The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-06-17 00:00:00

FROM THE LONDON COURIER. Report of the commissioners of Naval Enquiry.
The examination of the right hon. Lord viscount Melville, taken upon oath, the 5th of November, 1804:—
Q. It appearing by accounts laid before us, that the sums standing in your name as treasurer of the navy, at the bank, at the following period, were less than the sums with which you stood charged exclusive of the money advanced to your sub-accountants; and that the deficiencies were as follows:
  December 31, 1786, £ 56,000 0 0   1787, 53,000 0 0   1788, 48,100 0 0   1789, 53,100 0 0   1791, 19,988 9 8   1792, 26,476 19 8   1793, 27,025 17 9   1794, 21,758 7 9   1795, 30,316 16 1   1796, 75,413 5 0   1797, 58,640 14 0   1798, 54,140 15 0   1799, 44,150 15 0 
Q. To what causes are such deficiencies to be attributed?
A. Although I take it for granted the sums are stated by the question accurately, I could not, on memory, state that they are so. I desired Mr. Trotter, so far as I was concerned to give you every information he could; and it was only in consequence of a conversation with him, immediately after the receipt of your letter to me, of date 26th June, that I learned, from the manner, he kept his private accounts, it was impossible for him to give me the accurate information I required. The same reasons render it impossible for me to give you an answer to the question you put. I am aware that I am not bound to answer it, under the provision of the act establishing this commission; but I should not have dwelt on that objection, if there had been nothing of personal consideration to operate against my doing so; but for the reasons I hinted to you in my letter of the 30th June last, as I am not bound, so I will not feel myself warranted to give the explanations which your question points at.
Q. Upon what grounds does your lordship decline answering that question?
A. Upon the ground that I have already stated, under the 5th clause of the act of 43 Geo. III. chap. 16.
Q. Was any part of such sums in your hands?
A. They certainly came into my hands, but did not remain there.
Q. Did Mr. Alex. Trotter, while paymaster of the navy, lay out or apply, or cause to be laid out or applied, any of the money issued for carrying on the current service of the navy since the 1st of January 1786, for your benefit or advantage?
A. From the manner in which Mr. Trotter kept my accounts, it is impossible for me to answer that question; and I object to answer this question, upon the ground I have stated in answer to the first question.
Q. Did you direct or authorise him to do so?
A. To the best of my recollection I never did.
Q. Did you, between first Jan. 1786, and 31st May, 1800, derive any profit or advantage from the use or employment of money issued for carrying on the current service of the navy, under the act 29 Geo. III. chap. 31?
A. The same reasons which induced me to make the answer I have done to the first question, must induce me to repeat the same answer to this.
Does your lordship object to answer this question, under the provision of the 5th sect. of the act 43 Geo. III. chap. 16? I do, and upon the grounds stated in my answer to my first question.
Q. During the time you acted as treasurer of the navy, between the 1st of 1786, and 31st May 1800, was any of the money applicable to naval services advanced by you, or by your direction, for any other public service than that of the navy?
A. I decline to answer that question under the provisions of the 5th sect. of the act 43 Geo. III. chap. 16.
Q. Was any money issued for carrying on the current service of the navy, applied by your lordship, or by your direction, for any other public service than that of the navy, with the knowledge or consent of the navy board?
A. No; certainly not.
Q. Was there any official note or record made of the money issued for carrying on the current service of the navy, having been advanced by your direction for any other public purpose than that of the navy, or of the repayment of such money?
A. No; there was certainly no official note.
Q. Did you authorise the paymaster, or about the year 1786, to draw the
money applicable to naval purposes from the bank, and lodge it in the hands of a private banker?
A. I cannot precisely fix the time, but I am certain that I did permit Mr. Trotter to lodge any money drawn from the bank, for public services, in his private banker's hands, during the period it was not demanded, to the purposes for which it was drawn.
Q. What circumstances induced you to give such permission to the paymaster?
A. An opinion in which I still adhere, that if the whole monies necessarily drawn from the bank, in pursuance of orders from the competent board, were lodged in the hands of a respectable banker, under the control of the paymaster of the navy, that it would add more facility to the conduct of the business of the officer, in the multitude of small payments to be made, than if the money were deposited, according to the constitution of the office, in an iron chest. I likewise had in contemplation, that in the receipt of the various small payments, made to such a variety of persons, they would be less liable to be imposed upon, by that mode of transacting the business, than if they were each to receive drafts for such small sums upon the bank, at such a distance from the officer, after its removal to Somerset place.
Q. As the paymaster of the navy does not distribute any part of the public money, except for the payment of exchange fees and other contingencies, does your lordship think it necessary that the paymaster should have in the iron chest or at a private banker's any of the money issued for carrying on the current service of the navy?
A. I do not think it necessary; but for reasons I have given, I think it expedient. The whole money drawn from the bank, and placed in the hands of the sub-accountants, passes through the hands of the paymaster of the navy; but though this is my opinion, I know many competent persons entertain a different opinion.
Q. Did you give permission to the paymaster to withdraw the money from the bank, and lodge it in the hands of a private banker, with a view to his deriving any advantage or emolument therefrom?
A. If it is meant to ask me whether I ever gave any direct authority to the paymaster to use the money in the manner above mentioned, I should certainly answer, no; but I have no hesitation in saying, that I believe and understood he did, and never prohibited him from doing so; and I believed it was to under-flood by others at different times, when the establishment of the navy pay office was under consideration, when certainly no competent provision was made for the person exercising that trust of great extent and responsibility.
Q. As the money applicable to naval services was directed to be lodged in the bank, by the act of 25 Geo. III. chap. 3, and not to be drawn from thence without specifying the services for which it is drawn; by what authority did you give permission to the paymaster of the navy to draw the money out of the bank, and lodge it in the hands of private bankers?
A. I take it for granted, it always was drawn under the heads of service pointed out in the act of parliament; and when I talk of permission, I mean it under the explanation contained in answer to a former question, in which I suppose the money drawn under competent authority.
Q. Do you know of any instance of a treasurer of the navy having made good any loss which had arisen from over payments, or other misapplications of the public money?
A. No; I do not.
Q. Did you derive any profit or advantage from the use or employment of money issued for carrying on the current service of the navy, between 19th August 1782, and 30th April, 1785, or between 1st Feb. 1784, and 31st Dec. 1785, during which periods you held the office of treasurer of the navy?
A. I decline answering this question under the 5th clause of the act 43 Geo. III. chap. 16, and for the reasons given in my first answer.
Q. Did you consider the addition granted by the king's sign manual, upon your appointment to the office of treasurer of the navy, making your salary 4000. a year, clear of all deductions, to be in full satisfaction for all wages, fees and other profits, and emoluments, previously enjoyed by former treasurers?
A. Certainly I did, with the exception of coals, candles, and some such small contingencies.
Q. When was it first discovered that Mr. Jellicoe was deficient in the balance of public money, with which he stood charged, as deputy paymaster to the navy?
A. I do not recollect the precise period; but the first thing that gave me any suspicion that there was danger of deficiency, was, by observing in the reports occasionally made to me, that his balance remained stationary, so far as never to
get below a sum, I think of between 20 and 30,000 pounds. This led me to a particular conversation with him, when he confessed to me, that for a considerable number of years he had been embarrassed from some advance or engagements he had come under with a Mr. Cort; that from the high opinion I had of him, in consequence of the character of former treasurers of the navy, and my own observations, I had no reason to doubt the fidelity of his representation; and it was my belief, that if he had lived to superintend the business himself, and to bring the profits of the patent Mr. Cort had obtained to their proper bearing, that the loss might have been repaired. Upon this however, I do not pretend to give any positive opinion, as it appeared after his death, that his embarrassments had existed, and a balance become due, as early as 1782.
Q. How many years before the death of Mr. Jellicoe was it that you suspected he was deficient in his balance?
A. I cannot mention the precise time; but it was certainly more than one or two years.
Q. Was any enquiry made, upon the discovery, into the real state of his balance?
A. Certainly, it was minutely enquired into.
Q. Does it any where appear what was the exact state of his deficiency at that time?
A. I cannot state it from memory; but I dare say it does appear.
MELVILLE. Charles M. Poole, John Ford, Henry Nicholas, Wm. M. Reid, Ewan Law,
From the London Morning Chronicle.
TENTH REPORT OF THE COMMISSIONERS OF NAVAL INQUIRY.
The second treasuryship of the right honorable Henry Dundas, Lord Viscount Melville.
Lord Melville was re-appointed on the 5th of January, 1784, and continued in office until the 1st of June, 1800.
In speaking of the treasuryship, it will be necessary to divide it into two parts, as, from the 1st of January, 1786, the business was conducted under the provisions of the 25th of his present majesty, chap. 31, which instituted a new mode of account for the office of treasurer.
The old mode of account of course ceased on the 31st of December, 1785, at which time Lord Melville stood charged with two hundred and seventy-five thousand eight hundred and twenty pounds fifteen shillings and eleven pence, out of which sum, and others advanced to him, he has continued to make payments as an ex-treasurer.
The late Mr. Andrew Douglas having also acted as paymaster to Lord Melville during this part of his second treasuryship, we questioned Lord Melville, whether he had derived any profit or advantage from the use or employment of the money issued for carrying on the current service of the navy, between the 1st of February, 1784, and the 31st of December, 1785, which question his lordship objected to answering, under the provisions of the 5th clause of the act by which we are constituted, and upon the ground before stated alluded to in his letter.
We have entered in the appendix an account, showing the annual amount of his receipts and payments, and of the balance remaining on the 31st of December, in each year, from 1786 to 1803. The balance of the latter period amounting to the sum of five thousand six hundred and forty-seven pounds and eleven pence, has not been paid over to Lord Melville. A part thereof, two hundred and twenty-nine pounds one shilling and eight pence, has been paid to personated seamen; the sum of four hundred and sixty-six pounds four shillings is in the hands of the sub-accountant; and the remainder, four thousand nine hundred and fifty-one pounds fifteen shillings and three pence, is in the hands of Mr. Alexander Trotter, who was appointed paymaster in January 1786, by Lord Melville, and has held that office under the several succeeding treasurers, except Mr. Tierney. This disposition of the treasurer's balance appears to us more exceptional than if it were in the hands of the treasurer, because the paymaster has the general control of every branch of the navy pay office, and it is part of his duty to bring forward the Treasurer's accounts, which the use of the money may incline him to delay.
The accountant's branch, consisting of principal and eight clerks, having been established by order in council, in August 1786, for the express purpose of bringing up the old, and keeping up the new accounts of the treasurers of the navy, we were surprised to learn that the accounts of the three ex-treasurers before noticed had not long since been made up and passed; but we find that all the clerks in the accountant's
branch, as well as the accountant himself, instead of being employed in bringing up the old, and keeping up the new accounts of the treasurers, had been engaged, by the directors of the Pay Office, in consequence, as he states, of the great increase of business during the late war, and to avoid as much as possible the necessity of applying for additional clerks.
We disapprove this misemployment of a branch established for an express purpose, and that of much importance to the public, as well as the false economy in not augmenting the establishment of clerks in proportion to the increase of business. If the accountant's branch had been employed for the purposes for which it was established, and the necessary assistance had been rendered from the navy office, it is stated, that the accounts of the ex-treasurers (whose balances on the 31st of December, 1803, amounted to fourteen thousand nine hundred and eighty seven pounds seven shillings and two pence half penny) would have been made up at least four years ago.
(To be continued.)
WASHINGTON CITY.
MONDAY, JUNE 17.
The New York Citizen says, the Governor of New York has ordered the Attorney General to institute a prosecution against Mr. Holt, the Editor of the Bee, for publishing a piece under the signature of Aristides on the Merchants Bank.
At a commencement, held in the University of Pennsylvania, on the 7th inst. the degree of Master of Arts was conferred on five gentlemen, that of Bachelor of Arts on four gentlemen, that of Doctor of Divinity on two gentlemen, and that of Doctor in Medicine on twenty-four gentlemen.
A proposition, offered in the legislature of Connecticut, instructing the several towns in the state, to choose as many delegates as they send representatives to the assembly, for the purpose of framing a constitution of government has been rejected.
Nine counsellors of the governor have been chosen by the joint ballot of the two Houses of the legislature of Massachusetts. 330 votes were given, of which 186 were given to the federal candidates, who were consequently elected.
Vast numbers of an heretofore unknown and highly poisonous species of viper have recently been found in the Forest of Fontainbleau, in France. Several persons, and some dogs, bitten by these reptiles, have died immediately, and so great has the danger and alarm become, that the magistrates, with a view to exterminate the race, have offered a premium of 60 francs for every one that may be killed.
New Orleans, March 22. The following message was laid before the Council.
Gentlemen of the Legislative Council.
"I have given to the bill entitled "An act to prevent persons other than those who were inhabitants of Louisiana on the 30th day of April, 1803, or citizens of the United States," from holding any office under the government of this territory, the most respectful and attentive consideration. The principle of the bill is patriotic, and I cordially unite with you in opinion that offices of trust in this territory ought alone to be confided to the ancient inhabitants of the country, or other citizens of the United States, unless on occasions where a departure from so general a rule should be justified by some of those strong reasons which seldom occur; I, however, entertain doubts whether the object of the bill is a rightful object of territorial legislation; I am inclined to the opinion, that it is more properly a matter of constitutional provision. The law of Congress for the government of this territory, has vested in the executive an uncontrolled discretion, as to certain appointments to office, and as I doubt the constitutionality of any act of the territorial legislature, which would abridge the powers of the office I have the honor to hold, it becomes my duty to reject the bill."
(Signed) WM. C. C. CLAIBORNE.
The governor has likewise given his negative to a bill recognising as legal any rate of interest stipulated by the contracting parties.
Boston, June 6. We yesterday received, by capt. Stoddard, the Liverpool Coronics of the 24th of April, which contains a truly interesting account of the proceedings of the Livery of the City of London, in
common hall assembled, to frame a petition to the House of Commons, on the subject of Lord Melville's immense embezzlement of the public money of that unhappy nation. The subject was opened by Mr. Whitham, who in an impressive speech, investigated the privileges of the British people, and their right to call down punishment upon every violator of the law, however high in station the delinquent might be placed. The petition comprehended the following material heads, viz.
First, That it appears, from the reports of the commissioners for naval enquiry, that Lord Melville, late treasurer of His Majesty's navy, had been guilty of a gross violation of the law, and a high breach of duty, whereby immense sums of the public money have been put to hazard, by being employed in calculations for private emolument.
Second, That such gross and exaggerated breaches of fidelity in men holding high offices of state, render it peculiarly necessary and important that every possible effort be given to the enquiries before parliament respecting the same, so that condign punishment may follow convicted criminality.
Third, That it is highly essential for the purpose of fully enquiring into the receipt, management and expenditure of the public money, and the conduct of the public officers; and for completely investigating all abuses, that the powers of the said commissioners should be prolonged and extended, and such other measures adopted as may appear necessary for the detection and punishment of all offenders; and for establishing such a system of vigilance and economy as may effectually guard against the recurrence of such flagrant abuses.
It is likewise resolved, that this petition be presented to the House of Commons, by the four representatives for London, who were severally thanked for their virtuous conduct in parliament, on this serious occasion.
The resolutions passed unanimously, and on the motion of Mr. Travers, the thanks of the house were voted to the gallant Lord St. Vincent, who had been eminently instrumental in bringing this nefarious transaction to light.
In the course of the proceeding, Mr. Waddington took occasion to quote a part of Mr. Jefferson's last inaugural speech, and placed in contrast the unprecedented economy of our present wise and exemplary government, with the wide spreading mischief and speculation so calamitously apparent in the management, or rather the mismanagement, of the progress of taxation in Britain. An American who loves the glory of his country cannot read this consoling contrast of expenditure without thinking his bosom in ecstasy, and thanking Heaven that he is also a republican of the United States.
Similar meetings are advertised by the Sheriffs of Middlesex, Kent, Surrey, and Hampshire, and will doubtless be general. So great a ferment has been excited by this novel discovery, that the foundation of Mr. Pitt's disastrous power seems to be tottering towards a fall; and the opinions of the first political circles are directed to the future of the prime minister of Great Britain.
The indignation of a liberal mind must be particularly awakened on such a theme, by reflecting that while all this deal of fraud was going forward, the wretched community were drained to their last shilling, to support an endless war; as it was only during a season of hostility that the pretences for new imposts on labor could be brought into effect, or that the corrupt minions of that corrupt government could bleed the nation in ephemeral security. We thank God, that we are far removed from such scenes; and we trust that the discernment and spirit of our fellow citizens, will continue to resist the introduction of such anglo-federal habits among us.
New York, June 10.
Capt. Clark of the brig Merchant, arrived on Saturday, from Honduras, informs, that the same restriction, in the exportation of Mahogany, is still continued, and that farther instructions, have been transmitted to colonel Gordon, the Superintendent, to allow no greater quantity of logwood, to be shipped in American bottoms, than two tons, to every ten thousand feet of Mahogany, in consequence of which order the Merchant was refused a clearance, and was compelled to land all the logwood she had on board, although laden before the receipt of the instructions. Lumber, provisions, and naval stores, are permitted to an entry, other articles, are deemed contraband, and will subject the vessel and cargo to seizure.
Philadelphia, June 13.
We learn (says the Boston Palladium) by capt. Haws, from Malaga, that letters had been received from Cadiz, announcing the junction of the Toulon fleet with that of Spain at that place, and that the combined fleets consisting of 18 ships of the line, 9 frigates, &c. sailed the next day after joining under the orders of Admiral Gravina. There were many conjectures as to the destination of the fleet. The most general was, that it

would first proceed to Ferrol, to join 12 ships of war ready for sea at that place, and then sail for Ireland or Jamaica. A cutter had been sent from Gibraltar to Admiral Nelson, who it was said missed the French fleet by being informed by a Swedish captain that he saw them steering towards Egypt. It was reported at Malaga, that a French army had commenced its march towards Portugal to enforce loans or subjugate that nation. It is remarkably healthy at Cadiz, Gibraltar and Malaga. Markets low. Flour 12 to 14 and flour sales. This low at the Mediterranean ports in general. The new crop of wheat is forward and promises abundance.
Capt. Fowler, of the brig Jane from St. Croix, is the bearer of very important intelligence. He informs that accounts had been received there from Guadeloupe, by Mr. Cooper, a respectable resident at St. Croix, that 10 sail of French line of battle ships, 17 frigates, and other vessels, with twenty thousand troops on board, had arrived at Martinique from Cadiz; and that two or three days afterwards (about the 25th of May) his report was confirmed by Capt. Paton, of the brig James of New Haven, who arrived at St. Croix in 48 hours from Dominica, with this addition, that the day before his departure he saw 4 sail of the line and two transports pass Dominica steering to the northward. This intelligence, Captain Fowler informs obtained general belief at St. Croix.
Capt. Graham, in 14 days from Tortola, informs that while he was getting under way the British fleet of war Heeren, capt. Young, came off the harbor, hoisted signals, and fired several guns. He then hoisted his boat with the intention of going on shore, but was met by another from the garrison, to whom he delivered some dispatches, and then returned to his ship, which made sail immediately. On this, all the British merchant vessels made instant preparations for their departure, and three or four of them had got out of the harbor while capt. G. was in light. An express had arrived at Tortola three days before capt. G. failed, with intelligence that a French and Spanish fleet, consisting of 16 or 17 sail of the line, had arrived to windward of that Island; that a frigate in 19 days from England had brought important dispatches to Barbadoes; and that Lord Nelson with the whole of his fleet was on his way to the West Indies.
Philadelphia, June 12. The latest accounts from London state, that the Portuguese government had ordered an issue of paper-money to the amount of eight millions of cruza-dos, (about four millions of dollars) in consequence of which, their public securities had suffered an additional depreciation of ten per cent. The demand made by France is the presumed cause of this new emission of paper.
BALTIMORE, June 14. Under the Paris head of April 9 we observed a statement of the votes returned from 112 departments of the French IMPERIAL REPUBLIC, respecting the hereditary succession of the family of the emperor, to the imperial dignity. In order to prove how VERY happy and well satisfied the French people are with their legal monarch, it needs but be stated that fourteen whole departments voted unanimously, in favor of Imperial Bonny's proposition, and the other departments, 83 in number, only produced 2569 revolutionists, who had the hardihood to oppose him. Ingrats! that they are; who, not satisfied with the glory his Imperial majesty has united with the French name, dared withhold their mite from him, when nearly 4 millions of large subjects, hailed him, with loud acclamations of joy, as their sovereign lord. The votes according to the Paris papers from 112 departments stand thus: In favor 3,521,694 !! Against 2,569 !!
London, June 1. A very warm debate last night took place in the House of Commons, on the motion of Mr. Whitbread for expunging the names of some of the members of the select committee on the tenth report. He objected to Lord Castlereagh, the master of rolls and Sir Wm. Scott. The first, from his official situation, and from his known friendship for the minister; and the others on account of their public duties; which would render it impossible for them to attend the committee. His objections, however, were overruled by a large majority. Mr. Windham afterwards moved to expunge his own name from the committee; but his motion was negatived. The committee is now composed, as we before stated, of nine members who voted against Lord Melville, nine who voted for him, and three who did not vote at all.
At a meeting yesterday of the common council of the city of London, it was resolved by a large majority, to present a petition to parliament against the petition presented on the behalf of
the Roman Catholics of Ireland. The example thus set by the city of London, will, we have no doubt, be followed by the rest of the kingdom. The disposition of the Catholic question, under the present circumstances cannot tend to any good, but may be productive of the most serious consequences.
On the 26th ult. the corporation of Dublin, on the motion of Mr. Giffard, entered into the following resolution, with only three dissenting voices.
"Resolved, That we have seen with astonishment and forrow, a copy of the petition lately presented to parliament, in the name of the Roman Catholics of Ireland, and containing demands of a political nature, which, if yielded, must be ruinous to our happy constitution in church and state."
MILAN, March 25. A courier extraordinary arrived this morning from Paris, brought the important news, that the Consulta of Italy, united in the Italian deposition in that capital, has proclaimed Napoleon Bonaparte king of Italy, and erected our country into an hereditary monarchy.
April 6.—Order of the 5th of April. His majesty the emperor, called to the throne of Italy by the wishes of the nation, will soon arrive amongst us. The presence of his imperial and royal majesty, amidst his army of Italy, and his accession to the throne of Lombardy, are events which recall glorious remembrances, and which exalt the sentiments of the love, respect, and gratitude of all the soldiers of the army. Several of them have already manifested to the marshal commander in chief the wish of celebrating this double event. All desire to give testimonies of their respectful devotion to the august foreigner who forms the glory and happiness of the nation and of the army. The marshal the commander in chief, anxious to gratify the wish of the army, orders as follows:
ART. I. The arrival of his imperial and royal majesty, and his accession to the throne of Italy, shall be celebrated by the erection of a monument, which shall transmit to posterity the victories of Napoleon the Great, and the devotion of the army for his august person. II. This monument shall be erected on the Plain of Gallabione, at the expense of the army of Italy. III. The troops nearest the place where the monument is to be erected, shall furnish the necessary workmen. IV. The first stone of the monument shall be laid by the marshal the commander in chief, in presence of the general and superior officers, who shall be assembled for that purpose. The chief of the general staff shall be charged with the execution of this order. Signed, The marshal of the Empire, JOURDAN, Commander in chief of the army of Italy.
In the case of Jeremiah Conner, an insolvent debtor in the District of Columbia. SIX months from and after the 1st day of May next is limited and appointed for the creditors of the said Conner to bring in and exhibit their claims to the trustee. It is ordered that this notice be published in the National Intelligencer and Washington Federalist twice during said term. By order of the hon. Wm. Cranch, assistant judge of the circuit court of the district of Columbia. URIAS FORREST, Ck. April 29—1805. The subscriber being appointed trustee in the case of Jeremiah Conner, requests all persons having claims against the said Conner, to exhibit them without delay. JAS. KINNER. June 17—2t
FOR SALE, A tract of Land containing 5,000 acres situated on a branch of Elk River on the head waters of Elk Lick creek, in Harrison county, state of Virginia; it may be divided into tracts to suit the purchaser—negotiable paper approved of, payable in 90 days, or wet and dry goods, or negroes will be taken in pay for any part of it, it not sold before Saturday 22nd inst. it will then be offered at public sale at the Union Tavern, at 4 o'clock in the afternoon and on the payment an indisputable title with a general warrentee will be given if required, a part in the hands of the subscriber—Also, in the same county a small tract of One Hundred and fifty-five acres, four and half miles from Clarkburg. JOHN TRAVERS, Auct. June 17—3t
In the case of Thomas Davis an insolvent debtor. District of Columbia, Washington county, to wit: On the petition of Thomas Davis an insolvent debtor, confined in the prison of Washington county for debt, notice is hereby given to the creditors of the said Thomas Davis that on the twenty-fifth inst. at 9 o'clock, A. M. at the court room in the Capitol, the oath prescribed by the act of Congress for the relief of insolvent debtors within the district of Columbia, will be administered to the said Thomas Davis and a trustee appointed unless sufficient cause then and there be shown to the contrary. It is ordered that this notice be published in the National Intelligencer and Washington Federalist twice in each paper prior to that day. By order of the hon. Wm. Cranch, esq. URIAS FORREST, Ck. June 14—2t
In Council, Annapolis, May 16, 1805. ORDERED, That the act to provide for the trial of facts in the several counties of this state, and to alter, change and abolish all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American, Telegraph and the Federal Gazette at Baltimore; the National Intelligencer; the Republican Advocate and Briggs's paper at Frederick; Town; Green's paper at Hagerstown, and in Smith's and Cowan's paper at Hagerstown. By order, NIMIAN PINKNEY, Clerk.
AN ACT To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
Be it enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and found legal knowledge, residents of the state of Maryland, who shall be previously to and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be styled in the commission chief judge, and the other two associate judges, of the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint, and the fees of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court, to whom the same in the same manner as if such prosecution had been originally instituted therein; provided that such further and other remedy may be provided by law in their premises as the legislature may direct and enact.
IV. And be it enacted, That if the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the judges thereof shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and every the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the decision of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shores respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed at or this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government, which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed to as to authorize the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, to any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amendments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding.
May 31—2ew3m
Pursuant to a decree of the Court of Chancery. I shall sell at Public Auction in the town of Pocomoke, on Tuesday the 6th day of August next, ALL the real estate (not heretofore sold) of Thomas Clagett, late of Prince George's county deceased, consisting about the quantity of eleven hundred acres, of which that handsome well improved lot in the town of Pocomoke is a part.
Two hundred and twenty five acres of good forest land part of Marlow's survey, being about three miles from Pocomoke—eight hundred and fifty acres, part of several different tracts, commodiously adjoining each other on Pocomoke creek, about a quarter of a mile from the Tobacco Warehouse, on the navigation of Potomac river—This is a valuable tract of land, and will be sold in one body, or divided into lots as may best suit those who wish to purchase. These lands will be sold on a credit of four years, payable in four equal annual installments, the purchaser or purchasers giving bond with approved security to the trustee on interest from the day of sale—on the chancellor's ratify the sales and the whole of the purchase money being paid (and not before). The trustee by a good deed, will convey and transfer to the purchaser or purchasers and his or their heirs, the land to him, her, or them sold, free, clear, and discharged from all claims of the heirs of the aforesaid Thomas Clagett. THOMAS DUCKETT. Prince George's county, } June 14—cop12t
United States, District of Columbia and county of Washington, ss.
IN CHANCERY, JUNE 12, 1805. John M. Gantt, complainant, versus William Fancourt, defendant. The bill states that on the ninth day of May eighteen hundred, a deed was executed and delivered by the defendant to the complainant, conveying for a good and valuable consideration to the complainant, part of a tract of land lying in Washington county in the district aforesaid called "Fancourt's Invention" or "Fancourt's Invention." That to the validity of the said deed, recording is necessary, and that the same has not been recorded according to law owing to neglect and accident, and without any fraud or collusion on the part of the complainant. The object of the said bill is to obtain a decree for the recording said deed agreeably to law. It is ordered on the complainant's motion that he procure a copy of this order to be inserted three times in the National Intelligencer and Washington Federalist previous to the first day of July next to the intent that the defendant may have notice of his application and of the nature of his bill, and that he may be warned to appear in the court at court, or the district of Columbia or the county of Washington on the fourth Monday of July next in person or by solicitor to show cause if any he can why the decree should not pass as prayed for in said bill. By order, URIAS FORREST, Ck. June 14 3t
Runaway Negro. WAS conveyed to the jail of Frederick county, Md. on the 19th day of May last, a runaway negro man named John Chew Thomas. He is about 23 years of age, five feet ten inches high, has thick lips and long nose; his left hand and wrist have been considerably injured by a wagon. His clothes are a striped grey hemmed jacket, a brownish waistcoat, white calkimere small clothes, woollen stockings, an old hat, and a muffled shirt. His owner is desirous to release him, or he will be sold for his jail fees agreeably to law. GEORGE REAGER, Sheriff of Frederick County. June 12th—1805—1ew3w.
Philadelphia, June 14. Various accounts from the West India Islands occur in an account of the arrival of Martinique of the French and Spanish fleets. They do not however agree as to the precise number of ships of the line, frigates, troops, &c. By two arrivals at St. Lucia, on Wednesday afternoon, from St. Bartholomew's we are informed that the combined fleets amounted to 21 sail of the line. I was understood they put in there for the purpose of resuming the operations of the Rochefort squadron, and to water; after which some momentous enterprise was to be attempted.
In addition to the above, we are just favored with the following extract of a letter from a gentleman who had one of the Schooners at the Lazaretto. "The account of the arrival of the French fleet at Martinique may be depended on. I had it from three different captains who arrived at B. Bartholomew's, directly from the s. They amounted to 22 sail of the line, and 6 frigates, having on board 15,000 land forces." A Schooner from St. Lucia reported 2 French frigates of that port.
FOURTH OF JULY. Washington, June 17.
It is respectfully suggested to those YOUNG GENTLEMEN who wish to spend the approaching Anniversary of our INDEPENDENCE in a manner becoming AMERICANS, that a Meeting be held at Rhoads's Hall on tomorrow evening at 6 o'clock, for the purpose of making the necessary arrangements, and selecting from themselves an ORATOR to deliver an address, commemorative of that Glorious event.
Land for Sale. I WILL dispose of a very valuable tract of land lying in Prince George's county, near the four mile run—distant 16 miles from the city of Washington, and George Town, adjoining Mr. Early's Farm, who will show it to any gentleman wishing to purchase. It contains 108 acres, nearly one half in wood—immensely high timbered—there is on it one new dwelling house, a good kitchen, and barn, several out houses. This land is well watered, and the springs of an excellent quality. White and red clover grow well on this land—it is of excellent quality—from actual experimental it is suitable to planter as perhaps any other and. CHARLES ROBERTSON. June 12th—1ew3w
PROPOSALS For carrying the Mails of the United States, on the following post-roads, will be received at the General post office, in Washington until the 10th day of July next, inclusive.
(Continued.) IN PENNSYLVANIA. 110. From Philadelphia by Jenkins-town, Doylestown, Plumbers, Bridesburg, Easton & Hellert to Wilkesbarre once a week in winter. Leave Philadelphia every Tuesday at 4 p m & arrive at Easton on Thursday by 9 a m. Leave Easton every Thursday at 10 a m & arrive at Wilkesbarre on Friday by 4 p m. Returning, Leave Wilkesbarre every Saturday at 8 a m arrive at Easton on Sunday by noon, & at Bethlehem by 8 p m. Leave Bethlehem on Monday at 5 a m & arrive at Philadelphia on Tuesday by 8 a m. May 1 to November 1. Leave Philadelphia every Wednesday & Saturday at 4 a m & arrive at Easton by 8 p m. Leave Easton every Monday & Thursday at 4 a m & arrive at Philadelphia by 8 p m. 111. From Wilkesbarre by Pittston, Pottsville, Baintreim, Wykavang, Stendalburg, Wykox, Sheilquin, Athens, & Oswayo to Union N. Y. once a week. Leave Wilkesbarre every Saturday at 8 a m & arrive at Union the next Tuesday by 11 a m. Leave Union every Tuesday at 1 p m & arrive at Athens on Wednesday by 11 a m. Leave Athens on Monday & arrive at Wilkesbarre on Friday by 7 p m. 112. From Philadelphia by Germantown, Chestnut Hill, W. E. Marsh, Montgomery and Quakertown to Bethlehem twice a week. Leave Philadelphia every Wednesday and Saturday at 4 a m & arrive at Bethlehem by 8 p m. Leave Bethlehem every Monday & Thursday at 4 p m & arrive at Philadelphia by 8 p m. November 1 to May 1. Leave Bethlehem every Monday at 5 a m & arrive at Philadelphia on Tuesday by 11 a m. Leave Philadelphia every Friday at 5 a m & arrive at Bethlehem by 11 a m on Saturday. 113. From Philadelphia by Germantown, Northw'n, Tapp, Potograve, Reading, Hanpurg & Su-bury to Northumberland. Leave Philadelphia every Tuesday & Friday at 4 p m & arrive at Reading on Wednesday & Saturday by 8 p m. Leave Reading on Thursday at 6 a m & arrive at Northumberland on Friday by 4 p m. Returning, Leave Northumberland every Sunday at 5 a m & arrive at Reading on Sunday by 6 p m. Leave Reading every Monday & Tuesday at 4 a m & arrive at Philadelphia on Tuesday & Friday by 8 a m. 114. From Northumberland by Milton, Muncy, Williamsport, Delmar, Tioga &