The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-01-18 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCLXVIII.
FIVE DOLLARS PER ANNUM.
FRIDAY, JANUARY 18th, 1805.
PAID IN ADVANCE.
Congressional Register.
HOUSE OF REPRESENTATIVES.
MONDAY, JANUARY 7.
Debate on receding the District of Columbia.
(Continued)
MR. EPPES. With the gentleman from Pennsylvania (Mr. Smith) considered the question of receding the territory of Columbia as entirely separate and distinct from a question to remove the seat of government. He did not understand the particular connection between the two questions. He believed that the seat of government would be as permanently fixed here, if the jurisdiction of Congress extended only over the soil covered by its public buildings, as if it embraced any given number of square miles. All that the national legislature wants here is accommodation. Assembled at this place for purposes of general legislation, the exercise of a local sovereignty over a few square miles is neither beneficial to the nation nor interesting to Congress. The right of legislating for persons around us whose local interests we do not feel, or understand, cannot attach to this spot the representatives of the nation. The exercise of this power by Congress cannot attach to this spot the nation itself. The public convenience and interest fixed our government within this territory, the public convenience and interest can alone continue it here. The permanent seat of our government depends not on the extent of our powers over the country around us, but on the will of the nation. Whatever might be the feelings of other gentlemen on this subject, he had no hesitation in declaring, that although he was in favour of receding the territory of Columbia, he should never feel himself authorized as a representative of Virginia to vote for a removal of the seat of government.
In the observations he should make on this subject he was willing to pursue the course taken by the gentleman from Maryland (Mr. Dennis) who had set out with declaring, that he considered receding the territory, as unconstitutional, and impolitic. He would examine these two questions, and first the constitutional right of Congress to recede the territory. If the words of the constitution were, that Congress shall exercise exclusive legislation over the territory, there would be no doubt but that like every other part of the constitution they must be obeyed. Whatever inconvenience might attend the exercise of this power by Congress, if by the words of the constitution it was positively enjoined as a duty, we could not shrink from its performance. The words of the constitution are, that Congress "shall have power to exercise exclusive legislation in all cases whatsoever, over such district of country, not exceeding ten miles square, as may by cession of particular states become the seat of the government of the United States." What do we understand by the words shall have power to exercise ? Not that Congress shall ; but that Congress may , exercise exclusive legislation over this district, precisely as they may exercise any other of their delegated powers. By the first clause of the eighth section of the first article of the constitution, Congress shall have power to lay and collect taxes, by another clause to borrow money, and by other clauses various other powers, which certainly may, or may not be exercised, without a violation of the constitution; as, for example, if Congress was never to lay a tax; was never to borrow money; was never to lay an excise, or to pass a uniform law on the subject of bankruptcy; it could not be contended that the constitution was violated because she did not exercise these powers; yet in all these cases the language of the constitution is, "Congress shall have power." Nor did he suppose, if Congress were never to exercise exclusive legislation over this territory, it could be contended, the constitution was violated; because this power, like all others given under the different clauses of the eighth section, may, or may not, be exercised; as the public exigencies shall require. None of the clauses are mandatory. The national legislature is in every case left to determine whether the public good requires the exercise of a particular power. If then Congress may never exercise this power; and not violate the constitution; it follows, that the actual exercise of exclusive legislation over this territory, is not an essential part of the constitution, but that this clause, like all others in the eighth section, is a mere grant of power. If then this clause
which gives to Congress exclusive legislation over this territory, is only a grant of power, the use she may constitutionally make of the power, depends on the extent of the grant; and we may fairly enquire, whether the power over this territory is conferred on Congress, in terms so unlimited as to authorise its transfer to any other person or persons.
In order to decide this question, it will be necessary to ascertain, what is the power conferred on Congress over this district, by the term exclusive legislation , in all cases whatsoever. Is it the same limited sovereignty, which she possesses over other territories of the United States, which have not become states? Or is it an absolute sovereignty? In countries where no written compacts or charters exist between the people, and those who govern, sovereignty is defined, to be the "power of making laws." A right to dictate the rule of action in all cases subject to no controul is certainly a complete sovereignty. In this country, in the individual states, the sovereignty resides in the people, and the legislative power extends only, to certain specified objects, fixed by their constitutions. Under the general government also, the legislative power of Congress, so far as it respects the confederated states, extends only, to certain specified objects, fixed by the constitution, and all powers, not expressly given, are reserved by the states or the people. In speaking therefore of the legislative power of a state, or of Congress so far as it relates to the United States, we mean nothing more, than the power of making such laws as are authorised by the constitutions of the different states, or of the United States. He supposed however, that the term "exclusive legislation," contained in the article, which gave to Congress jurisdiction over this territory, had a very different meaning from the mere power of making laws. They did, in his opinion, vest in Congress absolute sovereignty over the district. He had no doubt but that the words were selected for that purpose. An absolute sovereignty, is the power to pass laws, without any limitation, as to the exercise of that power. Let any gentleman attend to the clause which gives to Congress jurisdiction over this district of country—Congress shall have power, to exercise exclusive legislation in all cases whatsoever. What is the limitation to this power? Is there any but the moral rectitude of Congress? Have the people of this territory any charter of rights? If they have, where is it to be found? Can they claim the constitution of the United States as their charter of rights? They are not parties to that compact. If they are at all parties to that compact, it must be, as citizens of Maryland and Virginia. Whatever rights, as a portion of the states of Maryland and Virginia, they might have acquired, by being citizens of those states, at the time the constitution of the United States was adopted, were certainly lost, by the acts of cession of Maryland and Virginia. By that transfer they lost their chartered rights under the state constitutions of Maryland and Virginia, and also the rights they had acquired under the constitution of the United States as portions of the states of Maryland and Virginia at the time of its adoption. By the acts of cession their right of property only, is secured; their political rights vested in Congress. And the people of this territory, have as good a right to claim as their charter, the state constitutions of Maryland and Virginia, as they would have to claim the constitution of the United States. Their rights under the constitution of the United States were acquired as citizens of Maryland and Virginia, and their rights as citizens of those states are lost. It is not therefore in the constitution of the United States, we are to look for the limitation of the power of Congress as it respects this district. Is it in the people of the district we are to look for this limitation? Have they any share in our election? Are we in any shape responsible to them? Are they represented on this floor? Do they pretend to claim, or exercise, any political rights? If then an absolute power to legislate without controul, is an absolute sovereignty, and there is no controul, either by charter, or in the people of this territory over the power of Congress, as it respects this district, it follows irresistibly, however galling it may be to the people of the district, that as complete sovereignty over them as human language can give, is vested in Congress. That her will is the law of the district of Columbia; and that the political privileges of these people depend solely on the moral rectitude of the national legislature. This doctrine is strengthened by the opinion which has
always been entertained, that the framers of the constitution intended to vest Congress with absolute power within this district. And indeed he had often heard that one of the most conspicuous friends to this monster in the constitution, declared, that liberty ought not to exist within the ten miles square, that one great officer, and one great prison, was the only government which ought to be established within this devoted territory. If, as he had attempted to shew, an absolute sovereignty over the territory was vested in Congress, it followed as a necessary consequence that it might be transferred. The United States had sanctioned the principle of transfer where the sovereignty was complete, because they had acquired a valuable territory under such a transfer.
But there was another point of view in which this question might be placed. It was generally admitted that under the terms "exclusive legislation," Congress had power to exercise, or provide for the exercise, of legislative, executive and judiciary powers, within this district. Some of her powers she must necessarily delegate because she cannot herself exercise them. If she can transfer a portion of her sovereignty, she might, he presumed, establish a government for the territory, and vest in it legislative, executive, and judiciary powers. If Congress has a right to establish a government for the territory, in whom does the constitution require her to vest her powers. She may vest them in one or more persons, or in one or more corporations. There is no limitation on the exercise of this right if Congress possesses it at all. If she can transfer her powers over this territory to a government within the ten miles square, what prevents her transferring these powers to a government without the ten miles square. Has not Congress the same right to transfer her sovereignty over the part of the territory bordering on Maryland to that state, and her sovereignty over the part of the territory bordering on Virginia to that state, that she would have to transfer the same powers to a government within the district. The same clause which gives her exclusive legislation is the only limitation on her power. By establishing a government for the district, Congress would be divested of her exclusive legislation. By a transfer to Maryland and Virginia Congress would be divested of her exclusive legislation also. The extent of the power exercised in the two cases is substantially the same.
There was another point of view in which this question might be placed. This ten miles square is a portion of territory within the United States. It is admitted that the people of this territory possess no portion of the sovereign power. The sovereign power over this district then is either absolutely in Congress or Congress possesses a portion of the sovereignty, and the residue is in the people of the individual states or in the states. If Congress possessed the entire sovereignty she might transfer as she had shewn. If Congress possessed only a limited sovereignty within this district, it must be derived from the II d clause of the III d section of the 4 th article of the constitution which declares "that Congress shall have power to dispose of and make all needful rules and regulations respecting the territory and other property belonging to the United States. Or in other words Congress possesses the same power over this territory which she has over other portions of territory which possess population without being states. In the exercise of her ordinary territorial power, Congress during the last session, attached the territory of upper Louisiana to Indiana. If Congress had a right to attach that territory to Indiana, why may she not transfer this territory, divide it as she did the territory of Louisiana and attach a part to Maryland and a part to Virginia, with the consent of these states.
If the view he had taken of the powers of Congress over this district was a correct one it would not be necessary to say much on the expediency of a measure interesting to the people of the district, to the people of the United States, and to the national legislature. The people of the district in returning to the bosom of the respective sovereignties from which they have been torn, will be again restored to the rights of freemen. Instead of a miserable dependance on the will of Congress, their rights will stand on the firm basis of a written charter. Their industry be placed under the fostering care of men elected annually by themselves possessing their feelings and interests. They will quickly experience, the difference between that legislation, which flows from a cold sense of
duty, without responsibility, and the active and zealous exertion excited by a common interest and kept up by proper responsibility. To doubt the beneficial effects of such a change to the people of this territory, would be to call in question the great principles of representative government. It is true that a gentleman from Maryland, has told us, that the rights of a people are sufficiently secure, if those who govern them have no interest in injuring them. And that the advantage of a legislative body of their own, might be questioned because too much legislation was worse than none. The people of America have ever deemed the right of electing those who govern them essential to freedom. The time he hoped, would never arrive in this country, when this important privilege shall cease to be valued. He should not attempt to demonstrate a first principle. If the gentleman from Maryland had any doubts as to the blessing of self government to a people, he would recommend to him a perusal of the history of American independence, in which he will find the patriot whose shade he had invoked, devoting the best period of his life to toil and danger for the establishment of that principle. But we are told that the people of this district deprecate a change, and prefer political slavery, to a full participation of American rights. Do we believe this to be a fact? If it was a fact it was to his mind a conclusive one in favour of receding the territory. If this people have already so far degenerated as to attach no value to the blessings of self government, and prefer living destitute of political rights, they are already fit instruments for tyrants. It is time for them to take a new lesson in the rights of man. Let us restore them to a situation in which if they cannot acquire the feelings of American citizens, their detestable principles may not insure the great mass of the community. He did not however believe that this was the sentiment of a majority of the people of this district. He did not believe it was the fair sentiment of any portion of people in any part of the United States. He had no doubt if the question was fairly put to the great mass of any community, had you rather have your persons, your property, and rights, protected by men elected by yourselves, or live dependent on men in whose election you have no voice, over whose power you have no controul; that the answer would in every instance be in favour of possessing these important privileges; what had been viewed as the sentiment of the district, he considered only, as the opinion of a few land lords, who having embraced the erroneous idea, that receding this territory, would effect the value of their property, had misled and enthralled on their side the people, against their substantial interests. By what process of reasoning this people had been induced to believe that enlarging their political rights would lessen the value of their property, he did not know. It was a species of logic he wished not to understand—as one of the representatives of the United States he should consider himself bound to extend to these people the privileges which every American ought to possess. He had always been taught to believe that the privileges attached to property constituted an important part of its value. That in enlarging human right in a district of country, you enlarge also the means of happiness and give additional value to the property of the citizen.
The people of the United States will be freed from the expense of legislating for this district. The time destined for national purposes will be employed for the good of the nation, and not in local legislation for a territory, whose internal regulations, must in time require more laws, than all the general interests of the union. They will restore to the rank of American citizens a portion of people doomed under momentary error to political degradation. Their system of protection and rights will become uniform throughout the United States, and our people be relieved from an example odious to freemen, and dangerous to liberty, of a political society existing in our country, destitute of political rights.
As it respects the National legislature he had always thought this exclusive jurisdiction while it devolved on them great additional labour, was not calculated to afford them any additional security or freedom in their deliberations. The legislative body of a free country must stand on the broad basis of public opinion. In the faithful discharge of their duties; they require not the hand of power to protect their deliberations. An honest and enlightened legislature
pursuing faithfully the public interest, will find in the attachment of a grateful people, that safety which would be in vain sought, in powers derived from parchment. Deferring the confidence, & possessing the support of the nation, the national legislature can command respect in any situation. Let them forfeit that confidence, and if their jurisdiction absolute, and uncontrouled, embraced the whole continent instead of this ten miles square, the frowns of an indignant people would reach them. It is not by surrounding your capital with men destitute of political rights that you can exclude the voice of freemen. The facility of parchment power used as an engine of oppression is not known in this country. The virtue of the legislature is its only shield. It is that alone which insures the support of the nation. With the confidence of the nation we possess its sword and its purse, and can command the respect due to the representatives of a free people. Under whatever aspect he viewed the question, whether as it respects the people of the district, the nation or national legislature he had no doubt as to the expediency of receding the territory.
TUESDAY, JANUARY 8.
MR. SOUTHWICK.—Mr. Chairman, I should have contented myself with giving a silent vote on this question, had it not been for the strong impressions on my mind that more is intended than expressed in the resolutions now on the table. It is not two years since two resolutions were introduced to this House similar to those now under consideration, with this distinction, that they went to include the city of Washington with the other parts of the district, in the transfer to the states of Virginia and Maryland.
I believe it to be the object of some members not only to recede the branches of the district contained in these resolutions, but likewise the city. If the doctrine, so strongly contended for, that Congress has a right to transfer or recede, be once established, take the first step, and you as easily take the second. I have no desire to call in question the sincerity of the mover of these resolutions, nor of many who support them, yet there are others who wish a reception of the whole territory.
This subject involves two questions—1st. Whether Congress has a constitutional power to make a retrocession of this district to the states of Virginia and Maryland—And 2ndly. Whether it be good policy. As to the first, Mr. S. said he had strong doubts on his mind, as to the rightful power of Congress to recede or transfer.
The members of the convention who framed the constitution of the United States looked forward to a day when it would become necessary to fix on a place which should become the permanent seat of the government. By reference to the eighth section of the first article of the constitution, we see it clearly expressed that Congress shall have power "to exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States."
This article, with all others contained in that instrument, after publication for the consideration of the people of the United States, was adopted, and became a part of the constitution. In pursuance of this object Congress, on the 16th of July, 1790, passed an act, entitled the cession act, in the words following:
"That a district of territory, not exceeding ten miles square, to be located as hereafter directed, on the river Potomac, at some place between the mouths of the Eastern Branch and Connogocheague, be, and the same is hereby accepted for the permanent seat of the government of the United States."
Congress accepted a cession of ten miles square for the express purpose, and on the express condition of exercising exclusive legislation and jurisdiction, and thus too agreeably to the spirit and meaning of the constitution and law, thus forming a compact, which Congress has no right to violate. All the states in their legislative capacity, and the people of the United States, including the inhabitants of this territory, are bound by this compact, which compact is as strong as the constitution itself.
But, Mr. Chairman, we are told that there can be no constitutional objection to the retrocession. The gentleman from North Carolina (Mr. Stanford) contends that this district stands on the same footing as a plot of land purchased by the government, for a navy-yard.

state of North Carolina to the United States. Sir, there is no analogy in these cases. In the purchase of land for a navy-yard, the government becomes the proprietor of the soil, and in such case jurisdiction and soil are inseparable—so also in the cession by North Carolina the right of soil passed with the jurisdiction. The case under consideration is widely different; the right of soil passed not with the jurisdiction; the right of legislation only being vested in Congress. Congress cannot, therefore, transfer the right of soil, nor the inhabitants, to the states of Virginia and Maryland, nor to any other state or nation, without their consent.
Gentlemen complain that Congress are too often called upon to legislate for this district; and why? Is it not owing to the neglect to enact laws really necessary to the internal regulation of the city?
The Gentleman from Pennsylvania (Mr. Smilie) laments the degraded situation of the people of this district in being unrepresented. & in a state of absolute despotism. Mr. S. said, he did not view them in such a degraded situation as stated by that gentleman; he considered them represented as the convention and as the people of the United States intended they should be, and as they themselves expected to be. Were the inhabitants of this territory in the degraded state so much lamented by gentlemen, or were the people of the United States once persuaded that a portion of their fellow-citizens were really thus oppressed, we should have complaints and memorials from every quarter of the Union. But, Sir, we have no such complaints—they are satisfied, and I am entirely so.
We are told, and the alarm is given, that there is great danger of despotism springing up in this district—that the seeds of despotism are already sown—that the germ of aristocracy already begins to appear—and they beg us to "re-act upon the certain conduct of an ambitious leader."
Sir, I apprehend no evil dangerous to the liberties of the country arising from this source. Suppose, for the sake of argument, that an ambitious leader, or a corrupt President, should rise up, could he, with a military force, confined to the militia of the district, give laws to Union? Can the territory afford subsistence to an army? Hence the idea of danger, held up by the gentleman, is predicated on the corruption of the legislature, and a total dereliction from the principles of liberty. While the legislature shall remain pure and uncorrupt, the liberties of the people are safe. Without the aid of the legislature, the executive in this case is impotent. He can neither raise nor feed one soldier. But if the dangers and difficulties pointed out by the advocates of these resolutions, be real, why do they not apply at once an effectual remedy? Carry them into effect, and the principal evil will still remain. It is lopping off the branches while the stock remains. You still retain all, that in my opinion, can ever prove dangerous to the liberties of this country. The gentlemen concede that Congress must still legislate for the city; this acknowledgment destroys one half their argument; for it will require nearly as much time to enact laws for five miles as for ten miles square.
The advocates of these resolutions call on us to prove the advantages derived by Congress in exercising exclusive jurisdiction over this territory? If they are dissatisfied and wish to make innovations on the regulations established by the constitution and the laws, the burthen lies on them to prove that injury is done to the citizens by our exercising this constitutional power. But, Sir, this is a task too hard for them to perform.
Mr. Chairman, I will now make one observation as to the policy of the measure. I consider it bad policy at any time to make unnecessary innovations upon established laws and customs. Why, in this case I ask, let the government afloat? Or, why destroy the confidence of the citizens in their government? Our constituents are happy in the enjoyment of their freedom and liberties, the people of the district are also happy and satisfied with their present situation, and I cannot, nor do I wish to agitate the public mind without a just cause. Under the impression that to adopt these resolutions would produce much evil, without doing any good, I shall vote against them, and hope they will not pass.
Mr. FINDLEY observed that after what his colleague (Mr. Smilie) and others had said in favour of the resolutions for a retrocession of the territory, exclusive of the city, he had not expected to hear any objection to the resolutions on arguments derived from the constitution; the resolutions for receding the territory to the states who had made the original cession might, he thought, have been fairly combated on the ground of expediency, on this ground only did the resolutions before the committee rest. He gave credit however to the gentlemen opposed to the resolutions for their ingenuity in taking the most tenable ground, though not directly involved in the question, but he acknowledged it was indirectly connected with it. If
we had not a right to retrocede, the Representatives of the United States undoubtedly might decline to exercise jurisdiction, for whatever the rights of the people were, the legislature must be free to act or not to act. If this is not the case it could not be a sovereign legislature, Congress itself in this case would act by compulsion.
As the constitutionality of the question had been discussed by every member that had spoken on the subject, he would endeavour to be very concise in his observations on that ground. The power vested in Congress by the constitution to exercise exclusive jurisdiction over a territory not exceeding ten miles square, was evidently one of these powers left to the discretion of Congress, such as the power to regulate weights and measures, to make a bankrupt law, &c. Congress had enacted a bankrupt law and had repealed it again. They had attempted to regulate weights and measures and had dropped the subject after trial. Congress had accepted of the ten miles square, had found the exercise of the jurisdiction inconvenient and were now proposing to make a retrocession thereof to the states from which it had been ceded. Mr. F. said he knew of no well founded argument that would apply on constitutional ground against doing so, but what would with equal force have applied against repealing the bankrupt or the excise law, or any other law enacted under constitutional authority.
He said that though a member of the ratifying convention of Pennsylvania, and of the legislature of that state, and of Congress since that time, he did not remember ever to hear it suggested that Congress was not vested with the same discretion in this case as in others expressed in similar terms. He had indeed of late heard several members say that Congress was obliged to establish a permanent seat, &c. but in taking a review of the constitution he found no such expressions. The word permanent was not in that instrument, nor any other expression that made it the duty of Congress to establish a permanent seat, more than to establish a permanent excise, direct tax, or bankrupt law. The word permanent however he found in an act of Congress, but certainly not authorised by the constitution; and this present Congress had equal power to make a retrocession as that Congress had to accept. He said it was not necessary to prove to the members of this committee that laws in their nature were not permanent but changeable with circumstances, and that one Congress had by the constitution equal powers with any other Congress. That from the express words of the constitution investing this power in Congress and from its analogy to the investiture of other powers, no argument could be drawn against the resolutions, that every argument of that kind he had heard was not taken from the words of the constitution, but from constructions given to it, which he conceived the words would not bear, and which would have a ruinous effect applied to other powers expressed in similar words. That he did not consider himself bound by what other gentlemen fancied the constitution meant or intended, but by what it said.
Mr. F. said the argument had taken a different turn from what he had expected. The resolutions did not propose to remove the seat of government, far from it; none of those who had advocated the resolutions proposed to remove the seat of government, they all agreed in declaring they had no such intention; he also declared that whatever its inconveniences were he had no such intention, nor did not know a member who had. But he wished to be candid, he was of the opinion that Congress had authority to remove when and where they pleased. The constitution did prescribe restrictions on the exercise of several legislative powers, but it prescribed no restrictions on the power of exercising exclusive jurisdiction over a territory not exceeding ten miles square, or over forts, arsenals, &c. Of several of these he had no doubt Congress would make a retrocession. He had no doubt but a retrocession would be made of whatever of that kind Congress had received from the state of Pennsylvania, at Pittsburgh, Meadville, Presque-Isle, &c. when they ceased to be useful to Congress and became inconvenient to that state. These subjects are by the explicit language of the constitution, a language which cannot by fair exposition be perverted, vested without restriction in the legislative discretion of Congress in the same unqualified terms as the power in question. Mr. F. said twelve amendments had already been made to the constitution, and if it was found that Congress was imprisoned in a situation they did not approve, or where they could not act freely, or safely, and that they were constrained by the constitution to do so, another amendment could and would as easily be made; therefore even admitting, though not granting, the constitutional obligation, the property of the residence of Congress is not permanent. Its continuance must depend on the will of the people of the U. States. Other considerations are a greater security. In the city many have laid out large sums of money on their confidence
in government, and the government has laid out very large sums of money to provide accommodations must lay out more for that purpose. And notwithstanding some present inconveniences, he said he believed it was nearly as central & capable of being made as convenient a situation for the seat of government as could be found. From this it was evident that justice to the city and policy with respect to the United States combined in preventing a removal of the seat of government. Justice and policy, he said, he thought were a better security for the citizens, than even the word permanent, if it had been in the constitution, which all who would be at the pains to read, would find it did not contain.
Mr. F. said that he had detained the committee longer in discussing the constitutionality of the resolutions than he had intended, and would endeavour to be short on the question of expediency, though he thought it was on this ground only it ought to have been contested. He said he had heard the members who were in favour of the resolutions called on to prove the injury or inconvenience arising from legislating for a territory of such extent. This was done as an evasion of the question; on the other side it was required to state the advantages of rejecting the retrocession. Waring the enquiry on which side of the question the burthen of the proof lay, Mr. F. said he would state some of the disadvantages. Every session Congress since it came here, he found, had spent a large proportion of their time in making laws for different portions of this territory, and from his own experience he knew that for one important part thereof (Alexandria) they had made a law last session. That they were told this session they had been imposed on, they had repealed the law of last session and made another, and that was asserted to him, they had been imposed on again. He said he could enumerate more instances, but he would only state that Congress now sat at the expence of above 1000 dollars a day. He said, if members would recollect how many days had been spent every session legislating for this territory without giving satisfaction, and consider how many more probably may be spent, they would not enquire for the inconveniences arising from governing the territory, but would be prepared to state the advantages;—of these he said he knew nothing nor had heard nothing.
Mr. F. said it had been frequently asked what more difficulty there was in legislating for ten miles square, than for the city alone. In answer to this, he asked these members to recollect how many applications had been made, how many laws have been passed, how many days have been occupied in legislating for other parts of the district than the city. He would ask what the people would lose by being receded to the states to which they formerly belonged, and what they gain by the members of Congress who have no common interest with them, nor even acquaintance with them or their peculiar circumstances, and liable to be imposed on by every one with whom they converse, legislating for them. He said that it had not been made to appear that the people would suffer any loss by agreeing to the resolutions and that it was indubitably evident that the public would gain advantage, he hoped they would be agreed to. He had early observed that there were nearly as many interfering interests in this ten miles square, as in the whole United States, the members of the committee would recollect that several of the most tedious debates accompanied with the greatest irritation that had taken place this session arose from such subjects.
He said the gentleman from Maryland had alledged that if Congress had a power to agree to the resolutions on the table, they had a power to transfer it to the emperor of Hayti; he conceived this observation required very little reply, the question was about a retrocession, a restoration of what we had, not about making an original transfer. Mr. F. said he was delighted with the gentleman's (Mr. Dennis) anticipation of the prosperity of this place, that all the parts would become one city, and have but one interest, that consequently the subjects of legislation would be fewer and less difficult. He asked in such a case what would be the consequence? In anticipating the pleasing progress of population and wealth, he supposed that at some period not far distant, the population would be equal to that of Philadelphia, which with a small district around it at present had three members on this floor, & supposed at a more distant period it would have a population equal to London or Paris, which if they could be represented, would be intitled to from twenty to thirty members. Are we to presume that in such a case the people would be contented to have no voice in their own government. The people of all the states have constitutions for their own internal governments, and are represented in the government of the union, these they consider as privileges highly advantageous. He would not say what rights the people of the district in question did enjoy, but he was confident in saying that they did not possess the invaluable rights he had just mentioned.
He knew of no good reason why these people are not equally capable of governing themselves as the people of the several states, and he was surprised to observe several members who were but a few days since zealous advocates for extending the right of suffrage to the people of Alexandria even when the majority of the people of that district were petitioning against that extension. If the population increased agreeably to the expectations of the member from Maryland, a secession, or something to that amount must take place; it is incongruous with all our ideas and all principles of government to have such a mass of people in the center of the union without any constitutional rights, without any voice in their own government, and without having a common interest in supporting the general government or in protecting the United States in the possession of those privileges of which themselves enjoy no share. Without this they could never be represented in either Houses of Congress, or vote for a President, let their number be ever so great, they will have no independent legislature to enact laws for the election of members of Congress or appoint senators, no executive to issue writs for supplying vacancies.
Mr. F. added, that those who contemplate so great an increase of population and wealth, ought to prepare early for such an event by making an early retrocession. He did not, however for himself believe the population of this district would increase with the rapidity suggested. It probably with the name of a city may be but a respectable village like the Hague, the seat of government in Holland, a country where large commercial cities are numerous. The Hague though seated near the sea, has never become a commercial city, that this might be the case of the city wherein we sit he thought probable, not only because commerce had already taken its seat in other situations equally convenient, where every political privilege is enjoyed, but because he could not believe that any great number of citizens of the United States set so little value on the rights of freemen as to exchange those rights for the pecuniary advantages arising from the seat of government, and in such as set so little value on these privileges he had not great confidence. The United States had given a sufficient pledge for the continuance of the seat of government in this place, they had laid out large sums of money, and were continuing to do so, and had thereby encouraged others to do so, and no other situation was thought of or could easily be agreed to; therefore the inhabitants would have equal advantages after the retrocession as they had at present, with the addition of enjoying the privileges of a republican government, and the rank of free citizens; therefore being fully convinced that Congress was not restrained by the constitution, he thought every argument derived from expediency was in favor of the measure.
Mr. BOYD said that although some gentlemen had left the constitutionality of the proposed measure out of the question, he was not satisfied any more on that point than he was of its expediency. The constitution was to him the polar star by which his course through the sea of politics would be regulated. The constitution had been formed by a convention composed of delegates from the several states of the union, and was afterwards adopted by state conventions, on behalf of themselves and the people. He had been a member of the convention of his state, and had agreed to ratify that instrument for himself and his constituents, under a belief that Congress would from time to time legislate on the several powers vested in them by the constitution, as their circumstances required. He was well aware at that time of the consequence of accepting a district of territory not exceeding ten miles square, as laid down in the section so often alluded to; and he did believe that that consequence would be that Congress must exercise exclusive legislation whenever they accepted the ceded district. The idea of retrocession was not taken up at that time. The states of Pennsylvania, of Delaware, of Jersey, of Maryland and Virginia, made offers of cession under the terms of the constitution. A partial cession was accepted by Congress from Maryland and Virginia. If a new disposition is to be made of this district, he did not see why Congress might not convey it to any of those states which had proffered to comply with the constitutional suggestion, and receive from the same another territory in lieu thereof. This statement he made merely to show the absurdity of retrocession, as it had presented itself to his mind.
We are asked to recede this territory on account of the difficulty of legislating for its inhabitants. The same arguments would apply for the retrocession of the ceded territory of Georgia, or Louisiana; their interests are also too indistinctly understood; their distance too remote for our legislation. But no gentleman would act on such an argument in those cases; in his opinion it would be equally improper to act in the case now before the committee.
It has been said that the city of Washington would be the germ of aristocracy in this country. He did not apprehend such an effect. It would be recollected that Congress had the powers of self-defence; they had the power of the militia to suppress insurrections; they had not that power under the old articles of confederation, yet they resisted every menace, every attempt to introduce aristocracy. Look at New York, at one time the residence of 40,000 British troops, with additional support, to the amount of 80,000.—Were these adequate to drive the people of America into the toils of monarchy and aristocracy which beset them. Neither that force nor any other could effect such an end, so long as the constitution remained, and the people preserved their virtue. But if he was in favor of a system of aristocracy, he would be in favor of laying hands upon the constitution, and changing it from day to day, 'til it had lost all that symmetry and connection which endeared it to the hearts of Americans. In that event the people would throw it from them in disdain, and then would be the time to propose another system. For his part he considered the constitution a sacred instrument, which ought not to be lightly touched. Considering it thus sacred, he should ever consider it his duty to elevate his voice against its violation—and that he believed would be one of the consequences of the present measure.
Mr. NELSON meant to lay his opinion before the committee, because it appeared to be the habit of members to assign reasons for voting, without expecting to make any impression upon others. He considered the present question of the greatest magnitude to the United States generally; and of peculiar importance to his immediate constituents.
He thought he should be able to show to the satisfaction of every member present, that the removal of the seat of government, which would be the consequence of retrocession, was not only inexpedient but also unconstitutional. If he was successful in making out his point that it was unconstitutional, he presumed the question of expediency need not be argued; the measure would be set at rest, and not a member would be found to give it his support. But if he should prove unfortunate in this respect, which however appeared to his mind as true as that 2 and 2 make 4, he might have reference to the question of expediency.
Previous to an enquiry into the constitutionality of the proposed project, he would just observe that constitutions themselves were things of recent date. Before the American revolution the word itself was never fully understood, Lexicographers who attempted to define it never could agree. There was no practice whereupon to try its meaning. No power on earth had a constitution before the American states. True, England has long boasted of possessing a constitution, and so satisfied were her statesmen and politicians of the reality of this imaginary being, that they have extolled it to the skies. The glorious constitution of England, her pride, and the envy of the world!—Fine words truly, but where is the thing itself to be found? Is it reduced to writing? No. Who has seen it? No man. Is it known to any man? If it be, no two agree as to what the boasted constitution of Britain is. How different, how honorably different is the American constitution!—With us it is reduced to writing. It is in every man's hand—it is known to the whole world, and every citizen agrees in its true and legitimate meaning. He would take this opportunity of expressing his voice, and of holding up his hand in resisting the doctrine of construction and inference formerly set up, whereby the tenor and effect of that invaluable instrument was likely to be changed. He knew that artful and ingenious men might twist and turn, and make it, like the word republican, to mean any thing or nothing, as best suited their nefarious designs. But this declaration and these attacks upon the body or that sacred work, were introduced by insinuating and artful lawyers, aided by the villainy of judges, and accepted by men employed in the administration of our public and most important national affairs.
He saw nothing to justify the present motion. Gentlemen had attempted to show not only its policy, but also its constitutionality. He, however, could not discover any words on that paper that warranted the project in the most remote degree; perhaps it had escaped his search—but he rather suspected gentlemen relied more upon an inference than on either the letter or spirit of the instrument itself. But he here would repeat, that no man was authorised to infer or construe from the constitution any other thing, than what the plain sense of plain words would justify.
He again declared the measure unconstitutional, and would prove it. The 8th section of the 1st article authorised Congress to exercise the power of exclusive legislation in all cases whatsoever over such district as may become the seat of the government of the United States. Now, he asked, if this section did not mean that the district ceded by

particular states, and accepted by Congress, should ever thereafter be considered and deemed to all intents and purposes the permanent seat of Congress, what did it mean? For what other purpose could the words be used. The constitution to be sure does not say that this particular district shall be the permanent seat of the government; but it says Congress shall have the power of legislation over such district as may by cession of particular states become the seat of government, wisely leaving it to Congress, who had more time and leisure to contemplate the place proper for the purpose, to make the selection. Congress have done this, and the people have sanctioned the measure. The constitution prevents the removal; true, Congress have powers to pass laws for the regulation of the general concerns of the nation, but in this case the constitution has set up a barrier which neither we nor our successors have any right to overleap. The acceptance of this territory by Congress is the final seal to the compact; and no power on earth can annul its binding obligation. We cannot lay our unhallowed hands upon the instrument in order to cancel its injunctions.
Congress could not under the terms of the constitution assume the jurisdiction at several times; it is made but one act, and that being done cannot be undone. It must therefore be considered preposterous to propose to recede a part of the jurisdiction and retain a part; yet such is the intention of the 2nd resolution on the table.
Will gentlemen contend that the constitution may be altered on this subject in virtue of the 5th article? He did not deny the sovereign power of the people to make, alter, or abolish the constitutions of their government; but until that was done the constitution must remain, as we find it, and we would look in vain for the power of reception in that instrument.
It had been argued, and well argued too, and the argument is difficult to answer, that the people of this district are placed in a degraded situation. That they have no immediate voice in the choice of representatives—that their civil and political rights are prostrated at the feet of Congress. He did not, however, acknowledge that the argument in its utmost extension was perfectly correct, and the reason was, that the constitution, which every member is sworn to support, provides a guarantee for a republican form of government, and under this form he was inclined to believe that Congress could never exercise a despotic authority or tyrannize over the inhabitants of the district, no more than they could over the citizens of the other states. If Congress were to assume a power of passing oppressive laws, for instance, say over Georgia or New Hampshire—the delegation from those states on this floor would give the measure an honorable opposition; but their voice would be no more than a drop in the ocean. What is a representation of three or four, nay of half a dozen members, to compare with the numbers composing the present House. He believed the people of the district might depend upon the rectitude of Congress; and he placed a greater reliance on this ground, than on all the abstract reasoning he had heard.
The gentleman from Pennsylvania, (Mr. Smilie) had said that recess was one thing and removal another; that the two things were distinct and not necessarily combined; he trusted the gentleman was sincere in saying he did not wish for a removal—but Mr. N. could not separate in his mind the two ideas. If Congress violate the constitution by agreeing to a recess, what security have we that the next step may not be a further violation, and followed up by a removal. It is true it would be a breach of contract, and perhaps produce the destruction of a thousand families, now in the possession of a comfortable competency. But he would ask, is this honest—is it right? He could consider the present proposition in no other light than as a stepping stone to the removal altogether.
The gentleman on his left (Mr. Early) had said that the people of this district were ceded to Congress without their consent, and infers that Congress have the right to recede them without consulting their wishes. Mr. N. considered this a fallacious representation. The people of the territory had their representatives in the legislatures of Virginia and Maryland at the time that the acts of cession were passed. He did not deem it material whether those individual members voted for or against the cession; because in republican governments the will of the majority is the will of the whole people.
He here recapitulated the several points he had endeavored to maintain, and apologized for the length of time he had detained the committee, and concluded with a declaration of his with that the committee would give to the resolutions a decided and prompt negative, in order that the question might be put to rest forever; that the people of the district might go on with their improvements, in full confidence that the public faith is pledged to them for the support
of the privileges they enjoy under the constitution and laws of the U. States. (To be continued.)
WASHINGTON CITY.
FRIDAY, JANUARY 18.
WEDNESDAY, JANUARY 16.
A message from the Senate, by Mr. Otis, their Secretary, informing that the Vice-President of the United States and President of the Senate, had obtained leave of absence, and that the Senate having proceeded to the choice of a President pro tempore, had elected Mr. Anderson, of Tennessee.
Mr. Speaker laid before the House the report of the Secretary at War, on the petition of the military officers stationed at New Orleans, which was referred to a select committee of five.
Also the report of the Secretary of the Treasury, on the petition of Fountain Mawry, praying a drawback on certain coffee transported coastwise.—Referred to the committee of commerce and manufactures.
A petition from captain John Badger, of the revolutionary army, who was disabled in the service by very severe wounds, praying relief, was read and referred to the committee of claims.
On motion of Dr. Leib, the House, according to the order of the day, resolved itself into a committee of the whole on the bill to amend the charter of George Town.
Mr. Greer in the chair. After going through the same, and making several verbal alterations, the committee rose, and reported the bill with amendments, which were agreed to by the House.
General Varnum moved to give the mayor of George Town a qualified veto upon the laws passed by the aldermen and common council.
On the question to agree to the same, the House divided, and there appeared 39 in its favor, and 40 against it.
The Speaker declared that it was not agreed to.
Mr. Smilie said he had risen in favor of the motion, but he believed he had not been counted as the Speaker had passed his seat before he rose.
The question was hereupon put a second time, and there were 44 in favor of the amendment, and 42 against it.—So that the amendment was agreed to.
The next question was on ordering the bill to be engrossed for a third reading. The House divided, and there were for the motion 57, against it 13. Not being a quorum, the members were called upon to divide a second time, and there appearing 63 in favor of ordering the bill to be engrossed, it was carried in the affirmative.
A message was received from the Senate by Mr. Otis, their Secretary, informing that the Senate had passed the bill received from this House, authorizing the corporation of George Town to erect a dam or causeway from Mason's island to the West side of the Potomac.
On motion of Mr. J. Randolph, the House resolved itself into a committee of the whole, on the bill making appropriation for the support of government for the year 1805.
Mr. Dawson in the chair. The various blanks being filled up, the committee rose and reported the same, which being agreed to by the House, the bill was ordered to be engrossed for a third reading for Friday next.
Adjourned.
THURSDAY, JANUARY 17.
Mr. J. Randolph said the committee of Ways and Means had received a letter from the secretary last evening, by which it appeared to be necessary to add an additional item to the appropriation bill, and to make a small alteration in an item already agreed to. The letter was read by the clerk, and then on motion of Mr. J. R. the bill was recommitted to a committee of the whole.
Mr. Dawson in the chair.
After some time spent in considering the same, and making the requisite amendments, the committee rose and reported; the House thereupon proceeded to consider the motion, and having concurred in the amendments reported by the committee of the whole, the bill was ordered to be engrossed and read a third time to-morrow.
Mr. Dawson presented a petition from a number of the inhabitants of Detroit and its vicinity, praying an alteration in the law for the disposal of the public lands of the United States. Referred to the committee appointed on the seventh of January inst. on the same subject.
Mr. Claiborne moved the order of the day for the House to resolve itself into a committee of the whole, on the bill making further provision for the extinguishment of the debts still due from the United States.
Mr. Varnum in the chair. This bill goes generally to make provision for the payment of certain debts liquidated at the Treasury.
A new section was proposed by Mr. Claiborne, making similar provision for all unliquidated debts due for services
rendered or supplies furnished during our revolutionary war.
A debate of considerable length and interest grew out of the question for adding it to the bill.
On motion the committee divided and 78 members voting in favor of inserting it in the bill, it was carried.
A motion for striking out the last section, limiting the duration of the bill to years was made by Mr. Macon, (Speaker); another debate of some length took place, and when the committee divided there were 48 in favour of striking out, and 58 against it—so it was determined in the negative.
Mr. Elmer proposed a new section embracing the cases of Messrs. Bowen, Moore, and Elmer, officers of artillery, but who were not attached to a line of any state, providing for an allowance of the depreciation of their pay, which they did not obtain under the resolution of the 3rd Congress, in consequence of having resigned a few days previous to its taking effect.
This motion did not succeed, only 18 members voting in its favor.
Mr. Thomas proposed a new section enacting that the claim of the United States against individual states for balances which occurred previous to the year 1790, should continue to exist till the day of and no longer.
This motion was also lost, only 20 rising in its favor.
The last section limiting the duration of the law for years being under consideration, it was proposed to fill up the blank with 2, 3, and 20.
The question was taken on the highest number, viz. 20, and lost only 27 members voting in its favor.
On filling it with 3 years the House divided, and were 51 in the affirmative and 42 in the negative, so it was carried.
The committee then rose and reported the bill and its amendments, and the House proceeded to consider the same.
A considerable debate took place on concurring in the amendment proposed by Mr. Claiborne, extending the law to unliquidated claims, and upon the question of concurring the House divided, and were for it 54—against it 56—So the amendment was not agreed to.
Several verbal amendments were afterwards agreed to, and the bill was ordered to be engrossed for a third reading to-morrow.
On motion of Mr. Thomas, Mr. Verplanck, of New-York, obtained leave of absence from Monday next to the end of the session. Adjourned.
Hartford—(Con.) Jan. 12.
On the morning of the fourth inst. Farenheit's Thermometer was at nine degrees above cypher.
 At 12 o'clock. 7 do. do. do.  4 P. M. 2 do. below do.  6 do. 3 do. do. do.  7 do. 4 do. do. do.  8 do. 7 do. do. do.  9 do. 9 do. do. do.  10 do. 7 do. do. do. 
Extract of a letter from our correspondent at Washington, dated January 9.
"I have recently received a letter from a friend who accompanied our fleet to the Mediterranean, written at Malta, under date of 20th September ult. I will extract a part of it for your use—If you have become possessed of the same or nearly the same information before you receive this, which I think probable, you will give me credit for good intentions, and the account between us will be settled."
"The following extracts will, perhaps, be acceptable:"
"Commodore Barron's squadron arrived here on the 5th and fell in with commodore Preble, off Tripoli, on the 9th inst. The enterprise of this judicious and gallant commander has effected atonishment here. You will undoubtedly have the facts in detail before the public. With the small force under his command, he has stamped an impression on the Barbary mind, which will not be erased this generation, and has restored the character of our arms to its proper value among the neighbouring nations. As evidence of this conclusion, I extract the following paragraph from a letter addressed to the commodore, by a distinguished commander in the British navy, whose abilities and valor have raised him to high rank, great eminence, and to the government of the most important post in this sea."
"I beg leave to repeat my congratulations on the services you have rendered your country, and the hair breadth escapes you have had, in setting so distinguished an example to your countrymen, whose bravery and enterprise cannot fail to mark the character of a great and rising nation, in a manner that will ultimately be attended with the best and most important consequences to your country."
"If I were to offer my humble opinion, it would be, that you have done well in not purchasing a peace with money. A few brave men have been sacrificed, but they could not have fallen in a better cause—and I even conceive it better to risk more lives, than to submit to terms which might encourage the
Barbary states to fresh demands and insults."
Thus much from the letter of the British commander (probably Sir Alexander Bohl) to commodore P. on which my friend observes, "This encomium has the more weight, as it comes from a quarter too independent to use adulation, and very capable of judging of the most brilliant actions."
My friend then adds—"The pope of Rome express himself thus on the subject—"The American commander, with a small force, and in a short space of time, has done more for the cause of Christianity, than the most powerful nations of Christendom have done for ages. Ew. P."
PHILADELPHIA, January 14.
EULOGY ON DOCTOR PRIESTLY.
Dr. BENJAMIN SMITH BARTON, one of the Vice-Presidents of the American Philosophical Society, having been previously appointed by the society to deliver an Eulogium to the memory of their associate Dr. Jos. PRIESTLY, the same was accordingly delivered in the First Presbyterian Church in Philadelphia, on Thursday the 31st of January instant, before the society; who went in a body from their Hall to the church, preceded by their Patron, the Governor of the State. Invitations were given, on this occasion, to the Rev. Clergy of the city—the College of Physicians—the Medical Society—the Gentlemen of the Bar, with the Students of Law—The Trustees and Faculty of the University of Pennsylvania, with the Students in the Arts and in Medicine—the Judges and Officers of the Federal and State Courts—The Foreign Ministers and other Public Characters then in the city—the Mayor, Aldermen and City Councils—the Trustees and Session of the First Presbyterian Church—the Directors of the City Library—the Managers and Physicians of the Pennsylvania Hospital, of the Almshouse, and of the Dispensary—The Proprietor and Director of the Philadelphia Museum—The Contributors towards the Cabinet and Library of the Society.
After the conclusion of a very interesting Eulogium, the Society returned their thanks to the Orator, and requested a copy for the purpose of publication.
A Grand Concert OF INSTRUMENTAL MUSIC.
P. Mauro, Professor of Music,
RESPECTFULLY informs the Ladies and Gentlemen of Washington, George-town and its vicinity, that he intends holding a Grand Concert of Instrumental Music (provided sufficient encouragement offers) in the Ball Room of Mr. McLaughlin, on the evening of Monday the 11th of February next, when the following pieces of Music will be performed, to the full satisfaction of the audience:
 Act I. 1st. A Grand Symphony—Mozart, with full orchestra.  2d. The Battle of Prague, on the Piano, by a young Lady, pupil to Mr. Mauro.  3d. A Grand Concerto—Kuretsch, on the Piano, by Mr. Mauro, accompanied by other instruments.  4th. A Grand Concerto—Steibelt, on the violin, by Mr. Hupfield, accompanied by other instruments.  5th. Sonata—Pleyel, on the Piano, by Mr. Mauro, accompanied by violin and violoncello.  Act II. 1st. A Grand Symphony—Widerkehr, executed by Mr. Mauro, on the Piano, and by Mr. Masse, on the clarinet, accompanied with full orchestra.  2d. Life let us cherish, with variations, on the Piano, by a young Lady of 8 years old, pupil to Mr. Mauro.  3d. Grand Concerto on the clarinet, by a new performer lately from Europe, accompanied with other instruments.  4th. Grand Sonata—Walter, on the Piano, by Mr. Mauro, accompanied by violin and violoncello.  5th. Quartetto—with two violins, a viol and violoncello—to conclude with a Military Piece by all the instruments. 
As P. Mauro does not commence this undertaking from particular views of emolument, but principally for the purpose of affording an agreeable entertainment to the inhabitants of Washington and George Town, he respectfully solicits the amateurs of music, &c. to subscribe their names, on papers left for that purpose, at the bars of Messrs. Steele's Hotel, on Capitol Hill, Rhode's, near the Treasury Department, and McLaughlin's, George Town, as early as possible, thereby to enable him to judge if sufficient encouragement offers to despatch the incurring expense of procuring performers from Baltimore, to assist at the entertainment.
Subscribers to pay one dollar each, on the delivery of tickets of admission, some days previous to the Concert.
January 18—3ttaw
The subscriber has just received and offers for sale, a few pipes and half pipes London particular Madeira wine, Old and of a superior quality, 25 casks Sherry Wine, 4 pipes Sicily Madeira, do. 3 pipes Holland Gin, 6 chests Souchong Tea, A few small casks: Hyson Chulan Tea, 70 barrels New York Pippens and Spitzenburg.
He has also on hand, Jamaica rum in hogheads, Cognac, and other French Brandy in pipes, Moissac in hogheads, Claret in cases, Excellent Lisbon wine by the pipe or quarter cask. WM. BRENT. Washington, Nov. 26—3w
THE VIRGINIA WESTERN LINE
THE owners of the line of stages now ply- ing between Fredericksburg and Char- lottsville, return their thanks to the public for their patronage—they beg leave to assure them that no attention shall be wanting to merit a continuation of it, and that that line will continue to ply through the winter as it has hitherto done through the summer. January 18—w3t
One Dollar Reward.
Ran away from the Subscri- ber, living in George Town, on the night of the 16th instant, an apprentice boy by the name of John Hopewell, between 15 and 16 years of age; he has a down look when rath- ly spoken to—he had on when he went away a blue jacket and over-alls. Grey cassimere waist coat; and took with him a variety of other clothing, too tedious to mention. I forewarn all persons from harbouring the said boy, as I am determined to prosecute the de- fender according to law. JOSEPH WHITE. Jan. 13—3t
To THE PUBLIC.
IT is painful to be driven to a vindica- tion of right to property in a newspaper— Such however is my fate; I submit to it with less reluctance, as the city of Washington lay the public at large, have an interest in the discussion.
The public will please to notice, that Mr. Greenleaf has not advanced a single document, or fact to controvert my statement in the National Intelligencer of Monday, supported by documents, and reference to documents lodged with Mr. Smith. Yet he calls it a gross misstatement. Let it be remembered that it is Mr. James Greenleaf, who so calls it. And let the world determine whether he is not of that privileged order of men who may assert just what they please, sure of look- ing nothing in reputation. If my statement be true, and who will not believe it? then whatever claims he may have, if any on the city, he can have none on the property resold by the commissioners, or on the fontine property.
It would seem from Mr. Greenleaf's "flight notice" that he expects it should be believed, that two of the commissioners, actuated by very impure views, had resold at auction the property contracted for by him and others, and so managed that affair as to sell some lots as low as 5 dollars, which with correct titles would have commanded more than twenty times that price; and that I was a considerable purchaser at these sales. What- ever liberties may be indulged in private con- versation, when the thing told is to be a kind of secret between the accurate narrator, and his bearer, the most bar-faced impudence should preserve some shew of respect to public opinion. There are hundreds in Washington prepared to give contradiction to the most direct, to this statement, equally ridiculous and wick- ed. Ridiculous, because it could not be hoped, it could escape detection and exposure, three days. The simple truth is, as the books of the commissioners, at all times accessible, will prove that they never sold a single lot that had been contracted for by Morris and Greenleaf, for less than the sum they were to pay which was eighty dollars with interest and costs to be added. It is equally true that I never bought a lot at their sales, the equity to which I had not before purchased from the first contractors or their assigns. Under an act of Congress which left no discretion with the executive officer, but which directed at all events, a peremptory sale, of all the public property contracted for, and not paid for; a suffi- cient reason for which was, to rid the city forever of Greenleaf and Co. and their pre- tensions; an infinitely greater quantity of pro- perty was forced into market, than there was demand to meet. This happened in 1802, when the commissioners were not in office— I purchased at this sale, lots from the public at twenty dollars, which had before cost me several hundred by purchase from Morris and Co. who were to have paid the public for the legal estate, but did not. I also purchased lots at this sale, to which I had before no claim. But in this sale the commissioners had no agency, nor was the judicious and correct officer who conducted it, inactive in the smallest degree to his duty. He was com- manded by the law in terms not to be dis- puted, to sell more property than there was money in market to represent. The effect, corresponded with the cause. The property sold at very reduced rates. This will forever be the case, when too much of any article, even gold itself, is forced at once upon the market. A sale by the sheriff, quickly alter- ed, 60 or 80 lots, not polluted by the touch of Greenleaf, produced no better prices.
But even by this sale, I question whether Morris and Co. or their assignees, suffered a cent. They had, I believe, before sold their equity to the greater part of the lots then sold, perhaps not to every one of them, leaving it with the purchasers from them to pay, or forfeit the lots.
After this correction of Mr. Greenleaf's SLIGHT NOTICE, tales will be told of the wanton deprecation on his property by the commissioners, and others, with no less equal- ly impure—and we shall still hear for a little while, "that the doings of the commissioners, and others, are to be tested by the strict prin- ciples of law and equity." But where will equity be found to credit the calumny—or timi- dity to fear the mighty vengeance?
Some men who have bought lots, and are averse to lose, without deciding the loss of their property, may apprehend that they are to be harassed with suits. They need not fear it. The assignees are not men to suffer their money to be thrown away in idle and hope- less pursuits. If I mistake their character, I cannot be mistaken in that of the bar, where no man who has pretensions to reputation, will lend his aid to countenance both folly and fraud. BEN. STODDERT.
LOTTERY TICKETS.
A Few tickets in the Catholic Cath- edral lottery at Baltimore, Waunted undrawn, are been deposited in the hands of the Rev. Mr. MATTHEWS and WILLIAM BRENT for sale. Washington, Dec. 24—ep2w

TO PRINTERS.
THE subscriber takes Order for Type from the well known Foundry of William Caslon, Jun. and Co. London. Specimens and list of London prices to be seen at Mr. Geo. W. Rigg, Georgetown.
CHARLES WIRGMAN, No. 215, Market-street, Baltimore. Jan. 16. it
FIVE TO LARS REWARD. STRAYED or stolen from Mr. John Robertson's Prince George's county near Piscataway, December 25th, a large ROAN HORSE, 26 hands or upwards high, 11 years old next spring, rocks and gallops well, his sides are rubbed by drawing in traces, at the same time a bay HORSE about 14 hands high, 8 years old, marked with a star and snip, one hind foot white, his gait are not very good, he has been most used to the plough. Whoever takes up said horses and delivers them to the subscriber, living with Joseph Young, Charles county near the dwelling of the late Gen. Wm. Smallwood, deceased, or at Mr. John Robertson's living in Prince George's county near Piscataway, shall receive the above reward. Three dollars will be given for either, to be delivered at the above mentioned place.
GEO. N. FORD, January 16-3t
For Sale, A NEGRO WOMAN, about 25 years of age—she is an excellent house maid, can wash, iron, &c. For terms apply to the printer. Washington, Jan. 16-3t
NOTICE. THE Subscriber intends to embark for Europe in a short time. All those indebted to him are requested to call and pay their accounts, which will be rendered immediately. ELISHA RIGGS. George Town, Jan. 16-3t
NOTICE. I hereby give that the sale of all those lands and lots heretofore advertised in the Washington Federalist, the National Intelligencer and the Baltimore Federal Gazette on the 20th day of August last for a tax due the county of Washington in the territory of Columbia for the year 1802 (which sale was to have taken place on Monday the 20th day of December next at Rhodes Hotel in the City of Washington) is postponed until the first Monday in February next, when, at the same place at 11 o'clock A.M. the sale will commence and continue from day to day until all are sold or so much thereof as will satisfy the tax and other charges thereon unless the said tax and charges be paid previous to the day of sale. By order of the commissioners of the Levy Court, WASHINGTON BOYD, Collector of Washington County. December 8th, 1804
FALL GOODS. THOMAS CARPENTER, TAYLOR, Pennsylvania Avenue, near the President's Square. HAS just received a very handsome assortment of Fall Goods. Orders executed with the greatest dispatch and fashion, and on the most moderate terms. Oct. 31-3t
CHARLES H. WARDEN, MERCHANT TAYLOR. Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French fine cloths, cashmeres, patent Bonaparte's cord, velvets, fancy and white Marcellas, black and figured silk, moleskins, fancy silk, Marcellas, constitution cords, velvets, Genoa cord, silk and satin Florentines, superfine coating knitted cloths, with a variety of other articles, suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the best style of fashion. New Jersey Avenue near the Capitol, December 10-3t
THE subscribers have opened a GROCERY STORE in the house near the Capitol, lately occupied by Mr. JAMES D. BARRY—where they have for sale, low, for cash or in exchange for country produce. Genuine Cogniac brandy, Inferior French do., Old Jamaica Spirits, Madeira, Sherry, Wines, by the quarter cask, Lisbon, and cask, or smaller quantity, Claret, Brown Sugar, 1st and 2d quality, Loaf and Lump, do., Molasses, Firkin Butter, Mould Candles, Suet Oil, Spices of different kinds, Fig Blue, Starch, Almonds, Anchovies, In bottles, Capers, Powder and Shot, Excellent Wine Vinegar, Gin, Whiskey, Hysan, Imperial, Young Hysan, Teas, fresh, and of superior quality. Salt Herrings in Barrels. PETER HEALY, & Co. Washington October 31-3t
ROBERT CHERRY. HAS removed his store, to the house of Mr. George Blagden New Jersey Avenue on the Eastern Branch, where he has just received (in addition to his former stock) by the Schooner Island from Philadelphia a general assortment of groceries and liquors of superior quality, with a few boxes India china of the best quality eighty pieces to the set; all of which he will sell wholesale and retail at the most reduced prices for cash, or in exchange for country produce—All orders in his line will be executed with punctuality and dispatch; he flatters himself from the quality of his articles he will be able to render ample satisfaction to his friends and all those who may be pleased to favor him with their custom. All kinds of commission business will be attended to with the utmost attention. Washington city Dec. 12-3t
District of Columbia, Washington County. I hereby certify that Daniel Geyer brought before me a stray BAY HORSE, about 15 hands high, in very bad order, appears to be about 11 years old, with a small white spot on his forehead, a snip on the right side of his nose, and a small white place under his belly. Given under my hand this 11th day of January, 1805. SAMUEL HAMILTON. The owner of the above described horse may have him again by paying his expenses, and the cost of this advertisement by application to the subscriber near the Centre Market House.
DANIEL GEYER. January 14-3t
In the case of Henry Dunlap an insolvent debtor. District of Columbia Washington county to wit: ON the petition of HENRY DUNLAP an insolvent debtor confined in the prison of Washington county for debt. It is ordered that notice be given to the creditors of the said Henry Dunlap that on the 28th of January inst. at 10 o'clock A.M. at the court room in the capitol, the oath of an insolvent debtor will be administered to the said Henry Dunlap and a trustee appointed agreeably to the act, for the relief of insolvent debtors within the District of Columbia, unless sufficient cause then and there be shown to the contrary. It is also ordered that this notice be published in the National Intelligencer and Washington Federalist three times previous to that day. It is also ordered that this notice be published in a paper published daily in Philadelphia twice previous to 21st inst. By order URIAH FORREST, Ck. January 14-3t
ADAM KING & Co. At their wine store in High street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual, will be attended to with the utmost attention, George Town. November 5-3t
Office of Discount and Deposit, Washington Jan. 8, 1805. ALL persons applying for accommodations at this office are particularly desired to take notice, that from and after the 16th inst. no bills or notes will on any account whatever be received or admitted to discount, that shall not be lodged in bank every Tuesday before the hour of 3 o'clock P.M. the day preceding the weekly meetings of the Board. Jan. 11-3t
Ten Dollars Reward. DESERTED on the night of Monday the 7th instant, from on board the United States Frigate United States, a man named MICHAEL BRZELER, about 5 feet 9 inches high, stout made, brown hair and light grey eyes. Said Brzeler speaks English very imperfectly. Whoever will apprehend the said Deserter & deliver him to the subscriber, shall receive the above reward and reasonable expenses. JOHN CASSIN. January 12-3t
IN virtue of an order from the Orphan's court of Calvert county (state of Maryland) I shall offer for sale on a credit of six months on bond with approved security, at the late dwelling of Benjamin Ward late of said county deceased. Two negro men, horses, cattle, sheep and hogs, with all the household and kitchen furniture, plantation utensils, and also corn, fodder, wheat, and the crop of tobacco now in the house—The sale of the above property will take place on Tuesday the 29th day of January 1805, (if fair or the first fair day thereafter) and commence at 11 o'clock in the forenoon—All persons having claims against the estate of the said Benjamin Ward, are requested to exhibit the same on the day of sale, or they will be excluded in a distribution; and all persons indebted to said estate are requested to make immediate payment to ZACARIAS WARD, Ad'mr. Calvert Co. Jan. 9-3w
STATIONARY & FANCY STORE
GEORGE TOWN. THE Subscriber has just received from New York, Philadelphia and Baltimore, a large and general supply of STATIONARY &c.—Amongst which are the following articles, viz: Atlases imperial, superroyal, royal, medium and demy English papers, Extra large thick folio do. do. do. thin do. hotpressed do. Small, plain and wove folio do. do. Plain and wove foolscap do. Hotpressed, gilt, mourning, wove and plain letter do. Folio and quarto copying do. Super Royal cartridge do. Medium, demy and foolscap French marble do. Demy blotting do. Pale and bonnet boards, Single and double ruled ledgers, journals, and waste books Medium, demy and foolscap blank books suitable for public offices Best Holland quills and ready made pens Black and red ink and ink powders Japan and durable ink Printing ink for book and newspaper use Red and black sealing wax Red and black waters Large red and white wafers for office use Wax tapers and taper stands Counting house seals Pink and blue silk tape Broad and narrow red tape Ball and hank twine Cases of mathematical instruments Reading glasses in horn and tortoise shell Frames Gold leaf Parchment squared and pounced Scuttle fish bone and pounces Ivory and bone pounce boxes Black lead, crayon and camels hair pencils Do. with silver cases Reeves colours in boxes Arszang knives and paper scissors Counting house and pocket pen knives Do. with ivory scale and rule handles Ivory and bone paper folders Round and flat rulers Gum Tragacanth and Gum Arabic Stares and slate pencils Plated, glass, wedgewood, pewter, & pocket inkstands Sand boxes and sand glasses Black sand, and steel filings Message and visiting cards Geographical and genealogical pastimes an arithmetical games with torums Portable writing desks with apartments for dressing apparatus Mahogany, japanned and Morocco shaving cases Shaving boxes with soap and brushes Razors of a superior quality Ladies and gentlemen's japanned dressing case Playing cards and ivory boxes with counters Cribbage boxes and boards Backgammon tables and dice boxes Ivory chessmen and chess boards Billiard balls and dice Drum battle doors and shuttles Violins, flutes and fife Violin strings and bows Fowling pieces, shot, pouches, and powder Horsemen and pocket pistols [flasks Silver and gilt mounted small swords, dirks and hangars Gold and silver epaulets and sword knots Do. do. shoulder straps and crescents Military shawls, lace, cords, &c. Officers travelling canteens with cooking utensils &c. complete Gold and silver bullion, spangles and thread An elegant assortment of gold, silver and gilt mounted combs Gold and silver hair slides Wreaths and bunches of artificial flowers Ostrich feathers, fancy plumes, &c. Tortoise shell and superfine ivory combs Coquilles and jet necklaces Gentlemen's doe skin and dress gloves Boots, shoes and pumps Morocco skins, and bend soles Bailey's and Morley's patent blacking Hair powder and pomatum Powder bags and powder puffs Tortoise shell and horn dressing combs Curling tongs and crumpling irons Wash ball and wash ball boxes Tooth powder and shaving powder Essence of musk, lavender, burgamot and ambergrease boxes and snuff boxes [bergreaie Tooth brushes and tooth picks Clothes brushes and hat brushes Sweeping, dusting, scrubbing, shoe and furniture brushes Switch, chair and carriage whips Walking sticks and sword canes Silk and morocco elastic braces Green wire fenders with brass tops ornamented Fashionable brass andirons Coal hods, cinder sifters and pokers An elegant assortment of japanned tea trays Satin wood and mahogany knife cases Green and white ivory tables and desert knives and forks in sets Elegant plated tea and coffee urns Plated tea and coffee pots Do. bread baskets and roast stands Do. candlesticks and branches Do. snuffers and snuffer trays Do. castors, double flint cut glasses Do. salts with do. do. Do. mugs, tumblers and bottle stands Gold, pebble and glass watch seals Do. watch chains and keys Do. rings, brooches and breast pins Plated and common coach and gig lamps Do. furniture for harness double and single horse Do. mouldings for carriages Do. gig springs, and hubb bands Do. chaise, duke and snaffle bridle bits Do. horn, bridoons and curbs Do. patent and common irons Japanned lamps and hand lanterns Lamp wick and lamp glasses Worsted Webb and saddle cloths Mill and crofs cut faws Gentlemen's tool chests Travelling trunks, &c. ALSO—FOR SALE, An Invoice of Hardware Which will be sold low at a credit of six months. EDGAR PATTERSON. Nov. 12-3t
The subscriber offers for sale a very valuable MILL SEAT, (the race of which is in part improved) with about twenty acres of handsome low ground annexed thereto, situated on the Shenandoah river three miles below the fork in the county of Frederick and state of Virginia. This property lies in the heart of a fine farming neighborhood, in which vast quantities of wheat and other grains, are annually raised. Its situation immediately upon the bank of the river, the navigation of which is rapidly progressing, its fine fall, and other natural advantages render it capable of being improved upon the most extensive scale. In the opinion of competent judges a sufficient quantity of water can at all seasons be drawn from the river to work machinery of any extent—This property is unquestionably worth the attention of men of capital. For terms and other particulars apply to the subscriber in the said county, near Stephensburg, or to Mr. Mahlon Atkinson in the same neighborhood. Mr. Atkinson will be in the city of Washington a few days, and will receive propositions from any person who may incline to purchase. Letters post paid directed to the said Atkinson or the subscriber by the Stephensburg mail will be duly attended to. An indisputable title can be made. SAML. KERCHEVAL. Jan. 7-6t
Analysis of the Washington Tontine.
THIS institution, as its name implies, is calculated for the benefit of survivorship. Each share owner must, at the time of subscribing, or at some time before the 1st of July, 1805, name a life or lives, on the continuance of which, his share must depend—or failing to do this, the existence of his stock will depend upon his own life. The basis of the institution is upwards of 1200 lots in the city of Washington, averaging 25 feet by 120, and lying principally between George town and the President's square; between that square and the capitol, and adjacent to the navy yard. These at different prices, from 60 to 240 dollars, amount to 2,000,000 dollars. This sum is divided into 4100 shares of 50 dollars each. It was necessary that the legal estate in the lots should be deposited some where for the use of the company. Trustees, who are men of probity and property, are named in the articles, to whom the property is to be conveyed. These trustees, however, cannot dispose of the property. That can only be done by the directors, who are to be chosen in each year by the stock holders. The first election of directors will be held at Bell's hotel, on the first Monday in February next. It was proper too, that the public should not be imposed upon by bad titles. Two gentlemen therefore, as respectable for their private worth, as eminent for their knowledge in the law, and thoroughly versed in city affairs are pointed out by the constitution of the Tontine, to investigate, and to judge of the titles, before the execution of the deeds. These gentlemen happen to be the counsel for the assignees of persons, who have heretofore speculated largely in the city property; a circumstance which rendered it still more proper, because more safe for the public, that they should be selected as the judges of the Tontine titles. The directors are to sell the lots, and to invest the money arising from sales in stock of the United States. The interest of the stock, until the end of the year 1807, is also to be invested in like stock—After 1807, it is to be divided, semi-annually amongst the share owners of existing stock, until the dissolution of the company in 1825, when the capital, the whole of which it is to be presumed, will then exist in stock of the United States, is to be divided amongst the owners of the then existing stock, in proportion to the sum held by each. These are the leading features of the Tontine—there are many minor regulations, which it would be tedious to enumerate—and which will be better understood by reference to the constitution itself. S. December 28. engr
FOR SALE, TWO very valuable and likely SLAVES, viz. a man and his wife, both healthy and young. The man is a very excellent cook and waiter, and a good coachman; he is a tolerable shoemaker and rough carpenter, and is uncommonly ingenious and handy. The woman is also a good cook, and a very brisk and well instructed house servant. They are tractable and well disposed, have no children, and are sold by a person moving from Maryland who can't carry them with him. They will be sold to no person unless willing, and the purchaser may have them on trial—also an active, stout, handsome mulatto BOY aged 14 years, who is an excellent waiter—an accommodating credit will be given; apply to HENRY SUTTLE. Eight or Ten valuable men to hire, apply as above. Georgetown, Jan. 9-4t
FOR SALE, one undivided third of that most valuable estate, held in common by Messrs. Joshua Collins Mathaniel Allen, and the heirs of Samuel Dickenson, deceased, commonly called the Lake Company. The said estate consists of 5300 acres of land, in Washington, North Carolina, lying between the canal and Long acre, bounding on Lake, Phelps, Pungo Lake, and the head of Pungo river. Also 5000 acres of Land in Gum Neck, near Little Allegator river, in Tyrrell county. The above lands are equal if not superior for fertility of soil, to any land with in the state: no part of them are subject to freshes or overflows from said Lakes or Rivers; but a very considerable part may be laid under water or kept perfectly dry, at pleasure, by means of said canal. This canal formerly cut by said company to join the waters of Lake Phelps among Scupper river is 20 feet wide, 6 feet deep, and affords an excellent navigation the distance of 6 miles, on one side of the first tract; on it and on the Lake is the plantation containing about 250 acres of cleared land in a high state of cultivation. The produce in general is for one acre, in wheat, about 30 bushels, in rice from 50 to 60. do. and in Indian corn in good seasons about 63 1/2 do. taking the whole crop together. In dry seasons hemp has been very productive. On the plantation is a rice machine in complete order, in a building 72 feet long, 42 feet wide, and 4 floors high. Also a grit-mill with a pair of stones for corn, and a pair of stones for wheat, with two bolting cloths, &c. Also a threshing machine in excellent order. There is a saw mill which is now repairing, to carry one saw, and is intended to be in the same frame with a merchant mill to carry 3 or 4 pair of stones for manufacturing flour, &c. There is a good dwelling house two stories high, and all sorts of out houses, besides two barns and stables, &c. There are 63 negroes above 12 years of age, amongst them are tradesmen of different kinds—Also 33 negroes under 12 years of age. There are carpenter's cooper's and blacksmith's tools, besides every kind of plantation utensils, in good order. Horses, hogs, sheep, and about 200 head of cattle, three large flocks for the use of the canal &c. The medium crops when making rice and corn, is from 220 to 280 casks of rice, 600 lb. gross each, from 3 to 600 barrels of corn. To when making wheat, from 160 to 190 casks of rice, from 3 to 400 barrels of corn, 1300 bushels of wheat. Lumber from the saw mill when employed with two saws, has sold from 2500 to 3000 dollars yearly, at 12 1/2 per M. Flax cotton and hemp are not included. The rice has sold from 3 to 6 dollars per hundred, these several years past. Were there 40 hands more on the plantation, the profits might be reckoned at least one third, if not one half more, for each hand, and for as many more as could be put on it. Certified by THOS. ROTTER, Superintendent. Mr. Nathaniel Allen, of the town of Edenton, and one of the company, being desirous to sell his interest in said property, had authorized the subscriber to dispose of the same, in his behalf, and has put into his possession all the necessary documents for the information of the persons desirous or inclined to purchase; the terms of payment, are one fourth down, on the execution of the deed or deeds of conveyance, the remainder at two annual and equal payments, to be secured in the most unexceptionable way. The manner in which said property has been managed since the year 1787, when the company was formed, makes it a most desirable acquisition to gentlemen of capital, and by far outweighs the inconveniences attending property held in common, as a superintendant having the management and direction of the whole, with one or two overseers under him, renders it unnecessary for the proprietors to be at any farther trouble, concerning said estate, than an annual settlement. It will further appear by the above statement furnished from the company's books by Mr. Trotter, the present intendant, that the yearly produce of 250 acres now under tillage amounts to between 8 and 10,000 dollars annually, and that were 40 or 50 more working hands put on that said estate, the profits would nearly be double, with hardly any additional expense, as a much larger quantity of land might be laid under cultivation, with nearly the charges of the present farm. Any application by post to the subscriber, who resides near Plymouth, Washington county, North Carolina, or to Mr. Allen himself, or Mr. Stephen Cabarrus of Edenton, will be duly attended to, and any further information, if required will cheerfully be imparted. JOHN ROULHAC, Atty. at Law Plymouth, N. C. Oct. 16, 1804-2m
See Guthrie's Geography improved 2d volume, page 516 Philadelphia edition April 1795. Nov. 23.
To be Sold by Auction. ON Wednesday the 6th day of February next, in virtue of my power I will expose to sale at Mr. Steele's hotel near the Capitol, the hour of sale twelve o'clock A.M. the Lot No. 1, in square No. 377 and also a capital three story house the property of John Crocker together with all the improvements thereon, for cash—the premises may be seen on the spot, and for any further particulars enquire of me THOMAS LAW. Washington Jan. 9-2awim
FOR SALE. A Tract or parcel of land, containing one hundred thousand acres, surveyed in tracts of one thousand acres each, lying on the great Satilla and St. Mary's rivers in the counties of Wayne and Telfair in the state of Georgia, distant about 40 miles from the town of St. Mary's and the sea. This land is an undivided moiety of two adjoining tracts containing each 100,000 acres, and is remarkable for its extensive forests of large and valuable yellow pine, and the abundant growth of natural grass, affording an inexhaustible range of pasture for cattle. It is also favorable for the culture of cotton, and lies in a very healthy district of country. A great bargain may be had to a purchaser of the whole undivided moiety; for terms of sale apply to JOHN BECKLEY. City of Washington. Sept. 12-3t