.
England has within two years sent out four expeditions. The first was against Constantinople, which was attended with the loss of several ships, the confiscation of all English merchandise, and the expulsion of their commerce from the trading ports of the Levant. Admiral Duckworth and his squadron were happy in being able to find safety in flight. The second expedition from England was against Egypt. This was still more shameful, more disastrous, more disgraceful. Its army defeated at Rosetta, surrendered on its march, lost more than 4,000 chosen men killed and made prisoners. In vain did the English break down the dykes, cut the canals, and inundate that unhappy country, in order to secure themselves in Alexandria.
On the 22d of September the Pacha arrived from Cairo, defeated them, and obliged them to surrender Alexandria, into which he made his entry on the 24th. It is difficult to find a more humiliating expedition.
The third English expedition was that against Monte Video and Buenos Ayres; ten thousand English troops failed in their attack upon an unfortified town. It is true, that the hatred which the Spanish Catholics have for the enemies of religion, furnished them with new means against them, animated the whole populace with a new ardour, and the 10,000 men were too happy in being permitted to retire.
This expedition, which cost the English enormous sums, only served to destroy the illusion which had induced them to imagine that it was easy to seize on the Spanish possessions. The Portuguese possessions would not have offered less resistance. Wherever there are Catholics the intolerant English will find enemies. In this fatal expedition they lost more than 5000 men.
Their fourth expedition has been most notorious—it was that of Copenhagen, the most atrocious expedition of which history can preserve the remembrance—the shame with which it has covered the English government is indelible. Why did the English evacuate Zealand and Copenhagen, when the Danish government would not ratify the capitulation, and the engagement to evacuate no longer existed?—Why did the English evacuate when the Prince Royal refused to receive their envoy; when that Prince concluded an offensive and defensive alliance with France: when he only answered their propositions by the recall of the agent he had at London; in fine, when in his political negotiations he speaks only of the English by calling them robbers, a name they have so well merited? Why? Because they are well convinced of their weakness and inability by land. The approach of the season when the ice would render the arrival of the Danish troops possible, determined them prudently to take to flight, instead of waiting for the enemy, whom they had surprised when unarmed, and whom it would soon be necessary to combat: a disgraceful flight which can never be treated with too much contempt.
After these four expeditions, which so manifestly show the moral and military decline of England, let us speak of the situation into which it has brought Portugal: the Prince Regent of Portugal loses his throne; he loses it influenced by the intrigues of England; he loses it because he would not seize the English merchandise which was at Lisbon. What, then, does England, that powerful ally? She sees with indifference what passes in Portugal. What will she do when Portugal shall be taken? Will she go and seize upon Brazil? No; if the English make that attempt the Catholics will drive them out. The fall of the House of Braganza will remain a new proof that the destruction of whomsoever attaches himself to the English is inevitable.
But in the midst of so many disastrous events, what do the English ministers wish? We do not say England—England wishes only what all nations wish, peace; and to enjoy at length tranquillity, under the reign of morality and the laws. But what does the committee of Oligarchs which directs its government wish? It has declared perpetual war. These systems of perpetual war will last no longer than those crises in which
wild and extravagant men wish to abrogate the law of nations, and push every thing to the extreme. The committee of Oligarchs at London is actuated by the same sentiments as those which animated our revolutionary committees: those who direct it are equally atrocious with Marat. What did he more atrocious than to present to the world the prospect of a perpetual war! These directors of government will conclude, as all violent and furious men have concluded, they will become the opprobrium of their own country, and the object of the hatred of all other nations. The refusal of the emperor Alexander, and the expedition to Copenhagen, sufficiently reveal the sentiments of the English ministry, and their system of perpetual war. The first consequence of these events, has, therefore, been to determine the nations of the continent, which were still at peace with England, to break off in future all connections with her. Austria did not hesitate, scarcely had the emperor Francis the Second received certain information of the events of Copenhagen, and the refusal of the English to accept the mediation of Russia, when he declared war against England. Already the blockade is declared on every side. Lord Pembroke, when he left Vienna, in order to return to London, was forced to embark at Trieste.
The correspondence of England with every part of the continent is intercepted.
There are more than a hundred thousand English letters and bills of exchange, to the amount of several millions sterling, collected and detained in consequence of the blockade. These measures must press heavy on the English nation, and at length reduce it to a desperate situation. But what does that signify to the violent men who govern that nation? What have they in common with the English people? Happily in the day when these ministers are overthrown, they will become nothing. They may for some time continue to act on their maxims, but a catastrophe is inevitable, injustice and extravagance may for some time impose on nations, but experience has proved, that the duration of these scourges is transitory; peace, the first of benefits to a nation, ought to be the principal end of all the actions of those who govern a ministry which professes perpetual war, betrays the dearest interests of its country; it has lost its confidence, its inevitable and near approaching fall will satisfy the interest of the nation, and public in morals.
[Moniteur.]
The Subscriber begs leave to inform his friends and the Public, that he has on hand PORTER and ALE in bottles of the first quality, by the hogs-head or dozen—Also BEER in barrels, of a quality superior to any ever known here.
He requests those indebted to him for the last year to make speedy payments, so as to enable him to meet his engagements.
JOHN DOBBIN. Navy Yard, February 3—3t
2000 bushels BEST RICHMOND COAL, Now landing from board the sloop Laurel, at Charles King and Co's wharf, George Town. Apply to Wm. O'Neale Square 73, city of Washington, or to Josiah Taylor, on board. Those who are indebted to W. O'Neale may be supplied, if they pay off their former accounts, and not otherwise.
WM. O'NEALE.
February 3—3t. This notice applies to those who have been called on for payment, and have not complied. A few tons of good TIMOTHY HAY for sale. Apply as above.
FOR SALE. 10,000 ACRES OF LAND Situate on Elk River in Randolph county state of Virginia.
A large portion of this land is fertile, of excellent quality, and is adapted to the growth of grain, grass and pasturage—it abounds with fine timber, large poplar, ash, sugar tree, &c. & is well watered. Birch river runs through it and affords many mill seats. Elk is a beautiful smooth deep river emptying into the Kenhawa, and Ohio, and may be navigated with large boats at any time, in the spring and fall, it abounds with every kind of fish common to the Ohio. The whole or a part will be sold at a very reduced price for cash or exchange for property in or near the city of Washington. For particulars apply to
JOSEPH WHEATON, Com. Merchant & Broker. Washington city, Jan. 6—1m
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE.
On the Resolution for requesting the President to cause an enquiry to be made into the conduct of General Wilkinson.
(CONTINUED.)
TUESDAY, JANUARY 12.
Mr. Rowan's resolution being under consideration.
Mr. Sloan introduced his remarks by observing, that if he could reconcile it with his duty as a member of this House, and as one who considered himself placed as a watchman to guard, as far as his weak abilities would permit, the rights and liberties of his constituents, with only giving a silent negative to what he considered the most dangerous and most alarming innovation that had ever been attempted, he should not have detained the House one moment to express what he was about to say. But he felt alarmed, and he considered it his duty to express that alarm in the manner in which the God of nature had enabled him to do it. What did he see and hear? Propositions to throw into confusion and break down the barriers of our rights and liberties. He had been taught from his infancy, from the time in which he was susceptible of instruction, to consider that the excellency of government consisted in the various branches of that government acting each within its proper sphere—that the Legislative department should confine itself completely to making laws for the good government of the U. States; that on the other hand the Executive department should confine itself within its sphere, and faithfully execute those laws committed to its trust. How dangerous and alarming then must it be to him, brought up in these principles, to hear and see the highest legislature of the Union, the House of Representatives of the United States—to see in that august body, a resolution brought forward, the tendency whereof was absolutely to invade the rights of the Executive department. Had they not laws already severe enough. If not, said he, let us make them more strict. If the judges have not done their duty, let them be impeached. This would be the proper course.
But it was strange, passing strange, to see this matter now brought up, when there is a tribunal now sitting with power of enquiry to pave the way to another court vested with the power of using the musket or halter to take away the life of the accused, if found guilty. If he were not amenable to a military tribunal, was not the civil department open? Permit me, said Mr. S. to call the attention of the House to what passed at the last session. How lucid were the exclamations against this very officer for what was then called a breach of civil law in arresting certain traitors. What was the cry then raised against this officer? That we were not safe. Recollect the language of a member addressing the Speaker—"your honor is not safe in your chair." Let us contrast this with present circumstances. What were the reasons for this officer's conduct? That he considered his country in danger; that he saw an host of traitors ready to deluge his country in blood: he then did indeed usurp the civil authority, but he did it like an honest man—like the saviour of his country. Does any such an exigency as that now exist? Is the country so much in danger as to justify the Legislature of the union in invading the Executive department? I cannot conceive it.
Before he sat down, Mr. S. said as there had been a great deal (to make use of a metaphor) of dirt cast, he would ask whether it attached to any one? He would not be understood as giving his opinion whether Wilkinson were innocent or guilty. It was not his province so to do; but it was his province to give his opinion on what appeared. It was a sound maxim in law, that what does not appear, is of no weight. Whatever had appeared against this officer, did him honor. What he was charged with could not have weight, for Gen. W. had no opportunity of being confronted with his witnesses, of cross examining them, or of disproving the charges. I have no objection, said Mr. S. that this evidence shall be handed to the Executive department. What has been made to appear against him? That he arrested traitors: and who doubts that if he had not done so he would not have acted as the saviour of his country. Is it because this man assisted in the capture of Burgoyne, which was the first great step towards securing our existence as a nation, and because he has now arrested an infernal band, an host of traitors? Is it for these things that he is now charged? I do not say that it is; but if it is, I hope to God that the malignant darts hurled at him, may recoil upon those who cast them. If he is innocent, I hope his sun will set in glory, like the great luminary, after a tempestuous day.
W. had no opportunity of being con-
fronted with his witnesses, of cross examining them, or of disproving the charges. I have no objection, said Mr. S. that this evidence shall be handed to the Executive department. What has been made to appear against him? That he arrested traitors: and who doubts that if he had not done so he would not have acted as the saviour of his country. Is it because this man assisted in the capture of Burgoyne, which was the first great step towards securing our existence as a nation, and because he has now arrested an infernal band, an host of traitors? Is it for these things that he is now charged? I do not say that it is; but if it is, I hope to God that the malignant darts hurled at him, may recoil upon those who cast them. If he is innocent, I hope his sun will set in glory, like the great luminary, after a tempestuous day.
The member who introduced this resolution, observed it would answer one purpose. It has answered two: God forbid it should answer a third, that of committing the legislature of the Union by doing a thing intirely unconstitutional and out of its province. I am willing to give my vote against any thing farther than to hand the evidence to the proper tribunal.
Mr. M. Williams said he would state a few reasons why he should vote for the resolution now before the House. It will be recollected, said he, that some days ago when a motion was made to refer the resolution to a select committee, with power to collect testimony and summon witnesses, it was rejected by a large majority. I was one who voted against a reference; and it has been mentioned by gentlemen in the course of argument that those who voted in the majority then, should now vote against the present motion or they would act inconsistently. But I think very differently from those gentlemen, and shall vote for the resolution. At that time the House was not in possession of any papers nor the deposition given by the delegate from the territory of New Orleans; but as the House is now possessed of the evidence, the question is very different, and I think ought to be adopted.
We have been repeatedly told that this House has no right to make the enquiry; that the constitution has not given any such power. The constitutional objection I think is not a good one. If this House was about to assume the right to try General Wilkinson, the objection would be a solid one—but what is the object of this enquiry? Not to try General Wilkinson; it is to procure testimony, and to give information to the proper authority. It has been admitted by all the gentlemen who have opposed the enquiry, that it will be proper for this House to transmit to the President all the information they possess relative to the conduct of General Wilkinson. If therefore that is proper, and is not a violation of the constitution, most undoubtedly this House has the right to procure further testimony. Why have they received the deposition of the gentleman from New Orleans territory? Can there be any difference in the principle? I think not. What will be the power of the committee? Only to collect testimony and report to the House; and what can be a greater security to the preservation of our present form of government, than the members of this body, convened from every part of the union, that they should watch with a vigilant eye over the conduct of persons high in office.
It has been often repeated by gentlemen who are opposed to the resolution, that by passing it we shall cast a censure on the conduct of the Executive. Surely not. What are the circumstances? Did not the gentleman from Virginia inform us that the papers were put in his possession the morning that he brought forward the resolution? Can any censure then be attributed to the President? No. I have the utmost confidence in the President; the people of the United States have the greatest confidence in him. Another reason stated by some gentlemen why the House should not act, is, that it is the President's duty to make the enquiry, and that he has full power to do so. The only power the President has is derived by the act of Congress establishing rules and articles for the government of the army of the United States. But I think the
provisions of that act are insufficient. The President who is commander in chief of the army can order a court of enquiry, which shall have the same power to summon witnesses as a court martial, and there is no provision by which that court can compel the attendance of witnesses out of the army. In addition to this, there is another reason why I think this court is insufficient: The officers who are under the commanding officer are to compose the court, and may be influenced to acquit him; or on the other hand may convict the person charged, and by that means be themselves promoted. We have been told that if the resolution be adopted, you will destroy the enquiry. Will the diligence of this House to collect testimony have any thing to do with the court of enquiry? It perhaps may have a good effect, and make them more strict.
Another objection to this resolution is, that the person charged may be prosecuted in a court of justice. Admitting he can, is that any solid objection why the resolution should not pass. In a case like this, who will undertake the prosecution? Is it not well known that the proceedings in our courts are very tedious and expensive, and that the juries of our country require strong and pointed evidence, before they will convict any person? Besides, would any man contend that the same evidence is necessary on a charge like this as would be required, to convict a person charged with treason or felony? I presume not.
By the constitution, Congress have the right to raise and support armies, and to make rules for the government of the same. Suppose it was necessary now, and we know not how soon it may be, to increase our military force; and suppose we had some proof that our commander was a traitor to his country or intended to subvert the government, and this House knew where they could procure the testimony to shew his corruption; would any person under those circumstances contend we had no right to use the means to collect the evidence; and would this House pass a law to raise an army before they made the enquiry? Certainly not. Can it be supposed they ought to be silent?—Truth never ought to be stifled. This enquiry is due to the individual and to the nation. In a government like this the conduct of every person holding an high office should always be subject to investigation. And the conduct of none in the government is more interesting to the people than the commander of the army; whose character should be unsuspected as much as the President himself; and I am sure that this House will not violate the constitution, nor infringe on the powers of any other department of our government, by exercising the right of making this enquiry. I therefore hope the resolution will be adopted.
Mr. Uffham said he had attended to the debate on the resolution on the table with attention, to discover whether he could constitutionally agree to pass the resolution. His feelings would impel him to vote for the resolution, but his judgement would restrain him: He was desirous that Gen. W. or any other man charged with whatever crime should be tried for it—but constitutionally. He would here observe that when they were told of persons high in office being pensioned by a foreign power and concerned in conspiracies to dismember the Union they were liable to be carried away by their zeal for ascertaining the fact; they should therefore proceed with caution and deliberation. He considered this question as it respected the power of the House, in the same light as if General W. were a subaltern officer instead of commander in chief. If the House had not power to investigate the conduct of a subaltern, he could not see whence they derived their power over a brigadier general. He was himself fully impressed with the testimony which had been produced and was in favor of an investigation into the conduct of this person, that if guilty he might be removed. But he could not for this reason alone agree to this resolution. He went upon the ground that the Legislature had no more power by implication than the Executive or any
(Continued on last page.)

(Mr. Rowan's speech concluded from last page.)
The gentleman from North Carolina was followed by the gentleman from Pennsylvania (Mr. Smith) whose arguments were almost similar to these, except that he had not charged the advocates of the enquiry with an intention to slander, but equally inculcated the necessity of extreme delicacy towards General Wilkinson. Mr. R. execrated the delicacy which preferred the feelings of individuals to the national concern; he did not understand such delicacy and hoped he never should.
The gentleman from S. C. (Mr. Taylor) had expressed his fears that they were about to take away the trial by jury. Mr. R. was surprised at the confusion of ideas by which the gentleman's understanding (generally clear & luminous) was bewildered; at one time speaking of the refusal of trial by his peers and again that the life and liberty of this officer were in jeopardy. In the first place this was not a trial; it was an enquiry for the national good, of which Gen. W. happened to be an object, but of no more importance than any other thing. No man should stand in the way of an enquiry by the people when it was legitimate; and Gen. W. was but a subordinate thing when compared with the great object of enquiry. If ever after this enquiry shall have been made by the House, or if before, a court shall choose to take cognizance of Gen. Wilkinson, then his trial by his peers would be attended to, and he would not be deprived, as had been depicted in such glowing colours, of the constitutional right of every citizen.
He was not less surprised at another reason which had been opposed to this enquiry; that the Executive was going on with an enquiry. If Gen. W. was going on with a process which would terminate in the prostration of our civil liberty, said Mr. R. we should be told we should not interfere because the Executive was to see to it, he was managing it. If the Executive has instituted an enquiry, let him conduct it; we do not wish to interfere with him; we are carrying on an enquiry for a certain object, he for the same, or some other; it might be for some particular act as it related to subalterns, or for unmilitary conduct. To subject him to such an enquiry as that ordered by the President, he must have done a thing which the rules and regulations of the army did not admit: Gen. W. had requested an enquiry, and he might direct it to what object he pleased. Mr. R. was for making a sweeping enquiry as to the whole of this person's conduct since he had been an officer of the United States. He felt the more inclined to this, because in drawing the net, they might catch smaller fish. He had good grounds to believe that in this disclosure matters would come out of importance to the nation. If another argument used by the gentleman from S.C. was to have influence, they might stop at the threshold, and all argument might cease; that they should not do good, because the extreme of good was evil! France went into an enquiry. She went too far, and brought her guillotine into play; ergo, said the gentleman, it is improper to inquire! Well then, said Mr. R. let us stop. Let power and Burr carry on their dismembering plan, because if we go into an enquiry, we might think of the guillotine; we might possibly think of taking off the head of the man who would be daring enough to plot the dismemberment of the union! I am for conducting the enquiry freely and temperately. I have no idea of throwing the weight of the House of Representatives against Gen. Wilkinson; and I lament that there is cause, or that there seems to be cause for suspicion on the part of so high an officer.
As to the guillotine and the horrors of the French revolution, the way to avoid them was to rally round the constitution, and not to break or bruise it, or render caprice the sole rule of action. Instead of boasting of confidence, said Mr. R. let this House, the judiciary, the Executive and every other department rest within its own sphere, do its duty, and look to the legitimate source of approbation, and let us not poison the minds of the people by exhausting the whole stores of eulogium on any man or men when there was no occasion for it. If they were to speak less of confidence & endeavour more to deserve it, by pursuing a correct and independent course each, according not to executive, but his own views, and leave the people (the only legitimate tribunal upon such subjects) to withhold or express their approbation as well of the Executive as the legislative functionaries, then there would be nothing to fear from a guillotine. If the Executive had done his duty he would have in his favor the verdict of the people in his re-election. A sanction worth more than a thousand fulsome and factious ad-
resses; he would neither need, nor be gratified with that ascription of confidence of which so many are now so profuse.
But Mr. R. said his astonishment continued through the whole investigation on this subject. The gentleman from New Jersey (Mr. Sloan) while he contended that the prostration of the constitution at Orleans was grateful and meritorious, was extremely curious in thus taking so much care of the constitution now. The gentleman had told them that the constitution had not said that this House should enquire into the conduct of the commander in chief, and because it had not, that they should take care of it; thus particularly expressing an approbation of conduct in Gen. W. which the nation could not have empowered him to pursue; carefully guarding the constitution now, and yet profuse in its approbation of this man for violating the constitution unnecessarily, and sending persons from place to place without the process expressly required by the constitution. This was the way that prejudice worked in favor of or against the matter in discussion.
Mr. R. begged that gentlemen would consider; that they would pause, and think before they went too great a length in denying their own power.
A great many minor objections had been made to the operations of this committee when instituted—all valid, if the House had not the power to appoint a committee. If they could not appoint a committee, they could not compel attendance on that committee. But if the appointing a committee of enquiry was within their constitutional power, (and he hoped it would be so decided) they would find ways and means to compel attendance. Who would dare to prevent it? When the nation moved upon deliberation, and within the circle of constitutional powers, he should like to see the man who would dare to counteract its motions! Let the nation thus move, said he, and shew me the man who would dare to counteract it! The nation would not be wanting to do itself justice in such a case. Mr. R. had no doubt that there were witnesses, whom he had in his eye, who would refuse to give testimony; he hoped that the committee would imprison them and coerce their evidence; & that the judge who would oppose it should also be made to feel their power. He had no notion of the action of the nation being impeded by these little obstacles.
One gentleman was afraid that if they adopted this resolution they would support the slander that the government wanted energy. If the government was deficient in energy, Mr. R. said it was time that it should be asserted; if it had energy, they should redeem the nation from the disgrace by displaying, by their conduct on this occasion, that the slander was unfounded. So that, take it either way, this was no argument against the resolution. He had no idea of acting in this way; he hoped there was not a member of the House who was not satisfied of the propriety of the vote he would give on better grounds than these; he hoped no member would be induced to vote against, or restrained from voting for the resolution by such observations as these.
Mr. R. did not know whether, according to the doctrine laid down by the same gentleman (Mr. Holland) corruption would rally round this committee if appointed; or whether perjury was to resort to it for an asylum. He hoped for the honor of the House and of the nation, for the honor of the Speaker (for the committee were appointed by him on his responsibility), and as he was an old member he hoped he could distinguish between those who were slanderers, and those who were not) for the honor of the nation he hoped the gentleman's assertions were groundless; he hoped the body could be exculpated from such charges; but if not, Mr. R. had no doubt that the Speaker by a judicious choice would secure the nation against those evils.
He therefore hoped that the Congress of the United States would not declare that they had not a power to execute a purpose of this kind in such a case as this; he hoped they would consider it as belonging to them by the constitution, as a body possessed of the power to declare war and resist foreign corruption. The evidence before them related to an attempt of this kind. What, said Mr. R. would be the language of a foreign court on hearing a refusal by this House to enquire—"you dare not to enquire," would be their expression: "Spain is in your neighborhood, and you dare not to enquire." The result of the enquiry might be cause for war, if not for the rupture of treaties now pending. It would belong to this House to say whether it would make appropriations for fulfilling those treaties or not. This
enquiry had already produced important evidence; he would not accept a treaty now which he might have done before this evidence came out. In this point of view then this House had the power to make the enquiry. Upon principles of general reasoning, said Mr. R. every effort of a corporate body to preserve itself is legitimate; and upon every view of the subject with my feeble understanding, there is no doubt on my mind but we possess the power of passing the resolution now upon our table.
(DEBATE TO BE CONTINUED.)
WEDNESDAY, FEB. 3. The following message from the President of the U. S. was yesterday received:
To the Senate & House of Representatives of the U. S.
Having received an official communication of certain orders of the British government against the maritime rights of neutrals, bearing date the 11th of November, 1807, I transmit them to Congress as a further proof of the increasing dangers to our navigation and commerce which led to the provident measure of the act of the present session laying an embargo on our own vessels.
TH: JEFFERSON.
Feb. 2, 1808. Which being read,
Mr. Dana moved to refer it to the committee of Commerce and Manufactures as to that committee had been referred so much of the message of the President of the U. S. as relates to imposition on our neutral rights, &c.
Mr. Love moved that it be referred to a committee of the whole on the state of the Union, as before that committee were already all papers relative to our difference with Great-Britain.
The latter reference was agreed to—yeas 87.
Mr. Van Rensselaer reported a bill for the releas of Samuel Whitting—Read twice & referred to a committee of the whole.
Mr. Gardner moved that the unfinished business of yesterday be postponed.
The Speaker decided that this motion was not in order, for the motion under consideration when the House yesterday adjourned, was on indefinite postponement.
Mr. Poindexter offered the following resolution:
Resolved, That a committee be appointed to enquire whether any, and if any what amendments are necessary in the act entitled "An act, for laying and collecting duties on import and tonnage within the territories of the United States by the treaty of the 30th of April 1803, between the United States and the French Republic; and for other purposes," and that they have leave to report thereon by bill or otherwise.
Mr. P. moved that it be referred to a select committee to obtain a more immediate decision of the question; as a great press of matter was already before the committee of Commerce & Manufactures.
After some discussion it was amended so as to refer it to the committee of Ways & Means, and adopted.
The House then resumed the consideration of Mr. Sloan's resolution for moving the seat of government; and Mr. Lewis's motion for indefinite postponement being under consideration, Messrs. Eppes and Love supported, and Messrs. Gardenier & Bacon opposed the motion for postponement. When the House adjourned without taking the question.
THURSDAY, FEBRUARY 4.
The following message was received from the President, and with the documents enclosed, ordered to be printed:
To the House of Representatives Of the United States.
In my message of January 20, I stated that some papers forwarded by Mr. Daniel Clark of New Orleans, to the Secretary of State in 1803, had not then been found in the office of State; and that a letter had been addressed to the former chief clerk, in the hope that he might advise where they should be sought for. By indications from him they are now found. Among them are two letters from the Baron de Carondelet to an officer serving under him at a separate post; in which his views of a dismemberment of our union are expressed. Extracts of so much of these letters as are within the scope of the resolution of the House are now communicated. With these were found the letters written by Mr. Clark to the Secretary of state in 1803. A part of one only of these relates to this subject, and is extracted and enclosed for the information of the House. In no part of the papers communicated by Mr. Clark, which are voluminous, and in different lan-
guages, nor in his letters, have we found any information of the corrupt receipt of money by any officer of the U. S. from any foreign agents for dismembering the union; these papers or letters offer nothing which was not probably known to my predecessors, or which would call anew for enquiries, which they had not thought necessary to institute, when the facts were recent, and could be better proved. They probably believed it best to let pass into oblivion transactions which, however culpable, had commenced before this government existed, and had been finally extinguished by the treaty of 1795.
TH: JEFFERSON.
February 4, 1808.
[Documents accompanying the message will be given hereafter.]
On motion of Mr. Newton,
Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the necessity of making a proper distribution of the charts of the coast of North-Carolina published in conformity with a resolution passed in March, 1807.
Mr. Clinton presented the memorial of Thomas Paine praying for compensation for services rendered in negotiating a loan for the United States—Referred to the committee of Claims.
A bill from the Senate, to revive and continue certain suits in the district court of Columbia, was read twice and ordered to a third reading to-morrow.
A bill to provide for payment of expenses incurred in an enquiry into the conduct of John Smith of Ohio was read and referred to a committee of the whole.
The House resumed the consideration of the resolution offered by Mr. Sloan for the removal of the seat of government to Philadelphia; when Mr. Lewis withdrew his motion for an indefinite postponement, and
Mr. Sloan moved that it be committed to a committee of the whole House, with a view to make it the order of the day for Monday two weeks.
This motion was largely debated, Messrs. Sloan, Masters, Bacon, Fisk, Livermore, Bibb, Kelly, Alexander and Lyon supporting the motion, and Messrs. Lewis, Rhea, Van Horne, Holland, Taylor, Macon and Blount opposing it; and at length decided in the negative—63 to 61. When the House immediately adjourned.
In the course of discussion Mr. Smith made a motion to postpone the subject; which not being in order could not be received.
Of those who voted for the commitment some members declared themselves against the motion of Mr. Sloan, but in favor of a fuller discussion of it.
In the course of the debate Mr. Sloan stated that he had this day received opprobrious language as he was on his way to the Capitol; whereupon,
Mr. Lyon declared his intention to have moved a resolution that the House take the matter into consideration as a breach of privilege by an insult offered to one of its members; but that a letter had been received from the Mayor stating that proper steps were taken to secure the offender.
ORDERS IN COUNCIL.
At the court of the queen's palace, the 25th of November, 1807, present, the king's most excellent majesty in council.
Whereas his majesty, by his order in council, dated the 11th of November last, respecting the trade to be carried on with his majesty's enemies, was pleased to exempt from the restrictions of the said order, all vessels which shall have cleared out from any port or place in this kingdom, under such regulations as his majesty may think fit to prescribe, and shall be proceeding direct to the ports specified in the respective clearances; his majesty, taking into consideration the expediency of making such regulations, is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all vessels belonging to countries not at war with his majesty, shall be permitted to lade in any port of the United Kingdom, any goods being the produce or manufacture of his majesty's dominions, or East-India goods, or prize goods, (all such goods having been lawfully imported) and to clear out with, and freely to convey the same to any port or place in any colony in the West Indies or America, belonging to his majesty's enemies, such port or place not being in a state of actual blockade, subject to the payment of such duties as may at the time when any such vessels may be cleared out, be due by law on the exportation of any such goods, or in respect of the same being destined to the ports of the colonies belonging to his majesty's enemies; and likewise to lade, clear out
with, and convey as aforesaid, any articles of foreign produce or manufacture which shall have been lawfully imported into this kingdom, provided his majesty's licence shall have been previously obtained for so conveying such foreign produce or manufacture.
And it is further ordered, that any vessel belonging as aforesaid, shall be permitted to lade in any port of the United Kingdom, any goods, not being naval or military stores, which stores, which shall be of the growth, produce or manufacture of this kingdom, or which shall have been lawfully imported, (save and except foreign sugar, coffee, wine, brandy, snuff and cotton) and to clear out with, and freely to convey the same to any port, to be specified in the clearance, not being in a state of actual blockade, although the same shall be under the restrictions of the said order; and likewise to lade, clear out, and convey foreign sugar, coffee, wine, brandy, snuff, and cotton, which shall have been lawfully imported, provided his majesty's licence shall have been previously obtained for the exportation and conveyance thereof: And it is hereby further ordered, that no vessel shall be permitted to clear out from any port or place of this kingdom to any port or place of any country subjected to the restrictions of the said order, with any goods which shall have been laden (after notice of the said order) on board the vessel which shall have imported the same into this kingdom, without having first duly entered and landed the same in some port or place in this kingdom; and that no vessel shall be permitted to clear out from any port or place in this kingdom to any port or place whatever, with any goods, the produce or manufacture of any country, subjected to the restrictions of the said order, which shall have been laden after notice as aforesaid, on board the vessel importing the same, without having so duly entered and landed the same; or any goods whatever which shall have been laden after such notice in the vessel importing the same, in any port or place of any country subjected to the restrictions of the said order, without having so duly entered and landed the same in some port or place of this kingdom, except the cargo shall consist wholly of flour, meal, grain, or any article or articles the produce of the soil of some country which is not subjected to the restrictions of the said order, except cotton, and which shall have been imported in an unmanufactured state direct from such country into this kingdom, in a vessel belonging to the country from which such goods have been brought, and in which the same were grown and produced.
And it is further ordered, that any vessel belonging to any country not at war with his majesty, may clear out from any port or place, under the restrictions of the said order, which shall be specified in the clearance, not being in a state of actual blockade, with such articles only, not being naval or military stores, as shall have been legally imported into such islands respectively, from any port or place in this kingdom direct; and with respect to all such articles as may have been imported into the said islands respectively, from any port or place under the restrictions of the said order, it shall not be permitted to any vessel to clear out with the same from any of the said islands, except to some port or place in this kingdom.
W. FAWKENER.
At the court at the Queen's Palace, the 25th November 1807, present the king's most excellent majesty in council.
Whereas his majesty by his order in council, dated the 11th of November last, respecting the trade to be carried on with his majesty's enemies, was pleased to exempt from the restrictions of the said order, all vessels belonging to any country not at war with his majesty, together with their cargo, which shall be coming from any port or place in Europe which is declared in the said order to be subject to the restrictions incident to a state of blockade, direct to some port or place in Europe belonging to his majesty, and also all vessels which shall be cleared out from Gibraltar or Malta, under such regulations as his majesty may think fit to prescribe, and which shall be proceeding direct to the ports specified in their respective clearances.
And whereas it is expedient to encourage the trade from Gibraltar and Malta to countries under the restrictions of the said order, subject to regulations to be made in respect thereto; his majesty is therefore pleased to prescribe the following regulations in regard to such trade, accordingly, and by and with the advice of his privy council, to order, and it is hereby ordered, that all sorts of flour and meal, and all sorts

of grain, tobacco, and any other article in an unmanufactured state being the growth and produce of any country not being subjected by the said order to the restrictions incident to a state of blockade, except cotton, and naval and military stores, which shall have been imported into Gibraltar or Malta, direct from the country where the same were grown and produced shall, without any licence, be permitted to be cleared out to any port or place not being in a state of actual blockade, without the same being compelled to be landed. But neither the said article of cotton, however imported, nor any article which is not the growth, produce, or manufacture of this kingdom, or which has not been imported in a British ship, or from this kingdom direct except fish, and which shall have been laden at the port of original shipment after the period directed by an order of this date, to be taken at the time at which notice of the said order of the 11th of November, shall be considered as having been received at such port of shipment, shall be permitted to be exported from Gibraltar or Malta, except to some port or place in this kingdom; and all other articles of the growth, produce, and manufacture of this kingdom, or which shall have been imported into Gibraltar or Malta in a British ship or from some port or place in this kingdom, together with the article of fish, however imported, may be exported to any ports or places in the Mediterranean or Portugal, under such licence only as is hereafter directed to be granted by the governors of Gibraltar and Malta respectively.
And it is hereby further ordered that licences be granted by the governor, lieutenant-governor, or other persons having the chief civil command at Gibraltar, or in Malta respectively, but in his majesty's name, or such person or persons as the said governors, lieutenant-governors, or persons having the chief command shall think fit, allowing such person or persons to export from Gibraltar direct, to any port in the Mediterranean, or to any port of Portugal, or to any port of Spain, without the Mediterranean not further north than Cape Finisterre, and from Malta direct to any port being within the Mediterranean, any articles of the produce or manufacture of his majesty's dominions, and any articles which shall have been imported into Gibraltar or Malta from this kingdom, to whomsoever such articles shall appear to belong (not being naval or military stores) in any vessel belonging to any country not at war with his majesty, or in any vessel not exceeding 100 tons burthen, and being unarmed, belonging to the country to which such vessel shall be cleared out and going; and also to import in any such vessel or vessels as aforesaid, from any port within the Mediterranean, to Gibraltar or Malta—or from any port in Portugal or Spain as aforesaid, to Gibraltar; such port and such destination respectively to be specified in such licence, any articles of merchandise, and to whomsoever the same may appear to belong; such articles to be specified in the bill of lading of such vessel, subject however to such further regulations and restrictions with respect to all or any of the said articles as may be imported or exported, as may be inserted in the said licences by the governors, lieutenant-governors, or other persons having the chief civil command at Gibraltar or Malta, for the time being respectively, as to them shall, from time to time, seem fit and expedient.
And it is further ordered, that in every such licence shall be inserted the names and residence of the person or persons to whom it shall be granted, the articles and their quantities permitted to be exported, the name & description of the vessel, and of the master thereof, the port to which the vessel shall be allowed to go, which shall be some place not under actual blockade—and that no licence so to be granted, shall continue in force for longer than two months from its date, nor for more than one voyage—or any such licence being granted, or acknowledged to be valid, if granted to permit the clearance of any vessel to any port which shall be actually blocked by any naval force of his majesty or of his allies.
And it is further ordered, that the commanders of his majesty's ships of war and privateers, and all others whom it may concern, shall suffer every such vessel sailing conformably to the permission given by this order, or having such licence as aforesaid, to pass and repass, direct between Gibraltar or Malta, and such port as shall be specified in the licence, in such manner, and under such terms, regulations, and restrictions as shall be expressed therein.
And it is further ordered, that in case any vessel, so sailing as aforesaid, for which such licence as aforesaid
said shall have been granted, and which shall be proceeding direct upon her said voyage, shall be detained and brought in for legal adjudication, such vessel, with her cargo, shall be forthwith released by the court of admiralty in which proceedings shall be commenced, upon proof being made that the parties had duly conformed to the terms, requisitions, or restrictions of the said licence; the proof of such conformity to lie upon the person or persons claiming the benefit of this order, or obtaining or using such licence, or claiming the benefit thereof.
And it is hereby further ordered, that no vessel belonging to any state or on the coast of Barbary shall be prevented from sailing with any articles of the growth or produce of such state, from any port or place in such state, to any port or place in the Mediterranean, or Portugal, such port or place not being actually blocked by some naval force belonging to his majesty, or his allies, without being obliged to touch at Gibraltar or Malta.
W. FAWKENER.
At the court at the queen's palace, the 25th of November, 1807, present, the king's most excellent majesty in council.
Whereas his majesty, by his order in council of the 11th of November inst. was pleased to order and declare that all trade in articles which are of produce or manufacture of the countries and colonies mentioned in the said order, shall be deemed and considered to be unlawful (except as is therein excepted)—his majesty, by and with the advice of his privy council, is pleased to order and declare, and it is hereby ordered and declared, that nothing in the said order contained shall extend to subject to capture and confiscation any articles of the produce and manufacture of the said countries and colonies laden on board British ships, which would not have been subject to capture and confiscation if such order had not been made.
W. FAWKENER.
At the court at the queen's palace, the 25th of November 1807, present, the king's most excellent majesty in council.
His majesty taking into consideration circumstances under which Prussia and Lubeck have been compelled to shut their ports against British ships and goods, is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all ships and goods belonging to Prussia which may have been seized subsequent to his majesty's order of the nineteenth of November, one thousand eight hundred and six, and are now detained in the ports of this kingdom, or elsewhere, and all ships and goods belonging to inhabitants of Lubeck which are so detained shall be restored, upon being pronounced by the high court of admiralty, or court of vice admiralty in which they have been or may be proceeded against, to belong to subjects and inhabitants of Prussia or Lubeck, and not otherwise liable to confiscation; and that such ships and goods shall be permitted to proceed to any neutral port, or to the port to which they respectively belong; and it is further ordered, that the ships and goods belonging to Prussia or Lubeck, shall not, until further orders, be liable to detention, provided such ships and goods shall be trading to or from any port of this kingdom, or between neutral port & neutral port, or from any port of his majesty's allies, and proceeding direct to the port specified in their respective clearances.
W. FAWKENER.
At the court at the queen's palace, the 25th of November, 1807, present, the king's most excellent majesty in council.
His majesty taking into consideration the circumstances under which Portugal has been compelled to shut her ports against the ships and goods of his majesty's subjects, is pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that all ships and goods belonging to Portugal, which have been, and are now detained in the ports of this kingdom, or elsewhere, shall be restored, upon being pronounced, by the high court of admiralty, or by the court of vice admiralty, in which proceedings may have been or shall be commenced, to belong to subjects and inhabitants of Portugal, and not otherwise liable to confiscation; and that the said ships and goods shall be permitted to proceed to any neutral port, or to Portugal:—and it is further ordered, that the ships and goods belonging to Portugal, shall not, until further orders, be liable to detention; provided such ships and goods shall be trading to and from any port of this kingdom, or to and from Gibraltar or Malta, and proceeding directly to the port specified in their clearance, or between neutral port and neutral port, or be-
tween Portugal and the ports of her own colonies, or from any port of his majesty's allies, and proceeding direct to the ports specified in their respective clearances; provided such ports shall not be at the time in a state of blockade. And it is further ordered, that the ships of Portugal shall not be considered as entitled, under any treaty between his majesty and Portugal, to protect any goods laden therein which may be otherwise subject to confiscation.
W. FAWKENER.
WASHINGTON CITY.
FRIDAY, FEBRUARY 5.
The Emperor of France left Paris on the 18th of Nov. for Italy.
COMMUNICATION.
An Inhabitant of this place, supposed to be in liquor, having offered Mr. Sloan, a member of the House of Representatives, opprobrious language, in consequence of the proposition made by him, to remove the seat of government—The Mayor, on a complaint being lodged with him, immediately issued his warrant for his apprehension. The utmost confidence may be reposed in the disposition and ability of the police either to prevent, or bring to punishment any persons who may attempt to disturb the peace.
Lancaster, Jan. 27.
"This day the question was taken on a general postponement of the impeachment of the governor, and carried—Yeas 44, Nays 41. Abraham M'Kinney was absent.
Chillicothe, Jan. 18.
Twenty-nine witnesses have been examined in the cases of the U. States against Aaron Burr and Herman Blannerhasset. The grand jury have not yet made a return to the bills laid before them by Mr. Creighton, the district attorney, in the above cases. It will probably be made in the course of tomorrow.
Marietta, Jan. 25.
The grand jury lately empanelled at Chillicothe, have found bills of indictment against Aaron Burr and Herman Blannerhasset, for a misdemeanor. A detailed account of the proceedings of the court, will be given next week.
From the London Morning Chronicle.
It is a most lamentable sign of the times, that all this accumulated mass of error and misfortune does not serve to rouse the people of this country to a sense of their danger. Because they feel safe from the calamity of invasion, they observe the storm gathering around the kingdoms with the most settled composure. They see the consequences of the fatal system of rashness and robbery, which the ministers have dignified with the appellation of vigor, in contrast with the wary and circumspect conduct of their predecessors, with a mixture of contrition and stupor. They are petrified with the conviction of their own folly in believing that men who proposed to give us strength by disuniting us, could ever wield the energies of the nation with effect. They now begin to be sensible that Lord Grenville and his colleagues acted with the discretion of true statesmen, and that they would have averted the evils into which their successors have plunged us. They would not only have united every heart in the cause, but by maintaining unblemished the high reputation of England for honor and liberality, have made foreign nations desirous of connection with us. Now, we find, with too much truth, the Moniteur alleges—"that wherever there are Catholics the English will find enemies."
LONDON, Nov. 24.
The Hamburg papers, which are arrived in town, contain a variety of interesting intelligence. We have seen the Correspondent article in 12th, and 13th instant. On the 11th, the latter, under the head of "Trieste, Oct. 21," states, that upon the great military road which runs about 11 or 12 miles from that part, the French army are marching night and day, from Italy to Dalmatia. The destination of this army, which is proceeding with the utmost expedition by forced marches, may be easily inferred, from an article which appears in the same number of the Correspondent, under the head of Constantinople. In this article it is mentioned, that the baggage of General Sebastiani had been sent off to Odessa, to which place that ambassador himself was upon the point of departing. These articles are inserted with every appearance of authority, and from them there can be no doubt of a rupture between the Porte and France. Bonaparte, however, seems resolved to bring this rupture to a speedy conclusion. The skill of his arrangements, and the promptitude of his
movements, contrasted with the broken down spirit and disorganized power of the Turkish government, leave, we fear, but little room to doubt as to the issue of the contest. Of the spoils of Turkey, most probably, Russia and Austria will have a share.
An article from Riga, in the last Correspondent, states that the Russian army has fully made up the losses it sustained in the late war, and that its number is now complete; nay more, that it is about to be augmented by a new levy of 60,000 men, which according to an Imperial Decree is now raising.
The utmost exertions are being throughout Russia, to advance the naval and military strength of that empire.
LONDON, Nov. 24.
We this morning received Paris papers to the 14th, the contents of which are important, but we have not time at present to offer any comments upon them. It is positively stated, that our troops have evacuated Alexandria, and that the Turks took possession of that place on the 22d September, in consequence of a treaty with the British commander.
Sir Arthur Paget has returned to Malta, having altogether failed in his mission to the Porte.
NOVEMBER 25.
The treaty between France and Austria is stated to have been signed at Fontainbleau on the 31st ult. The treaty between France and Denmark has been duly ratified.
NOV. 27.
Mr. Pinckney, the American ambassador, it is said, has had a private conference with Mr. Canning, on the subject of the late orders in council; at which Mr. Pinckney, gave it as his opinion, that his government would immediately, on receipt of the information, direct an embargo to be laid on their shipping.
The Courier says—"On Wednesday his majesty was pleased to order the Parliament to be further prorogued, from the 17th day of December to the 21st day of January, then to meet for the dispatch of business."
NOV. 30.
The treaty of partition or plunder of the Turkish empire, is said to have been signed by France, Russia, and Austria, the two first of which powers have expressed such moral and virtuous indignation against us, on account of the attack upon Denmark. The following is the division of the plunder. France is to receive for her share the Provinces bordering on the Adriatic, the Seven Islands, the Morea and Egypt.
Austria is to have Servia, Bosnia, and part of Wallachia.
And to the lot of Russia will fall the other part of Wallachia, Bessarabia, Moldavia, and the island of Candia.
The destiny of Constantinople is said not to be fixed—but Bonaparte will probably send some Caulincourt or Hulin to Constantinople, who will organize the means for making the throne vacant, and for paving the way for some of the illustrious members of the Bonaparte family.
We have been favored with the following extract of a letter from Bremen, dated Nov. 14:—
"By an order of the emperor of France, all vessels arriving loaded with goods which, from England can be exported, are to be taken possession of, and the goods discharged, and stored until farther direction from the court of Paris, without taking regard from what place, and for whose account such goods have been shipped. In consequence of this measure, which is more rigorous indeed than any we have suffered before, some vessels with American produce, and for American account, which have arrived since in the Elbe, have been seized, and accordingly will be discharged, and the cargoes stored by the French military. All ships which may come into the Weser, before the winter sets in wont escape the same fate—besides there is an embargo laid on all vessels."
DECEMBER 5.
An embargo has been laid on all the British ships in the Russian ports, but there are very few we believe in them. The following letter upon this subject, has been received this morning from Hull:—
Hull, December 2.
"The Bell arrived last night from St. Petersburg, which she left on the 4th ult. During her stay in Helsingburg Roads, the Neva had also got safe down, and we expect would proceed with the London convoy. During the fleet's stay at Helsingburg a neutral arrived there from Riga, with letters from Mr. Cumming, from his house at Riga, informing him, that an embargo was laid on all the Russian ports on the 12th Nov. after three days notice had been given by his government. Only one ship from London was at Riga. We have not heard of any ships being embargoed at St. Petersburg."
In consequence of the orders from government, the Russian frigate Speroni, of 44 guns, and a large transport were taken possession of as prizes on Wednesday night at Spithead, by the Leda and Hussar.—We hope soon to announce the entrance of the Russian Mediterranean squadron into an English port.
Part of the squadron that was under admiral Keates, is to sail from Portsmouth this morning.
LISBON, Oct. 31.
I have little to add to the account I gave you in my last. Much confusion prevails here. Provisions continue to rise, all restrictions being removed from the corn market, as to fixing the price. Flour is now at 8/ 15s. per barrel.
STRAYED on Saturday the 30th inst. a BLACK HORSE, with a white mark on one side of his nose & on the forehead; the dock long; but the hair at the end of it cut short; off foot behind white. Whoever will deliver him to the owner shall receive FIVE Dollars Reward.
Apply at the house of Mr. ERSKINE, the British Minister. February 5—3t
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 cassimere, Bennett's cords and velvets, Constitution Gerrow, hunting, Tra- falgar, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk molekins do. Tolinetts, swansdown do. Plain and figured Marseilles do. Beaver skin coatings, Plains, kerseys, halfhicks, Rose and dubl blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Gingham,ilk and cotton chambrays, Furniture Sintz, Cambric and jaconet muslins, India and British book do. India malmull figured and plain, Plain and figured lenos, Laced cambrics, Elegant tambeured mulls, Grecian robes and Pelisse dresses, 8 & damask and raw silk shawls, Down & scarfs, Camel's 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 lute strings, Persians and Medes, Thread and cotton lenos, Lace caps and handkerchiefs, Back muslin and leno cap patterns, 4 & 8 Irish linens, Long lawns, linen cambrics, Irish diapers, 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 rugs, Russia sheeting, tick- lingburg, Onaburgs, baftas, 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 5—tf
NEW PUBLICATIONS.
Just published and for sale, at D. RA- FINE'S book store, on Capitol Hill. THE American Artillerist's Companion, translated and extracted from the best memorials, and most recent publications, on this important branch of military science. — Lewis Toward. The American Register, or general Repository of History, Politics, and Science. This work will be published semi annually, for which, as well as the preceding work, subscriptions are received at the above store.
A Picture of the Empire of Bonaparte and his derivative nations; or the Belgium Traveller; being a tour through Holland, France and Switzerland, during the years 1804—5, in a series of letters from a nobleman to a minister of state.
Columbella on the Foreign Carrying Trade—showing the effects on agriculture, population and morals of the country. "A Book" without a title—this is a periodical publication of much wit and humor. The Subscribers to Dr. Ross's Encyclopedia are respectfully informed that the sixth volume of this extensive work is now completed, and the work is rapidly progressing; and it is hoped that those in arrears will be so good as to send for their volumes and pay up the balance due, which will enable the publishers to go on with the work without impediment. February 1—4t

Continued from first page. other department of the government; and when gentlemen talked about the House of Representatives being the guardians of the public weal, he could not understand distinctly what was meant. If the authority for doing this act were not shown in the constitution, and it could not be, he did not know whence they derived their authority. Whatever authority was not expressly granted by the constitution remained with the people; and no more authority was granted by implication to the legislature than to the Executive or judiciary. He believed it was not contended that the power to pass this resolution was given expressly by the constitution. Was it then given by implication? The power of removal for misconduct or without alleged guilt was given to the Executive alone. Had the House the power to try an officer for treason or other crimes? An authority to do this was expressly given to the judiciary department. What was the object of the resolution? It must go either to removal from office or trial for treason or misdemeanor. The power to accomplish both these objects is expressly vested in two other departments of the government, & certainly not in the House of representatives. It would not be contended he presumed that the House by implication possessed the power to do that which was expressly reposed in another department of the government.
While up he would state what he did believe—that if it were stated to the House that Gen. W. had received a pension from Spain, and that the President under a knowledge of this fact had refused to remove Gen. W. from office, for the purpose of examining whether it would be proper to impeach the Executive, a committee might be appointed to call for persons and papers, because there the end proposed was within the power of the House; and they were clothed with authority to do all that was necessary to accomplish the duties imposed upon or delegated to them by the constitution. So if a gentleman proposed the impeachment of a judge, and moved the appointment of a committee to send for persons and papers, it could be done, because it also was within their constitutional power. So also, the House had power to disband the army. If the question proposed by the resolution was the collection of proof of corruption in the army, with a view to disbanding it, it would be in the power of the House by implication to erect a committee of enquiry. The object of this resolution, however, must be to collect facts, by which to enquire into the individual guilt or innocence of Gen. W. and with this the House of Representatives had nothing to do. Suppose they collected evidence, what was to be done with it? They might send it to the proper department—but could it be received as evidence before judicial court? Upon the same principle as this now contended for, the House might on being informed of a murder committed in the neighborhood, appoint a committee with compulsory power to enquire into the transaction. Suppose a committee appointed agreeably to the resolution; and a witness summoned by that committee were to refuse to attend and testify, were to treat their process with contempt, and the committee were to commit this person. If application were made for a writ of habeas corpus, would not a court dismiss him by such writ, because the legislature had assumed the power to act on a subject not within their province?
He had always considered that the very existence of our government depended on keeping the several departments separate, and taking care that one should not encroach upon another. Gentlemen had said that this was an extreme case, and that as guardians of the public weal they ought to pursue this course. Mr. U. thought this principle was a dangerous one. It was as important that this House should not encroach on the judiciary as that the judiciary should not encroach upon other departments. One thing he observed that when gentlemen of the first abilities in the House had been called upon to shew authority for this resolution, they had failed to shew any. He had stated thus much, because the yeas and nays had been called, and because he could not reconcile the giving his affirmative to this resolution with his oath to support the constitution.
Mr. Rowan said, to avoid a delay of time, he would accept the amendment as part of his resolution, though he should move for a division of the question, that they might be decided on separately. Gentlemen who opposed his resolution, had gone upon the principle that by passing it, this House would transcend its power, and
upon that had predicted all their objections. It was upon this ground that he advocated this resolution. He contended that this House had the power: the very first clause of the powers delegated, seemed to vest this in Congress. It must be allowed that to have a commander in chief friendly to our enemies, was against the common weal: "Congress shall have power (says the constitution) to lay and collect taxes, &c. and provide for the common welfare and defence of the U. S. &c." Would it not be providing for the general welfare to remove an officer thus situated? Suppose a commander in chief, said Mr. R. leagued secretly with our enemies, could we under these circumstances think of carrying on war? We certainly should not. What could we do in such a case? Disband the army we could not, when menaced by our adversary; for that would be throwing ourselves directly into the enemy's hands. Would you withdraw the supplies? The same consequence would result. What then could be done? Request the President to remove him? It will then be said, as it is now, that the House is encroaching on Executive prerogative. The House certainly possessed power to request the removal of the commander in chief under the general provision of the constitution; and consequently possessed the power to collect evidence for ascertaining the guilt or innocence of that officer.
Gentlemen wondered what could be the object of an enquiry? Mr. R. said he would tell them. He was unwilling to make a request without strong grounds on which to make it. The power to make the request seemed to be conceded: the power of collecting evidence on which to found it followed of course. He would then receive such information as would justify the House in impeaching—not Wilkinson, but the President, if he should refuse to remove that officer.
He contended for the power of the House because he could not see how the common defence could be maintained and the general welfare promoted without it. In vain had the convention given to Congress the power of raising and supporting armies and providing for the common weal, except it had also given the power to enquire into the conduct of the commander in chief—not, as had been said by the gentleman just sat down, to enquire into the conduct of a subaltern officer, because his misconduct would not so imminently endanger the public weal. It was under this provision of the constitution that the commander in chief became subject to enquiry as to his conduct and disposition. The President was commander in chief in time of war—Would it be said that any conduct of his in that character which would justly expose him to the animadversion of the nation, could not be enquired into?—And although his misconduct in character of military chief, could not be the subject of impeachment, yet this House, the two characters of President and commander in chief being combined, would, and ought in promotion of the common weal to impeach and remove the President, to get clear of the commander—a destitution of this power might be fatal to the nation. Its exercise was not only deducible from the genius and texture of our government; but resulted from necessity.
My mind, said Mr. R. revolts at the idea of our not having power to enquire into the conduct of the commander in chief who conducts our armies. It seems to me that on the principle of self preservation we possess this power; the government is in fact annihilated if we do not possess it. Suppose it was declared to you that a person, the commander in chief or col. Burr for instance, was to turn Congress out of doors; suppose that the President had a secret understanding and was leagued with him, and that for the better covering their designs col. B. had threatened to tie him neck and heels and throw him into the Potomac; suppose at this time it should be necessary to raise an army of 50,000 men, and we made a request to the President in consequence of this information to remove this commander; he may not chuse to obey the request—may refuse to remove him. What power have we to compel him? Should we prosecute him for the refusal? No. You ought to lay before him such evidence as would compel him to remove this officer; and if he then refuses, you ought to remove him. The very opposition to this power on constitutional grounds furnishes arguments in its favor. It was lodged in this House by reasoning, by implication, and by expression.
Mr. R. did not wish to try Gen. Wilkinson; he had no desire to try him—far other were his purposes; he viewed the critical situation of the country at present—a man at the head of our army, against whom to say the least of it there was a very
strong suspicion. What was to be done? Look at the proceedings of the session before this, when the President had pronounced Gen. Wilkinson a patriot, and a man of honor. Look at the papers now on your table; by these he is pronounced an enemy, as being concerned in a project for dismembering the government, and as a foreign pensioner. It was not to be expected that the President would remove Gen. W. except good grounds were shown for that removal. How could they come at them? It was contended by the opponents of this measure that they could not come at them. It followed, that if they had no power to collect them, and the President retained his good opinion of this officer, that the armies of the U. States must continue to be commanded by Gen. Wilkinson. The President no doubt, would remove him whenever they laid before him testimony, to authorize this removal. It was to obtain this testimony, and not to punish General Wilkinson that Mr. R. wished this enquiry. When this was had, if military or civil courts chose to prosecute this person, it was very well; but his views went beyond this—he would not otherwise trouble the House with so unimportant a subject. He wished the nation either to be satisfied of the innocence of this man, or the nation and the President to be convinced of his guilt, and that the nation might have a commander in whom they could confide. How then would an enquiry infringe on any constitutional provision? It was not a trial that was now asked. It had been said by some gentlemen that this was a trial, that this person would be tried again by a court, and the House had been told that the constitution declared no person should be twice jeopardized for the same offence. If this were actually a trial that was proposed the argument would hold. But unfortunately the argument admitted that a prosecution might be instituted for a crime of this kind against a civil officer, who after impeachment and removal, falls into the hands of a court of justice, and any man would be laughed at who would say in a court of justice that a prosecution should not be instituted because Congress had enquired into the subject. These arguments only went to prove that what a man wishes he can easily find a reason for: those who were opposed to an enquiry into the conduct of this man, could find reasons against it.
As to the charge against those who advocated the resolution, that they slandered or calumniated, it was unjust and unfair. Mr. R. said he knew not Gen. Wilkinson; he should rejoice that he should come out clear of even suspicion; but he had no idea that delicacy should stand as a barrier betwixt the nation and its true interests, or that delicacy should screen this man from a timely enquiry in a time of danger. If they were to consult delicacy, or if the object of this committee was to shut out light as had been said, then indeed a majority of the House would reject the proposition, he could not, however, but admire the sapience of the position that the appointment of a committee to enquire was the exclusion of an enquiry. A tribunal of three officers was said to be competent, and delicacy was called upon to prevent the expression of a doubt of their power or competence; while the same gentleman told them that an enquiry by a committee of the House appointed by the Speaker was to be in the dark! He was not surprised that gentlemen who were so greatly in the habit of confidence, should wish that a military enquiry should have preference to an enquiry of this kind; the delicacy of courts, thank God, had not so much influence over him as to induce him to resign the rusticity of the republican to motives of delicacy towards a military tribunal. If gentlemen could reconcile with that doctrine their cry against encroachment, let them do it—he should be pleased to hear them.
But, he contended, that the Executive department was not possessed of all power, and that this power rested with this House. If it were not in this House, where did it rest? Point out the clause of the constitution which gave the President this power. If not there to be found, whence did he derive it? From this House. From a constitutional delegation of it to the Executive? Had the House so far divested itself of power as to leave itself incompetent to this enquiry? Their portion of power was indeed scant, if they had not left themselves a remnant for national purposes, and that remnant he hoped they would not from false delicacy transfer to the Executive or to a military tribunal, if indeed an enquiry was intended to be made.
As he had been asked for authority, he would in turn ask gentlemen to shew or point out the power vested in this triune court; the law of Con-
gress or the clause of the constitution which gave to this tribunal exclusively the power, and took it from Congress. It was not arguing fairly, when they called upon him to shew an express power vested by the constitution in this House, without shewing on their part the authority of the Executive to exercise it exclusively. They were told that General Wilkinson was a military man, and ought to be tried according to the etiquette of military courts, and not upon the plain ground that members of Congress could pursue. If this was the authority which gentlemen would produce, and they were willing thus to surrender their own rights, let them do so; but he was not prepared to go with them.
Mr. R. thought it essential to the common weal that they should request the President to remove General Wilkinson; and if after this request he should still continue in command, that they should try; not Gen. W. but the President of the U. States. He did not nor would he say that it would be necessary to do it in this case: No President could withstand the voice of the nation so supported. He did not mean to say by this that the President would require any great exertion of their authority to induce him to do his duty, though he was not so fond of expressing confidence in the Executive as some gentlemen were. He had confidence in the Executive, but his confidence was seasoned with vigilance—a vigilance predicated upon the frailty, the fallibility and the corruption of human nature. It was in perfect consonance with his confidence not to rely implicitly upon a single individual; and therefore, when the common weal required an enquiry, he should not be deterred from it by the professions of confidence in the Executive, or by that delicacy and abhorrence of slander displayed by a gentleman who talked of clamor, against those who were honestly endeavoring to discharge their duty to the best of their ability. He as one did not mean in this or any other case, to effect any purpose by "clamor," he hoped always to be able to shew cause for any proposition which he should make, with a due regard to the feelings of those who might entertain a different opinion.
If Congress could not make this enquiry, and no power could be shown in the Executive to make it exclusively, what resulted? That no enquiry could be had? Suppose the Executive did not chuse to make an enquiry (though in this case it seemed he had ordered one, after this House had taken it up) what was to be done? Was there to be no enquiry? After testimony had been produced, and that supported by circumstances almost as strong as proofs from holy writ, that the commander in chief was a pensioner of Spain and had plotted the dismemberment of the union, nothing could be done. This would be a dissolution of national power. All the arguments opposed to this power in the House, went to the very vitals of the union; they went to vest an individual with a power extremely dangerous and against which the people were more jealous than upon any other subject. And he confessed he was surprised that gentlemen who wished to be thought exclusively the advocates of the people's rights, should argue that the Executive in preference to Congress should possess a power so important to the public weal, and this doctrine supported by no better arguments than charges of slander, want of confidence and indecacy against their opponents in opinion.
But it was urged by one gentleman that if it were stated in this resolution that the object was to impeach the Executive, he would vote for it, because it would then be within the power of the House. By fair implication this object was expressed as strongly as if specifically stated. If the resolution would have the support of the gentleman on that ground, why not give it his support when it was intended to effect that object which must be resorted to if the Executive refused to remove this officer? For if a refusal was made, it followed that all this was preparatory to an impeachment. Instead of making a request to enquire the House had wisely prepared to collect information, in order to call the Executive to account on a refusal to remove this officer, if the information when collected made his removal necessary. As he conceived that gentlemen would impeach the President if it should become necessary, they should vote for this resolution, as it was the first step to impeach him if the national weal were not consulted short of such a resort.
Mr. R. beseeched gentlemen of the House to consider the danger which might result from a decision contrary to that which he supported. He might be mistaken in his ideas; and if he was so he hoped he should be voted down. For himself, he voted
with no man or set of men; he felt gratified when his opinion met the sanction of the majority; but should never abandon a subject because there was a prospect of his being in the minority.
It had been opposed as a great argument to this measure, that they were assailing a character without giving him an opportunity to defend himself. Into the conduct of what officer had they ever enquired without doing it in this manner? If they involved the character of a man it was done with a view to the public good and must be submitted to—they could not enquire into the conduct of a man without implicating his character. Would any gentleman say that the door should be barred to enquiry for the public good, because it might implicate or even sacrifice an individual character? It was better to sacrifice an individual than that the nation should fall. If Gen. Wilkinson was innocent, and he sincerely hoped he might be so found, though acquainted as he was with the character of the deponent, he could not but have his fears—if Gen. Wilkinson should be innocent, his character would shine with additional lustre; no sacrifice of character would have taken place, and the nation would go on to perform its usual functions. If on the contrary, the statement of the gentleman from Orleans should be correct, what would be their situation? They would go on in this way, out of delicacy, with a traitor at the head of our army. He was shocked at the arguments which had been used which led to this conclusion. As to a person being put twice in jeopardy, contrary to the constitution, it was in vain to tell the nation that a court of justice could make this enquiry. A trial might be carried on in court; a jury might be packed or wrought upon by means of the press. Every one had seen books written and the presses teeming in vindication of this man, and the public papers made the vehicle of his defence. When energies of this kind were employed, who could say what might be the result? If a jury should find him guilty, fine and imprisonment. And even in this case it remained a question whether the Executive would chuse to remove him or not: the crime might not carry with it such a conviction as to compel him to remove him, and what would be the consequence? The nation would remain in this situation, said Mr. R. because we have not the power to collect evidence on which to make a request, which the President could not disobey, to remove that officer.
The arguments which had been used, much as Mr. R. might be charged with having particular views, tended to shew that there were other gentlemen in the House yet more acquainted with the business than he was. The gentleman from N. Carolina had alluded to papers which Gen. Wilkinson had, and which he could not shew. Mr. R. did not know what papers the gentleman alluded to; but he did not distrust the nation or the House; if the House instituted an enquiry, this officer would have justice. The gentleman seemed to know that he had papers which would avail him much; they would not be lost; the nation would read them, and the committee of the House would read them, so as to do him complete justice. He could only say before he quitted that gentleman, that he was infinitely beyond him, when he gave the House to understand that he was prepared to prefer military to civil institutions—when he thought it safer that this power should rest with three military officers than with the grand inquest of the nation, for he must yet use this word, which had been so much carp-ed at. Mr. R. said there was more safety, as much justice, & more propriety in an enquiry by this inquest, than by three subaltern officers of the commander in chief.
(Speech continued on second page.)
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, Wafers, & ray, polished steel Shovel and Tongs, with cut and brass heads, &c. &c.
January 9th
LINDSAY'S HOTEL.
The Subscriber has taken that well calculated house on the Capitol Hill, Late occupied by Mr. Frost formerly by Mr. Stelle—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—4.