The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1802-03-22 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
Vol. II.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCXIV.
FIVE DOLLS. PER ANN.
MONDAY, MARCH 22d, 1802.
PAID IN ADVANCE.
National Intelligencer.
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES.
TUESDAY, February 23,
DEBATE
On the bill received from the Senate, entitled "An Act to repeal certain acts respecting the organisation of the courts of the United States."
[Mr. HUGER's Speech concluded.]
[Extracts from Judge Tucker's Lectures continued.]
"And here we cannot but observe, that the judiciary power cannot of itself oppress the citizen. The executive must lend its aid in every case, where oppression can ensue from its decisions; but its decisions in favor of the citizen are carried into instantaneous effect, by delivering him from the coercion of the executive officer; the moment that judgment of acquittal is pronounced, and herein consists the excellence of our constitution, that no individual can be oppressed whilst this branch of the government remains uncorrupted; it being a necessary check upon the encroachments of power by either of the other. Thus, if the legislature should pass a law dangerous to the liberties of the people, the judiciary are to pronounce not only whether the party accused be guilty of a violation thereof, but whether such law be permitted by the constitution. If, for example, a law were passed prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people to assemble peaceably, or to keep and bear arms, it would be the province of the judiciary to decide that the power of the legislature did not extend to the making of such a law, and consequently to acquit the prisoner from any penalty, which might be annexed to the breach of such an unconstitutional law."
"Should he be persecuted by the executive, it is the province of the judiciary to decide, whether there be any law that authorizes the proceedings against him, and if there be none, to acquit him not only of the present but of all future prosecutions for the same cause. The power of pardon, which is vested in the executive, constitutes a proper check on the judiciary in its turn. On this circumstance, however, no great stress can be laid, since in criminal prosecutions the executive is in the eye of the law, always plaintiff, and where the prosecution is actually carried on by its direction, the purity of the judiciary is the only security for the citizen. The judiciary, therefore, are that department of the government, to whom the protection of the rights of the citizen is by the constitution especially confided, &c."
"Such, sir, are the sentiments of this learned and enlightened judge; a gentleman, as I before observed, avowedly and well-known to be of the political party of the other side of the house. And let me ask, whether it be possible to bring on any subject, an authority more to the point in dispute; or whether Mr. Tucker could have expressed, in terms more forcible and less equivocal, his opinion in favor of the doctrine we advocate, viz. that the judiciary is a distinct and separate branch of the government, and that it is equally and absolutely independent, as well of the legislature as the executive, or of both united. Such, too, I contend and firmly believe, to have been heretofore the approved and generally received doctrine of the American world, and such appears to me to be the language which the people of America have spoken, as well in their state constitutions, as in our federal compact. Will you permit me, sir, to turn to these constitutions and see what is the plain language they hold on this subject."
"In the bill of rights, prefixed to that of New-Hampshire, I find these words, to wit, 'The three essential powers of government, viz. the executive, legislative and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit.' In another section, 'It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, that the judges should hold their offices so long as they behave well.' These provisions were, I believe, borrowed from, and are to be found nearly verbatim in the constitution of Massachusetts. In New-York,
Pennsylvania and Delaware, I find these three branches separated from the same care, and the judges declared to hold their offices during good behaviour. The constitution of Maryland expressly provides "that the executive, legislative and judicial powers of the government ought to be forever separate and distinct from each other, and that the judges ought to hold their commissions during good behaviour." In the constitution of the state of the Virginia, I find the same sentiments, to wit, "the legislative, executive and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other;" and I find it further provided, that the judges shall continue in office during good behaviour. But it would be superfluous to encroach longer on the patience of the committee, by other examples from the state constitutions. They all of them establish the complete separation of the three great branches of government; all of them inculcate, more or less strongly the independence of the judiciary on the other two branches, and with one or two exceptions, all adopt the tenure of good behaviour, as that, under which the judges are to hold their offices. In this place, therefore, it may not be amiss to say a few words with respect to this tenure, to examine how far it extends."
To an unprejudiced mind—to a man of plain, but sound understanding, making up his opinion from the usual meaning and common acceptance of words, it would I think appear, that a right or power, given to be held and exercised during good behaviour, would, and ought to be retained by the person, on whom it was bestowed, so long as he continues to behave well, nor could he forfeit it otherwise than by behaving ill, i. e. ceasing to behave well. It is now contended, however, that we are not to judge of the force and effect of these words, according to their plain meaning and common acceptance. We are told, that the words "holding during good behaviour" compose a technical phrase, and that in order to apply them correctly, we must cast our eyes across the Atlantic, and see what is their operation in England, the country from which we derive them."
Mr. Chairman, it has not been my good fortune to be initiated in the mysteries of the law. I am no professional man; nothing more or less than a plain farmer, or to use a more appropriate term of my native state, a plain and (I trust) honest planter. I cannot hope, therefore, to throw much light on a legal question; nor do I feel myself adequate to the discussion of legal terms & niceties. I will, nevertheless, claim the indulgence of the committee whilst I make a few observations on the subject, even in this point of view."
In the earlier stages of the English, as well as many other European governments, the King sat and administered justice in his own immediate person. This state of things, however, neither could nor did last for any very considerable length of time. It was soon found expedient to dispense with the personal attendance of the prince, and the administration of justice devolved on certain substitutes, who were still supposed to represent his person, acted in his name, and held their offices at his pleasure. As the darkness and ignorance of the middle ages were dispersed, and the inhabitants of Europe became more enlightened, the feudal chiefs in the first instance, and afterwards the people generally, increased in power, and procured to themselves certain rights and charters. By degrees they came also to participate in the legislation and government of the country. But the laws were still interpreted and justice administered by the creatures of the crown; and experience sufficiently proved, that whilst the judges were left at the mercy of the prince, they would invent modes and find evasions, by means of which the will of him on whom they depended, might be carried into execution. The necessity, therefore, of establishing the independence of the judges became evident, and the people of England, after a long struggle, succeeded in carrying this point. The judges, instead of holding their commissions durante bene placito, during pleasure, as heretofore, received them under a new tenure, quam diu bene se gesserint, during good behaviour; nor could the King any longer remove them, except on an address from both houses of parliament. This was all that was necessary; all that was required—all that could be done; for, as the two houses of parliament and the crown united, possess what has been styled political omnipotence, as they act not only in the confined sphere of agents, bound down by certain fixed rules and a written constitution, but are supposed
also to represent the nation in its original capacity, there is nothing so sacred under this system of government, which they cannot and do not control and alter at their pleasure and discretion. The judiciary continues, nevertheless, in that country, to be a subordinate department; the judges continue still to hold off, and from the crown, to administer justice in its name, and are supposed to be an emanation from the regal power. The courts are still called the King's courts. The judges the King's judges. This being the case, as respects the King's power and prerogatives in England, Gentlemen now bring forward the monstrous doctrine, that the executive stands precisely in the place of the crown, and imply that the judiciary are placed in precisely the same relative situation with respect to him, as that of England is to the crown."
And is this really the case, Mr. Chairman? Is the judiciary of the United States really subordinate to the executive? Do the judges indeed hold, as the gentleman from Virginia [Mr. Giles] tells us, of and from the President; that very President, at whose trial, in case of impeachment, one of them is to preside; do they indeed administer justice in his name? Does their power emanate from him? Are the federal courts the courts of the President, the federal judges, his judges? No, Sir, the federal courts are the courts of the United States. Justice is administered in the name of the United States. The judges are only known, as judges of the United States. They hold their commissions of and from, and act under the authority of the United States. What is then the fair inference; against what power under our constitution was the tenure of good behaviour intended to operate? I lay, Sir, the fair and honest inference is, that this tenure was intended as a limitation and restraint against the United States in its corporate capacity; that is, against the government of the United States, which in fact and in truth, are placed in the same relative situation with respect to the judiciary, in which the crown stands in that country of which we have been speaking. The native citizens of America, Mr. Chairman, are a plain but shrewd people, of sound and distinguishing minds, and possessed of their full share of common sense. They are not apt to do things idly, to adopt measures, which mean nothing, and are of no avail. When therefore, they adopted this tenure, it is but paying them a poor compliment to suppose, that they intended it to operate only against that branch of the government, which did not possess the powers and prerogatives, against which the check was originally aimed and directed in the country from whence we are supposed to borrow it. They looked not, Sir, to the crown, but the substance; they regarded not the name or the title, but the thing itself; they meant not to combat a shadow, a nonentity, but to limit and contract the power itself, in whatever branch it might appear to have been deposited under the constitution, and which possessing, or assuming the prerogative of the British crown, might be disposed to make the judiciary a subordinate department of the government, or to affect the independence of the judges. Whatever branch therefore of the government assumes this power, from whatever quarter the attempt is made to render the judiciary subordinate to its will and pleasure, and to infringe the independence of the judges; this constitutional barrier flares them in the face; and upon a fair and honest construction of the tenure, under which the people have willed, that the federal judges should hold their commissions, they can only forfeit them, (whilst the constitution lasts, or until the people think proper to alter it) they can only forfeit them by ceasing to behave well; they can only be deprived of them by impeachment."
That this is the construction heretofore given to the tenure of good behaviour in the American world, may I think, also be proven by a further reference to the state constitutions. In those of New-Hampshire, and New-York, it is expressly declared, that the judges, who hold their offices during good behaviour, shall not continue in them after reaching a specified age; 60 or 70 years; and in that of Massachusetts, that the governor with the consent of council may remove the judges, holding under the same tenure upon the add of both houses. Here I lay, in the first instance, the exception proves the rule. If the judges were not to hold their offices (but for this exception) during their lives and good behaviour; to what end, with what possible view was the exception as to age intro-
duced. In the latter case; if the other two branches have, (as is contended) in the nature of things, and of course, the right of deranging and the power of depriving the judges of their offices, why was the proviso adopted? What necessity could there have been to grant this power expressly to them in the constitution? Is it not fair and correct to imply from this proviso, this express grant; that in the opinion of the framers of that constitution, the legislature would not otherwise have possessed the power therein given? Again; in the constitutions of Pennsylvania, Delaware, &c. it is provided, that the judges shall hold their offices during good behaviour, (subject however to impeachment;) but for any reasonable cause, which shall not be a sufficient ground of impeachment, the governor at his discretion may remove any of them on the address of two thirds of each branch in Pennsylvania, and in Delaware on the address of two thirds of all the members of each branch of the legislature. Now, Sir, does not the major include the minor. If then, it was contemplated by those, who framed these constitutions, that a simple majority of the two houses could pass a law, which would to all intents and purposes derange and remove the judges from office, why in the name of common sense require, as we have just shown is done in the constitutions of Pennsylvania, and Delaware, an union of both thirds of all the members of both branches of the legislature to effect the same thing, viz. the removal of the judges.
Far however, as these examples go to show the effect, which this tenure was supposed to have in restraining the power, as well of the legislature as the executive, the point is still more triumphantly and unanswerably proven in the case of those States, in whose constitutions no specific mode is provided of removing the judge, except by impeachment, and in which the executive neither exercises nor has the power of removing an intumbent from office. Such is for example, the case in North-Carolina, and in the State I have the honor immediately to represent. Here the judges are chosen by joint ballot of both houses, and hold their offices during good behaviour. The executive however, neither does nor can remove any civil officer from office, who holds a commission at pleasure. Did the judges, therefore, hold under this inferior tenure, they would be still out of his reach, beyond his authority and control, yet the constitution declares, 'they shall hold their commissions during good behaviour.' Why then is this particular tenure secured to them by the constitution? In whose hands is the power placed, against which it is intended to operate and secure them? Certainly not in the hands of the executive, for we have just seen, that he cannot remove from office even in cases, where the commissions run 'during pleasure.' If anything therefore is meant by this provision in the constitutions of these States, the intention and object must have been thereby to limit and restrain the power of the legislature; and as I have never yet heard it contended, that a public officer, holding during good behaviour, could be turned out of office by a simple vote or resolution of the two houses, it follows, that this tenure was adopted to prevent them from doing the same thing by a side wind, by deranging the individual thus secured, and taking his office from him.
From this hasty review of the State constitutions, it would appear, that in the general received opinion of the American people, the tenure of good behaviour, where no express provisions to the contrary were introduced in their State constitutions, went to secure the independence of the judges and their continuance (the very term made use of in the constitution of Virginia) in office, equally against the attempts & encroachments of the legislature and executive.
The wise men, who framed our federal compact were perfectly aware of this. The state constitutions were all before them. They were well acquainted with the sentiments and opinions of the people in every part of the continent. They deemed it, however, most expedient to omit the various exceptions, contained in the several state constitutions; and in establishing the federal judiciary, they carefully provided, that the judges, both of the supreme and inferior courts, should hold their offices under the pure and simple tenure of good behaviour, subject to a possibility of removal from office in no other way under the constitution, save only by impeachment. So far were they, indeed, from intending, that a bare
majority of the two branches of the legislature, uniting with the executive, should have the important and effectual power of deranging and getting rid of the judges, by putting down their offices; that they would not even trust them with the much inferior power of reducing their salaries; but expressly provided, that the salaries of the judges should not be diminished during their continuance in office. In the only instance, in which they grant the power of removal, viz. by impeachment, they avoid giving the executive any agency whatever in the business; they suspend all the legislative functions of the senate and house of representatives, and introduce them entirely in a new character, by making of the latter a body of accusers, and converting the senate into a court of justice. They go further, and from abundant caution provide at the same time in cases of impeachment, that no person shall be convicted without the concurrence of two thirds of the members of the senate, before whom he is impeached.
But granting for a moment, that the tenure of good behaviour was intended more immediately as a check against the executive; whence, I pray you, does the legislature obtain the right of disregarding this check, and removing the judges in spite of this express limitation of any and every such power? Will any one contend, that they can exercise a power not given them by the constitution? If not, I repeat the request of the member from Pennsylvania, (Mr. Hemphill) that gentleman will turn to the page and point their finger to the clause, which gives even the semblance of any such power to the legislature alone, or united with the executive. And if, as is the fact, no such power is given in the constitution, I ask with the same gentleman, how this committee can possibly get over the provisions contained in the 10th amendment to the constitution, viz. "The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people."
In the face of all this, and contrary to the practice, which has heretofore invariably prevailed as well under the state governments, as that of the union at large, gentlemen now tell us, that the members of this separate, distinct and co-ordinate branch, are left at the mercy of every political gale that blows, and subject to the whim and caprice of every party, which may chance from day to day to predominate in the other two branches of the government.
The error of this novel doctrine seems to me, Sir, to arise from an impression on the minds of gentlemen, which leads them to suppose, that as the executive and legislative branches are elected by and therefore presumed to be the more immediate representatives of the people, they are in fact one and the same with the people, and possess all the powers of the great body of the nation in its original capacity. They forget, in how narrow and limited a sphere they are delegated to act, assimilate themselves to the parliament of Great Britain, and would fain assume the political omnipotence, which is supposed to vest in that body: or to express my idea still more clearly, and in American language, they regard themselves, not merely as sitting here in a legislative capacity under a written constitution, but as possessed of the much higher and more important powers of a convention. But will any one at this time, whatever may be done hereafter, come boldly forward, and openly avow this doctrine. No, Sir, the fact is far otherwise. We are nothing more or less than the mere agents of the people, empowered to transact the current business of the day; honored it is true, by the confidence and trust they place in us, but bound down by written rules or instructions, and under an obligation to move within a confined sphere and within narrow and specified limits. The constitution is the power of attorney, under which we act, and I might as well be told, that an agent empowered to dispose of my personal, had of course a right to do the same with my real property; as that we are to judge of the expediency and propriety of the quantum of power vested in this or that branch of the government by the constitution, and to make its express provisions bend to what we deem right, and what comports best with our own immediate purposes and wishes. When, therefore, the constitution says, art. 3d, sec. 1, "The judicial power shall be vested in a supreme court, and in such other inferior courts, as the congress may from time to time ordain and es-
(Continued on last page.)

[By Authority.]
AN ACT
Fixing the military peace establishment of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the military peace establishment of the United States, from and after the first of June next, shall be composed of one regiment of artillery and two regiments of infantry, with such officers, military agents, and engineers, as are herein after mentioned.
Sec. 2. And be it further enacted , That the regiment of artillery shall consist of one colonel, one lieutenant-colonel, four majors, one adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieutenant, two cadets, four serjeants, four corporals, four musicians, eight artificers, and fifty six privates; to be formed into five battalions: provided always, that it shall be lawful for the President of the United States to retain, with their present grade, as many of the first lieutenants, now in service, as shall amount to the whole number of lieutenants required; but that in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants until their number amount to twenty: and each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one serjeant-major, two teachers of music, and ten companies; each company to consist of one captain, one first and one second lieutenant, one ensign, four serjeants, four corporals, four musicians, and sixty four privates.
Sec. 3. And be it further enacted , That there shall be one brigadier general, with one aid-de-camp, who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken from the line of field officers; one pay-master of the army, seven pay masters and two assistants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commissioned officers, who, in addition to their other duties, shall have charge of the clothing of the troops; three military agents, and such number of assistant military agents as the President of the United States shall deem expedient, not exceeding one to each military post; which assistants shall be taken from the line; two surgeons; twenty five surgeon's mates, to be attached to garrisons or posts, and not to corps.
Sec. 4. And be it further enacted , That the monthly pay of the officers, non commissioned officers, musicians and privates, be as follows, to wit: to the brigadier general, two hundred and twenty five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, travelling expenses, or other perquisite or emolument, whatsoever, except such stationery as may be requisite for the use of his department; to the adjutant and inspector of the army, thirty eight dollars in addition to his pay in the line, and such stationery as shall be requisite for his department; to the paymaster of the army, one hundred and twenty dollars, without any other emolument, except such stationery as may be requisite in his department, and the use of the public office now occupied by him; to the aid-de-camp, in addition to his pay in the line, thirty dollars; to each paymaster attached to districts, thirty dollars, and each assistant to such paymaster, ten dollars, in addition to his pay in the line; to each military agent, seventy five dollars, and no other emolument; to each assistant military agent, eight dollars, in addition to his pay in the line, except the assistant military agents at Pittsburgh and Niagara, who shall receive sixteen dollars, each, in addition to their pay in the line; to each colonel, seventy five dollars; to each lieutenant colonel, sixty dollars; to each major, fifty dollars; to each serjeant, forty five dollars; to each serjeant's mate, thirty dollars; to each adjutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars; to each first lieutenant, thirty dollars; to each second lieutenant, twenty five dollars; to each ensign, twenty dollars; to each cadet, ten dollars; to each serjeant-major, nine dollars; to each serjeant, eight dollars; to each corporal, seven dollars; to each teacher of music, eight dollars; to each musician, six dollars; to each artificer, ten dollars; and to each private, five dollars.
Sec. 5. And be it further enacted , That the commissioned officers aforesaid shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel, six rations; a lieutenant-colonel, five rations; a major, four rations; a captain, three rations; a lieutenant, two rations; an ensign, two rations; a serjeant-major, three rations; a serjeant's mate, two rations; a cadet, two rations; or money in lieu thereof at the option of the
said officers and cadets at the posts respectively where the rations shall become due; and if at such posts supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts, and the position of the place in question; and each non-commissioned officer, musician and private, one ration; to the commanding officers of each separate post, such additional number of rations as the President of the United States shall, from time to time, direct, having respect to the special circumstances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each; and to every commissioned officer who shall keep one servant, not a soldier of the line, one additional ration.
Sec. 6. And be it further enacted , That each ration shall consist of one pound and a quarter of beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and an half of candles, to every hundred rations.
Sec. 7. And be it further enacted , That the following officers shall, whenever forage is not furnished by the public, receive at the rate of the following sums per month, in lieu thereof: each colonel, twelve dollars; each lieutenant colonel, eleven dollars; each major, ten dollars; each adjutant, six dollars; each serjeant-major, ten dollars; and each serjeant's mate, six dollars.
Sec. 8. And be it further enacted , That every non-commissioned officer, musician, and private of the artillery and infantry, shall receive annually, the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woolen and two pair of linen overalls, one coarse linen frock and trowers for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings, one blanket, one flock and chaps, and one pair of half gaiters: and the secretary of war is hereby authorised to cause to be furnished to the paymasters of the respective districts, such surplus of clothing as he may deem expedient, which clothing shall, under his direction, be furnished to the soldiers, when necessary, at the contract prices, and accounted for by them out of their arrears of monthly pay.
Sec. 9. And be it further enacted , That the President of the United States cause to be arranged, the officers, non-commissioned officers, musicians and privates of the several corps of troops now in the service of the United States, in such manner as to form and complete, out of the same, the corps aforesaid; and cause the supernumerary officers, non-commissioned officers, musicians and privates to be discharged from the service of the United States from and after the first day of April next, or as soon thereafter as circumstances may permit.
Sec. 10. And be it further enacted , That the officers, non-commissioned officers, musicians and privates of the said corps, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, or by such rules and articles as may be hereafter, by law, established: provided nevertheless, that the sentence of general courts martial, extending to the loss of life, the dismissal of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the President of the United States, who is hereby authorised to direct the same to be carried into execution, or otherwise, as he shall judge proper.
Sec. 11. And be it further enacted , That the commissioned officers, who shall be employed in the recruiting service, to keep up by voluntary enlistment, the corps as aforesaid, shall be entitled to receive for every effective able bodied citizen of the United States who shall be duly enlisted by him for the term of five years, and mustered, at at least five feet six inches high, and between the ages of eighteen and thirty five years, the sum of two dollars: Provided nevertheless, that this regulation, so far as respects the height and age of the recruit, shall not extend to musicians or to those soldiers who may re-enlist into the service: And provided also that no person under the age of twenty one years shall be enlisted by any officer, or held in the service of the United States, without the consent of his parent, guardian or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence, he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer.
Sec. 12. And be it further enacted , That there shall be allowed and paid to each effective able bodied citizen, recruited as aforesaid, to serve for the
term of five years, a bounty of twelve dollars; but the payment of six dollars of the said bounty shall be deferred until he shall be mustered and have joined the corps in which he is to serve.
Sec. 13. And be it further enacted , That the said corps shall be paid in such manner, that the arrears shall, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable.
Sec. 14. And be it further enacted , That if any officer, non-commissioned officer, musician or private, in the corps composing the peace establishment, shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the President of the United States for the time being: Provided always, that the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed for the highest rate of disability half the monthly pay of such officer, at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of compensation to non-commissioned officers, musicians and privates, shall not exceed five dollars per month: And provided also, that all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.
Sec. 15. And be it further enacted , That if any commissioned officer in the military peace establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a widow, or if no widow a child or children under sixteen years of age, such widow, or if no widow, such child or children shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow before the expiration of the said term of five years, the half pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided always, that such half pay shall cease on the decease of such child or children.
Sec. 16. And be it further enacted , That the paymaster shall perform the duties of his office, agreeably to the direction of the President of the United States, for the time being; and before he enters on the duties of the same, shall give bonds, with good and sufficient sureties, in such sums as the President shall direct, for the faithful discharge of his said office; and shall take an oath to execute the duties thereof with fidelity: And it shall, moreover, be his duty to appoint from the line, with the approbation of the President of the United States, the several paymasters to districts and assistants prescribed by this act; and he is hereby authorized to require the said paymasters to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties.
Sec. 17. And be it further enacted , That it shall be the duty of the military agents, designated by this act, to purchase, receive, and forward to their proper destination, all military stores, and other articles for the troops in their respective departments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the department of war. They shall account with the department of war, annually, for all the public property which may pass through their hands, and all the monies which they may expend in discharge of the duties of their offices, respectively: previous to their entering on the duties of their offices, they shall give bonds, with sufficient sureties, in such sums as the President of the United States shall direct, for the faithful discharge of the trust reposed in them: and shall take an oath faithfully to perform the duties of their respective offices.
Sec. 18. And be it further enacted , That if any non-commissioned officer, musician or private shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.
Sec. 19. And be it further enacted , That every person, who shall procure or entice a soldier in the service of the United States to desert, or who shall purchase from any soldier, his arms, uniform clothing, or any part thereof; and every captain, or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew, knowing him to have deserted or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer,
shall, upon legal conviction, be fined at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned any term not exceeding one year.
Sec. 20. And be it further enacted , That every officer, non-commissioned officer, musician and private, shall take and subscribe the following oath or affirmation, to wit: "I, A. B. do solemnly swear, or affirm (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies or opposers, whomsoever; and that I will observe and obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war."
Sec. 21. And be it further enacted , That whenever a general court-martial shall be ordered, the President of the United States may appoint some fit person to act as judge advocate, who shall be allowed, in addition to his other pay, one dollar and twenty cents for every day he shall be necessarily employed in the duties of the said court; and in cases where the President shall not have made such appointment, the Brigadier General, or the President of the court may make the same.
Sec. 22. And be it further enacted , That where any commissioned officer shall be obliged to incur any extra expence in travelling and sitting on general courts martial, he shall be allowed a reasonable compensation for such extra expence actually incurred, not exceeding one dollar and twenty-five cents per day, to officers who are not entitled to forage, and not exceeding one dollar per day to such as shall be entitled to forage.
Sec. 23. And be it further enacted , That no non-commissioned officer, musician or private shall be arrested, or subjected to arrest, or to be taken in execution for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment.
Sec. 24. And be it further enacted , That whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.
Sec. 25. And be it further enacted , That to each commissioned officer who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law, at the time of their discharge—to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three months pay; to all other officers, so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof.
Sec. 26. And be it further enacted , That the President of the United States is hereby authorised and empowered, when he shall deem it expedient, to organize and establish a corps of engineers, to consist of one engineer, with the pay, rank and emoluments of a major; two assistant engineers, with the pay, rank and emoluments of captains; two other assistant engineers, with the pay, rank and emoluments of first lieutenants; two other assistant engineers, with the pay, rank and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: And the President of the United States is, in like manner, authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so far as that the number of the whole corps shall, at no time, exceed twenty officers and cadets.
Sec. 27. And be it further enacted , That the said corps, when so organized, shall be stationed at West Point in the State of New-York, and shall constitute a military academy; and the engineers, assistant engineers and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such services, as the President of the United States shall direct.
Sec. 28. And be it further enacted , That the principal engineer, and in his absence the next in rank, shall have the superintendence of the said military academy, under the direction of the President of the United States: And the secretary of war is hereby authorized, at the public expence, under such regulations as shall be directed by the President of the United States, to procure the necessary books, implements and apparatus for the use and benefit of the said institution.
Sec. 29. And be it further enacted , That so much of any act or acts, now in force, as comes within the purview of this act, shall be, and the same is hereby repealed; saving, nevertheless, such parts thereof, as relate to the enlistments or term of service of any of the
troops, which, by this act, are continued on the present military establishment of the United States.
NATHL. MACON, Speaker of the House of Representatives.
A. BURR, Vice-President of the United States, and President of the Senate.
APPROVED, March 16, 1802.
TH: JEFFERSON, President of the United States.
AN ACT For the relief Francis Duchouquet.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be paid to Francis Duchouquet, out of any monies in the Treasury, not otherwise appropriated, the sum of two hundred and ninety one dollars, and eighty four cents, in full compensation for monies by him advanced to redeem certain American citizens captured by the Indians.
NATHL. MACON, Speaker of the House of Representatives.
A. BURR, Vice-President of the United States, and President of the Senate.
APPROVED, March 16, 1802.
TH: JEFFERSON, President of the United States.
Farming Lands for Sale.
THE Subscriber would sell about 1000 acres of the tract of Land whereon Dr. John D. Orr at present resides, in the county of Prince William, situated a few miles from the seat of the district Court, and within convenient marketable distance of the Occoquan Mills and Dumfries. It is of the first rate quality of soil, is abundantly supplied with wood and water, and has a large proportion of ground which is in a peculiar manner adapted to the growth of timothy grass.
Also the tract of land adjacent to the above, late the property of Mr. Thomas Swann of Alexandria, together with about 100 acres of woodland, of the above described tract, making about 1550 acres; the quality and advantages being similar to that. The first mentioned tract will be conveyed to the purchaser free from every incumbrance, a considerable payment in hand will be expected, and the lowest price per acre twenty dollars. Possession to be given the ensuing spring, with a retention of the growing crop of small grain, but the last mentioned tract will be sold subject to existing Leases for short terms of years, under strict covenants guarding against waste and injury of the property, &c. and subject to the purchase money which will be due for the same to Mr. Swann, with interest, in about 9 years. The payment required in hand is the remainder of the amount, about two thousand pounds; and the price per acre is eighteen dollars.
Also the reversionary interest in the Piedmont Tract, situated below the mountain called the Short Hill, in Loudoun county, consisting of several thousand acres, chiefly under Leases to the occupants, and forming perhaps the best settlement in Virginia, of the same extent, extremely well watered; improved with the best meadows and orchards, and peculiarly adapted to the use of the Plough of Paris. This Land will be sold in Lots consisting of one or more tenements, as may best suit purchasers, together with one or more Lots of woodland to be laid off on the S.E. side of the Short Hill for the convenience of any of said tenements that may be scarce of wood. There are several good mill sites upon this tract, which is not more than 55 miles from Alexandria and the City of Washington, and no part of it more than 15 miles from Leesburg. The price per acre will be various, according to the quality and advantages of the Land, and circumstances of the Leases, but an extensive credit will be given by instalments, upon receiving what it may be convenient for the purchasers to pay in hands. It is desired that persons wishing to purchase this property, will signify their intentions before the wood land is laid off.
Also two or three small Farms with every requisite convenience for immediate operation, in the counties of Jefferson and Frederick, and at various prices.
And several valuable building Lots, situated upon the Pennsylvania Avenue, in the City of Washington; some upon square 73, near the Six Buildings, and some upon square 38, besides other very valuable Lots in that City. Application to be made in person, or by letter, (post paid) directed to Charles Town, Virginia, to
FERDINANDO FAIRFAX. Shan. Hill, March 5, 1802. ep8w
NOTICE.
In the case of THOMAS WATERMAN, BANKRUPT.
WHEREAS a commission of Bankruptcy is awarded against Thomas Waterman, late of the City and county of Washington, in the District of Columbia, merchant; and the major part of the commissioners having, on due proof and examination declared him a bankrupt; the said Thomas Waterman is hereby required to surrender himself to the commissioners on Tuesday the 30th instant, on Wednesday the 13th day of April next, and on Tuesday the 28th day of April next, at 4 o'clock P. M. on each of said days, at the house of William Rhodes, in the City of Washington, ink-potter; then and there to be examined by the said commissioners; and to make a full and fair disclosure and discovery of his estate and effects. The creditors of the said bankrupt are to take notice, that at the second of the said meetings they are to come prepared to prove their debts and to choose an assignee or assignees. All persons indebted to the said bankrupt, or who have any goods or effects of his in their hands, are required not to pay or deliver the same to him, but to give notice thereof, to
JOHN BEWITT, Clerk to the Commissioners. March 17, 1802. 22W48

WASHINGTON CITY.
MONDAY, March 22, 1802.
The House of Representatives were engaged on Friday, in considering amendments offered to the bill to repeal the Internal Taxes. On the successive propositions submitted, there was considerable debate, which shall be hereafter given in detail. All the amendments, implicating the principle of the bill, were rejected by great majorities. Several amendments, confined to its details, were adopted; and at four o'clock the House ordered the bill to be engrossed for a third reading on Monday (this day) when an adjournment took place till Monday.
Table with 3 columns: Location, Langdon, Gilman. Rows include Portsmouth, Wolfborough, Concord, Pembroke, Hokinton, Henniker, Boscawen, Northwood, Pittsfield, Wakefield.
Majority for Langdon, 576. Ollipee, Northfield, and Dearing, unanimous for Langdon—also a great majority for Langdon in Merrimack and Goffstown.
On the 11th instant a fire broke out in Boston in the store of captain Joseph Ripley, which consumed that store and ten adjoining stores. The amount of property destroyed is said to be very great.
We have received the following from our correspondent at the Natches.
Natches, 21st Jan. 1802. HOUSE OF REPRESENTATIVES OF THE MISSISSIPPI TERRITORY.
JANUARY 20th, 1802. Mr. West, from the committee appointed for that purpose, presented the draft of an address, to his Excellency the President of the United States, which being twice read, was unanimously adopted, as follows;—to wit:—
AN ADDRESS From the House of Representatives of the Mississippi Territory, to his excellency THOMAS JEFFERSON, President of the United States.
SIR, In the course of a long, honorable, and useful life, your love for mankind and their rights, your wisdom to discern, firmness to pursue, and solicitude to promote the true interest of the American nation, have been eminently conspicuous, and while such virtues and talents have attracted our admiration and esteem, they could not fail to inspire a respect for, and confidence in, your administration.
In superintending the affairs of United America, and forwarding the welfare of your numerous constituents we are fully assured, that this Territory will occupy a due proportion of your cares, and on all proper occasions, will receive the fostering support of the general government.
No part of the United States, Sir, possesses more local advantages, than this District, and her advancement to prosperity promises to be speedy and certain; we acknowledge with gratitude, that under your paternal auspices, our prospects for political happiness have greatly brightened, and we anticipate with fond expectations the arrival of a period when this territory mature in age, strong in population, and rich in resources, will add still greater security and consequence to the American Union; and we flatter ourselves, that her present and future legislators will remain no less zealous and firm in the support of virtuous rulers, and virtuous measures, than in a strict adherence to constitutional provisions, and those republican principles which the patriots of seventy six had the greatness to conceive, the boldness to avow, and the fortitude to maintain.
We pray Almighty God, to prosper your administration, and extend to a life so valuable, the particular patronage of Heaven.
(Signed) H. HUNTER. Speaker of the House of Representatives.
Resolved that the above address be transmitted by the Speaker to his excellency governor Claiborne, who is hereby requested to forward the same, to the President of the United States.
Extract from the Journal. E. L. HARRIS, Clk. House of Representatives.
(A true Copy.)
Extract of a letter from a gentleman at Aux-Cayes, to his friend in Baltimore, dated Feb. 12.
"I have but one moment to write to you.—The French troops have landed at
the Cape and Port Republican. Unfortunately they have not yet appeared on our coast. But our brave and generous La Plume has declared in favour of the French, and determined to save us, contrary to the sanguinary orders he has received from Gen. Dessalines. Thus we are safe, at least quiet enough at this moment. I will not speak to you of the transactions at the Cape and Port Republican; you will be soon better informed than we are at present.
Extract of a letter from the Havannah, dated the 20th of February.
"Yesterday the Spanish frigate Solid arrived here from St. Domingo; and to-day four Spanish ships of the line, and one French frigate. The news brought by them is, that Toussaint has burnt the Cape, and fled to the mountains, leaving behind him military chest well filled. The commander in chief has offered a large reward for his head, and has issued a proclamation, that all those who do not lay down their arms, in three days, will be hanged when taken without distinction; and also, that any vessel taken in the act of supplying the insurgents with arms, ammunition, or provisions, will be treated as pirates.
Captain Teal, we are informed, brings information of the burning of the L'Archaye and part of Port Republican, by the negroes.
PHILADELPHIA, March 17. Yesterday arrived, Schooner Lydia, captain Brown from Cape Francois, which he left the 20th ult. By the Lydia we learn, that on the 18th of Feb. the French troops marched out of the town, and about four o'clock in the morning, attacked a large body of negroes on the plains, from whom they received one fire, and immediately rushed on them, and with the bayonet killed between 4 and 500, when the rest took to their heels. The French lost a general and 200 men.
The Custom-house is opened at the Cape and the American vessels were getting away as fast as possible.
By letters from the Cape, of the 20th February, received by the Schooner Lydia, captain Brown, it appears, that every thing was tranquil in that town, that the massacre, as mentioned in former reports, did not take place, that Mr. Lanchester was the only victim; that the army commanded by general Leclerc in person, had marched on the 19th against Toussaint; that the French had already in possession, Port de Paix, Port Republican, Port Dauphin, Cape Nicholas Mole, Jean Rabelle, and Santa Jago in the Spanish part of the Island, that the commanders of the three last mentioned places, had surrendered immediately to the commander in chief, and were by him, continued in their respective ranks, and employed in the army, that the administration will purchase provisions of every kind at the following rates, Flour 12 dols. per bbl. Pork 25 dols. per bbl. and Beef 15 dols. Capt. Brown had permission to depart, as he brought out a French commissary.
Extract of a letter dated Port Republican, Feb. 21st, 1802.
"From a detailed account of what has passed here, I refer you to my letter by the Schooner Orange (not come to hand) I shall only add, that the South is entirely pacified, and the whole of the whites saved, Leogane excepted. The rebels seem to be confined to from Gonaives to Lacahaye, which latter place is occupied by our troops. General Leclerc with 6000 men, is now on his march from the Cape, and is expected to make a junction here, after driving the enemy from their posts, which are on his way.
Another letter from the same place contains, in substance, as follows:
"The whole of the country round the Cape has been burnt, the districts of Limonade, Jacquey and Caracolle excepted, their respective commanders having refused to comply with Toussaint's sanguinary orders. He has retired to Gonaives, St. Marc, Arcahaye, Meribala, La Croix des Bouquets, Leogane and Baynet are reduced to ashes, and the whites massacred. Port-Republican escaped the like fate, because the keeper of the arsenal refused to give up the keys to the brigades, who wanted to set fire to the powder magazines; and of the promptitude with which the troops made good their landing. Five hundred inhabitants were already carried off, of those 300 have since made their escape and returned, but great apprehensions are entertained respecting the fate of the rest. Five hundred troops are marched down to Jacquey; divisions of the army are sent both from the Cape and Port-Republican, against Gonaives, in order to act in concert and attack Toussaint on all sides. Large numbers of blacks in the western part had come over and joined the French troops, who employed them in the van guard, and hopes are entertained soon to secure the chiefs of the blacks, who are, Toussaint, Dessalines and Christophe. The commander at Aquin had arrested that of Baynet, and sent him, together with a nephew of
Toussaint, whose commission was to see the work of destruction effected there, to Port-Republican, where they had arrived; the communication in the South was open; the commander at Jacquey had sent an agent to Port-Republican to make his submissions.
Other accounts state that Jeremie was saved by the spirited exertions of its inhabitants, so that no fears were entertained for the safety of the Southern department of the island.
Baltimore, March 18. Extract of a letter from a gentleman in Port-Republican, to his friend in this city, dated Feb. 12, 1802.
"On the 2d instant, six sail of the line and two frigates, with troops directly from France, hove in sight of this place. On the third the French general sent on shore one of his aids-de-camps with dispatches for Toussaint; the moment he landed he was put under arrest. The troops began to land on the 4th, about fourteen miles below this town; and in coming to it, took, without firing a gun, a fort called Bizaton. About sun-set they arrived at Leogane—a smart battle ensued, in which the whites lost between 100 and 150 in killed and wounded, but in the course of an hour repulsed the blacks; who took to the mountains and plains, burning all before them. They have assassinated all the whites both in L'Archaye & Leogane. The burg of Croix de Bouquet was burnt and 400 out of about 600 of its inhabitants missing—supposed to have been murdered; some few have come in with from eight to fifteen bayonet wounds in their bodies. One had half of his jaw cut away by the stroke of a sword. Neither the hills of Leogane nor L'Archaye can at this moment be seen for the smoke arising from sugar plantations now on fire. Provisions are rising daily. From the 6th instant, flour has risen from eight dollars to sixteen; pork from eighteen to thirty; and all others in proportion.
"The two brigands, Toussaint and Dessalines, are going through the country like roaring lions, burning, killing and destroying. They returned without the French aid-de-camp—it is supposed he has been murdered with the rest of his unfortunate companions."
Charleston, March 6, 1802.
Capt. Marden, arrived yesterday from St. John's, East Florida, informs, that in consequence of the predatory war now waged by the Indians under the direction of Bowles, the residents on St. John's river were removing their property as fast as possible; and the settlements were nearly deserted. About three weeks since, three Chehaw Indians, (a town on the American line) were killed near Ford's Bluff, by a scouting party; and the day before capt. Marden failed, a party of Indians came down, and plundered one of the plantations—they were pursued by a detachment of Spanish troops from St. Augustine, overtaken, and fired upon. The troops succeeded in recovering the property; and it was supposed severely wounded many of the Indians, the traces of much blood being visible; three of the Spaniards were also wounded.
Bowles had declared to Mr. Fatio, who had gone in search of his negroes, that his principal object in declaring war, was to obtain plunder; that he had directed the Indians to shed no blood, but to take as many prisoners as possible, with the view of being well paid for their ransom.
New York, March 15. Extract of a letter from an officer on board the United States Frigate President, Commodore Dater, to his friend in N. York, dated Toulon, Dec. 23.
"We proceeded, as I wrote you, from Malaga to Algiers—from thence to Minorca, where we lay twelve days; after which we got under way to proceed to the United States; but unfortunately for us, as we were coming out of the harbor of Mahon the ship having about six knots way upon her, the truck upon a rock—the shock was great—almost every person on board thought she was going to the bottom; however we proceeded on, until we got clear of the harbor. The commodore called a council of officers, who were of opinion we might proceed in safety; but that night came on a very severe gale, which continued with little intermission for four or five days, during which time we were several times alarmed with a report that the ship had sprung a leak, although without foundation. He, however, not knowing the damage he had sustained, determined to bear up for this place, where we arrived on the 6th inst. We are now in dock, with the ship stripped, and disembarking our stores, in order to heave the ship down, which we shall not be ready to do before the 1st of Jan. if then, after the damage has been repaired (which is much more considerable than we at first thought) it will be from the first to the middle of February, before we shall be ready to leave this port; so that you must not expect us in the United States much before the first of April.
New-York, March 16. French papers to the 1st February, inclusive, were received at the office of
the Mercantile Advertiser last evening by the brig Clio from Bourdeaux. They are filled principally with local circumstances, interesting only in the interior of the Republic.
Buonaparte has arrived at Lyons, to attend the deliberations of the Consulta. He has been everywhere received with the liveliest demonstrations of joy; and is represented as devoting much of his attention to the revival of commerce and manufactures. He has signified his determination to visit most of the principal cities of France for this express purpose.
The Definitive Treaty of Peace with England was not signed; though this "desirable event," as the Paris papers express it, was hourly expected.—The British Government had two frigates at Plymouth who were ordered to hold themselves in readiness to carry the intelligence, as soon as it should be known, to the Cape of Good Hope and the East and West-Indies.
Governor Wall, whose apprehension we mentioned some time ago on a charge of murder, committed whilst he was in possession of his office in the year 1760, was tried at London on the 14th January, found guilty, and sentenced to be hanged.
The following are the principal articles in the papers we have received:—
PARIS, 21st Jan. "They write from Amiens, under date of the 16th instant, that Lord Broome, son of Marquis Cornwallis, is expected to return from London where it is said, he has carried the project of the Definitive Treaty.
"Many people are extremely impatient for the signing of the Definitive Treaty; and yesterday a report was in circulation that it had received the formal ratification of the King, and has been carried to France to receive that of the First Consul. They report also, that Lord Hervey, secretary of Lord Hawkesbury, was going to Amiens, charged with important explanations on several points which had occasioned delays in the progress of the negotiation. We hope his powers will be sufficiently extensive for settling all differences and bringing this important business to a speedy conclusion.
"According to letters from Cadiz, it appears that Admiral Linois has received orders to sail for the West-Indies with the squadron under his command, to co-operate with the expedition to St. Domingo.
Brest, Jan. 21.
The Batavian division being repaired and provisioned, will shortly set sail for its destination.
Le Zele and Le Tourville, will soon be ready to put to sea. It is said, two more ships will be equipped, le Fongeux and le Redoutable.
Letters from Toulon, received yesterday, mention, that admiral Gantheaume's squadron will speedily depart; his division is now anchored in the great road, only waiting a favorable wind to set sail—each ship carries from 4 to 500 troops. [Gourier de Br. 21.]
STUTTGARD, Jan. 17.
The news respecting the assassination of the Pacha of Belgrade is confirmed.—The Janissaries have divided his treasures amongst them; have respected his Haram, and chosen their chief for governor of the town. These troubles have engaged the court of Vienna to collect some troops in the neighbourhood of Semlin, to protect the hereditary states.
PARIS, Jan. 29.
Letters from Amiens, published in London, announce that the Definitive Treaty had been signed last week. The circumstance which gave rise to this report, is as follows:—On Thursday or Friday night, citizen Dupuys, secretary of the French legation, was sent for in great haste, to go to the Hotel of the Marquis Cornwallis, on very pressing business, which, however, did not respect the signing the treaty.
The winter in Europe has been uncommonly severe; in some places the fruit-trees have been destroyed, and many persons have perished. It has put a stop to labor, and the wretchedness of the poor in consequence has been greatly increased. There are 100,000 indigent persons in Paris, of which number only 5,000 receive benefit from the soup establishments.
LYONS, January 16.
Last night the city of Lyons, in the name of its Prefect and three Mayors, gave a superb entertainment to the First Consul—a concert, a brilliant illumination, a great collection of beauty, consisting of 1200 ladies, with a profusion of diamonds, formed a grand spectacle. The preparations for this Fete extended from the Hall of the Theatre, in which the Ball was given, to the place Bonaparte, including several orchestras. The First Consul discovered great sensibility at the attentions that were shown him. He continued about two hours in the ball room.
BOARDING.
Three or four Gentlemen can be accommodated with separate Rooms near the Capitol.—Apply to the Printer. March 19, 1802. ep3w
A VARIETY OF CHOICE
Garden Seeds, Just received and for sale, by JOHN GOULDING, Broker, Georgetown.
ALSO now landing, a few boxes of choice sweet ORANGES, other fruits, preserves and cordials; Ladies' elegant dresses, Gentlemen, Children, and Boys' ditto; a small supply of old wines; a box of handsome pewter milkpans, with sand boxes; a few boxes of best Havana segars, &c. &c.—Next house to the Post-Office. George-Town, March 22, 1802. ep3t
THOMAS HOLT,
HAS a variety of Garden Seeds, Fruit Trees, flowering Shrubs, Lombardy Poplars, Asparagus Roots, early Cabbage Plants, &c. for sale at his Garden, Laflam Branch. One or two Negro Boys would be taken for a short period to learn the gardening business. March 12, 1802. ep3t
NOTICE.
ON the 10th instant captain Naylor and the subscriber dissolved partnership in the Eastern Branch Ferry, and public House connected therewith. BASIL TALBERT. March 15, 1802. ep3t
FOR SALE.
I WOULD sell on reasonable terms, three or four hundred acres of Land, in the centre of my estate at Marlborough, on the Virginia side of the river Potomac, about 45 miles below the City of Washington, and 13 distant from Fredericksburg; the whole constituting a very desirable situation for a substantial Farmer, on a moderate scale. This tract extends for length, from Potomac river across the neck of Accokeek creek—it has most beautiful situations on the river for country seat; it has a fine Rock & Herring Fishery, and a landing that must be very valuable, as it is the only full water on the Potomac, that can be connected by land carriage with Fredericksburg. The soil is very rich, and it lies very well for cultivation, with a large bulk of the richest shell marle—part of it is a most valuable lime marl, from which 100 to 150 tons of good hay might be annually taken, a portion of this is ditched, and drained for timothy. The improvements are an overseer's house, barn and negro quarters. If not before sold by private contract, it will be offered at public vendue on the 20th of May, on the premises, (the seller reserving a bid) deliverable in the fall. Mr. William Hay, the present tenant, will show the premises to persons inclined to purchase. JOHN E. MERCER. Annapolis, Feb. 26, 1802. ep6w.
The subscriber respectfully acquaints the public, that he has removed to the corner of Ninth and B streets, where he continues to manufacture and sell all kinds of Ornaments for Chimney pieces, Door Caps, Frontispieces, Metal Safes, &c. which may also be had at his store No. 51, Barclay Street, New-York, and to Mr. Wild's store, Market Street, Baltimore. GEORGE ANDREWS.
Who has gold leaf for sale by the package or book. May 8, 1801. 17
For sale, or to be rented.
A House and lot on the Capitol Hill—the lot is 20 feet 2 inches on Delaware Avenue, and about 190 feet deep extending back to a 30 feet Alley. The House is a handsome well-finished convenient three story brick house, containing 2 tested parlors, 5 chambers, 2 parlors—kitchen with a pantry and cellar. It is directly opposite to the Buildings of WASHINGTON, occupied by Gen. Dearborn, near adjoining to a number of houses belonging to Mr. Carroll, rented to Mr. Dalton and others. From its vicinity to the Capitol, it is well calculated for a private family; or a person attached to the offices of the Federal Legislature.—Adjoining is a lot of about 40 feet front on June Avenue, and running same depth back, (the whole under a good post and rail fence) which, if required would be sold at same time. If rented, the Tenant may have the title of the whole of the lot, which would make an excellent garden, having a South and Eastern exposure, as long as convenient to the proprietor. This property would be sold a Bargain for satisfactory payments, or well secured property in Philadelphia would be taken in exchange. Apply to Benjamin Burch, New Jersey Avenue or to the Editor of the National Intelligencer—or to Karrick and Percival, Philadelphia. Nov. 21. 17.
FOR SALE.
TRACT of land containing 2,500 acres lying immediately on the river Potomac, in the county of Northumberland, Virginia, late the residence of PRESLEY THORNTON, Esq. Seventeen hundred acres of which are of the most valuable kind of low grounds on the river; between three and four hundred acres heavily timbered, the remainder is wavy high land extremely productive. The toll of this tract is equal to any in the state for cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious two story brick mansion house and two offices, a large brick stable, a valuable barn, cow house and many other out houses, all in good repair. The orchards and garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Alexandria, Baltimore or Norfolke—There are two good mill ponds for grist, or saw-mills on this estate, and plenty of cedar and chestnut timber, exclusive of the heavy timber, which if sawed up into scantling will command a price in the City of Washington, nearly equal to the value of the land. The terms will be made easy to the purchaser or purchasers, and the tract will be divided into two or more plantations if necessary.—Apply to RICHARD PETERS, junr. No. 85, Walnut Street Philadelphia. Philadelphia, Nov. 11. ep3t

(Continued from first page.) bliss," I contend such must necessarily be the organization of the federal judiciary. When it goes on and provides in the subsequent part of the same section, that the judges both of the supreme and inferior courts shall hold their offices during good behaviour, it boldly affirms, that such only can be the tenure under which they can hold their offices; nor have the government any other means of getting rid of them than that pointed out by the 4th sec. 2d art. viz. impeachment. The legislature and executive, whether acting separately, or in unison with each other, have no more constitutional right to evade or contravene the fair and honest meaning of the express tenure, i. e. good behaviour, under which the judges hold, and to derange or displace a judge either of the supreme or inferior courts, whilst he continues to behave well, than they have to diminish the number of years, during which the executive now remains in office, or to encroach that, for which the members of the senate and house of representatives are at present elected.
I am not only, however, Mr. Chairman, strongly impressed with the conviction, that the framers of the federal constitution intended to secure the absolute independence of the judiciary, as well against the power and control of the legislature, as the executive; but humbly conceive, according to my weak judgement, that they have wisely done so. We have indeed, heard a great deal of rhodomontade about the dangers, which were to be apprehended from an independent judiciary. We are threatened with an army of judges, and some gentlemen, whom neither the roar of cannon, nor glistening of steel could ever appear, begin already to tremble at the idea of facing a few decrepit old men, seated on the bench of justice. This is the first time, Mr. Chairman, I must confess, that I have ever heard the independence and consequent impartiality of the judge, could give alarm to honest men, strong in the rectitude of their intentions and conduct. To the guilty, indeed, I had been taught to believe, such a tribunal, before which party influence and the power of friends could afford no protection, was truly awful. The conscious culprit might well tremble, might well dread to appear before a tribunal of this kind. But reverse the position. Destroy the independence of the judiciary—let the judge depend on the nod of the legislature, or rather of the party, which may for the moment prevail in the legislature—and of what avail will innocence itself be to the accused. Can his innocence protect him against the power of his oppressor, armed with the whole force of the government, and on a complaint with whom the judge knows his subsistence to depend. Alas! sir, they are little acquainted with human nature, who suppose, that in such a state of things innocence would avail ought. Those, who have power will use it—will command. Those, who are subject to and feel the effects of that power, must obey and will forget right. From an ex post facto law, from a suspension of the habeas corpus in time of peace, from a bill of attainder, from any other act of violence, however unconstitutional, on the part of the executive and legislature, where are we to look up for relief? To what tribunal are we to apply for the protection of our persons and our rights against the predominant faction, or leaders of a faction—against the rage and violence of party zeal and party animosity—if this tribunal, instead of being a barrier, behind which the weak may take shelter, is to become the tool of those in power, and to be made use of, as the instrument of their persecution and oppression? In contests between individuals of different states, between the different states themselves—what reliance will be placed in the federal courts, when deprived of their constitutional independence? What confidence could one of the smaller states—Delaware for example, placed as she now is in the minority, and exposed to a contest of rights with the great and powerful state of Virginia, possessed of the preponderating influence, she avowedly has at this moment, in the two branches of the legislature, and having one of her immediate citizens at the head of the executive department—What confidence could the state of Delaware place in the impartiality and justice of the national tribunals; if those, who are to preside in them and decide on their conflicting claims, are to be dependent on the legislature and executive, and of course on the nod and pleasure of Virginia, the most powerful of the parties concerned? What must necessarily, sir, be the consequence of such a state of things? Must it not—will it not give rise to jealousies, and excite the fears and apprehensions of the least powerful states? Will they not be seeking out for some other protection, some greater security for their rights; and must not the want of an independent tribunal, in which all parties might equally confide, drive the weaker into compact for their mutual protection against the encroachments of the larger and most powerful states? The next step is an appeal to arms, and a civil war follows. Such must be the natural course of things. Such has been the invariable
effect, produced by the same causes among other nations. And I hesitate not in saying, that between an independent judiciary; constituting a tribunal, which can control the unconstitutional attempts of the other two branches of the government, which dares without dread or fear, to deal out justice with an impartial hand, between the weak and the strong, the great and the small; between such a tribunal and the bayonet there remains no resource or alternative.
The great object of government, Mr. Chairman, is, to provide against danger from abroad and to ensure protection at home. For these purposes adequate powers must be lodged some where. Place them in what hands you please, dispose of them, as you will—still you are exposed to the risk of their being abused, and converted to improper ends. In those governments, which approach nearest to monarchy, the powers of the executive, will of course preponderate. In proportion on the other hand, as a government verges more or less to democracy, will the powers of the government vest more or less in the popular branches of it. To them that these branches are liable to error, and will abuse the powers entrusted to them, as well as the executive, cannot be at this day necessary. The experience of every gentleman who hears me, must convince him of this fact. Every page of history equally corroborates it, and proves beyond all doubt, that in the most popular governments power is at times abused, and injustice and tyranny carried to the most unjustifiable lengths. The American people from one end of the continent to the other, are well convinced of these truths. Hence the care and anxiety, with which they have separated and balanced the powers vested in different branches of their state governments. Hence the limitations and checks they have introduced with so much caution in their state systems. The judges, who were drawn together from every part of the union, and who framed the federal constitution, knew equally well; that the powers, necessary to provide for the common defence against foreign invasion, no less than to ensure domestic tranquility, were liable to abuse, might be converted to improper uses, in whatever hands they were placed. These wise men, therefore, endeavored to steer a middle course, and to divide & balance in various ways, the powers, given for these purposes. They deposited such power with the executive, as was sufficient to carry the laws into execution, and to give energy to the national force in times of danger. They gave him a temporary & limited control over the proceedings of the legislature as well to protect his own rights, or to check in some degree that fervent zeal and headlong impetuosity, to which all numerous bodies are more or less subject. With the same view of ensuring greater moderation and reflection, and a mutual check on each other, they divided the legislature into two distinct branches. Still the history of other nations, the experience of past ages taught them, that all this was not sufficient. They fore saw, that the popular branches by uniting might overpower the executive; or the executive might by corruption induce them to favor his views; or finally, from whatever cause, these two branches might come to an understanding and unite in a common interest. They had seen examples of all this in the very country from which their forefathers had emigrated; and they well knew, that if these two branches were by any means induced to unite in a common cause, they would construe the constitution, as might best suit their purposes, and all power would of course be in their hands; civil wars and dissensions, they were perfectly aware, would, as had been heretofore invariably the case in other countries, necessarily follow; and this happy country must sooner or later swell the long catalogue of republics, which have fallen victims to the same or similar causes, and now exist but in name. To obviate this fatal catastrophe, one only alternative, hitherto unknown or untried by other nations, presented itself to them. This was to establish a third co-ordinate and equal branch in the government; an independent judiciary; which, without interfering in the peculiar duties of either of the other two, without having any thing to do either in making the laws, or when made, in calling forth the force necessary to carry them into execution, should serve as a protecting shield, as well to individual citizens, as the states themselves, against the encroachments and attacks of either or both these branches, acting either separately or in union; should keep each of them within its proper sphere, and check the career of one or both, when stepping beyond the limits, which had been assigned them; when trampling on the constitution, under which the people had authorized them to act, they undertook to extend their powers at pleasure, and to make their will, instead of the written will of the people; the criterion, by which their powers were to be judged. These, sir, were the august functions, the all-important purposes, for which the federal judiciary were originally intended. And can it be said, is it reasonable that the judges, who were destined to check the assumption
of powers not given, ought or could have been intended to have been left in the power and at the mercy of those very branches, whom they are to check and control.
Was this the intention of the constitution? Was there no other object contemplated in the establishment of the judiciary, than to have such courts, as might be necessary to dispatch the current business of the day? It would have been sufficient to have given congress the general power of establishing such courts, as might from time to time be found necessary, and to have simply included it in the enumeration of other powers delegated to congress in the eighth section of the first article. But what have the framers of the constitution done in this respect; have they not established the judiciary in as pointed and direct terms, have they not made it as necessary and distinct a branch of the government, as either the executive or legislature? Turn to the constitution and you will find, sir, that the same formalities, the same divisions, the very same expressions are made use of in establishing the one, as the other of these three great departments of the government.
The first article declares, "that all legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The second in the same way, that "the executive shall be vested in a President of the United States of America." And what says the third article? Why in the very same words, mutatis mutandis, that the judicial power of the United States shall be vested in one supreme court and such other inferior courts as the Congress may from time to time ordain and establish.—Again, article the 11. "The House of Representatives shall be composed of members chosen every second year; the Senate of the United States of two Senators from each state, chosen for six years.—Art. 2d. "The President shall hold his office during the term of four years."—Article the 3d. "The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour." Thus, sir, in vain do I con over each article and section of the constitution.—I see not the smallest difference in the divisions, terms or expressions made use of in the establishment of these three departments. I cannot find a word or syllable which goes to establish and declare the judiciary of the United States to be a subordinate or dependent department, and not a co-ordinate and independent branch of the government. And as to the danger to be apprehended from an independent judiciary; what can it be? Whence can it arise? The number of the judges of the United States, must necessarily be curtailed; and encroach on them, even as far as the imagination of any gentleman will carry him, still they cannot act effectually without the aid of the Executive and Legislature. They are besides scattered over an immense continent; never assemble together in a body; and four fifths of them will in all human probability, remain utter strangers to each other, except by name and reputation. They neither wield the sword, nor have the purse strings at their command. They cannot move until the other two branches have acted. They can neither lay what laws are to be made, or direct what measures must be pursued. Their whole power consists in assailing to carry the laws and measures, adopted by the other two branches, into operation; in dealing out justice, protecting the weak against the strong, and restraining and checking the unconstitutional attempts of the other branches of the government. Their only shield is the constitution; their only force, argument. They not only are without the means of acting offensively, but the very situation in which they are placed, at the moment I am speaking, shews how unequal they are, even to the defence of their constitutional rights; and proves but too clearly the justice and truth of an observation made by one of the most eminent writers of modern times.—"Of these three branches of government," says President Montesquieu, speaking of the Executive, Legislative, and Judiciary, "the latter is, in some measure, next to nothing." By what means indeed are the judges to obtain an undue and overweening influence? From what source are they to acquire to themselves a dangerous and preponderating control over the other two branches? They have nothing to give, no inducement of power or profit to hold out to their friends and supporters. Their age, their habits of life, decorum, every circumstance combines to deprive them of the use of those means, which lead to popularity; and popularity, in a government like ours, is real strength. In a contest therefore, with the other two branches, the judiciary has nothing but the sober reason, and good sense of the community to depend upon for its support. How unequal then must the combat be; for we all know full well, that the phrensy of the moment, the rage of the day, but too frequently clouds and overwhelms the sober reason and good sense of mankind. These few observations, Mr. Chairman, I have deemed it my duty to offer
to the committee. They are dictated, however, I will honestly and candidly confess, rather in the hope, that they may serve as a justification of my conduct and vote on this awful occasion, to those, who have done me the honor of sending me here, than from the most distant expectation, that they could have the least effect on this floor. No, sir, all my hopes of stopping the further progress of this, in my humble opinion, unconstitutional and baneful measure through this house, have long since vanished. The bill on your table, I foresee, will pass. The dyke is broken down—the torrent must have its way—and God grant, that its ravages in that fertile region, through which it has to flow, may be confined within a narrow and circumscribed channel. In one point, however, I differ with those who think with me on the present question. I am, perhaps, of a more sanguine complexion than most of them. I do not, therefore, despair of the Republic. I have the most perfect confidence in the good sense and wisdom of the American people. I believe they are strongly impressed with the necessity of having an independent and impartial judiciary, and will not allow myself to doubt, but that they will at no distant period restore to this branch of the government its wonted splendor and independence, and close the wound which we are about at this time to inflict on the constitution. Under these impressions and in this hope, I shall patiently, though with pain and reluctance, submit to the will of the majority, whatever it ultimately may be, on the subject now under consideration.
NOTICE.
Committed to the jail of Washington County, District of Columbia, the following Slaves, viz.
NEGRO Sarah Ann Owens—Committed the 20th February; says she belongs to William Moore, of Alexandria. Has a scar on her breast, is four feet one inch high, supposed to be about 23 years of age.
AB—A dark Mulatto Woman, calls herself Peggy—Committed 23rd February; says she belongs to Joshua Power, near Port Tobacco, Maryland. Has a scar on her right arm, occasioned by a burn—is 5 feet 4 inches high, supposed to be about 35 years of age. The owners of the aforesaid slaves are requested to come and pay charges and take them away; otherwise they will be sold for their fees, agreeably to law.
DANIEL C. BRENT, Marshal of the District of Columbia. March, 3, 1802. ep3w
Lands for Sale.
WE will sell that valuable Farm, lying in Prince George county, containing 400 acres more or less, and one other tract containing 150 acres adjoining the above. Late the property of Richard Beall deceased; those lands are well timbered and watered, and at a small expense there might be made at least 40 acres of meadow. The improvements on the first mentioned land are a good dwelling house, kitchen, new barn, an excellent tan yard, and several other convenient out houses; and the last mentioned land has a new log dwelling house, and other convenient out houses. These lands lie four miles from Bladensburg and ten from the City of Washington. For terms apply to Samuel M. Smallwood at the Washington Navy Yard, or to the subscribers living near the premises.
AZEL BEALL, RICHARD WALKER, } Executors. March 1, 1802. ep4w
GENNESSE.
For Sale,
All the Subscriber's Mills, Houses and improved Farms, in the Counties of Ontario and Steuben, in the state of New-York.
To meet the views of the numerous applicants for this valuable property, and to give an opportunity of acquiring it on fair and equal terms, the subscriber offers it for sale at Public Auction, on Wednesday the 15th day of June next, at POWELL'S Hotel in Geneva, on the favorable terms of one sixth cash, and the remainder payable in six annual payments with lawful interest.
The Mills are situated at Hopeton, Lyons, Sodus, Genesse Falls, Caledonia, Hemlock-Lake, Painted Post, Bath, and Canisteo, several of which are merchant mills, and the greater part of them are erected on the navigable waters leading to Montreal, Albany and Baltimore.
The Houses are situated in Bath, Painted Post, Hopeton, Geneva, Lyons and Sodus, and the improved farms are in the neighborhood of these towns. All of which will positively be sold except the House and Farm occupied by the subscriber, near Bath.
CHARLES WILLIAMSON. Bath, March 1, 1802. ep3w
Public Auction.
By virtue of an order from the Orphan's court of Prince George county, will be exposed to Public Sale, for cash, on the 28th day of March next, at the dwelling of Richard Lamar, in said county.
All the property of Mary Lamar, deceased; consisting of twelve negroes, among which are women, girls, and boys—Also a variety of household furniture.
All persons indebted to the said estate are desired to make payment immediately; and those that have claims against the same, are requested to exhibit them properly authenticated, before the first day of May next, to the subscriber.
JOHN LAMAR, Adm'r. Feb. 19, 1802. ep3w
For Sale,
A NEGRO WOMAN about 21 years old, who is a good Cook, and a complete house servant in every other respect.—Also a large well formed horse, that goes well in a carriage, and pleasant under the saddle.—Enquire at this office. March 5, 1802. epif
For Sale,
Or to To LET, on Ground Rent for ever, FIFTY LOTS, SITUATE between the President's House and Capitol.—The titles to which is indisputable. ISAAC POLOCK. Dec. 16. epif
For Sale,
A NEAT Frame House and Lot, on New-Jersey Avenue, square 630, sixteen by twenty-four, consisting of a shop in front with a large new window, a parlour and closet back on the second floor, two rooms and a closet, and two rooms on the third floor, together with the lot, twenty-one feet three inches front, running back to an alley one hundred and thirteen or fifteen feet, or thereabout.—For terms apply to JOHN MINCHIN, N. Jersey Avenue, near the Capitol. March 5, 1802. epif
NOTICE.
COMMITTED to the Jail of Washington County, in the District of Columbia, as a Runaway, a Negro Woman named CHARLOTTE, about nineteen years of age, five feet four or five inches high. She says she is the property of Lewis St. John, near Battle Town, Frederick county, Virginia. The owner is requested to come and pay Charges and take her away. DANIEL C. BRENT, Marshal of the District of Columbia. Feb. 5, 1802. epif
THOMAS CARPENTER, TAYLOR,
SOLICITS a continuation of that generous encouragement which he has experienced from the Ladies and Gentlemen of this City and its vicinity. Having procured an elegant assortment of cloths, callimeres, swandown, &c. and engaged workmen of superior talents. His unremitting attention shall be given to merit patronage.
Capitol Hill, next house east of Mrs. Finch's boarding house, and Pennsylvania Avenue between the President's square and Seven Buildings. Dec. 7, 1801. epif
Looking Glasses.
J. COOK
Wishes to inform his friends and the public that he has a large and elegant assortment of Looking Glasses and Prints,
FOR SALE,
At J. March's Store, High-Street, George-Town.
THE subjects of the Prints are very interesting, and in superbly gilt frames; and the glasses are of the first qualities, in the most modern and elegant frames, and of any sizes.
They are marked at the lowest cash Prices. March 15, 1802. epif
CHARLES VARDEN,
Merchant Taylor, from Philadelphia, GRATEFULLY acknowledges the favors conferred on him by the gentlemen of this City, and flatters himself that the general satisfaction he has already given will merit a continuation of the same. He has also received a handsome assortment of goods from Philadelphia, consisting of,
Best superfine cloths, Callimeres, Swandown, Toylenets, Velverettes, Fancy Cords, Costings, Flannels, &c.
N. B. Regimentals, Naval Uniforms, and Ladies' Habits, made in the neatest and most fashionable manner, and at the shortest notice—Washington City, New Jersey Avenue, next to Mr. Rapine's book store. Dec. 16, 1801. epif
VALUABLE
LAND for SALE.
FOR sale about 4500 acres of land belonging to the estate of Judge Mercer, deceased, and situated in the county of Loudoun, on the waters of Goose Creek, about 40 miles from Alexandria and the Federal City. A large portion of this tract is meadow ground, of good quality, and the soil of the high land is well adapted to every species of produce usually cultivated on land similarly situated in the upper country. Such portion of it as remains uncleared, affords an extensive and excellent range for stock of every kind. On one part of this land is one of the most valuable mill sites in the state. The supply of water is inexhaustible, and the mill could be erected immediately on the side of the public road leading from Winchester to Alexandria. It is computed that the number of wagons almost constantly travelling along this road, amount to at least 3 or 600. So that a ready market might always be had here, for a very considerable quantity of grain and hay.
'Tis deemed unnecessary to describe more particularly the many advantages of this tract of Land, as it is expected that all persons disposed to purchase, will first view the premises. To accommodate purchasers the whole tract will be divided into lots of 4 or 500 acres each, with as much wood and meadow land to every lot as circumstances will admit. And it is believed that the whole 4500 acres may be so laid off into farms of the above-mentioned size, as to leave in each as much wood and meadow land as would be desired.
The price and time of payment will be made known by the subscribers. Letters directed to John T. Brooke, Fredericksburg, or to James M. Garnett, Layton's, will be answered without delay.
JOHN T. BROOKE, } Adm'rs JAMES M. GARNETT, } Feb. 3, 1802. epif