The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-08-30 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE. NO. DCCLXIII. FIVE DOLLARS PER ANNUM. FRIDAY, AUGUST 30, 1805. PAID IN ADVANCE.
Congressional Register.
HOUSE OF REPRESENTATIVES
SATURDAY, FEBRUARY 1.
DEBATE ON THE YAZOO CLAIMS, (Continued.)
MR. HOLLAND.—MR. SPEAKER, When this subject was before the House at the last session, I viewed it with the utmost indignation, from an impression that the act of Georgia of 1795, for the sale of their public lands and under which the petitioners now claim, was an act of the most corrupt legislature on earth; and I am yet far from believing that all the members who voted in favor of that act were influenced from the purest motives. But upon an examination of the subject in a cool and dispassionate manner, I find strong grounds for a removal of many of the prejudices that then existed in my mind. Sometime after the passage of the act of 1795, I happened to be in Georgia, and mixing with those who were unfavorable to it, I adopted a prejudice; and when the subject was brought up at the last session my original prejudice was revived and augmented from a whisper in my ear, or from my seeing it in print, that one of the commissioners of the U. States had an interest in the compromise proposed to be made.—A combination of these circumstances produced on me a hasty determination never to give a vote that by any possible construction should give a sanction to a measure so originating and involved in fraud. But, sir, after having more time to examine, and on more mature deliberation, I have relaxed from the hasty determination, and have discovered that it was the result of an honest disgust arising from the circumstances that I have stated. But I have since found that many of the facts that I then relied on did not exist, and consequently that my conclusions were drawn from false premises. I have examined with care, whether the suggestion respecting the commissioner was true. And here I ask pardon of this officer for the unfavorable impression I then entertained of him, having discovered it to be unfounded.—That many of the members of the legislature of the state of Georgia were influenced from improper, impure, and corrupt motives, I have no doubt; but that the conduct of those members, or the act which they passed was a sufficient cause to authorise the succeeding legislature to resort to revolutionary measures is to my mind exceedingly doubtful. There are many causes, however, if we will take the trouble to examine them, which will in a great measure account for the extraordinary proceedings of both those legislatures, and if their acts can be accounted for without attributing fraud to the one or tyranny to the other, that portion of charity that we are bound to extend to all mankind will impose upon us the most favorable construction. In order to understand these transactions it will be necessary to enquire into the estimated value of land, in the state of Georgia to which the Indian claim had been extinguished, and also the estimated value of the lands in question to which the Indian claim had not been extinguished for years antecedent to the disposal of them by the act of '95; and also enquire whether any external causes subsequent to the act of 1795 produced a different conception relative to the value of those lands. A knowledge of these subjects may be useful, and enable us to judge more correctly and more favorably on the motives of either legislature. The people of the state of Georgia as well as the legislature of the state for years previous to the passing of the act of '95 had set a low value upon their vacant lands, lands lying contiguous to the settlements to which the Indian title had been extinguished, lands lying this side of the Oconee. I am credibly informed, and if my information is incorrect, let the gentlemen from that state correct me; lands had been sold in 92-3-4 for a cent an acre, sold for a sum only contemplated to indemnify the state for the expence incidental to making titles. And as to the lands in question, their estimated value will be best known by adverting to their legislative acts; their legislature for years had been attempting to sell these lands; in 1787 a large portion of them was offered to the U. States for 171,423 dollars—and in 1799, about twenty-five millions of acres was actually sold for a little more than 200,000 dollars to two companies, one called the South Carolina, the other the Virginia Yazoo land company; and in this case the land was sold on a credit, and the terms of sale not well understood; the purchasers contended that payments could be made in paper bills; but the state insisted for specie; this not being complied with, the titles were not completed by the subsequent legislature. In 1795, the quantity of land was estimated at thirty millions of acres, the terms were cash, and the sum five hundred thousand dollars which was paid, and the titles executed, subject to many claims derived from Spain and Great Britain, and subject to the Indian title and to the claim of the U. States, as well
as the claim of Spain to a part of this territory, and also subject to the sale previously made by the state in '99 to the Virginia and South Carolina companies. It was under these circumstances and conflicting claims to the lands in question, that the legislature of '95 sold this land. Sir, I shall not justify the conduct of any member that composed this legislature, and I admit that all those members that were partners or took any consideration for their votes acted imprudently and probably corruptly. But it is possible that even Thomas Rayburn, who appears in the most unfavorable point of light, having taken as it is said, 600 dollars for his share of the land or for his vote (for there is no legal proof) might believe that the state was not defrauded; he might believe that 500,000 dollars that the company was giving for the claim of Georgia to the lands in question, was more than the claim was worth, the price for which unappropriated lands had been sold, the price the state had offered to take, and the price for which Georgia had previously sold it for, authorised this belief, and that this was his belief, may be inferred from his taking 600 dollars for 75,000 acres being 1-4 cent less per acre than the state sold it for; for it seems admitted that he had his choice to retain his share or receive the money; his choosing a less sum than the public sold it for, is an evidence of the value he set upon it, and a confirmation that he thought the land well sold. But even admitting that Rayburn with many others, acted from impure and corrupt motives, does it follow that the state has been defrauded to so high a degree as to justify a resort to revolutionary measures. Did the peace and welfare of the state render the proceedings of the legislature of '96 indispensable—what was the property disposed of? was it a country which was needed for the cultivation of her citizens? No, sir, Georgia had independent of this more vacant lands than fell to her share or that she could cultivate for generations to come. It was a tract of country, remote from the citizens, claimed as I have before stated, by Spain, by the U. States, and possessed by powerful nations of Indians, over which Georgia had no control. It was of no use to Georgia only as an estate for sale, and she had nothing to sell but a mere nominal title derived from a dubious construction of her original charter, and for this Georgia received, when in great need of money 500,000 dollars, a much greater sum than it had been previously proposed for or expected to bring. We have now seen the causes that produced this sale under the act of '95; let us examine what probably produced the act of '96—the deprecated act passed Jan. '95, in the same year an office was opened for the sale of the public lands of the U. States, these lands were to be sold for two dollars per acre, and as much more as they would bring. The vast disproportion in the price of these lands, and the price for which the legislature of '95 of the state of Georgia had sold their lands, could not well be accounted for by the people of Georgia other than fraud. Fraud was suggested, a single suggestion in a case of this kind is sufficient. Nothing is so disgusting as for our agents, especially in a legislative capacity, to sacrifice from mercenary motives, our interests, and be guilty of a breach of trust. Suspicion will now be admitted as full proof; the torrent went on, the belief became general, that by fraud the legislature of '95 had bartered off in the most fraudulent manner millions of acres of the realized property of the state. Under this ideal impression, occasioned in a great degree by the causes I have just mentioned, the people of Georgia were misled, and under this impulse the legislature of '96 proceeded, and the honest zeal continued until the subsequent conviction. The people of Georgia were not alone misled by the price of the public lands—it inspired an opinion in the minds of the best informed throughout the Union, that fortunes could instantly be made in purchasing lands from the state for a few cents per acre, and then disposing of them much under the public price. Companies engaged: the land laws of South-Carolina were peculiarly favorable—the adventurers had a year's credit for the payment of the purchase money, which was about 5 cents per acre, and notwithstanding the enthusiasm, the legislature did not alter the terms, nor raise the price. Under these fair appearances, many companies formed, who were stiled land speculators throughout the Union, and the consequence was a general failure, a general bankruptcy. One company I was well acquainted with, being in my district, in the county of Wilkes, embarked under the fairest prospects, they were generally men of reputation, influence and wealth; they entered some millions of acres, but after having spent much time and money they were unable to realise their expectations, and found it advisable to apply to the general assembly to have leave to surrender their lands as an indemnity for the state demands against them in the Entry-taker's books, and this was granted as a matter of special favor. I
have mentioned these circumstances to shew what it was that made the act of Georgia of '95 so obnoxious to the people of that state, and I am strongly induced to believe that had it not been for the price the general government set upon her lands in '95, we should have heard but little concerning the corruption of the legislature of the state of Georgia in 1795, nor ever have heard of the rescinding act of '96, nor should we ever have been called upon to sanction an act produced from an overheated zeal arising from a combination of circumstances as above stated, to sanction an act that would establish a precedent of a most dangerous nature. Sir, if the doctrine was once recognized, that a subsequent could examine the motives of an antecedent legislature, there would be no security for the rights of persons or the rights of property. I do not pretend to say, that there is no case that would not justify a recurrence to revolutionary measures; all that I contend for is that this is not a case of that kind; the manner of the sale and the property sold were not so materially connected with the interest of the state as to require a revolution, and I have endeavoured to account for the sale of '95, and the unprecedented and extraordinary act of '96 from other causes than attributing universal depravity in the one, and absolute tyranny in the other legislature. There might be other causes in addition to those I have mentioned that led to and produced those measures which I shall not notice. But it was declared by the legislature of Georgia of '96, that the legislature of '95 had no constitutional power to dispose of those lands, and the same doctrine seems to be advocated by gentlemen on this occasion. It is true that there is no specific power given by the constitution of Georgia to their legislature, enabling them to make a sale of these lands, nor is there such specification of power in any of the state constitutions, nor in the constitution of the general government, yet all the states as well as the general government have been in the constant exercise of this power. The state of Georgia had previously exercised it, indeed this power is incidental to the legislative authority of every free government. I therefore consider all objections on the ground of the legislature of Georgia not having a constitutional authority to dispose of the lands in question of little validity. And I know of no legitimate power that has a right to examine into the motives of the legislative authority of a country, their motives are only to be known by their public acts, and the meaning of those acts so far as they relate to property acquired under them, are not to be expounded by a subsequent legislature, but by the judicial authority of the country. Thus, sir, I have shewn the original value of the land in the state of Georgia, anterior to the act of '95, and have demonstrated that the sale under that act was for a much higher price than had been previously asked by the state for those lands, and have endeavored to account for the change of opinion as to the value of lands generally, and the causes that produced so great fermentation and disgust in the people, that the injury was more ideal than real, that the state of Georgia had nothing but a nominal title to the lands in question, and that by the constitution she had a right to dispose of this nominal title in the manner it was disposed of, and that no subsequent legislature had a right to judge of the motives of an antecedent legislature, or to impair the rights assumed under a legislative act. I have admitted that there might be a possible case that might justify a recourse to revolutionary measures. But I have shewn that the interest of the state did not require it in the present case. And although it may be possible that neither the original grantees nor the sub-purchasers could have any legal remedy in or by the laws of the state of Georgia by the act of '96, judicial remedy seems to be forbidden. Yet, sir, in a court possessed of ample judicial power, I have no doubt but that an equitable and just remedy would be obtained, if not to the original grantees, to all innocent purchasers at least, and here let me observe that it seems to be admitted by gentlemen that innocent purchasers are entitled to an equitable consideration; but they have endeavored to prove that there is none of this description, and that all the petitioners had notice of the original fraud. To prove this notice two cases are relied on.—Two gentlemen (Messrs. Clark and Randolph) from Virginia contend, that the President's message to Congress on the 17th February, 1795, is full proof of a notice of fraud. Sir, I consider this communication in a very different point of view. In this message the President states, that Georgia had passed an act for the disposal of some of their back lands; this communication was evidently intended to excite Congress to adopt measures to induce the state of Georgia to cede to the United States a part of her territory; it is an admission of title in the state, and consequently an admission of a right to sell, so far as this goes (and it is of high authority) it is to my mind a notice of a good title in Georgia, and an induce-
ment to purchase. At all events it could not by any possibility be construed into a notice of fraud, either in the legislature or the patentees of the state of Georgia. The other ground of notice is relied on by a gentleman from Pennsylvania, (Mr. Gregg,) this honorable member states that the deeds obtained from the original patentees are to his mind an evidence and notice of fraud, for that these deeds only convey and guarantee against the state of Georgia. These deeds, like others to lands similarly circumstanced were not a general but a special warranty; the patentees would have involved themselves extremely had they given any other kind of deed. The lands in question were known to be subject to sundry claims, and actually encumbered with the Indian title. I was a patentee for a grant of 5000 acres of land derived from an entry made at Hillsboro being the great office in N. Carolina for her western lands, now within the state of Tennessee; soon after I obtained this grant I sold the land, and from an apprehension that by some arrangement this tract might be subject to the Indian title, I had a similar limitation or provision in the deed. A deed of this kind is evidence of an encumbered estate, but can be no evidence of a fraudulent title—the same gentleman is apprehensive that the sole object of the memorialists is to procure a legislative proposition for the purpose of giving it in evidence in a judicial trial that is intended to be instituted for the recovery of their whole demand of fifty millions of acres. Had the gentleman paid a little more attention to this point he would have dismissed his fears, it being a settled principle that any propositions that are made for the settling disputes or to avoid a law suit cannot be admitted as evidence to substantiate a disputed or invalid title. A gentleman up early in this debate, (Mr. Lucas) denounced the policy of granting large tracts or monopolies. With whatever force his arguments would have applied had he been in the Georgia legislature of 1795, when these monopolies were granted, they most certainly can have no application here; the question here is not for granting a monopoly of fifty millions of acres, it is the reverse, it is the destroying a monopoly by frittering down fifty to less than five millions of acres. And in this lies the policy. It is policy in the general government to quiet the claimants that possess titles to so vast a tract of country; it is policy to avoid if possible, a judicial decision on this question by a compromise; and it is also justice to do so; the measures that have been adopted by Georgia as well as by the general government demand this justice at our hands; an examination of the course that has been taken will demonstrate that we have given them ground to expect an equitable compensation for their claims. The state of Georgia has relaxed from their rigorous act of 1796. In their convention with the United States they have set apart the residue of five millions of acres for the purpose of quieting all claims derived from any act or pretended act of the state of Georgia. Can any gentleman say that these claims were not included? The state of Georgia by their legislature ratified this provision; Congress by their act did the same thing; they did more, they appointed three commissioners to receive propositions of compromise, and further directed all claimants to record the evidence of their claims within a fixed and limited period, and this has been done at the expence of the claimants; and can we now without a dereliction of principle, retract and say that no compromise shall be? Would this be a conduct consistent with justice or policy? So far as I am able to comprehend it, I think it would not. I think we should proceed and put an end to this business and at all events grant some indemnification to innocent purchasers. The gentleman from Virg. (Mr. Clark) has admitted that innocent purchasers should be indemnified, and were they to apply individually he would make them compensation, and the cases cited from Powell on contracts recognises the principle, that fraudulent contracts are valid as to the originals in fraud, but are voidable in favor of innocent persons. But the cases read only apply to individual contracts, and never can be supposed to extend to a fraud supposed to be committed by a legislature; it is believed that no precedent can be found under the sun in which the judiciary can purge a fraud supposed to be committed by a sovereign legislative body. Under these considerations I think that it would be more consistent with justice and sound policy to go on and not disappoint a reasonable expectation that our public acts have justly excited in the memorialists, and prevent the danger of a judicial decision on the validity of their titles by the compromise proposed by the report of the committee of claims. Let us constitute a board of commissioners to make the enquiry, and if there are but three innocent sufferers who became such by placing such a faith upon the records of the state of Georgia, as by the constitution and laws of the United States they were bound to do, these three persons agreeably to a correct opinion given by the chairman of the committee of claims who made this report, are entitled to indemnification.
Thus, Mr. Speaker, I have in as concise and intelligible a manner as I have been able, given to the House some of the reasons that will influence me on this occasion, and I entertain a hope that if they are not satisfactory to gentlemen who think differently, that at least I shall be rescued in the mind of those gentlemen who have supposed that many of those who are in favor of this measure are under the influence of speculators, or men in office; but if I am so unfortunate as to be suspected by any as acting under this influence, I have the consolation to know that the suspicion is the production of a heart susceptible of this kind of influence and not attached to me. I shall however in the meantime vote for the resolution, holding myself at liberty to vote for or against the bill as I shall approve or disapprove of its details.
MR. DAWSON.—MR. Speaker, I am among those who have never considered this as a very important question, at least not so much so as some gentlemen wish to represent it. I believe that neither the peace or safety of the United States, or the cause of republicanism depend on the adoption or rejection of that resolution, or of its proposed substitute. I believe they rest on a better foundation—the virtue and good sense of the American people. I do also believe, that if there ever was a question which could be considered as not a party one, this is that question; notwithstanding the efforts of gentlemen to make it so—some local considerations may attach themselves to it; for the truth is, that the knowing ones of the East have been taken in by some corrupt ones from the South; and thus far it may be said to possess locality. The case is, that some years ago the government of the United States purchased from our sister state of Georgia, then sovereign and independent, her right to certain lands claimed by her, and lying within her limits. A convention was formed between the United States and the State of Georgia.
By that convention, five millions of acres of the said land were set apart to satisfy just claims, derived either from the state of Georgia itself, or from the power having a right to sell, previous to her becoming a state.
To ascertain which of the claims were just, and ought to be admitted agreeably to the intention of the contracting parties, and the spirit of the convention, the President of the United States was authorised to appoint commissioners: By virtue of this power an appointment was made. Three persons were selected, pre-eminent for their virtues and their talents. The Secretary of State, the Secretary of the Treasury, and the Attorney General of the United States; men, not only pre-eminent for their virtues and their talents, but holding the highest responsible offices under the government. Men, not only fitted for the appointment by these considerations, but from one other; they were the very persons who formed the convention with the state of Georgia, and must be supposed to know the intention of the contracting parties, and the spirit of the instrument.
These gentlemen, after much investigation, submitted to us the result of their labors, accompanied by an opinion, that justice and the interest of the United States, required that some compensation should be made to the persons, who are now the immediate applicants. This report was not acted upon during the last session, and the petitioners now pray that we will either confirm that report; that we will permit them to go into a court to support their claim, according to law, or that we will establish a tribunal ourselves, to determine on it, according to justice. The committee of claims has recommended the latter. To their proposition an amendment has been offered, (and which in my judgment, according to order, is the only subject now under consideration) which goes not only to a rejection of the report of the commissioners; not only to a rejection of the claim of the applicants, but to a denial to them to go either into a court of law, or before a tribunal of justice, to support their claims either at law, or according to justice. And to this amendment I am most decidedly opposed, whatever my vote may be on the resolution, or rather upon the bill which shall grow out of that resolution. That, sir, will depend on the provisions of the bill; my object is justice, agreeably to the intention of the contracting parties. If a bill can be formed which shall give relief to innocent and distressed purchasers, if any such there are, it shall have my hearty support; if it shall cover fraud, or encourage speculation, it shall receive my negative. Mr. Speaker, I have not been induced to make this avowal of my sentiments, and of the line of conduct which I mean to pursue, in consequence of any of the extraordinary observations which I have heard during this tedious debate, more extraordinary indeed than any which I ever heard, even during the height of federal intemperance! I was grieved to hear them, Sir! during this discussion—this hall, into which it is presumed that no

one comes, "whose hands are not clean, and whose heart pure," has been filled with the sounds of suspicion, insinuation, bribery, corruption, treason, robbery, and that long catalogue of black crimes, the recollection of which fills the mind with horror, and the mention of which ought to palsy the innocent tongue. A stranger coming within our walls, would indeed suppose that he had entered a den of robbers, and not into the sanctuary of the representatives of a free and virtuous people!
From whence, I pray you, sir, has this arisen? Do gentlemen believe, that personal insinuations, acrimonious sayings, and inflated declamation give force to an argument, dignity to a proceeding, or influence a decision? They may sometimes wound the feelings of an individual; but generally give ease or pleasure to those only who utter them.
With me they pass by the idle wind which I respect not; or, if they have any influence, it is to confirm me in my opinion, by lessening those who resort to them for lack of argument, by lessening the regret which I feel for separating from these with whom, in general, it is my pleasure to act.
Armed, sir, with the convictions of my own mind; unshielded, during my life, by others, and unconnected during that time in speculation, even to the amount of one scus, and believing that not a friend, not a connexion, not a constituent which I have are interested in the rejection or adoption of this report; or, Mr. Speaker, of any of the other claims, I am left free to pursue that course which I deem for the public good; and, for one, at least, of the opponents to the amendment, I am as willing to submit my public conduct, and my political principles to any tribunal, and as ready to support them either here, there or elsewhere, as any of its advocates.
True republicanism, in my judgment, consists in moderation, in humanity, in justice and in honor. Humanity and justice command the rejection of that amendment; the interest and honor of our country support the order, and I trust, with confidence, that a large majority of this House will obey the sacred mandate!
I repeat, that my object is to protect innocence, and to punish vice. If a bill can be formed to afford relief to innocent and distressed purchasers, it shall have my hearty support; if it goes to the protection or encouragement of vice or speculation, I shall be found in the foremost rank in opposition.
I am willing to make the experiment. (TO BE CONTINUED.)
FROM THE ENQUIRER. VINDICATION OF MR. JEFFERSON. No. I. Nulli Otho, Vitellius Galba beneficio; nec imperiis cogniti. TACITUS.
It is one of the consequences attendant upon greatness, that it multiplies the number of critics and of enemies. Was it to have been expected, therefore, that Mr. Jefferson would have escaped the rage and rancor of opposition?
When these attacks were levelled against him, what was the sacred duty imposed upon himself and his supporters? Was it to have imitated the policy of his opponents, when they formerly held the administration in their hands? To have awed them into silence by the same legal terrors which they had in vain brandished over the heads of the republicans? Or was it not to have shielded his feelings behind the Aegis of truth; and to have sacrificed any little resentment which he might have experienced, to the inviolable duty of respecting the rights of the press?
By adopting this plan of defence, Mr. Jefferson, has entitled himself to the gratitude of his country. He has exhibited an example of moderation by which his successors may profit. He has shown to the Kings & the Emperors of Europe, how much better it is to trust an honest officer's vindication to the zeal of his friends than to the terrors of the law.
Among the various charges which have been urged against Mr. Jefferson, the most important are those which relate to his conduct during our revolution. From these insinuations it has been inferred that Mr. J. has neither the spirit or the talents to conduct the administration of our government. The man who was unable to discharge the duties of a governor of Virginia, is declared unfit to be President of the union.
These charges against Mr. J. were commenced in 1796, by Charles Symmes, of Alexandria, an act, which tho' it merited the honest indignation of his country, was enough to make him an object of Presidential bounty. It was on this syphilitic statesman that Mr. Adams in the plenitude of his folly, bestowed the most lucrative office in the State of Virginia, which he even now holds through the magnanimity of the man, whom he had so ignominiously traduced. Like the celebrated monarch of France, Mr. J. declines to avenge the injuries "of the Prince of Orleans."
From Mr. Symmes, who was rewarded with the collectorship of Alexandria, the ignominious tale was handed down to William Smith of South Carolina, by whom it was reported, with additional colouring, in his pamphlet of Inuendo . It was in this celebrated production, de-
signed to influence the election in South Carolina, and addressing itself to the peculiar feelings of the people that Mr. Smith pretends to quote a passage in the letter of Mr. Jefferson, to Bannaker, the Black Astronomer. Were signal services, like those, to be treated with ingratitude? Surely not. This furbisher of refuted falsehoods; this shameless fabricator of extracts of letters; was soon tricked out in the artificial honors of minister to the sublime porte.
Meantime did the friends of Mr. Jefferson remain inactive? No. They ransacked the records of Rate : They appealed to the memory of contemporary witnesses. They collected a body of argument, which not only refuted, but turned into ridicule the unfounded accusations of his opponents. Above all; the able Editor of the Examiner , to whom the warmest gratitude of every republican is due, distinguished himself by his acuteness and zeal. These misrepresentations appeared to have been completely refuted, and every friend of truth began to hope that the tomb of oblivion had closed upon them for ever.
Vain, however, was that hope! The federal party unable to make any thing out in the public administration of Mr. J. which they could turn to his disadvantage, have once more descended to these oblivious tales. But no! let me not be unjust to the federal party. Let me not involve them all in one indiscriminate censure. We know that there are many of them who have disapproved of the repetition of these tales. We know that there are some, who have really believed them, because they have not yet "heard both sides of the question." In the northern states particularly, we believe that this latter class is not inconsiderable. Was it then to be supposed that it would be a man from the south, from Virginia, that should once more renew these attacks? Yet such is the fact. Thomas Turner of Virginia has become the champion of Christendom.
Extract from Mr. Turner's letter to his correspondent in Boston.
"At the time Petersburg was occupied by the British troops, under the command of Generals Philips and Arnold, Mr. Jefferson, who was then Governor of the state, did participate in the partial consternation excited by the situation of the British army, and did abandon the seat of Government, at a period, and with an awkward precipitation, indicative of timidity, unwarranted by any immediate movement of the enemy, and forbidden by a regard to those duties, which belong to the station he held. This fact is well recollected and can be proved by many of the oldest and most respectable inhabitants of the city of Richmond, and I believe would not be denied by the candid supporters of Mr. Jefferson himself."
"The sequel of his conduct, after the Assembly returned to Charlottesville, and on the approach of Colonel Tarleton to that place, stands attested by thousands of witnesses, and can never be forgotten by those of his countrymen, who respect the character of a firm and virtuous public officer, and who abhor that of a dastardly traitor to the trust reposed in him. His retreat or rather his flight from Monticello, on the information that Tarleton had penetrated the country, and was advancing to Charlottesville, was effected with such hurried abruptness, as to produce a fall from his horse, and a dislocation of the shoulder. In this situation he proceeded about sixty miles south, to the county of Bedford, whence he forwarded his resignation to the Assembly, (who had in the mean time, removed to Staunton, and who thereupon elected General Nelson, Governor. These circumstances are substantially, and literally true; nay, the abdication of the government must be a matter of record."
Yes; fortunately they are matter of record, and shall be duly exhibited. And if we do not prove that there is not an iota of truth in these accusations, we consent to abide by the severity of the Egyptian law, which inflicts the same punishment upon the unjust accuser, which would have been served upon the accused, had he been found guilty. Will Mr. Turner submit to the same alternative?
That we may preserve some degree of order in the discussion which we are about to undertake, we shall trace the conduct of Mr. Jefferson at three distinct periods.
1. During the first invasion of the English. 2. During the second. 3. During their incursions into the upper country.
Though Mr. Turner has not touched upon the first period at all, we cannot but think it worthy of some enquiry: 1st. because we shall be able to refute many misrepresentations which have been already circulated about it, and 2d. because we may be able to contribute a few valuable materials towards writing the history of that period.
FIRST INVASION. On the 31st of December, 1780, the Governor received the first intelligence that 27 sail of ships had entered the Chesapeake Bay; and were in the morning of the 29th, just below Willoughby's Point, (the southern Cape of James River:) their destination being unknown.
On the 2d of January, 1781, information was received, that they had entered James River, their advance being at Warrasqueak Bay. Orders were then issued for calling in the militia; one fourth from some counties, and one half from others; which orders were conveyed to their respective counties by the members of the legislature which rose on that day. The Governor at the same time directed that the records of state should be removed into the country, and the military stores should be transported from Richmond to Westham, 7 miles above on the river, from whence they were to be conveyed across the river.
On the 3d, the enemy were reported to be a short distance below Williamsburg in a situation convenient for landing, should Williamsburg have been their object.
On the 4th, information was received that they had passed Cannon's and Wood's the evening before with a strong easterly wind, which clearly pointed out that either Petersburg or Richmond was their point of destination. The whole militia was then called in from the adjacent counties.
On the 5th, it was stated that the enemy had landed and were drawn up at Wellover, on the north side of the river and 25 miles below Richmond. - Richmond of course being their place of destination, orders were given to waggon no more of the military stores to Westham, but to throw them directly across the river. Having attended to this operation until an hour and an half in the night, the Governor rode up to the foundery, one mile below Westham; ordered Captains Bush and Irish and Mr. D. Hylton to continue waggoning to Westham, the arms and stores which were still at the foundery, with the view of conveying them across the river; proceeded from thence to Westham, for the purpose of accelerating the transportation of such stores as had already arrived; and from thence repaired to Tuckahoe, 8 miles above and on the same side of the river, where he arrived after midnight.
On the 6th, after sending his family to a place of safety, the Governor repaired to Britton's, on the south side of the river opposite to Westham, where finding the arms and stores thrown together in a heap near the shore, and exposed to the cannon of the enemy on the opposite side of the river, he had them removed under cover of an adjacent point of land. From thence he proceeded to Manchester, opposite to Richmond, where he found the enemy had already arrived at 1 P. M. Seeing that the arms were secured, he repaired to Cheetwood's to have an interview with Baron Steuben, who had appointed that place as a rendezvous and head quarters. Not finding him there, and understanding that the Baron had intended to be at Col. Flemming's 6 miles above Britton's, he proceeded to that place. In the mean time a detachment of the enemy had arrived at Westham, from which place they sent a deputation to the Governor at Col. F's, with terms of ransom for Richmond. These were rejected with the indignation which they deserved. The late Mr. Buchanan of Richmond was one of the deputation.
On the 7th, the Governor returned to Britton's, with the view of more effectually securing the books, papers &c. The enemy having burnt some stores and houses delayed Richmond after a residence of 24 hours, and encamped at Four Mile Creek, 8 or 10 miles below it.
On the 8th, the Governor having reviewed the state of the arms of Britton's, repaired to Manchester, where he lodged that night.
Early in the morning of the 9th, he crossed over to Richmond and once more fixed his residence in the capital. In the mean time the enemy were detained at Wellover by an Easterly wind.
On the 13th, they effected their retreat down the river.
During all these transactions, the American forces were scattered in different detachments, and amounted to no more than 2,300 men; 300 militia, under Col. John Nicholas at the forest 6 miles off from Wellover; 200 under general Nelson at Charles City Court House, 8 miles below; 1000 under Col. Gibson and 800 under Baron Steuben, on the South side of the river.
Through the whole of this increasing period, we have minutely specified time and place. For we wish any man, who can discover the slightest remissness in these movements, to lay his finger upon the point and say when and where it was.
We shall not, in proving the truth of the foregoing details, imitate the covert policy of Mr. Turner. We shall not content ourselves as he has done with appealing to the authority of a thousand nameless witnesses: But we shall bring them directly before the public; we shall put it into the power of any man to decide, whether the names and characters of such men are not sufficient to protect them from the suspicion of interested motives.
If these statements do not convince even Mr. Turner himself that he has miserably misunderstood the conduct of Mr. J. during the revolution; and if they do not compel him to come forward, and by ingeniously confessing his mistakes, to offer the only reparation which it is yet in his power to bestow; the discernment and the candour of Mr. Turner will become not less proverbial with us than the sagacity of a Pickering or the virtues of a Hamilton.
FOREIGN. On the subject of the annexation of Genoa, to the French Empire, the London Courier makes the following comment:
"This last encroachment of Bonaparte, the seizure of Genoa, has entirely changed the face of affairs. At the very moment he is announcing to Europe that Russia is going to send a negotiator to re-establish peace, at that moment he is committing an act of aggravation and of war; for knowing that any negotiation with Russia must be upon the basis of rendering the situation of the continent more secure, could any thing prove more decisively his determination to render such a negotiation unavailing, than the commission of an act which tends to make the situation of Europe more insecure? It is impossible he can think for a moment, that Russia or any other power, would be duped by the flimsy veil he had thrown over the transaction, or that any man will believe the Decree of the Genoese Senate for incorporating their country with France to have been a spontaneous one."
"In this act, too, of the incorporation of Genoa, Bonaparte has shewn what little reliance is to be placed upon his solemn assurance, and his boast of moderation."
"I have no farther wish to extend the territories of France, I am only desirous of maintaining their integrity. No states shall be incorporated with the Empire, but I will not sacrifice my rights, or the ties which attach me to the states I have created." - Bonaparte's speech to the legislature on the 27th Dec.
The circumstances therefore which might have impelled Russia to send M. Novozelzow to France are so changed, that we cannot conceive she can now negotiate with the least regard to her dignity or to her honor. The seizure of Genoa seems to have removed and destroyed one of the principles upon which our negotiations with Russia have been conducted; the principle of joint peace. But we direct our attention with more anxiety to the conduct which Austria will think it necessary to adopt. She must give the tone and set the example. Upon her, in a great measure, depends the question whether the war shall extend to the continent or not. So far as we have any means of forming an opinion, we think she will decide it in the affirmative. She cannot tamely submit to the seizure of Genoa. She cannot bear with patience the ridiculous reason given by the Genoese Senate, that their resources will always be directed against England, but never against the powers of the continent! What is to prevent them? If they are to be incorporated with France, will not Bonaparte make them, whenever he thinks fit, furnish soldiers for his army, as well as the rest of his dominions? But we blockaded Genoa, and therefore it was necessary to unite her to France! Is that Bonaparte's policy? Upon that principle he may seize Spain, he may seize Tuscany, he may seize Holland, and unite them to France, for we have blockaded the ports of all of those powers. But Austria will not be duped by the frivolous reasons assigned for the act, she will see it in its native nakedness, as another proof of inordinate ambition, and of a determination to seize and secure by degrees all Italy. But Austria is not strong enough, according to Mr. Fox, to contend with France, and he will of course argue that this recent transaction has made her less able.
Upon this principle every fresh aggression of France ought to make Austria more quiet and pacific, until at last encompassed and hemmed in on every side, she will indeed be unable to oppose any resistance, and will be forced like the Genoese Senate, to decree that not being able to protect her ships from the Barbary corsairs, and being so near the French empire, it will be most for her advantage to incorporate herself with France. This will be the fate of Austria, if she tamely submits to those encroachments. The next act will be the seizure of Tuscany. Eugene Beauharnais has been raised to the viceroyalty of Italy, with a view to his marrying the queen of Etruria. Etruria will then be immersed in the kingdom of Italy; - the papal states, and the Neapolitan, will undergo the same fate; and lastly Venice. Mr. Fox will then indeed be right, for Austria will then be wholly unable to oppose any resistance. But she is not yet reduced to that state of passiveness and submission. Undoubtedly she must wish that she had more time to recover from the effects of the
last war. She might prefer taking up arms a year or two hence, but she has no alternative; she cannot now as in former periods, select her own time for going to war. The necessity of crawling the sword immediately, is imposed upon her, and is irresistible - she has only to choose between doing it now, or never being able to do it at all.
"The last accounts from Vienna justify us in believing that Austria will not quietly submit to these encroachments. Long before the seizure of Genoa, she had begun to make preparations, and that event will hardly induce her to desist from them."
[June 27, 1805.]
PARIS, JUNE 30, 1805. Freemasonry, under the auspices of the Imperial Family, has revived in all parts of the empire. Lodges have been re-opened in the most brilliant style; the ancient landmarks have been recovered; and the initiates are very numerous. A grand lodge has been opened in this city; of which the following brethren have been elected officers, viz. His Imperial highness prince Joseph, grand master. His Imperial highness prince Louis, deputy grand master. Field marshal Messina, grand administrator. Senator de Choiseul Praslin, grand lecturer. His Imperial highness prince Murat, senior grand warden. M. De la Cepede, (grand chancellor of the legion of honor) junior grand Warden. De Lalande, (member of the National Institute) grand orator. Senator de Jancourt, grand secretary. Rear admiral Magonde Medine, grand treasurer. Gen. Bournonville, senior grand deacon. Gen. Macdonald, jun. grand deacon. Gen. Sebastiani, grand seal keeper. Senator De Luyme, grand architect. M. Daranteau, member of the Legislative Body, grand marshal. M. Girardin, member of the Tribune, deputy grand marshal. Field-marshal Augereau, grand hospitaller. Marshal Le Fevre, grand almoner, (or chaplain.)
FOR THE NATIONAL INTELLIGENCER.
"A little learning is a dangerous thing." "Drink deep or taste not the Pierian Spring."
Pope.
MR. SMITH, It was only yesterday that by accident, I received your paper of the second instant. The essay of Tyro Phobus, soon attracted my notice. His desire of "calling the attention of the people to a subject in which the preservation of their health and of their lives is so deeply involved" appeared to me very commendable. But from a little attention, I soon found that under this specious pretext, the gentleman, to gratify his vanity, obtruded upon the public, observations as incorrect, as calculated to pervert what he pretends to promote. No sooner did I perceive this, than I resolved to caution the too credulous by an exposition of his ignorance.
In reading the essay now before me, the succession of errors appears so rapid, that it reminds me of Mr. Pope's observation that "alps on alps arise." I shall not therefore think of entering into a minute detail of the errors; but will confine myself to some of the most conspicuous. The nature of the case will induce me to use names of technical terms occasionally; but this I shall do as seldom as possible, lest I be called a pedant, or a stern adherent to the 'systematic dulness' of the old schools.
Tyro Phobus, in "contemplating an accomplished physician" observes that the "pursuit of remedies carries him to the mineral and vegetable kingdoms, and he discovers the various combinations of which they are susceptible." I presume he would have his doctor to acquire also a knowledge of the properties of these combinations, otherwise the research would be of no avail. Now in my opinion "the book of nature has been open" long enough: physicians have collected in all conscience sufficient medicines, and a no inconsiderable work of the moderns, is the expunging many articles from the still too crowded Materia Medica . It appears much more proper to attain a correct knowledge of the articles of the shops, than to add to the confusion of the science by the confusion of the collections. But who would consent to fall a victim to the wild experiments of those, whose pride prevents their pursuing the course found to be proper by contemporaries?
The exclaiming against the fashions in the practice of medicine appears to have proceeded from an ignorance of the varying constitutions of our atmosphere. That the air is liable to great changes, which continue for certain periods, is clearly shown by the appearance and re-appearance of plagues and other infectious disorders in Europe and other countries. Hence the fashion in the treatment of diseases for particular periods, is not only no subject for satire or complaint, but claims the respect and gratitude of mankind.
Had Tyro Phobus read a little more he would have discovered that the moderns have not attended to "too much to the nervous system," but have actually neglected it - and referred all disease to fibrous motion.
The encomium on antimonial emetics, founded upon experience and theory , is truly laughable. To those who are not informed I will only state - that the use of antimonials is laid aside in a great measure, in consequence of discovering that the spasm for which they were given formerly is found not to exist - that they create a vomiting, distressing and difficult to remove in young

countries—that they cause a rupture of the stomach as related by Dr. Rutherford, and that they create cramp in the stomach, and apoplexy. That these are their effects has been ascertained by long experience. His idea of the greater strength of the stomach than intestines deserves no refutation. Every one almost has heard of recoveries after the destruction of parts of the bowels—but neither physician nor plebeian ever heard of a recovery after the slightest wound of the stomach. As to the objection to cathartics, I will only ask which appears most natural, the retrograde motion of the upper part of the alimentary canal or the common motion of the lower part?
When the objection to blood letting was urged, it was in consequence of not knowing the power possessed by the absorbents, to convert fat and other secretions into blood. On this account large quantities of blood may be taken without detriment. However remaining on our author's principles it must appear better to let things pass through the bowels with jalap, &c. rather than toss them out by the stomach; as in the former instance, notwithstanding the speedy passage, a little might be saved for the formation of blood!
As to the observations on mercury, we are led to expect errors from the erroneous theory concerning its mode of operation. The moderns have completely proven that it acts on the system not by the fluids but by the living animal fibre, creating in them an action stronger than the disease. This, however, has not led to an exclusion of all other remedies, as stated by Tyro Phobus. It will be found that the use of cold as recommended by Jackson and Maclean, of blood letting by Dr. Massey, the indiscriminate use of tonics by Clark and Robertson, and the use of purges by Mitchell, have been more highly extolled, than the use of mercury by Chisholm, or the lancet by our illustrious countryman, Dr. Rush. Tyro Phobus appears to have read but one book on medicine, and this was on blood and mercury. Like the woman mentioned by Lord Overy, these appear even before her eyes, and she thinks all others witness the same sad spectacle.
In attempting to deride the Philadelphia school, by ascribing the free use of mercury and the lancet to it, there is not only shown an unpardonable ignorance, but an injustice is done to the West-India practitioners. It is they who claim the honor of this important innovation. However it may be added, that at no university are the grand principles of medicine more judiciously taught than at Philadelphia. No greater proof can be urged than the growing reputation of the school, and it is already beyond the reach of any sciolist to tarnish its glory. Many are the respectable characters who have been there educated, and its reputation is built on a stronger basis than could be afforded by any use of mercury or the lancet.
Nothing but ignorance can justify the statement given of the effects of mercury. Such is its power in malignant fevers, that Dr. Chisholm in the course of his extensive experience, never knew death to take place during a salivation. Hence as one of our immortal countrymen observes, "the greatest desiderata in the treatment of yellow fever is to know how to produce suddenly a salivation."
I am not, citizen editor, disposed to advise an indiscriminate and excessive use of mercury. I am well aware that it has been abused like all other good things. But shall we on this account condemn the medicine, and prejudice the minds of the vulgar against a remedy, which may be their chief reliance at particular periods? Shall its effects on a woman, preventing her from obtaining a husband by beauty, be compared with its restoring thousands of parents to helpless children during the prevalence of epidemics? Shall mercury be discontinued because it sometimes causes a caries of the teeth, or because it sometimes produces such determinations to the mouths of some people as to make them tell strange tales?
At least, I think a little more reading would be of no injury to Tyro Phobus, and all who, like him, pretend to condemn the practice of Physicians. Surely medical characters are not to be governed by the people, who at one time have credulity enough to believe in the specific power of every nostrum, and at another are so incredulous as to deny the superiority of inoculation, and at another to doubt the preventive power of the Cow pox!
But I am tired of the errors of Tyro Phobus, who, it may be mentioned (as a collateral incident) seems no tyro in error.
ANTI PHOBUS.
Runaway Negro.
WAS committed to the jail of Frederick county, as a runaway, on the 25th day of last June, a negro man who says his name is BEN JOHANSON, is about 30 years old; 6 feet 1 inch high, and has a scar above his left eye—His clothes are 1 check and 2 linen shirts; one red calimere and one striped jacket; one pair of blue, one pair of mackinaw, and one pair of osnaburg overalls; two pair of flockings, one brown cloth coat, two round about jackets with sleeves, and one fur hat. His owner is desired to release him, or he will be sold for his jail fees agreeably to law. GEORGE CREAGER, Sheriff of Frederick county. August 7—386
WASHINGTON CITY.
FRIDAY, AUGUST 30.
The illustrious MOREAU has at length reached our shores. May his virtues and his talents here receive the homage they merit! It might be a difficult, and would certainly be an unpleasant task, to investigate either the truth or the nature of the charges which have imposed upon him the necessity of abandoning his native country. It is, however, agreed on all hands, that this step is dictated by reasons of state, arising from circumstances which do not implicate his moral character, and which consequently do not render him in any respect less worthy of esteem. Without then entering into a discussion connected with this point, let it be our pride to receive this distinguished man in a stile suitable to his illustrious career; that, though deprived of the society of his old friends and countrymen, the associates in his glory, he may still find happiness in the tranquil scenes of a peaceful nation, and in the just tribute paid to his virtues.
By a list of the Post offices in the United States, just published, there appears to be fifteen hundred and seventy-seven offices. Nothing can be more characteristic of the policy of our government than the rapid extension of this department; by which so many channels of information are opened, and so many checks opposed to public imposition. It is unquestionably a sound principle that all the receipts of this department should go to its improvement and extension. Otherwise a tax is imposed upon an object which might even justify a bounty. Indeed it could not fail to afford much satisfaction to the people, were Congress permanently to appropriate the whole sum received by this department, from the postage of letters and newspapers, to facilitating and ameliorating its arrangements.
Major Kenan is elected a representative to Congress in the room of Mr. Gillespie, deceased.
Norfolk, August 23.
The U. States' frigate Adams, Capt. Murray, went to sea this morning.
Extract of a letter dated Montreal, August 3. "This moment the Quebec post is in with an account of the capture of the Newfoundland convoy."
NEW TRIAL.
The supreme court of this state last week granted a new trial in the famous cause of the people against Harry Crosswell, on an indictment for a libel, tried before the then chief justice (now governor) Lewis, in 1803. The motion for a new trial was founded on the act "concerning libels," passed at the last session of the legislature. This act is declaratory; and by declaring what the law was, as well as what it should be, operated as a reversal of the doctrine held by the late chief justice, and entitled Mr. Crosswell to a new trial. Lansingburg Gaz.
Married.—On Tuesday the 30th ult. in Charlotte county, (Virg.) Mr. PERIN ALDER, aged one hundred and five years, to Mrs. ANN TANKESLEY, aged ninety—she is his third wife, and he her third husband.
DEATHS.
At Charkof, in Russia, A. F. M. WILLICH, author of Lectures on Diet and Regimen; and of the Domestic Encyclopedia. This gentleman had been appointed to the professorship of medicine, and first government physician at the new University of Charkof, in the Ukraine, 1000 miles south of St. Petersburg. To this place he had removed with his family a very short period before his death.
At Madagascar, the celebrated botanist, ANDRE MICHAUX, author of the History of the Oaks of America.
At Versailles, aged 79, FRANCIS DEZOTEUX, formerly consulting surgeon of the camps and armies of the French king. He was one of the physicians to whom France was indebted for the introduction of the inoculation of the small pox. He was obliged to carry on accelerated process against the Parliament of Besancon, which had declared against inoculation. He lost his whole fortune in the revolution.
At Milan, the ABBATE FONTANA, one of the most celebrated naturalists of Europe.
At Manchester, THOMAS PERCIVAL, M. D. &c. a gentleman well known by his numerous medical and philosophical writings.
NORTH-WEST COAST OF AMERICA.
J. B. Cordis, Esq. of Bladensburgh, has added something to the information we lately gave concerning discoveries and settlements on the western coast of North America. He was an officer on board the same vessel with capt. Ken-
drick. On the arrival of capt. Metcalfe at Washington Island, Mr. Cordis engaged with him as his second officer, and pilot for the coast. This was the first port visited by capt. Metcalfe. Mr. C's journals, during the time of his being in the Eleonora until his arrival in China, are now in the state of Massachusetts. Capt. Metcalfe was cut off on his second visit to Washington Island, in attempting to tow his vessel into Barrell's Inlet, and all the people, excepting one, were massacred. The tract of land purchased by Capt. Kendrick, as mentioned in Capt. Crowninshield's correct and intelligent statement to Dr. Mitchell, was at Nootka Sound, and his grantors were CALLICUM and MARQUINNA, two noted chiefs, though both are since dead. Mr. Cordis says, the Russians were on the coast as early as 1788, as far south as Cook's river, where they had erected several huts. Speaking of Columbia river, he thinks the name was given by Capt. Gray, of the Mary Washington, at the very time he was on the coast with Capt. Kendrick, in the ship Columbia.
N. York paper.
New-York, Aug. 24.
By the last British Packet, an official communication respecting quarantine regulations, has been received at the Danish consulate in this city. The 2d article of an ordinance issued by his Danish majesty, dated 15th May, 1805, is now published for the regulation of whom it may concern:
"Our consuls and vice consuls in the U. States being authorised to grant, on request, such certificates to American or other vessels destined for our ports or the Baltic; no vessels whatever coming from a port where the tenor of this ordinance shall have been made known, will be admitted into the ports of our kingdoms and possessions, even on producing clean bills of health, should they have neglected to provide themselves with a certificate from our consuls or vice consuls, which certify, that the place from whence they sailed was entirely free from any suspicion of contagious or epidemic sickness."
In order to obtain the certificate above mentioned, it will be necessary to produce at the consular office, the ship's rolls, list of passengers, (if any) and that the certificate may be filled up agreeable to his majesty's ordinance. Danish Consulate Office, New-York, Aug. 23, 1805.
Charleston, August 7.
M. Lussac, in his late Ærostati voyage, when at the height of 21,48 feet, filled a glass vessel with the air of that elevation, and another 300 feet higher; and on his return to Paris this air was carefully analysed, and proved to be identically the same with the air obtained in the court yard of the Polytechnic school. The experiments of Messrs. Cavendish, Macarty, Berthollet and Davy, had previously established, that the composition of the atmosphere is the same all over the surface of the earth; and M. Lussac, supported by the experiments of Messrs. Saussure on the Col du Geant, and on the summit of Mont Blanc, has now proved that the atmosphere is the same at the greatest height to which we can ascend as on the surface of the earth. Lond. pap.
FROM THE RUTLAND HERALD.
Extraordinary SNAKE in Lake Ontario.
Extract of a letter from a young gentleman, residing near Black river, in the state of New-York, to his correspondent in Castleton, dated Watertown, June 30th, 1805.
"SIR, "Four men of respectability, belonging to this place, were returning from Kingston, last week, in a boat across Lake Ontario, who, when about half way home espied a distant object lying in the lake; which they supposed to be a boat with her bottom up. They immediately steered towards it, with a design to make a prize of her; when, with the swiftness of an arrow it darted towards them, and they discovered it to be a monster in the form of a SNAKE. They were dreadfully frightened, and pulled with all their might for the shore, which they soon gained, it being at no great distance. The monster closely pursued them, till gaining shoal water, he played backward and forward before them two hours. This afforded them leisure to recover from their surprise, to approach and survey it. It contracted itself in a spiral form, which they judged to be nearly 18 feet in diameter. From the center of the curl, the head projected across the folds, lying even with the circumference, almost as large as a hogshead; the eyes nearly the bigness of a pint basin; the mouth frightfully large, and the aspect terrible. The length, as it appeared above the water, they judged to be 150 feet. Its body appeared to be about the size of a barrel. After playing around, as stated above, he steered his course for a vessel which had left Kingston at the same time with themselves, bound to Niagara, and was out of sight in a moment."
"I have understood that the Indians have frequently seen the same. He once attempted to pick a man out of a schooner, who saved himself by jumping into the cabin. A number of boats have been lost in the lake, which many have been conjectured were destroyed by this monster. It is supposed to be
of the same kind with that which infested the seas of Norway, as it is not difficult for it, when young, to come up the river St. Lawrence."
However incredible the above account may appear, the frightened imaginations of these spectators have not represented this monster of a serpent to be of such an enormous size as the sea snake, which was shot by the master of a ship in the Norwegian seas, in 1756. The length of that, it will be recollected, was more than a hundred yards. The boat and ship-masters in those seas seem to dread being overset by this sea monster; and on that account provide themselves with quantities of Castor, as they are known to have a remarkable aversion to the smell of that drug. It is probable that many who cross the Ontario would be happy to obtain a substance equally efficacious, for their own security.
EDUCATION.
THE COLUMBIAN ACADEMY will be opened again on Monday next. Mr. WILLY Battersby informs that he will still continue to be favored with the patronage of his friends and the approbation of the public. He will in every exertion to promote the improvement of the youth committed to his care. Georgetown, Aug. 30—it
MACHINE FOR CLEANING CLOVER SEED.
The subscriber having obtained a patent for the said machine, which must be deemed a very valuable invention and now solicits the patronage of a generous public. The machine is so constructed that it may be made to go by water, which will clean from thirty to forty bushels per day; a permit for which may be had at the rate of 40 dollars. A permit for a horse mill may be had at the rate of 30 dollars, which will clean in the neatest manner from 10 to 18 bushels per day. Hand mills are made by the subscriber at the rate of 55 dollars which will clean from 4 to 7 bushels per day, which depends greatly upon the dryness or dampness of the air. Permits for hand mills may be had for 16 dollars. The subscriber also wishes to inform the public that he is a millwright by occupation, and persons wishing to have a machine constructed in their mills upon application to him will have their work done in the best and nicest manner; any such applications will be duly attended to and the public approbation gratefully acknowledged by the public's humble servant, MICHAEL ZORGER. York county, Penn. Aug 30.
The subscriber begs leave to inform his friends and the public generally, that he has moved from the Navy Yard to the Capitol Hill, in the hotel lately occupied by Mr. P. D. Steele, where he hopes to be favoured with a part of their patronage. It being a desirable situation, and the conveniences of the hotel excelled by none in the city. He therefore hopes to please those that call upon him in every instance. WILLIAM R. KING. August 30—tf.
FLOWER ROOTS.
THEO: HOLT has for sale at his Nursery Garden the following Flower Roots imported by him last spring, but came too late then to offer them for sale, consisting of, Double Yellow Hyacinths, Red do. Blue do. White do. Polyanthus Narcissus of sorts, Double Roman, do. Fine mixed Tulips, Large Double Jonquils, Crown Imperials, &c. &c. Washington city, Aug. 26—w6t
ALEXANDER MCCORMICK, Has received from New York by the schooner Enterprise, Capt. Ellis; 20 barrels Prime PORK which he offers for sale. August 23—3t
A Valuable Tract of Land FOR SALE,
LAYING on the main road leading from Charlottesville to Washington city, containing 268 acres; six miles from Cucumber Court House, Virginia, convenient to a number of fine merchant and saw mills. The situation pleasant and remarkably healthy, the land level, fertile and well adapted to the production of Indian corn, tobacco, wheat and other small grain, and is remarkably well watered, having the north fork of Cedar Run passing through the center of it, and sixteen bold and never failing springs on it; 140 acres of timothy meadow land on it, all of which may be put in good repair at a very small expence and a superabundance of large and lofty timber on it. The improvements are a dwelling house, three rooms on a floor, a good kitchen, a very large barn two stories high and other out houses sufficient, and which are strong and well built—2200 bearing fruit trees, principally apple trees, together with all kinds of seed and stone fruits. It is so situated as to admit of being divided into two convenient and profitable farms. I will sell it entire or divide it as may be found most convenient and give immediate possession—there is a good chance to feed a large crop of grain on it this fall. I will take negroes to the full amount of the above land or any part thereof for the accommodation of a purchaser; if the above land is not sold before the 20th of October, it will be sold on that day to the highest bidder; the sale to take place on the premises. MORTON PANNELL, Cucumber county, Virginia. August 21—w6t
FOR SALE.
A TWO STORY BRICK HOUSE & LOT in the city of Washington, situated on 8th street near the Centre Market square. There is a good dry cellar under the whole house; the Lot is 22 by 114 feet, and has a tolerable good fence round it. The terms will be very reasonable. Apply to the subscriber on the premises. JOHN BLOOR. Aug. 28—3t
SULLIVAN'S LECTURES, PROPOSALS.
By THOMAS B. WAIT & Co. FOR PRINTING, BY SUBSCRIPTION, AN HISTORICAL TREATISE
ON THE FEUDAL LAW,
AND THE CONSTITUTION AND LAWS OF ENGLAND;
With a Commentary on Magna Charta, and Illustrations of many of the English Statutes.
BY THE LATE FRANCIS STOUGHTON SULLIVAN, L. L. D. Royal Professor of Common Law in the University of Dublin.
To which authorities are added, and a Dictionary is prefixed, concerning the Laws and Government of England,
By GILBERT STUART, L. L. D.
THE Lectures of Professor Sullivan, delivered to the Students in the University of Dublin, are in very high repute among all Lawyers of eminence, and have been uniformly recommended as an elementary book to those young gentlemen who begin the study of Law with a view to render themselves respectable in the profession.
However obsolete the feudal policy may now seem to be, it having gradually disappeared as mankind grew more civilized and became better acquainted with their natural and inalienable rights and privileges; yet a research into the history of the government of jurisprudence of the nations of Europe, will satisfy any one, that many consequences of that system still exist and influence the opinions and decisions of the highest and most enlightened tribunals of justice. Every author who has undertaken to give a regular and systematic account of the rise and progress of modern nations, has felt himself obliged to resort to the history of feuds and feudal rights, as the fundamental principle from which all existing civil and political institutions have taken their rise; and every jurist who has employed himself in explaining the constitution and laws of his country, has gone to the same source for the correct materials of his essays and dissertations. Robertson, in his history of the Emperor Charles V. has with great beauty and perspicuity illustrated so much of the feudal policy as was necessary to enable the scientific reader to understand that valuable book; and Sir Wm. Blackstone has in the course of his commentaries, led the student to a contemplation of the ancient tenures, many of which depend upon the doctrine of feuds, as established in England by the Norman conqueror.
But in both those invaluable productions, the feudal policy was adverted to, only as incidental to the principal object of the authors, and therefore cannot be supposed to furnish a complete and satisfactory account, as would be given by so distinguished a lawyer as professor Sullivan, who declares the great purpose of his lectures to be the full discussion of the subject, which was of necessity but partially considered by the other writers.
This work has become so scarce in this country, as to be seldom seen, even on the shelves of a practising lawyer; a fact to be accounted for only by the difficulty of obtaining the book: for it cannot well be supposed that any one of the profession, who has higher views than the mere pecuniary advantages of the practice, would willingly neglect an enquiry into those ancient institutions, upon which, notwithstanding the lapse of ages, most modern improvements are founded. But it is not to the profession alone, that this book may be considered useful. In this rising empire, where political knowledge to a certain degree is claimed by all, and actually possessed by many; a book which so lucidly and so judiciously brings to view the laws, institutions, manners and customs of those nations from which our English ancestors descended, must be peculiarly useful, as it will enable young politicians to trace all our civil regulations to their source, and thus to account more methodically and scientifically for many modern usages and practices, of which their knowledge is extremely superficial. In this book they will see how our ancestors struggled for the establishment of those privileges which artful monarchs and a profligate nobility were continually attempting to destroy; and they will also learn that the persevering industry of the people, aided by the wealth which their skill and enterprise brought into the country, finally obtained a complete victory in the establishment of prime principles and customs, which, transplanted into America by our progenitors, terminated in those glorious constitutions which distinguish the people of America, for liberty and happiness, from every other people on the earth.
CONDITIONS.
The work shall be elegantly printed, in two octavo volumes, on fine wove paper, with a new and beautiful type. It will be delivered to Subscribers, bound in calf, at Five Dollars; and in boards at Four Dollars—To non-subscribers the price will be enhanced. No money will be required till the delivery of the work. Those who subscribe for ten sets shall have one gratis. To booksellers the usual allowance will be made. Printed, June 24—
The above work will be printed from a correct London Edition—The few copies of an L. Ed. Edition now circulating in this country are considered by the first law characters as extremely incorrect, and not to be relied on as historical authority.

WILL be exposed to Public SALE on Friday the 30th inst. the following articles of Damaged Provisions: 8 barrels beef, 9 do. pork, 2 do. beans, 1 2 do. Indian meal, 2 do. ship bread. By order of the commanding officer, BULLER COOKE, Navy Store Keeper. Aug. 28-2t
In the case of WILLIAM POLLOCK an insolvent debtor.
Six months from and after the first day of August next is limited and appointed for the creditors of the said Pollock to bring in and exhibit their claims to the trustee.
It is ordered that this notice be published in the National Intelligencer and Washington Federalist three times in each paper before the first day of September next.
By order of the hon. Wm. Cranch, Esq. WM. BRENT, Clk.
The subscriber being appointed trustee in the above case, requests the creditors of Wm. Pollock to bring in and exhibit their claims to him, or to the above order.
JAMES KINNER. August 28-3t
In the case of WILLIAM MURRAY an insolvent Debtor.
Six months from and after the first day of September next is limited and appointed for the creditors of the said Wm. Murray to bring in and exhibit their claims to the trustee.
It is ordered that this notice be published in the National Intelligencer three times before the 1st day of October next.
By order of the hon. Wm. Cranch, Esq. WM. BRENT, Clk.
The subscriber being appointed Trustee in the above case of Wm. Murray; all persons having claims against him are requested to exhibit them without delay. Also all persons indebted to the said Wm. Murray, prior to his taking the benefit of the act of insolvency, are requested to make immediate payment to THOMAS MANNOLY.
August 28-3t
PUBLIC SALE.
IN virtue of an order issued from the hon. court of Calvert county, will be offered at public sale, on the 28th day of August next, (if fair, if not, the first fair day thereafter) at the late mansion of Benjamin Ward, deceased, at the hour of 12 o'clock, a valuable plantation, containing 184 acres of Land, lying on the Chesapeake Bay, in Calvert county. The improvements are a small dwelling house, kitchen, tobacco house, corn house, and other out houses; a large orchard of fine fruit. This fertile spot has every advantage, it abounds in heavy timber, and has a great proportion of rich low ground, capable of being made into meadow at a very trifling expense. The soil is extremely rich—tobacco, wheat, rye, and Indian corn, grow with little labour—the neighbourhood affords a society of very gentle and friendly people—places of worship surround it—convenient to mills and a ware house for the inspection of tobacco within two miles of the premises. This Land will be laid off in small parcels, or sold all together, as may best suit purchasers.—Bond with approved security will be required, carrying interest from the day of sale, payable in two equal payments, the first in 12, and the last in 18 months from the day of sale.
WM. M. CARCAUD, DAVID L. WEEMS, CHAS. WILLIAMSON, Commissioners.
July 3, ep8w
Twenty Dollars Reward.
STRAYED or was stolen from the commons of the city of Washington on the night of the 4th inst. a Bright Bay Riding Horse, about eight years old and fifteen hands high—he has a star in his forehead, and as well as it is recollected one of his fore feet is white:—he canters, paces and trots, and possesses great spirit—he has had for some time a sore on his back which has prevented his being rode. His tail is cut square and is trimmed remarkably close. The above reward will be paid on the recovery of the horse, and if stolen, for the conviction of the thief, and ten dollars will be paid for the delivery of the horse to the subscriber and all reasonable charges.
WILLIAM BRENT.
Aug. 12-1f.
To be Sold,
Or exchanged for other property in the City, or its vicinity.
TWO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 6330 acres, and the other 6352 acres, by late survey. They are under old and indisputable titles of more than twenty years, and situate in a populous county, adjoining flourishing settlements. All taxes thereon have been duly paid.
Apply to the subscriber, JOHN BECKLEY, City of Washington, July 17-ep2m
CHARLES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods consisting of the best London and French superfine cloths, cambric, patent Bennett's cord, toiletries, fancy and white Marcellus, black and figured silk, moleskins, fancy silk Marcellus, constitution cords, velvets, Ceylon cord, silk and fustian Florentina, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season.
2. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey Avenue near the Capitol.
December 10-2t
1500 DOLLARS REWARD.
HIGHWAY ROBBERY.
YESTERDAY about 11 o'clock in the forenoon, Mr. JOHN PETER, an Officer of the BANK OF COLUMBIA, was stopped on horseback on the road between this town and Alexandria, and within about 2 miles of the latter place, by some unknown villain, shot through the body with a pistol, and robbed of a sum of money in his possession belonging to this Institution which he was taking to Alexandria, for the purpose of exchanging with the banks there.
The whole sum taken amounted Eighteen Thousand One hundred and Fourteen Dollars and Sixty-five Cents, made up in several packages, among which were,
1 post note of the Bank of Virginia, Dol. C. for 800 1 do. of the same, for 500 1 do. of the same, for 500 1 do. of the same, for 450 1 do. of the Bank of Potomac in favor of Joseph Riddle by him endorsed to Washington Bowie, dated 6 July, 1805. No 117 149 65
A check of the Union Bank, on the Bank of Alexandria, drawn by R. Higginbotham, cashier, in favor of Greenham and Deveraux, by them endorsed and by Benj. Stoddert, and C. Smith, Teller.
There were also a parcel of post notes of the Bank of Alexandria for 100 dolls. and for 50 dolls. each. The remainder was in current notes, principally of the banks of Alexandria and Potomac, and some few of the Bank of Virginia of different sizes and denominations.
As the attack was sudden, and the wound received of a nature to deprive Mr. Peter instantly of his senses, (although it is now hoped he will recover) the description obtained may not be very accurate—As far as we are informed—the man who perpetrated the act, is of middle stature, good countenance, and had a genteel appearance. He had on a dark blue or black coat, nankin pants, shoes, and a black hat, he was on foot and alone at the time, but may have had accomplices concealed, and will probably change his clothes.
FIVE HUNDRED DOLLARS will be given to any person or persons, who will detect and bring to conviction the robber: and ONE THOUSAND DOLLARS additional for the recovery of the whole of the money, or in proportion for any smaller sum recovered—should there be accomplices, and one of them make a discovery, so that it leads to the conviction of the robber, or to the recovery of the money he shall receive the above reward, and interest will be made to obtain his pardon.
WILLIAM WHANN, Cashier of the Bank of Columbia. George Town, July 31-
TO BE SOLD, AT PUBLIC VENDUE,
At Gadsby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon.
ALL that TRACT of LAND late Pretty Thornton, Esquire's, situated in Northumberland county, Virginia, lying immediately on the Potomac river. The following description is given of this property by persons well acquainted with it.—"It contains 2,500 acres, 1700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres heavily timbered, and the remainder very high land extremely productive. The soil of this tract is equal to any in the state for the cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious Brick Mansion House and two Offices, a large Brick Stable, valuable Barn, Cow House, and many other out houses. The Orchards and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Baltimore Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chestnut timber, for which an excellent market may be found at the city of Washington."
The terms of sale are—one fourth cash, one fourth in one year, one fourth in 18 months and the residue in two years from the day of sale. The payments to be secured by bonds, with mortgages on the premises, and to be on interest from the day of sale.
For further information, application may be made in behalf of the subscriber, Thomas Robinson, to Richard Peters, jun. attorney at law in the city of Philadelphia, or to William Lewis, in the same city, (Philadelphia.)
THOMAS ROBINSON, W. LEWIS. June 19-ep Sep. 16
ELEGANT HOUSEHOLD FURNITURE, FOR SALE.
AT PUBLIC AUCTION on Monday the 2nd day of September next, at 10 o'clock in the morning, at the house of Mr. DAVID RAWN, deceased, a variety of Household and Kitchen Furniture, consisting of Tables, Chairs, Bureaus, Bedsteads, Beds, Bedding, Carpets and Curtains, one superb double barrel'd Fowling Piece, one Franklin, and one Ten plate Stove, together with a variety of other articles, too lengthy to enumerate.
Purchasers to pay cash for all sums not exceeding 20 dollars, and six months credit for all purchases above 20 dollars with approved interest notes, (negotiable at the Branch Bank of this city) bearing interest from the day of sale.
All persons having demands against the estate are requested to bring in their accounts for settlement within three weeks from this time.
ELIZA RAWN. JOHN H. CHETNEY, } Adm'rs. August 23-5t
WANTED,
At the PENNSYLVANIA HOUSE and CITY TAVERN, a good HOSTLER and one more WHITE WOMAN COOK, to whom liberal wages will be given.
S. MTER. August 26-3t
On a liberal credit.
THE subscriber will dispose of at private sale his estate called Chichester, lying on the eastern branch, immediately on the city of Washington. This tract of land containing 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Hanlon at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Weddon, living on the premises, near the Eastern Branch bridge.
ANTHONY ADDISON. Barnaby, 12th June 1805-4t
For Sale
IN the county of Prince William, Virginia, Neabico runnace and its appendages, with four or five thousand acres of land adjoining, near the town of Dumfries, and within four or five miles of the Potomac—the soil is generally adapted to small grain, and if too considerable for one purchaser, will be laid off in Lots suitable for small farms—a description of the land is thought unnecessary—as those wishing to purchase will no doubt first view it: the payments required will be one third cash, and the other two thirds in annual instalments, to be secured by a mortgage on the land; and no deed given until the last payment is made; any person wishing to purchase, may know the terms by applying to Mr. Thomas T. Page, living near the premises, who is fully authorised by me to sell the whole or any part.
JOHN TAYLOR. August 16-3m.
N. B. A valuable mine bank in Maryland may be had with the furnace if required.
J. T.
ISAIAH BALDERSTON, & SON,
AT the sign of the Fan and Screen, No 52 Front Street, Old town, and 1 Hanover Street (nearly opposite Evans's Tavern) Baltimore, Manufacture and sell the following articles, viz—Fans for cleaning wheat, Wire Sifters of the most approved kinds, Rolling & Standing Screens (for merchant mills, and flaxseed Rolling Screens) may be had on the common construction, or on Isaiah Balderston's improved plan, which is found to be superior to any heretofore in use for separating garlic from wheat) Riddles and Sieves for corn, coal, ore, barley, rye, oats, flax and clover seeds, wheat, cockle, lime, sand, snuff, starch, and brick dust. Woven Wire for milk houses and cellar windows, together with all kinds of wire work, of which they constantly keep a complete and extensive assortment.
Orders for any of the above articles left with Wm. Morgan, George Town, or forwarded to them will be executed with punctuality and dispatch moderate terms. 8th Mo. 23-
BOARDING SCHOOL FOR YOUNG LADIES.
MRS. LEE takes this method of returning her grateful acknowledgments to her friends and the Ladies and Gentlemen of Washington and its vicinity, for their liberal patronage, and solicits a continuance of their favors which she hopes to deserve: by a strict attention to their morals, as well as the other branches of education, and flatters herself from her long residence in Paris, that she is enabled to teach the French language with peculiar advantage.
TERMS AS FOLLOWS: Dollars Board and Tuition, per quarter, 30 Needle and Fancy work, English, Writing, and Arithmetic, } 5 French, 4 Small children, 4 Pennsylvania avenue, three doors west of the President's square. } August 23-6t
RAGS.
The highest price, in Cash or Books will be given for any quantity of clean Linen and Cotton RAGS, by Rapine Conrad and Co. Capitol Hill. June 24-
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving—he respectfully solicits a continuance of the patronage of his friends and the public, assuring them that 'tis his full determination to fit up his present hotel, and to conduct it, as to merit, he hopes, the preference of the public travelling, as well as those coming to the permanent seat of the Government of our Land of Liberty.
PONTIUS D. STELLE. Washington City, March 25-4t
Ten Dollars Reward.
WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Crosthwaite, Dublin, and in the outer case was a watch paper with Mr. Parker's name of Philadelphia.—Whoever will bring the said watch to the office of the National Intelligencer, shall receive the above reward, and no questions will be asked. May 10-4t
ELIAS B. CALDWELL, ATTORNEY AT LAW,
HAS removed his Office, to the house lately occupied by Mr. LAW, on Capitol Hill. Washington, July 26-4t
REMOVAL.
THE CITY TREASURER'S OFFICE and COUNCIL HALL is removed to the Brick House next west of the Theatre. August 23-4t
West Indies.
BERNARD M'MAHON SEEDSMAN, No. 129.
CHESRUT STREET, PHILADELPHIA,
Has just imported from London by the ship Columbia,
A GENERAL ASSORTMENT OF Garden Seeds,
PARTICULARLY of such kinds as are usually in demand in the West Indies, and as other hot climates; and also of such sorts as are necessary for summer and fall sowing in the United States. They are all fresh, of the last season's growth, and will be disposed of on moderate terms.
TURNIP SEED.
He has likewise imported from one of the most eminent Turnip farmers in England, a quantity of the genuine White Norfolk field Turnip seed, which is the most profitable kind yet known for cattle feeding, and exceeded by none for ordinary purposes.
FLOWER ROOTS. His flower roots being now taken up, his friends and the public may be supplied with upwards of three hundred varieties of the most superb Tulips, all named, and arranged in their proper division, a large collection of the best double Hyacinths, Anemones, Ranunculus and Jonquils; likewise Crown Imperial, crocus spring and autumnal Cyclamen roots, with several other kinds.
BOOKS.
He is constantly supplied with the best and most approved works on Agriculture, Botany and Gardening, and in a few weeks will have ready for publication his treatises on AMERICAN GARDENING, adapted particularly to the climates, seasons, and vegetable productions, that are, or may be profitably cultivated in the United States.
He is also supplied with the best English flour of mustard and split peas; white and brown mustard seed for mangoes, &c. watering pots, bush mats, pruning, grafting, and inoculating knives; garden rakes, hoes, reels, lines, spades, shovels, trowels and edging irons, hot bed lights and glass, hyacinth glasses, red, white, and yellow clover seed, burnet, lucerne, ray grass, timothy, herd grass and orchard grass seeds, lentils, vetches, peas, beans and every other necessary article in the seed trade.
M'MAHON invites, may he solicit a correspondence and reciprocity of services with the admirers of curious and useful vegetable productions, in the United States and elsewhere; and having it considerably in his power, being generally supplied with an immense number of scarce, curious, and valuable seeds, he hopes they will find in him an attentive and useful correspondent. July 15.
Council, Annapolis, May 16, 1805.
ORDERED, That the act to provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American, Telegraph and the Federal Gazette at Baltimore; the National Intelligencer; the Republican Advocate and Bartgis's paper at Fredericktown; Greaves's paper at Hagerstown, and in Smith's and Cowan's paper at Easton.
By order, NINIAN PINKNEY, Clerk.
AN ACT
To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
BE it enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and found legal knowledge, residents of the state of Maryland, who shall previously to and during their acting as judges, reside in the district for which they shall respectively be appointed. One of whom shall be styled in the commission chief judge, and the other two associate judges; of the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint, and the salaries of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as
aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court shall hear and determine the same in the same manner as if such prosecution had been originally instituted therein; provided that such further and other remedy may be provided by law in the premises as the legislature may direct and enact.
IV. And be it enacted, That if the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the deciding of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shore, respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorise the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, in any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amendments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding. May 31-2aw3m
SALE at AUCTION.
ON the 7th of October at 11 o'clock in the forenoon will be sold at public auction (as the COLUMBIAN INN in GEORGETOWN) a handsome assortment of HOUSEHOLD FURNITURE, consisting of beds, bedsteads and furniture, mahogany dining tables, side board, walnut tables, looking glasses, carpets, chairs, brass andirons, stoves, shovels and tongs, &c. &c. and a great variety of other articles—a liberal credit will be given for all sums above one hundred dollars. JOHN TRAVERS, Auct. Aug. 21-2awtf
Rapine, Conrad, & Co.
On New Jersey Avenue Capitol Hill,
HAVE just received and offer for sale, at a low price, a quantity of PERUVIAN BARK by the pound and smaller quantity.
They have also, lately received an addition to their former assortment of books and stationery. July 10-