The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-02-03 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1140.
FIVE DOLLARS PER ANNUM,
WEDNESDAY, FEBRUARY 3, 1808.
PAID IN ADVANCE.
HOUSE OF REPRESENTATIVES
DEBATE
On the Resolution for requesting the President to cause an enquiry to be made into the conduct of General Wilkinson.
(CONTINUED.)
TUESDAY, JANUARY 12.
Mr. Rowan's resolution being under consideration.
Mr. Rowan moved to amend his resolution by adding a clause directing the committee to be appointed to enquire generally into the subject of the concern of General Wilkinson in any combination with Aaron Burr or any foreign power to separate the western states from the union.
Mr. Love acknowledged that by the modification made by the gentleman from his resolution, he believed the House might have incidental jurisdiction of the subject, it was now possible the terms of the resolution might lead them to the exercise of some legitimate right under the constitution; if foreign nations have been tampering with our officers, as the resolution suggests, and promoting a conspiracy against the government, the enquiry on that subject might lead to some legislative regulation as to our foreign intercourse. Thus the House might incidentally have cognizance, and he conceived that the arguments of the gentleman from Virginia yesterday, relative to incidental jurisdiction, would leave in the modified shape of the resolution some ground of support. He admitted that the enquiry had progressed to that point which required of the House to go further with it if they could, for the sake of justice to both parties. But Mr. L. said the resolution must still undergo considerable amendment before it ought to receive the sanction of the House. He would propose one, which he hoped there would be no objection to, the object of it was to transmit immediately to the President of the United States, a transcript of the papers and information laid on the table. The propriety of doing so, said Mr. L. was obvious on two grounds, first it would enable the government to lay before the tribunal now in session, which was engaged in the enquiry solicited by the commander of the army, the means of conducting that enquiry, with all the success which the proofs, if made in conformity to the information, and the papers might merit, and secondly, it will be the means of enabling the accused to defend himself against the charges which have been here publicly made against him, without any power on his part to assert their falsehood. It would seem, said Mr. L. that not only our laws, but the common rights of humanity, would enjoin on us the necessity of giving to the accused some power of reply. ( Mr. L. then read the amendment stated to have been proposed by him, in our paper of the 13th inst. )
Mr. Rowan said that the papers now before the House might be disposed of in any manner that they should think fit; but he saw no necessity for connecting that disposal with the resolution now under consideration, which embraced the simple question, would the House appoint a committee of enquiry into this matter? Whatever information the House had before them they would know how to use. But, said Mr. R. gentlemen seem to think that the President has no information on this subject. Information such as that on the table, has been and is in possession of the cabinet; and if the House adopt my resolution, they will call upon the Secretary of State for the information in his department, which it will be his duty to lay before the House. If this subject were about to burst forth for the first time to the view of the Executive, it would be proper to give him the information as it comes into our possession. But this is not the case; there is no necessity for sending it. Let the court of enquiry exercise their legitimate power of enquiry. This enquiry has been instituted by the President; let him superintend and manage it; but let us conduct our enquiry in our own way. Mr. R. said he could not see the propriety of the amendment of the gentleman from Virginia, or agree to it; and at all events, were it adopted, would call for a division of the question, taking
it first on the amendment, as he wished to have a distinct and unencumbered vote on his own proposition.
Mr. Love said he knew not whether, as had been asserted, the same information was already before the government, if it was he had no doubt also that there was enough of testimony to rebut it, from the circumstance of it not having been acted on; but of this he knew nothing, although he had understood that the purport of the charges on the Clerk's table against General Wilkinson, had been laid before both the former administrations. That the accused had been informed of them, and had requested from General Washington and Mr. Adams successively, an enquiry into his conduct; that this enquiry was not assented to, because the charges were not credited or were refuted. This he learned from a document in possession of every member in the House, (the evidence in Burr's trial) it was as asserted by that document, said by the counsel on the part of the prosecution, that these requests were made by General Wilkinson, and refused; and to this proposition Mr. Martin of counsel for Burr, asserted and said that a court martial had been required by General Wilkinson.
Mr. W. Alston. Can it be true that gentlemen who had made so much noise about an enquiry should want it to be stifled? Could it be true that they wished this evidence to be kept back? I did not believe it could be possible that any one would be found to object to the transmission of these papers to the Executive. What may be the effect of refusing to communicate them? An enquiry has been instituted into the conduct of this gentleman, and his conduct may be submitted to a court martial. This officer may be found capable of defending himself completely. The court martial of course will acquit him. Then what say gentlemen who have clamored in this manner? Why, that this evidence was never communicated to the court. Would they not have a pretence on which to reiterate charges against this officer, although this evidence might have been before the court, but not from this source? I do not say this will, but it might be the case. Whether this proposition be included in this resolution, or made separate, is certainly very immaterial. Can gentlemen wish that a committee alone shall enquire? Do they wish the court not to possess such information as we possess? I must confess I cannot for my soul see any objection to the amendment.
Mr. Rowan. The gentleman has mistaken me excessively. I am as willing as any one to give information to the President, if it were necessary. These papers are not embraced by my resolution at all. I am not opposed to the transmission of these papers to the Executive; but I do not believe that there is any anxiety there for this information from what I have heard. The cabinet has long been in possession of this information, and this officer has been officially named to the Executive as being concerned in the project. The truth of this assertion may be ascertained by searching the office of the Secretary of State. All I wish is that my proposition may not be encumbered by any other. As to the mode in which the committee shall proceed or the disposition which shall be made of the evidence when collected, or whether we shall then transmit it to the Executive or elsewhere, the House can then determine.
The amendment proposed is totally unconnected with the resolution under consideration. I am not very old in legislation, but I have seen that there is some art in it. There is such a thing as hugging a proposition to death, smothering it with kindness. I do not say that this is now the intention. I hope it is not. I should be willing that it should be somewhat obscured by this amendment, but that the object of it can be as well attained by its introduction into a separate resolution. Whenever the proposition to transmit these papers shall come before us in its proper shape, I shall vote for it. I am willing that the Executive shall have every information relating to this im-
* See p. 70, 71, of the evidence furnished by the district attorney, 17th October.
portant subject as early as possible; but I cannot see the necessity of connecting them. The House has not yet said that it will appoint a committee. First, try whether a committee will be appointed; and when appointed, we may dispose of the papers before the House.
Mr. Eppes said it was not material to him whether the amendment was adopted or not. He thought that whatever difference of opinion might exist as to the form, there could be none as to the propriety of an enquiry into the conduct of Gen. Wilkinson. The evidence exhibited to the House of Representatives had assumed a new and serious aspect. It was no longer the statement of a foreigner unknown to us on which we were called to act. A member of the House of Representatives has charged directly on oath the commander in chief of your army with being a Spanish pensioner; a charge so specific made by a credible witness must be met by enquiry; by an enquiry which, whatever may be its result, will unite the public confidence. He thought that on every occasion where an enquiry was called for it ought to assume the form best calculated to do justice to the character of the individual accused and to the feelings of the nation. Will the report of a court of enquiry produce either of these desirable ends? Can the opinion of any three officers of your army, however respectable, restore to general Wilkinson the confidence which it is essential for an officer of his rank to possess; more particularly essential at this interesting crisis in the affairs of the nation. Indeed, Mr. E. thought after the observations which had been made on the floor of the House a more general enquiry ought to be made; that the charge of corruption in the army ought to be probed, and suspicion, if unfounded, removed by a fair and full investigation; that it was a piece of justice due to the officers of the army, all of whom at present whether meritorious or not were implicated in the charge made, as no names had been given. Mr. E. said it was certainly true that no power could be exercised by Congress not delegated by the constitution. It was equally true that the power to punish a military officer could not be exercised by the House of Representatives. He considered the right of enquiring into charges such as had been exhibited, as totally distinct from the right to punish. Punishment can only be inflicted in the form prescribed by the constitution or laws. The object of the present enquiry was not to inflict punishment, but to obtain information subject to the future disposal of the legislature. It was not in his opinion at present necessary to declare what would be the course pursued after the information was obtained; that must depend on the result of the enquiry. The information obtained may form the basis of any legislative provision within the delegated powers of Congress; or it may be transmitted to the department competent to try and punish; for punishing an offence against the military laws, a military tribunal was certainly the only one which could be resorted to. It ought however to be recollected that the charge against the commander in chief is for a species of corruption not punishable by any existing law.
Mr. E. said, he did not however rise for the purpose of examining a subject fully discussed while he was absent from the House—he only rose for the purpose of correcting a statement made by the gentleman from Kentucky. That gentleman had objected to forwarding to the Executive the evidence exhibited against general Wilkinson on the ground that it was already possessed by the Executive. He believed the gentleman in this to be totally misinformed; he had always understood that during the administration of general Washington, a memorial had been forwarded to him by Mr. Marshall of Kentucky containing a detailed account of the old Spanish combination. That under the administration of Mr. Adams additional information was forwarded to the Executive department by Mr. Ellicott—he did not know how far the information transmitted to either of the preceding administrations might criminate general Wilkinson—he was certain however, that no information had ever been received by the present administration which went to charge general Wilkin-
son with being a pensioner of Spain.
Mr. Frisk conceived, before they adopted this measure, that they ought carefully to enquire whether the power were given to them by the constitution. It was proper that this House, however anxious for the public good which they might think could be otherwise promoted, should travel in the path laid out by the constitution for their procedure. The Executive and other departments had certain powers delegated to them; it was not in the power of the House to say that it should or should not be so; the people had placed it there, and it was not for the House to say that it was or was not a judicious delegation of power. We, said he, are the ministers of the constitution, and must be guided by it.
The resolution now under consideration did not originally present to his mind a subject of enquiry within the power of this House. It proposed an enquiry into the conduct of Gen. Wilkinson in receiving a pension from the Spanish government. It was now so modified as to go further and enquire how he was concerned in the transaction of A. Burr. Whether he was or was not concerned was not a subject of enquiry for the House. If Gen. Wilkinson were concerned in it, the question arose whether he was within the power of the House; whether he was properly amenable to this House for his conduct, or to some other tribunal. The constitution had expressly declared that the President, Vice-President, and all other civil officers, of the U. States should be removable from office on impeachment—all civil officers. Was general Wilkinson, a military commander, included in this description? Certainly not.
This House, with the other branch of the legislature was empowered by the constitution to raise and support armies and to make all rules for their government and regulation. The constitution then clearly contemplated specific powers as given to different branches of the government and it became Congress to make all laws necessary to carry into effect these powers, but no more. Congress then had power to make laws defining punishments of all crimes committed against the U. S. but the execution of those laws was intrusted to another power. They had erected a judicial tribunal, and to this tribunal had confided the execution of those laws. Every person charged with any offence was to be tried by a jury, excepting particularly offenders against martial law; For all crimes other than military, the citizen was amenable to presentation by a grand jury. Unless he were a civil officer, this House had no power to act in this case; they had power to impeach civil officers, but no cognizance over military officers.
It might be well here to notice that the tenth article of the amendments to the constitution expressly says, "The powers not delegated to the U. States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." A preceding article expressly guaranteed to the citizen a trial on presentment or indictment by a grand jury, for any capital or otherwise infamous crime. If general Wilkinson had then been guilty of any capital or otherwise infamous crime, he was indictable by a grand jury, and amenable only to that or a military tribunal; and when this House assumed, as proposed, a course different from that prescribed by the constitution, they no less violated that constitution than Gen. W. would in arresting a subaltern under military law and sending him to this House for trial.
Suppose a power given to a committee of this House to send for persons and papers, Mr. F. asked, was any person bound to obey the mandate of that committee? Would not their authority be treated with contempt? Would not a judge applied to for a writ of habeas corpus, be bound to enquire whether this House had authority, and would he not be bound to release the person in custody of its officers? He certainly would.
In considering the power of the House, the passage of this resolution appeared to him to be absurd in another point of view. When the evidence was collected, what use could they make of it? Could a court receive evidence collected in this manner, where one party had no power to enquire, defend himself, or cross-examine witnesses? In no court could such evidence be admissible. For what purpose then did gentlemen wish to take this evidence? For no beneficial purpose that he could devise. If the House had cognizance over military officers, it would then indeed be proper that they should send for persons and papers to enable them to enquire into the propriety of his impeachment.
But a gentleman from Virginia had yesterday called the attention of the House to the proceeding now pending in the other branch of the legisla-
ture, being an enquiry into the conduct of one of its members; and had also told the House that the gentleman from Kentucky had as good a right to institute an enquiry into the conduct of Gen. Wilkinson, with a view to his removal, as into the conduct of a member of this House with a view to his expulsion. Mr. F. said each House had the power to expel their own members for misconduct, or to punish them for disorderly behaviour; it would therefore be acting within their proper constitutional power in making an enquiry into the conduct of one of their own members. Very different was their power as respected a military officer, into whose conduct they had no more right to institute an enquiry, than to arraign a grand jury for not having made proper presentments, or a petit jury for not having done its duty. The constitution gave them not the power. The appointment and removal of all officers was vested in the President of the United States by and with the advice and consent of the Senate. With the removal of this officer then, this House could not interfere. Congress had by law instituted a tribunal for the trial of all persons charged with offences in the land and naval service, and a supreme court to try all treasons not committed in the army or navy. Our constitution said that no person shall be twice for the same offence put into jeopardy of life or limb. If this House had, and exercised in this respect a co-extensive power with the judiciary or military courts, would not a man be in danger of being twice jeopardized of his life? If the supreme court, said Mr. F. possess the power constitutionally, and we at the same time exercise it, will he not be twice tried?
A gentleman from Virginia had yesterday told them that he had acquired knowledge not only of the guilt of General Wilkinson, but of the inferior officers of the army, from no dubious source, and had felt himself bound to vote against this man as guilty of treason. Now, asked Mr. F. if these facts be true, and these circumstances were brought forward before the grand jury or inquest at Richmond, why was not this man charged of the offence before a proper tribunal? Why was it brought into this House when the judicial courts were open to receive it? It would be easily seen how the man was jeopardized by this. Had he been presented by a grand jury, he would have had an opportunity of being confronted with his witnesses; but for representations on this floor a public accuser is not accountable elsewhere. If the House permit such an enquiry as this, said Mr. F. to the destruction of the character of an individual and a citizen, they will not only compromise their own dignity, but violate the constitution. If the gentleman will point his enquiry directly at the President, and shew plausible ground for it, I will vote for the enquiry, because in that case I conceive the constitution gives us power. But while the resolution is pointed at a military officer, while it embraces subjects exclusively cognizable by a different tribunal, I think the adoption of the resolution would be a violation of that constitution which I have sworn to support.
Mr. Elliott said that the remarks of his colleague were conclusive as to that part of the resolution which had been introduced by way of modification. Was it possible that this House was to erect itself into a grand inquest of the nation in cases of treason? It could not be. He was in favor of the most material part of the original enquiry, to wit, into the fact of general Wilkinson's having or not having received a pension from the Spanish government. Certainly if general W. had been guilty of receiving a Spanish pension, it was an act not cognizable by a military tribunal, or by any court of law in the United States; the House would therefore usurp no power delegated to another branch of the government, by an enquiry into this subject. He only now rose to explain the reason why he should move for a division of the question on the proposition, so as to exclude that part this day added by the gentleman from Kentucky relative to offences other than that of receiving a pension from Spain or her agents.
The Speaker said the motion could not be received, as a question was now pending on the amendment offered by

the gentleman from Virginia (Mr. Love.)
Mr. Holland rose to express his appreciation of the amendment last made, and his disapprobation of the original proposition of the gentleman from Kentucky. It would be recollected that a proposition substantially the same as this (alluding to the motion by Mr. Gadenier, for reference to a select committee, with power to send for persons and papers) had been rejected by a large majority a few days ago. The House was, then, governed by the opinion that they had not in this case a constitutional power to send for persons and papers. What had since that time occurred which had changed the opinion of the House? It was true that they had received an affidavit from the Representative of Orleans territory; but did that give them a constitutional power which was not before believed to be possessed by the House? He feared the members of the House had become inflamed, and suffered their passions to supercede their reason; for nothing had certainly occurred to change the constitutional question. The constitution of the United States expressly said that no person shall be held to answer for a capital or otherwise infamous crime, unless on presentment or indictment by a grand jury, &c. nor be deprived of life, liberty, or property, without due process of law. Could it be contended by gentlemen who advocated this proposition, that persons should be sent for and compelled to attend, and that this procedure would be authorised by due process of law? Had it ever been contended that resolutions of one department of this government were the law of the land? Persons were to be sent for and compelled to attend. Suppose they resisted—they must be taken into custody. Were they not deprived of liberty the moment they were thus arrested? And was the authority under which an officer of the House would in such case act the law of the land? Certainly not. Then the person compelled to come before this committee was not compelled by due process of law.
You might, said Mr. H. give the committee unlimited jurisdiction. Laws become compulsory in consequence of fines, and penalties for disobedience or infraction; a law without a penalty is nugatory. The proposition now before you gives power to the committee to be appointed to send for persons. Will it not be necessary also to give them a discretionary power to lay fines and compel the attendance of persons for whom they may think proper to send. It may be necessary to go further—to vest them with an additional power, thus, "Resolved that they shall have full power to carry this into effect, &c." This proposition smells so strongly of the edict of an arbitrary government, that it has absolutely astonished me. By adopting this resolution you give this committee power not only to enquire, but to execute your laws; at one single sweep you revolutionize our whole constitutional power; all the principles of our government are to be superceded by it. It is in vain to say that it is not so. Can any gentleman say that a compulsory process to bring persons from one part of the continent to another, operating on an individual, does not restrain his liberty without due process of law?
Where was the necessity for vesting in a committee of this House, if it were constitutional, such extraordinary powers? Had the House been shown by any one gentleman who had advocated the proposition, that the present authority of the country was not competent to the ends professed to be intended? A gentleman had stated that in case this officer was a Spanish pensioner, he could not be tried by a court martial. Was it possible that this was not the case? Had not a court martial power to try such a crime as this? Mr. H. thought they had. Courts martial had power in certain cases to inflict on conviction a capital punishment. And with so extensive power was it possible that they had not cognizance of a case of this nature? Certainly they had. If an officer of the army was found to be a pensioner of the enemy, would not a court martial decide that he was unworthy of his office? Did not the constitution say that no person receiving a pension from any foreign prince or power shall hold any office under the United States? Mr. H. was willing to say that every citizen, officer or not, was liable to be tried by jury; and the powers of the judicial courts were ample; where then was the necessity for giving these powers, if it could be done agreeably to the constitution, to a committee of this House? Nothing but revolutionary principles could justify it—nothing but a firm persuasion that the constituted authorities of the country were not competent.
If you adopt this resolution, said Mr. H. you acknowledge the doctrine
that the republic wants energy; that the greatest offenders cannot be tried; and further, this House takes upon itself the burden of the trial. Gentlemen say that this is not a trial; it is only an enquiry by the grand inquest of the nation. Enquiry is the first step to bring a criminal to justice. Where have gentlemen shown that this House has any power to prosecute a criminal? They have no such power. This is in fact to be a trial. It is worse; it is a trial of a person in his absence—a trial without an opportunity of confronting his accusers, or hearing his witnesses and knowing his accusers. This is the kind of trial which this committee is to be authorized to institute.
When this committee send for persons, and they refuse to attend (and Mr. H. supposed every man who wished to adhere to the legitimate authority will refuse to obey the process) what will be the consequence? You must protect your officer, said he; must give him force. You cannot have the force of the judiciary department, nor of the army or militia, for they can only be called upon to execute constitutional laws. Suppose your officer were insulted, as I take it he would be, where is his remedy? Suppose he were to be sued for false imprisonment, for no freeman would suffer himself to be taken into custody contrary to the laws of the land, and not advert to his constitutional remedy? Will it be said that your officer is not guilty of false imprisonment because he acted under the laws of the land? Would a judge say that this resolution is a law of the land? Suppose persons refuse to give testimony, have you the power to punish or fine them? Whence do you derive such a power?
Designing men, said he, will rally round this committee as round a standard of corruption and intrigue; for there they may swear without fear of a prosecution for perjury. This inquisitorial procedure will be a mockery of all trial; it will be a farce; the very focus of injustice and intrigue. And who are the persons who are to constitute the committee to conduct this trial? Persons who have already declared their conviction of the guilt of the accused, having committed themselves by an expression of their opinion on the case. So extremely cautious are the laws that in civil cases, where the parties are called before a court, that persons interested are not permitted to give evidence or to try them. But here the very persons who have condemned the person implicated, are to be authorized to take down the testimony—of whom? Persons enemies to law and regardless of government. It would form a singular spectacle, if while this tribunal is examining and taking down testimony, trying a person in his absence, the Senate by committee doing the same thing, could examine the case as another inquest, being another court having at least the same cognizance as this House; at the same time this person may be under trial before a judicial or military court. All this may happen, and were the principle now contended for to succeed, will happen; there will be nothing to prevent it. Such a doctrine as this is surely not consistent with the principles of the constitution. Every person must have the right of knowing and confronting his accusers, and ought to take his trial before unbiased judges. Very different is this tribunal intended to be, and on very different principles. Hunt down an officer in this way, and who will be an officer. Because expert testimony exists, I hope we shall not permit ourselves to be so much agitated by it as to take the power of trying this person out of the hands of the constituted authority of the nation.
(DEBATE TO BE CONTINUED.)
FRIDAY, JAN. 29.
A message was received from the Senate informing the House that they would at 12 o'clock, attend the funeral of Ezra Darby, Esq.
A bill was received from the Senate, to revive and continue in force the 19th section of an act entitled 'An act to ascertain and fix the military establishment of the United States,' and to extend the provisions thereof."
The Senate also informed the House that they passed the bill making appropriations for the support of government during the year 1808.
The House then adjourned in order to attend the funeral of Mr. Ezra Darby, late a Representative from the state of New Jersey.
MONDAY, FEB. 1.
Several private petitions were presented and referred.
Mr. George Clinton, a member from the state of New York, appeared and took his seat.
Mr. Boyle, from the committee on public lands, reported a bill extending
the time for issuing and locating military land warrants.—Twice read and referred to a committee of the whole.
Mr. Southard presented the petition of a number of the inhabitants of Bergen county, New Jersey, praying for the erection of a port of entry at the town of Jersey. Referred to the committee of Commerce and Manufactures.
Mr. Rhea (T.) from the committee on the subject, reported a bill authorising the establishment of certain post roads.—Read twice and referred to a committee of the whole.
Mr. Holmes reported a bill for the relief of the legal representatives of Thomas Barclay, deceased.—Read twice and referred to a committee of the whole.
Mr. Nelson obtained leave of absence for ten days.
The engrossed bill for the support of the navy of the United States, for the year 1808, was read the third time and passed.
An engrossed bill to erect a light house on Point Judith, in the state of Rhode Island, was read the third time and passed.
On motion of Mr. Basset, the House took up for consideration the report of the committee of the whole on the standing rules and orders of the House.
An amendment made to the rules in committee of the whole, for admitting heads of departments and foreign ministers as well as members of the other branch of the legislature being under consideration, a long and desultory debate ensued, in which some gentlemen contended for the admission of ladies, and in the course of which much pleasantry was displayed. It was contended by the advocates of the amendment that in "this magnificently inconvenient apartment" it was next to impossible to hear in the galleries; and that foreign ministers should be admitted to a hearing from courtesy, and because it had been a rule heretofore, and should not at this time particularly be varied. It was objected to by the opponents that in the present situation of affairs it was indicative in foreign ministers to hear debates in the House, for in a discussion affecting our relations with England, France or Spain, a member could not speak without offending their feelings, nor could a foreign minister or agent listen without having their feelings wounded; and also that foreign ministers to this country, should not enjoy greater privileges than our ministers to those powers.
Mr. Nicholas called for a division of the question, taking it first on admitting heads of departments; and the question having been so taken, there were for admitting them, 51 to 40.
A motion having been made by Mr. Eppes to take the question on admitting foreign ministers by Yeas and Nays, and some difficulty arising on the point of order whether a question could be taken by Yeas and Nays on a motion thus divided; and some discussion arising,
Mr. Rowan moved to postpone the consideration on the subject.
And after discussion, a motion to adjourn was carried before a question was taken.
TUESDAY, FEBRUARY 2.
Mr. Dwell moved the following resolution, which was agreed to, Ayes 62:
Resolved, That a committee be appointed to enquire into the manner in which the Representative Hall is heated by the furnaces beneath the flooring of the same—what probable influence such subadjacent fires have upon the health of the members exposed to their exhalations—and how, or by what means the injurious effects of the same may in future be avoided—and that they report to this House the result of such enquiries.
A communication was received from the Secretary of the Treasury, inclosing an account of the imports into the U. States during the year ending 30th September, 1806; which was referred to the committee of Ways and Means.
Mr. Newton from the committee of Commerce and Manufactures, reported a bill authorizing the issuing debentures in certain cases. Twice read and referred to a committee of the whole.
[This bill contemplates the placing a discretionary power in the hands of the Comptroller of the Treasury, to issue debentures in those cases in which the yellow fever prevailing in the port, omission or negligence of custom-house officers, or sickness in the parties, have caused an omission of the formalities necessary by law be observed for obtaining drawbacks.]
Mr. Sloan, after a few preliminary observations, offered the following resolution, which was agreed to be considered, Yeas 68, Nays 47:
Resolved, That it is expedient and that the public good requires, that the
seat of government be removed to the city of Philadelphia for years, and that a committee be appointed to bring in a bill for that purpose.
Mr. Lewis moved an indefinite postponement of the resolution, and on this motion a debate ensued which occupied the remainder of the sitting, in which Messrs. Sloan, Gadenier, and Milnor supported the resolution, and of course opposed indefinite postponement, and Messrs. Love, Lyon, Macon, Lewis and Key opposed the resolution and advocated the indefinite postponement; and the House adjourned without taking a question.
[Debate hereafter.]
WASHINGTON CITY.
WEDNESDAY, FEBRUARY 3.
For various interesting foreign articles see the last page.
The Military Court of Inquiry in the case of General Wilkinson met on Monday, and adjourned to that day week, without transacting any business, no evidence whatever having been yet adduced.
We stated in our last the arrival of Burr and Blannerhasset at Chillicothe on the authority of a marginal note on a print of that place of the 12th ult. We have since perused several letters, of subsequent date, whose entire silence on this point renders their arrival at best disputable. The latest of these letters is dated the 16th. Some of the letters say Burr and Blannerhasset had both forfeited their recognizance; others that their names had been called every morning, and their default noted. The Grand Jury had been engaged for two weeks in examining evidence respecting Burr and Blannerhasset, and, it was supposed, would very soon report to the Court. Scarcely a doubt was entertained of bills being found against them and others; but whether for treason or misdemeanor is not said. Messrs. Baldwin and Burnet have been employed as Counsel for the accused at a fee of a thousand dollars, and Messrs. Bibb and Creighton, the attorneys of the districts of Ohio and Kentucky, are Counsel for the prosecution. The Court had received a letter from Luther Martin requesting that the recognizances may be respited until the next term, when he assures the court the parties will appear. It was, however, thought this request would be rejected.
On the first day of the term, on its being moved to have the recognizances of Burr and Blannerhasset called, the application was resisted by their counsel, who particularly suggested that the recognizance of Blannerhasset was defective, inasmuch as he was not recognised to appear on any particular day, or at any particular term. The objection was resisted on two grounds—first, that the accused could not be heard by their Counsel until their appearance was entered; and, secondly, that if the recognizance was defective, that defect could only be taken advantage of, when an action of debt was commenced, or a scire facias sued out on the bond. It was understood that the argument on this question would not be gone into until the Grand Jury had found a bill.
Whispers were circulating at Chillicothe, that the Conspirators were assembling in force at Orleans, and were more sanguine than ever in their expectations of success.
The late European news is, in every light in which it can be viewed, extremely interesting. It supersedes all necessity for comment on the strong measure (who now will be bold enough to deny its strength?) taken by our government, whether adopted from precautionary or political motives. Conspiring events, over which it is true we have no control, but which might have been, and probably were, in the outline, foreseen, will give to this measure great, perhaps decisive effect. The whole European world may now be considered as at war with Britain, the issue of which may well fill her, undaunted as she is, with fearful apprehension. Principles are set up, and demands made, worth contending for, and the most solemn pledges given that these principles will never be abandoned; and which certainly will not be relinquished without a contest still more arduous than any yet waged. Is not this the precise moment for her to relax in her pretensions towards this country? We demand nothing but what is just—the same freedom of trade, which she has always insisted on—and that very freedom, which, in the present crisis, may be essential to her existence? Independently of the confederated hostility of all Europe against her, she is menaced with a severer scourge than
war. At the very moment, when she had flattered herself with a plentiful harvest, the assurance of which perhaps had a great influence on the principles she has set up, as well in point of time, as in regard to their extent; at the very time she calculated upon the abundance of her crops to supply the means of carrying these measures into effect, she is visited, in her most vulnerable point, with the most awful calamity, which can threaten or befall a nation. Famine already stares her in the face. A letter from Cork, dated November 25, says—"A severe frost set in a few days since, and to all appearance has destroyed more than half of the potatoes, in consequence the price has advanced from 30s. to 5l. per ton. Oatmeal is not to be had, and wheat advancing; a scarcity altogether is apprehended, and a bad prospect of a supply."
If such apprehension existed at the end of November, to what degree may it not be expected to rise about the beginning of February, when the information of our embargo shall reach her; when she shall find her stock of provisions greatly diminished; when she shall have suffered severely from the prohibitory orders, of her own government; when the stock of raw materials for her manufactures is gradually declining; when the want of the all-important article of flax seed, (no where else to be got) shall have paralysed the labors of the farmer, and presented a more dreary prospect to the manufacturer; and when the prospect of a supply from this country—hitherto her constant reliance in time of distress—shall have vanished? Will not Britain, at such a period, yield to that principle which she has made the pretext for all her invasions of neutral rights, to the principle of necessity, whose existence, however incorrectly urged on other occasions, can admit of no question under such circumstances? We do hope that she will, and that her own decided interest will induce her to act a wise, honorable and just part towards us.
France, too, and all her allies, will most sensibly feel the effects of the embargo; so, sensibly, we should hope, as to be herself willing, in case England relaxes her conduct to neutrals, likewise to annul her restrictions. We are assured from a correct commercial source that flour was in that country, at the latest accounts, at ten dollars a barrel, which is four dollars above its average price since the accession of Napoleon.
At Bremen flour was ten dollars and a half a barrel, and rice nine dollars. At Nantz cotton is said to be eighty cents a pound, at Cadiz tobacco twenty dollars, at Amsterdam sixteen dollars.
The following articles are extracted from late London papers received at this office:
"London, November 24."
"At the privy council which was held at the Queen's house on Wednesday last, an order was made, which is extremely different in its nature from those which have been practised under our navigation laws. After reciting the titles and stating the particular objects of several acts of Parliament that have been passed for the regulation of different branches of our commerce, it ordains that Hemp, Flax, Cotton, Wool, Horns, Hides, and several other articles may be entered at and landed in any port belonging to the United Kingdom from neutral vessels, upon payment of the same duties as are already paid on the like goods imported in vessels belonging to Great Britain or Ireland. Most probably the order will appear at full in the Gazette of this evening."
"London, November 25."
"Paris papers to the 14th instant arrived yesterday, and they were highly important. They announced, in a long paragraph in the Monitor, the determination of Napoleon as to the overthrow of the monarchy of Portugal; and the accession of the emperor of Austria to the confederate war against the commerce of England. The public will read this paper with particular interest. They will observe, that the indication of all the powers of Europe against us, is assigned to our unprincipled attack upon Denmark. And that however we may attempt to reconcile this measure with the principles of justice, or to apologize for it on the plea of necessity, the French have succeeded in persuading the world, that all confidence in our friendship is misplaced, and all connection with us is ruin. We are prevented by the multiplicity of matter from further animadverting on this curious paper, which our readers will find at length this day."
The news of an embargo in the ports of the U. States reached Havana the 6th inst. being only 16 days subsequent to the passage of that law.

ON the orders of Council, as they may affect the existing differences with the United States of America.
To the Editor of the (London) Morning Chronicle.
SIR, I thank you for explaining to your readers, in the note affixed to my letter on our differences with America, that it was in your possession before the issuing of the late orders of Council; because, without that explanation, it must have appeared strange that I should have adverted so slightly to proceedings which may so materially affect our amicable relations with the U. States; the impolicy of which it was the object of my letter to inculcate.
I will not repeat any of my former observations, which were directed to show the vast importance, at this particular moment, of a cordial union with that growing people, further than to remind you, that I principally insisted upon the effect it would have in disappointing the extravagant efforts of France to destroy our commerce; extravagant, I say, if America refused to become a direct and willing party to support them. Writing from a distance in the country, where I have long lived in retirement, the truth of my remark has already been justified by facts which could not possibly be known to me when I wrote to you, but which were so obviously to be expected, that I claim no merit for having anticipated them. I said that the French Emperor must feel that his attempts against this country would come to nothing, in the end, unless he could draw America into his vortex. It has been proved, that these were precisely his feelings: he has insisted upon the rigorous execution of his decrees, as they regarded America, which had been before but loosely executed, and he has even threatened her with direct hostility, if she did not become active to give them effect.
In this crisis of Bonaparte's ambition and injustice, what was the policy of British statesmen? The answer to this question is really so self-evident that it is almost trifling with your readers to state it.
They ought first, to have exerted every influence with the Americans, which the most conciliatory and friendly demonstrations were calculated to produce, to draw them towards Great-Britain, and to encrease their rising resentment at the recent conduct of France. In the present condition of our country, the least ray of common sense, one would have thought, might have obtruded this course of proceeding: if they had pursued it and succeeded, their orders of Council would have been useless, as far as they regarded America; we should then have continued to enjoy all the advantages of her extending commerce, and, through her, in spite of the French decrees, our manufactures would have found their way into the very heart of France, & into every corner of Europe. On the other hand, if we had failed in these politic and just endeavours to rescue America from the vortex of France, and, when threatened with the strict execution of the decrees so long suspended over her and even with actual hostility, she had put herself in the scale of France against us, we should then have had a just cause for immediate and decisive acts for the security of our commerce & independence; but ministers have unfortunately pursued neither of these courses. When America was becoming indignant at the conduct of France, which would have naturally thrown her into our hands against France, they took that precise moment, and (as it is said) without any communication, directly or indirectly on the subject, to issue an interdict against her commerce, with not a very side-wind observation upon the character and conduct of her government, & this, too, almost co-temporary with a mission which had for its just, prudent, & beneficial object, the restoration of harmony & good understanding between the two countries, which had been unfortunately interrupted by unauthorised outrage by subjects of Great-Britain.
I am really not able to reconcile this course of proceeding with that caution which the affairs of this country so imperiously demand, in this unexampled crisis of the world; still less, when I find Parliament further prorogued, though at this late season, whilst such momentous objects are on foot.
The letter, lately published in your paper, from Lord Auckland and Lord Holland, in the time of the late administration, is no proof that his majesty's late ministers are likely to give their assent to this ill-timed proceeding, when Parliament does at last assembled. The noble Lords above-mentioned, acting as commissioners upon the execution of the treaty with
the U. States, properly and prudently reserved to this country the consideration of the conduct which the decrees of France, if supported or yielded to by America, might oblige our government to pursue; but this cautious reservation, to avoid any delay in the conclusion of a treaty of pacific relation, does by no means lead to the conclusion, that, under circumstances so very critical and peculiar as the present, the late ministers, had they continued in office, would at the very moment, when France was menacing and insulting America for seeking to maintain her neutrality, have adopted a measure so likely to check that disposition, and so calculated to promote the very object which it would otherwise have been impossible for the decrees of France to have accomplished.
But supposing the orders in question to be completely justifiable, their suddenness and secrecy was surely impolitic and unnecessary, since their effect was to be postponed till after due notice to the neutral governments, whose interests they were calculated to affect. Why, then, should not a previous and friendly communication have been made to Russia and America on the subject? Secrecy, which is the very soul of a military expedition, is manifestly destructive of a proceeding having relation to states in amity. The enemy ought to be surprised and overpowered by the suddenness of an attack; but states in amity should be reconciled by previous negotiations to measures which affect their interest, but which the safety of one state, particularly circumstanced, may render imperious. A contrary dealing with neutrals will very soon leave us no neutrals for our orders of Council to relate to; and many there are, indeed, who suspect that this is the real object of the whole system which seems to be now pursuing by this country. For my own part I do not believe it. —I cannot suspect any ministers of a design, as destructive of their own power as of the interests of the country. I take the truth to be this, and indeed it is apparent from the whole strain of their encomiasts: they are constantly flattered by their adherents for the spirit and vigor by which, it seems, they are distinguished from the late ministers; but it might not, perhaps be useless to them to recollect, that spirit , both in public and private life, is widely different from rashness; and that vigor may be fully manifested without violence and injustice. If the public mind is against these observations, I shall readily believe I have been mistaken; but if it shall be found to be otherwise, as I verily believe it will, it is not too late for government to qualify the later orders, so as to prevent their literal counteracting the very object of their authors, in the utter ruin of our commerce, and the ultimate safety of our Empire.
These, Sir, are my sentiments—I have no view towards the political parties who share between them (in what proportions I know not) the opinions and attachments of the people. I do not even know, with the exception of Lord Henry Petty and Mr. Thomas Grenville, a single man in the late cabinet: my sole object in writing the former letter to you was, to serve my country by pointing out the disastrous consequences of a war with the United States; and, knowing the intercourse between the two nations, through the medium of the press, I, at the same time, warned America of the ruin that might attend any rash and headlong proceeding on her part, which might involve her in hostilities with Great-Britain. My object is the same now.—When a false step is taken by those who administer the government, it is generally exposed with so much bitterness, and so much personal reproach is mixed with the investigation, that it becomes in a manner impossible for men in office to retrace their steps without compromising their character with the public. In my opinion this course is as unjust as it is impolitic. When an error is committed, which deeply affects the interests of the country, but which cannot in justice be connected with any corrupt or personal motive, its dangerous tendency should, in the first instance, be calmly and candidly pointed out: if the public voice gives judgement against them, it is not only the duty of ministers to regard it, but it is their happiness that they administer the government in a country where general opinion can correct abuses before their effects have been materially produced. If, afterwards, they blindly and obstinately persevere, their ignorance and their obstinacy become just foundations for reproach, and for their removal and punishment. Depend upon it, the time is at hand, when the eyes of the public will be completely
opened to the awful and unheard of condition of this country, and the day of reckoning will be a severe one.
A. B. P. S. In my next letter I will consider the case as it regards the fit and prudent conduct which ought, nevertheless, to be pursued by the United States.
New York, Jan. 27. We learn that the President has come into the plan of sinking blocks and making immovable obstructions in the channel of New York harbor, for the purpose of defence.
The brig Industry, Carter, has arrived at Newport, in a short passage from St. Kitts. Capt. C. informs that an embargo was laid there the day he sailed, about noon; and that having his vessel loaded, he got off.
Baltimore, Jan. 25. The L'Espe, French 74, has arrived at this city. She is in want of repairs, and will, it is believed, remain here all winter.
Norfolk, Jan. 26. Admiral sir John Borlase Warren, had not arrived at Bermuda on the 7th inst. when the Bream, Lt. Mayall, sailed from that island.
Yesterday morning we were informed, that a ship was in Hampton Roads from London, in consequence of which we dispatched a boat down, and had the satisfaction to find that the ship Powhatan, Capt. Cottle, was in the roads in 47 days from London, by her we have received files of London papers to the 5th of December, whose contents are of the first importance.
We have confined our extracts for this paper principally to the official documents relative to war, and commerce. War between Russia and Great Britain, has been officially announced, and it may possibly be followed by every continental war, not excepting Austria and even Sweden. At the same time the continent is in a very agitated state, from the new and extraordinary decrees and orders of the great belligerent powers.
Although we have delayed the publication of our paper, we are only enabled to present a part of the various orders of council of the British government, modifying, explaining, and abating the rigor of the order of the 11th November, published in this day's paper, all these will be given in our next.
We have had only time to give a very hasty perusal to our papers, from which we notice that the fate of Portugal is yet undecided, but from an article in the Paris Moniteur, we conclude that Portugal has fallen under the displeasure of France, for permitting the English property to leave that country.—Spain is in the most distracted state, the late conspiracy is supposed to be nothing more than a contrivance to give a new dynasty to that country.
The Russian fleet, or rather a part of it, after leaving Gibraltar put into the Tagus, more it is believed from accident than design, and owing to tempestuous weather. Three of the Russian ships parted from those that went into the Tagus, and had not been heard of after the gale.
Sir Sidney Smith had arrived before Lisbon, and another British division was on the point of sailing for the same place, but for what object the London prints differ much.
The British forces are stated to have evacuated Egypt and Sicily.
Provisions in Portugal were very scarce and dear. Flour was at 16 2-3 dollars per barrel, and likely to rise.
Letters from Holland to England, stated that serious disputes had arisen between our Minister at Paris, Mr. Armstrong, and the French government, on account of the latter having demanded that the United States should exclude British commerce from their ports; that Mr. A. had renewed his advice to the masters of American vessels to quit the ports of France and Holland without delay.
FRANCE, November 11. "You would be astonished were you to witness the progress of the woollen and silk manufactures, and the incredible success and increase of those of cotton, in France. Since about three years, the consumption of cotton wool has increased near three-fold, and it is impossible to say in what proportion this increase will progress, if we continue to receive this raw material with facility, and in the proportion in which it is wanted."
"France has consumed, for the last two years, per ann. upwards of 65,000 bales of Brazil cotton, (each bale containing 120lbs. neat French wt.) imported from Lisbon, in the following proportions: 50,000 bales at Nantz, 10,000 at Cherbourg, and 5,000 at Antwerp and Bourdeaux."
From Bremen, November 20. "In consequence of the last French Decree, any kind of intercourse with
Great Britain, and the introduction of all such articles which may be imported from England and her colonies is prohibited, on account of this, prices of coffee and sugars in particular, have experienced a considerable rise, and are at least 25 to 30 higher than some weeks ago. Tobacco and rice have also advanced and will be higher during the winter."
November 21. "There is an embargo here, laid by the French government on all vessels without exception—and capt. Hall of New-York, by whom I send you this, and whose vessel lays in the mouth of the river, is the only one that will be permitted to depart. Times here are very bad. Navigation and business is all done up; the shores on both sides of the Weser are guarded by French troops, and any communication with England whatever is most rigorously prohibited."
LONDON, Nov. 24. On board the American brig Caroline, capt. Doak, detained on her passage from New York to Cherbourg, and sent into Falmouth by the Mars privateer of that port, capt. Vinicombe, were found a packet of dispatches from the French charge des affaires in America to the Prince of Benevento, (Talleyrand) & the other French ministers of state. They are confidently said to contain secrets of the first importance, relative to projects now in agitation between France and America.—They were immediately sent off to London, for the information of the British Cabinet.
DECEMBER 3. The dispatches from St. Petersburg were sent from that place on the morning of the 9th ult. at which time no embargo had been laid upon the British shipping in the ports of Russia. It appears that about 20 sail of British vessels remained at Cronstadt, most of which were loaded on the 31st October. There were 52 British vessels at Riga; and on the 23d, the river at Archangel was frozen over, and no British vessels remained there.
TUNIS CRAVEN HAS removed his entire stock of DRY GOODS from Alexandria to Washington, and is now opening, at his new Store, between the Marine Garrison and Navy Yard Gate, an assortment equal to any in the District;—among which are,
 Wood's best London cloths,  Do. double milled & plain cassimeres,  Bennett's cords and velvets,  Constitution Gerrow, hunting, Trafalgar, and silver cords,  Velvets,  Imperial, Brunswick waistcoating,  Silk moleskins do.  Toilnets, swansdown do.  Plain and figured Marseilles do.  Beaskin coatings,  Plains, kerseys, halfthicks,  Rose and duffil blankets, flannels,  Superfine green cloth table covers,  Calicoes, colored cambrics,  Gingham, silk and cotton chambrays,  Furniture Chintz,  Cambric and jacobnet muslins,  India and British book do.  India mullmull figured and plain,  Plain and figured lenoes,  Laced cambrics,  Elegant tamboured mulls,  Grecian robes and Pcliese dresses,  8 4 damask and raw silk shawls,  Damask scarfs,  Camel's hair and swansdown do.  Down scarfs,  Long and short lace sleeves, spider & nett sleeves,  Extra long and habit kid gloves,  Do. do. silk do.  Do. do. raw silk do.  Cross-barred and plain Mantuas and interstrangs,  Persians and Medes,  Thread and cotton laces,  Lace caps and handkerchiefs,  Book muslin and leno cap patterns,  4 4 7 8 Irish linens,  Long lawns, linen cambrics,  Irish diapers, table-cloths, napkins,  Cotton counterpanes,  Cambric Dimities,  Common do.  Furniture do.  Ladies' and gentlemen's silk thread, cotton, worsted, laml's wool & Angola hose,  Gentlemen's pantaloons do.  Silk cords and buttons,  Ribbons, floss thread,  Scarlet and other colored bombazets,  Hearth rugs, Russia sheeting, ticklingburg,  Osnaburgs, baftas, gurrahs, &c. &c. 
ALSO, Imperial and young hyson tea of a superior quality in small boxes, to suit families, or by the pound—Also genuine Havanna segars.
T. C. is determined to sell on the lowest terms.
February 3—tf
THE Subscriber begs leave to inform his friends and the Public, that he has on hand PORTER and ALE in bottles of the first quality, by the hogshead or dozen—Also BEER in barrels, of a quality superior to any ever known here.
He requests those indebted to him for the last year to make speedy payments, so as to enable him to meet his engagements.
JOHN DOBBIN. Navy Yard, February 3—3t.
New-York, January 29.
The ship Suffolk from London, was boarded on the 6th of December, by a British man of war brig, bound from Lisbon for England, from whom she received information that 15,000 French troops had entered the capital of Portugal; and that the Portuguese fleet had been joined by an English squadron, under the command of Sir Sidney Smith, off the Tagus.
One of the passengers in the Suffolk is the bearer of dispatches from Mr. Pinckney to the government of the United States. He received them on the 17th of November.
WAS committed to the jail of Cecil county, on the 2d inst. on suspicion of being a runaway, a Negro Man, who calls himself PHILIP, about 26 years of age, 5 feet 6 or 7 inches high, a very dark complexion; he had on when he was committed a woolen hat, linsay woolsey jacket and trowsers. He says he was sold by John Tyler, near Frederick Town, to Mr. Crown. The owner of said Negro is requested to come forward within 60 days and pay all legal costs and charges; otherwise he will be sold out agreeable to law.
JO. BAXTER, Sheriff of Cecil county. Elkton, January 20—w8.
2000 bushels
BEST RICHMOND COAL, Now landing from on board the sloop Laurel, at Charles King and Co's wharf, George Town. Apply to Wm. O'Neale Square 78, city of Washington, or to Josiah Taylor, on board. Those who are indebted to W. O'Neale may be supplied, if they pay off their former accounts, and not otherwise.
WM. O'NEALE.
February 3—3t. This notice applies to those who have been called on for payment, and have not complied. A few tons of good TIMOTHY HAY for sale. Apply as above.
IN CHANCERY.
January 25, 1808. Thomas Beall, of Samuel, Thomas, John, Benjamin, Joseph, and Richard Foster, and Isaac Van Meter, vs.
George, William, Richard, Ann, and Sarah Mason, and Jared Hooe, and Elizabeth, his wife. THE object of the bill filed in this cause is to obtain the conveyance of a tract of land, lying in Allegany county, called The Welshman's Conquest, which Thomas Beall, of Samuel, as attorney in fact for George Mason, deceased, contracted to sell to John Foster, by bond of conveyance, bearing date on the 24th day of February, 1787. The bill states that the defendants reside out of the state.
It is thereupon upon motion of the complainants ordered and adjudged, that they cause a copy of this order to be inserted once in each of three successive weeks in the National Intelligencer, in the District of Columbia, before the 27th day of February next, to the intent that the absent defendants may have notice of the present application and the object of the bill filed, and may be warned to appear in this court in person or by solicitor on or before the 27th day of June next, to show cause (if any they have) why a decree should not pass as prayed.
True copy, Test, NICH. BREWER, w3t. Reg. Cur. Can. February 3.
By order of the Orphan's Court or Prince George's county, will be exposed to Public Sale, on Thursday the 18th of February next, at the dwelling house of the late capt. Ezekiah Wheeler,
ALL the Personal Property of the deceased, consisting of Negroes, Horses, Oxen, Sheep, Cattle, and Hogs, Household and Kitchen Furniture, a Waggon and Cart. Part of the above property will be sold under certain restrictions made known on the day of sale. Six months credit, with interest from the day of Sale, the purchaser or purchasers giving bond, with approved security. The sale to commence at 10 o'clock.
HEZEKIAH WHEELER, Executor.
January 25— All persons having claims against the above estate, are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber, on or before the first day of April next; they may otherwise by law be excluded from all benefit of the said estate. H. W.
In pursuance of a deed of trust, dated on the 17th day of June, in the year one thousand eight hundred and three, from Isidore Hardy, of Prince George's county, Maryland, to John Francis Hardy, will be exposed to Public Sale, on the premises, on Tuesday the first day of March next, if fair, and if not, the first fair day thereafter.
ALL those two Tracts or Parts of Tracts or Parcels of Land, lying and being in Prince George's county, called Gardner's Meadows and Tyler's Advantage, containing 330 acres. These lands are encumbered with the right of dower, and will be sold for cash.
The above tracts of land are situated about 5 miles from Piscataway, in Prince George's county, and are tolerably well improved. A more minute description is deemed unnecessary, as those who wish to purchase will view the premises, either on or before the day of sale.
RICHARD B. GARDINOR, Adm'r of John F. Hardy. January 29—tMay.

Declaration of Russia against England.
The higher the value in which the Emperor held the amity of his Britannic majesty, the keener the regret he must feel at the complete alienation of that monarch.
Twice has the Emperor taken up arms in a cause in which the interests of England were most immediately concerned; but he has solicited to no purpose her co-operation to produce the accomplishment of her own objects. He did not require she should unite her forces with his; he was anxious only she would make a diversion in their favor. He was astonished that in the furtherance of her own cause she herself would make no exertion. On the contrary, she looked on a cold spectator of the sanguinary theatre of the war, which she had herself kindled, and sent a part of her troops to attack Buenos Ayres. Another portion of her army, which seemed to be destined to make a diversion in Italy, finally withdrew from Sicily, where it was assembled. Hopes were entertained that they had taken that step, in order to throw themselves on the Neapolitan coast; but it was soon understood, that they were employed in taking possession of Egypt.
But what sensibly hurt the feelings of his imperial majesty was to see in violation of the faith and express stipulations of treaties, England annoying the maritime trade of his subjects; and at what period was this proceeding adopted? When the blood of the Russians was flowing in the glorious battles which accumulated and directed against the armies of his imperial majesty, the whole of the military of his majesty the emperor of the French, with whom England was, and still is at war!
When the two emperors made peace, his majesty, notwithstanding his just causes of displeasure at the conduct of England, did not however refrain from endeavoring to render her services. The emperor stipulated in that very treaty that he should interpose his mediation between England and France; and he accordingly made an offer of that mediation to the king of Great-Britain, apprising him that it was with a wish to obtain honorable conditions for him. But the British ministry, adhering no doubt to the plan that was to dissolve and break off all the ties between Russia & England, rejected that mediation.
The peace between Russia and France was likely to bring about a general peace, but it was at this moment that England suddenly awoke from that apparent lethargy in which she had slumbered; but it was only to throw into the north fresh firebrands, which were to rekindle, and have actually kindled, the flames of war which she was not desirous to see extinguished.
Her fleets, her troops appeared on the Danish coast, to execute an act of violence of which history, so fruitful in example, records no parallel.
A power distinguished for its peaceful and moderate conduct, and for a long and unexpected course of wise neutrality, and who sustained, amidst surrounding monarchies, a kind of moral dignity, finds itself treated as if it was engaged in secret plots, and was meditating the downfall of England: while the whole of these imputations were only meant to justify the sudden and entire spoliation of that power.
The emperor, wounded in his dignity, wounded in the affection he feels for his people, wounded in his engagements with the courts of the north, by this act of violence committed in the Baltic, a close sea, the tranquillity of which has so long depended on the court of St. James, and is reciprocally guaranteed by both powers, did not disseminate his resentment against England, and warned her that he should not remain indifferent to such a proceeding.
His majesty did not foresee, that while England, having successfully employed her forces, was, on the point of seizing on her prey, she would offer a fresh outrage to Denmark, in which his majesty was to bear a part.
New propositions, still more insidious than those made at first, were made to Denmark, which aimed at binding down to England that power thus subjugated, degraded, and applauding, as it were, every thing that had happened.
Still less did the emperor foresee that it would be proposed to him to guarantee that submission, and to promise that that act of violence should not be attended with any mischievous consequences to England.
The English ambassador seems to have imagined that he might venture to propose to the minister of the Emperor, that his imperial majesty should undertake the apology and defence of a proceeding which his majesty had so openly condemned. To
this step on the part of the Cabinet of St. James, his majesty has thought proper to pay only that attention which it deserves, and has deemed it high time to set limits to his moderation.
The prince royal of Denmark, endowed with a character full of nobleness and energy, & having been blessed by providence with a soul as elevated as his high rank, had apprised the emperor, that, justly enraged against what had recently happened at Copenhagen, he had not ratified the convention respecting it, and that he considered it as null and void.
That prince has just now acquainted his majesty with the new propositions that have been made to him, and which are of a nature rather to provoke his resistance than to appease his resentment, for they tend to stamp on his actions the seal of degradation, the impression of which they never will exhibit.
The emperor, struck with the confidence which the prince royal placed in him, having moreover considered his own grounds of dissatisfaction with England, having attended to his engagements with the powers of the North, engagements entered into by the empress Catharine, and by his late imperial majesty, both of glorious memory, has resolved upon fulfilling them.
His imperial majesty breaks off all communications with England: he recalls his embassy from that court, and will not allow any ambassador from her to continue at his court. There shall henceforward exist no relations between the two countries.
The emperor declares that he abrogates every act hitherto concluded between Great-Britain and Russia and particularly the convention concluded in 1801. He proclaims anew the principles of the armed neutrality, that monument of the wisdom of the empress Catharine, and binds himself never to recede from that system.
He calls upon England to give complete satisfaction to his subjects, with respect to all the just claims they may set up, of ships and merchandise seized and detained, contrary to the express tenor of the treaties concluded during his own reign.
The emperor gives warning, that nothing shall be re-established between Russia and England until the latter shall have given satisfaction to Denmark.
The emperor expects, that his Britannic majesty, instead of permitting his ministers to scatter fresh seeds of war, in compliance only with his own feelings, will be induced to conclude a peace with his majesty the emperor of the French which would be extending, in a manner to the whole world, the inestimable blessings of peace.
When the emperor shall be satisfied upon all these points & especially upon that of a peace between France and England without which no part of Europe can expect to enjoy any real tranquillity, his imperial majesty will then willingly return to the relations of amity with Great-Britain, which in the state of just resentment which the emperor should feel, he has maintained, perhaps, too long.
Done at St. Petersburg, the 26th October, 1807.
FROM THE LONDON GAZETTE, SATURDAY, NOV. 28.
At the Court at the Queen's Palace, the 25th of November, 1807, present the King's most excellent Majesty in Council.
WHEREAS it has been represented, that it would be expedient to fix certain periods at which it shall be deemed elapsed that a reasonable time shall have elapsed for receiving information, at different places, of his Majesty's Order in Council of the 11th of November, inst. respecting the trade with his Majesty's enemies, and in their produce and manufactures; and his Majesty taking the same into consideration, and being desirous to obviate any difficulties that may arise in respect thereto, and also to allow ample time for the said order being known to all persons who may be affected thereby, is pleased, by and with the advice of his Privy Council, to order and declare, and it is hereby ordered and declared, that information of the said order of the 11th of November inst. shall be taken and held to have been received in the places hereinafter mentioned, at the periods respectively assigned to them; namely,
 Ports and places within the Baltic, Dec. 21, 1807.  Other ports and places to the northward of Amsterdam—Dec. 11, 1807.  From Amsterdam to Ushant—Dec. 4, 1807.  From Ushant to Cape Finisterre—Dec. 8, 1807.  From Cape Finisterre to Gibraltar, inclusive—Dec. 13, 1807.  Madeira—Dec. 13, 1807. 
Ports and places within the Straights of Gibraltar to Sicily and Malta, and the west coast of Italy, inclusive—Jan. 1, 1808.
All other ports and places in the Mediterranean beyond Sicily and Malta—Jan. 20, 1808.
Ports and places beyond the Dardanelles—Feb. 1, 1808.
Any part of the north and western coast of Africa, or the islands adjacent, except Madeira—Jan. 11, 1808.
The United States and British possessions in North America, and the West Indies—Jan. 20, 1808.
Cape of Good Hope, and east coast of South America—March 1, 1808.
India—May 1, 1808.
China and the coast of South America—June 1, 1808.
And every vessel sailing on or after those days, from those places respectively, shall be deemed and taken to have received notice of the aforesaid order: And it is further ordered, that if any vessel shall sail within twenty days after the periods above assigned respectively, from any of the said places, in contravention of the said order of the 11th of November inst. and shall be detained as a prize on account thereof, or shall arrive at any port in this kingdom, destined to some port or place within the restriction of the said order, and proof shall be made to the satisfaction of the Court of Admiralty in which such vessel shall be proceeded against, in case the same shall be brought in as prize, that the loading of the said vessel had commenced before the said periods, and before information of the said order had actually been received at the port of shipment, the said vessel, together with the goods so laden, shall be restored to the owner or owners thereof, and shall be permitted to proceed on her voyage in such manner as if such vessel had sailed before the day so specified as aforesaid: And it is farther ordered, that no proof shall be admitted, or be gone into, for the purpose of showing that information of the said order of the 11th of November inst. had not been received at the said places respectively, at the several periods before assigned.
W. FAWKENER.
LONDON, Nov. 22. CITY OF LONDON TAVERN, November 21, 1807.
At a special Meeting of the Committee of American Merchants, held here this day, Philip Sanson, Esq. Chairman, in the Chair, the Chairman made the following Report from the sub-committee appointed to attend the Board of Trade, on the subject of the recent Orders in Council:—
That American vessels cannot sail in any instance direct from the ports of the United States to any port of the enemy in Europe. American vessels may proceed from the ports of the United States to the ports of the colonies belonging to the enemy, and direct back to the ports of the United States. The order does not prohibit them from going direct from the ports of this kingdom to the colonial ports in the West India Islands belonging to the enemy; and it is not intended to prevent them from proceeding from this kingdom with colonial produce to the enemy's ports, whenever Parliament shall have decided on the duties to be imposed on such exportation. American vessels may continue to trade from the ports of this kingdom to the ports of the enemy, and from the ports of the enemy to this kingdom, and from the ports of his Majesty's allies to the enemy's ports, but not from the enemy's ports to the ports of his Majesty's allies, direct, nor from America to the ports of his Majesty's allies, with colonial produce. There is reason to believe that an order in Council will issue, regulating the periods at which notice shall be considered to have been received of the orders in Council of the 11th inst. in the United States of America; by which regulation, vessels that shall have cleared, or shall clear, out from any port in America, before the 20th of January next, shall be considered to have cleared out before notice of the order; and vessels which shall clear out between the 20th of January and the 10th of February, will be liable to be detained, subject to the question, whether they had begun to be laden before notice had arrived at the port from whence they sailed. From the 10th of February, all American vessels will be considered as having begun to lade after notice, and will thereby be subject to the provisions of the aforesaid orders.
"Certificates of right" will not be required to be delivered up, which may be on board vessels which shall have sailed previous to the notice of this order, at the port from whence they sailed.
There is also reason to believe that no duty is intended to be laid on the re-exportation of any articles which are the produce of the soil of neutral nations, with the exception of cotton; and that the trade between this coun-
try and the ports of the enemy's colonies by neutrals, will be regulated by licence, and confined to the export of British manufactures, until the meeting of Parliament: and that the trade between this country by neutrals, with the colonies of the enemy, in the West Indies and South America, will be placed on the same footing.
Resolved, That the above report be published for the information of all persons connected with the American trade.
JOHN GRAY, Secretary.
NOVEMBER 25.
We have been favored with a copy of the circular letter addressed by the Consul of the United States, at Hamburg, to the masters of American ships, bound to that port. It discloses fully the precarious nature of the understanding which subsists between France and America. The measures to which the French have had recourse, in the port of Hamburg, are marked by their usual treachery. They interdict the navigation of the Elbe on a sudden, and then proceed to sequester the cargoes of neutral vessels, which could not possibly have had no notice of the order. The practice of warning does not enter into the system of the grand advocate for the liberty of the seas. The violence and injustice of these measures must be deeply felt in America. It appears from this document, that the introduction of colonial produce is absolutely prohibited at Hamburg.
Hamburg, November 4, 1807.
"At the request of the merchants here, dealing with the U. States, I have issued the annexed circular instructions to the masters of such of our ships as may be bound to this city, and have also sent over to Heligoland an agent, who will remain there for some months, in order to communicate such further information as I find it expedient to convey to our countrymen passing that island. You, sir, will make such use of these circumstances as the interest of our commerce may point out to your known zeal and discretion.
I am, very respectfully, your most obedient servant,
J. M. FORBES, W. Lyman, Esq. consul of the U. S. of America &c. London.
American Consulate, Hamburg, Nov. 4, 1807.
To masters of American ships bound to Hamburg.
"In the present unprecedented crisis, such great and almost daily changes take place, and the measures of the belligerents affecting commerce are put into such immediate operation, that it is impossible for the most prudent, with the best intentions, to avoid the injuries which, on every side, lay in wait for far neutral trade.
"It is, therefore by no means my intention to assume any control in the destination of your ships, but merely to state such facts as it is important you should know. In this measure my own opinion has been fortified by those of the most respectable merchants here in connection with my countrymen, expressed to me in their written request.
"The French custom house officers, or Douaniers, without any official intimation to the Foreign Agents here, have some time since, in virtue of an impartial decree, applied the commercial regulations and laws of France to the trade of this city, and, without any exceptions, require certificates of origin, signed by the French Consul at the place of shipment, for all articles attempted to be introduced here. In addition to the inconveniences which the prompt and unexpected execution of this measure presented, within a few days, a new order of the French Emperor has interdicted in the most rigid manner, the navigation of the Elbe and Weser, to all ships, whether going or coming—and in consequence of it the American ship Julius Henry, coming from Baltimore, has been seized, the cargo has been sequestered, the ship has been liberated, but without any freight, and must remain under an embargo, of which the term cannot be foreseen. Under this state of things, it must occur to every one that it cannot promote the interests confided to you to enter either of these rivers. Having stated thus much, I can only leave you to follow the dictates of your own prudence, assuring you that I shall endeavor to send you new advices by the 1st of December, or sooner, if any favourable change takes place.
J. M. FORBES,
Consul of the U. S. of America.
"List of articles permitted to be imported into Hamburg, with certificate of origin, signed by the French consul, at the place of shipment:—Timber, masts, iron, copper, hemp, sail-cloth or raven's duck, flax, cordage, pitch, tar, wheat, rye, barley, oats, oatmeal, pease, beans, rice, flour, cheese, butter, wine, brandy, tallow, candles, salt, pot ash, flaxseed, madder, turnip seed, linseed oil, hemp oil, whale and other fish oils, fish glue, mats, horse hair, hog's bristles, saltpetre, yellow wax, bed feathers, caviar, and honey. All other articles
are, for the present, totally prohibited."
November 26.
Recent intelligence from the continent induces a belief that Bonaparte is determined to force America to take a decided part in the war, either on the side of G. Britain or France. At one of his levees a short time since, he declared publicly to General Armstrong, that he would not admit of any neutrals in the war—and he added, "You may tell your employers, that they may join with England if they please—but it is my determination to exterminate those proud islanders from the face of the earth."
It was not without sufficient reason that the American minister at Paris recommended that all vessels bearing the flag of the United States should immediately quit the ports of France, and of all countries under her control, as will be seen by the circular letter addressed by the consul of the United States, at Hamburg, to the masters of American ships bound to that port. What a contrast does this new French decree offer to our late Order of Council? We allow American vessels to clear out from the ports of the U. States to the 10th of February, and proceed to France; and the French seize a vessel, and sequester the cargo, for entering the Elbe in defiance of a regulation of which it was impossible she could know any thing.
November 28.
The Committee of Merchants trading to America, were yesterday convened at the city of London Tavern, by a requisition, signed by a few merchants, and addressed to Mr. Sanson, the chairman.
The chair was taken at two o'clock, and it was proposed that a deputation should be appointed to wait on ministers, for the purpose of explaining the inconveniences and difficulties that would result to the merchants, under the late Orders of Council, and to pray for relief. The subject was under discussion for upwards of an hour, but was at length terminated by a gentleman, who observed, that ministers had already given every necessary attention to the subject, and had granted every reasonable indulgence to the American merchants; that he considered the measure resorted to highly necessary at the present crisis, and solicited the chairman to decide the question by a shew of hands. The question was put, and negatived; only one solitary hand being held up for it. This event is alike creditable to the good sense and patriotism of the American merchants, and we are confident the public will derive as much pleasure from the information, as we do in communicating it to them.
NEW PUBLICATIONS.
Just published and for sale at D. Raper's book store, on Capital Hill.
The American Artillerist's Companion, translated and extracted from the best memorials, and most recent publications, on this important branch of military science, by Lewis Toward.
The American Register, or general Repository of History, Politics, and Science. This work will be published semi annually, for which, as well as the preceding work, subscriptions are received at the above store.
A Picture of the Empire of Bonaparte, and his federative nations; or the Belgium Traveller; being a tour through Holland, France and Switzerland, during the years 1804—5, in a series of letters from a nobleman to a minister of state.
Columbiella on the Foreign Carrying Trade—showing the effects on agriculture, population and morals of the country.
"A Book" without a title—this is a periodical publication of much wit and humor.
The Subscribers to Dr. Rees's Cyclopaedia are respectfully informed that the sixth volume of this extensive work is now completed, and the work is rapidly progressing; and it is hoped that those in arrears will be so good as to send for their volumes and pay up the balance due, which will enable the publishers to go on with the work without impediment.
February 1—4.
ROSS AND GETTY,
HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HANN, jun. viz.
 30 kegs butter,  20 barrels, New Town, Pippin Apples,  10 do. buck wheat flour,  10 do. Cranberries, and  10 do shell bark hickory nuts. 
Also a small assortment of very elegant Looking Glasses, Wafers, Trays, posished steel shovel and tongs, with cus and brass heads, &c. &c.
January 9—11.
LINDSAY'S HOTEL.
The Subscriber has taken that well calculated house on the Capitol Hill, Late occupied by Mr. Frost formerly by Mr. Stelle—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant.
GEO. W. LINDSAY. N.B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—44.