The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-03-18 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. VII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 1002.
THREE DOLLARS PER ANNUM.
WEDNESDAY, MARCH 18, 1807.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, FEBRUARY 26.
DEBATE on the amendments of the Senate to the bill repealing the duties on salt, and continuing for a limited time the Mediterranean fund.
The first amendment of the Senate having been put, Mr. J. Randolph called for the Yeas and Nays.
MR. ALSTON said if he understood the amendment, instead of repealing the whole duty on salt, it only repealed the duty of 8 cents, and suffered the other duty of 12 cents to remain. He said his opinion was that it would be better to let the Senate reject the bill sent from the House, or pass it altogether. No person could be more anxious to reduce the duty on salt than he was; but he believed they persisted in the course which they had originally taken, the Senate would recede from their amendments.
MR. OLIN said when this subject was on a former occasion before the House, he had declined saying anything. He would now however take the liberty of offering his sentiments on the subject.
This tax, said Mr. Olin, may be sport to others, but it is death to us. There is no other article on which duty operates so injuriously. The whole state which I represent, if you deprive them of salt, will not be worth a cent. We can neither raise stock, or plough the soil without the aid of salt. When this article is so necessary to the existence of the nation, I am at a loss to know how any gentleman can be in favor of its being a dutied article. Its original value in the foreign market is about 12 cents a bushel; the duty upon it is consequently 160 per cent. Where in our catalogue of imported articles can we find any one so highly dutied? Some gentlemen have however informed us, that considerable duties are paid on tea, coffee and sugar in Boston and other Atlantic towns in the U. S. but do not gentlemen know that these articles are also consumed in other places. I will ask gentlemen also whether this is an equal tax, as on the sea shore there are scarcely any occasion for it, while in the interior it is absolutely indispensable. It was free as air with us the net proceeds of our stock would be one fourth greater than it is at present. Mr. O. here mentioned the enormous price which had been at particular periods paid for this article; and observed that he had seen fourteen bushels of wheat, and even a good cow given for a single bushel of salt!
The gentlemen talk of war. If war is to happen, it will in my opinion be better to lay out money for establishing a magazine of salt than gun powder. We ought never to pay a tax on any real necessary brought into the country; and yet we have imposed upon salt about eight times the usual tax. This tax is peculiarly unequal. You may take one third of the nation, and you will find it pays three-fourths of the whole tax. Before it is used by the consumer, it is sold three or four times, and every seller puts an additional premium on it. In the state I represent, we consume about 200,000 bushels, the duty on which, from what I have observed, may be estimated at nearly 50 cents; from which, making a proper deduction, there will still remain a tax of $4,000 dollars, while the whole civil list of the state does not amount to 20,000 dollars.
Feeling as I do, I wish the House to adhere to their bill, and run the risk of the Senate giving way.
The question was then taken by Yeas and Nays on concurring in the first amendment of the Senate—Yeas 15—Nays 80.
YEAS—Messrs. Clinton, jun. Cutts, D. A. Davenport, jun. Fowler, Green, Hastings, Magruder, Masters, Quincy, Russell, Sammons, Thomas, Tracy, Van Cortlandt.
NAYS—Messrs. Alston, jun. Anderson, Archer, Bard, Barker, Bassett, Bedinger, Betton, Bibb, Bidwell, Blake, jun. Blount, Brown, Burwell, Butler, Chandler, Chittenden, Claiborne, Conrad, Darby, Dawson, Earle, Early, Elliot, Ellis, Elmer, Ely, Findley, Fisk, Garnett, Goldsborough, Goodwyn, Gregg, Halsey, Holland, Holmes, Hough, Kelly, Kenan, Knight, Lambert, Lewis, jun. Livingston, Lloyd, Mac Farland, Marion, R. Moore, T. Moore, Jer. Morrow, J. Morrow, Mosely, Mumford, J. Nelson, Newton, jun. Olin, Picken, jun. Porter, Pugh, J. Randolph, Rea, (Pen.) Rhea, (Ten.) Richards, Sailly, Schuneman, Seaver, Sloan, Smelt, Smilie, J. Smith, S. Smith, Southard, Stanford, Stanton, Stedman, Taggart, Tallmadge, Tenney, P. R. Thompson, T. W. Thompson, Varnum, Wadsworth, J. Whitehill, R. Whitehill, Wickes, D. R. Williams, M. Williams, Winn, Winston, Wynns.
The second amendment of the Senate to strike out the second section was disagreed to without a division.
The third amendment of the Senate proposed to continue the Mediterranean fund until the 31st of December next, instead of continuing it to the end of the next session of Congress.
MR. J. RANDOLPH said he did not see the purpose for which this amendment was made. He believed it was no part of the intention of the Senate to relieve the public burthens. He hoped the bill would be suffered to die a natural death.
MR. GOLDSBOROUGH thought the amendment of the Senate correct. His idea was not to impose burthens unnecessarily on the people.
A concurrence in this amendment was disagreed to—Ayes 39.
MR. J. RANDOLPH. I will now move that the House insist on their disagreement to the amendments of the Senate. Gentlemen will recollect to have heard it assigned as a good reason for voting against an increase of the military force, that as it involved new burthens on the people, the House ought to be hostile to such a measure emanating from the Senate. It appeared to me at the last session, and a more mature consideration confirms me in the opinion, that according to the true construction of the constitution, the Senate have not a right to add to the burthens of the U. S. They have no right to originate bills for raising revenue; but if you send them a bill for raising a limited revenue on particular articles, if they have a right to amend it, by adding a million derived from other articles, then the right of this House to originate money bills is altogether an illusory provision. The taxes too are imposed on the people and not on the states which the Senate represent. They are the grant of the people alone, and it is competent to this House, and to no other body, to add one single cent to the burthens of the people. They are our free gift and grant, and as such may be acceded to by the other co-ordinate branches of the government. But if they do not accept what we offer, they cannot modify it so as to affect the quantum of tax, or the object of taxation. I know that to the Senate is reserved the power of amending money bills; but a fair construction of this provision will confine it to the details of the bill, and restrain them from affecting the leading principles—the quantum of tax or its objects. For if they possess the power of varying the objects or altering the quantum, the power reserved to this House is illusory. My distinction is not supported by prevarication or quibble, but on sound principles of common sense. The power was put into our hands, because the convention knew that although they established a confederated government, the burthens were to fall on the people and not the states; and that therefore the representatives of the people and not of the states had a right to originate them.
I am glad to find the temper of the House so favorably changed from the last session. I would rather see this bill stand as it is, than that the duty of 8 cents only should be taken off. You, Mr. Speaker, must recollect the manner in which those 8 cents were laid on; and the persons by whom they were laid on. That tax was imposed at the latter end of the session when there was a thin House, after a previous attempt to increase the duty had been rejected, and when many members in unsuspicious confidence had left their seats. It was passed like some other bills, like some bills passed this session, because members quitting their great duties on this floor, suffer important laws to be passed, unmindful of their contents, while they are writing letters and reading newspapers.
I understand that it has been urged as a reason for continuing this duty of 12 cents on salt, that it is pledged for the payment of the public debt. I thought this point had been settled on the repeal of the internal taxes, and that we had then established the principle that it was our duty only to provide the means for paying that debt. I should indeed feel ashamed, if after six years, in the first of which we repealed all the internal taxes, the only boon given to our constituents should be to take off merely the duty of 8 cents on salt, a tax originally laid by chicanery in relation to the duty on salt, and the propriety of dispensing with it now, I wish the House to keep in mind one important fact, which I hope the people will never lose sight of—that supposing the expenses of government remain nearly stationary, such is our augmentation of revenue from the increase of wealth and population of the nation; that the people have a right to expect to be relieved in proportion to the existing taxes. If in 20 years our resources double, surely the people would have a right to expect that half the amount of duties would be taken off—not only because the money would not be wanted, but for another most important reason: In proportion to the increase of population, is the difficulty of procuring subsistence; and if at present a man in America, where, thank God! we have elbow room, can afford to pay a tax of one dollar, when our
population becomes as thick as that of China, we cannot afford to pay so much. I have no more to say, than to hope that we shall set the Senate an example, which I am sorry we did not set them the last year, to convince them they have no right to dictate to this nation the quantum of tax to be levied, or its objects. Sooner than admit this principle, I would vote a tax five times the amount, provided it originated exclusively from the proper source.
MR. ALSTON. Left it should be supposed I give my vote on this occasion for the reasons assigned by the gentleman from Vir. I will state them to the House. Is it possible that it can be conceived by any man that the Senate do not possess the power they have exercised in this instance? Do they propose to add a single cent to the burthens of the people or to the revenue? You propose to take off the whole duty on salt, while they propose to take off only eight cents. On the other hand, you propose to take off the Mediterranean fund, not until the end of the next session of Congress, while they propose to take it off on the 31st of December. Where then is the inroad of the Senate upon your constitutional power which is so much talked of? I for one am not sorry that I voted at the last session to recede from our disagreement with the Senate on this subject. But what has that to do with this question? The only question then was whether we should continue for one year the Mediterranean fund. Under existing circumstances I contend that that was a good vote—a vote which has enabled us to meet internal and external danger, and which enables us now to dispense with the whole duty on salt. I am glad I voted as I did, and I with the nation to know it. My mind has undergone no change since the close of the last session. I have the same impressions now that I had then. If the Senate attempt any innovation, I shall be as ready as any man to repeal it, but it is impossible for any man under heaven to think this such.
MR. J. RANDOLPH called for the yeas & nays.
MR. SMILIE said he felt much mortification on this occasion. If any gentleman were disposed to make a popular harangue, this was doubtless a proper occasion; but—
MR. BASSETT asked whether these remarks were in order—whether any question were depending.
MR. SPEAKER said the motion to insist was sometimes made in this stage, although the general course was to advise the Senate of the disagreement of the House to their amendments.
MR. J. RANDOLPH withdrew the motion to insist.
MR. THOMAS renewed it to give the gentleman from Penn. an opportunity to be heard.
MR. SMILIE said he had taken it for granted, as the gentleman from Virginia had been heard on a motion before the House, he had a right to be heard in reply. He did not however at that late period of the session rise to waste the time of the House. He had already observed that the subject before them was a very good one for any gentleman who wished to make a popular speech; but he would ask whether entering into a discussion of the rights of the Senate was faithfully discharging their public duty at such a time. For himself he had no disposition to quarrel with the Senate. He thought harmony between the two branches essential to the public good. We have now sixty-four bills before us. Are gentlemen serving the country when they are making long speeches upon such an occasion? We ought now, I think, to proceed with the public business, and hold our tongues as much as possible; and at all events to suspend long speeches until the next session.
MR. RHEA (of Ten.) As to what has fallen from the gentleman from Penn. I will only say that I trouble the House as little as any member on this floor. With regard to the remarks of the gentleman from Vir. it was with surprise that I heard the proceedings of the last session brought into view. At that time I was opposed to repealing the duties on salt. My reason was that the information on which it was founded did not come from the proper source. This inclined me to think that the proceeds of that tax might be necessary for the public service. That impression is now removed, and I shall, therefore, vote for the repeal. I then held the doctrine, and I still continue to hold it, that if this House send to the Senate a bill to raise revenue, they have a power to assent or not to assent to it. If they do not possess this power they are a useless body. I did not say they have power to originate money bills; I only contended that they had the power to say whether they would repeal or not a bill relating to revenue. The contrary doctrine I have never heard broached
before this day, and I hope never again to hear it contended for. As to the observations of the gentleman with regard to passing laws in a thin House, when the journals go out to the nation, my name will be found nearly at every question tak.
MR. J. RANDOLPH. Notwithstanding the rebuke which the House has received from the gentleman from Pennsylvania, I must conceive myself at liberty to say something on it, when the gentleman himself, in order to entitle himself to the right of debate, had to get a friend to renew the motion. I do not blame the gentleman for renewing the motion; on the contrary, had I known the gentleman wished to say anything, I should not have withdrawn it. My reason for withdrawing it was that I saw that the Senate would give us an adhering vote. Instead of sixty, there were sixty thousand bills on our table, I should feel myself justified, if it were in the last half hour of the session, in entering my protest against what I considered an unconstitutional exercise of power, even by this House, and if so, how much more justly am I, as one of the representatives of the people, in opposing such an unconstitutional grasp of power by the other branch. But it seems that the gentleman from Pennsylvania does not consider this grasp of power as unconstitutional, and his creed, like that of Athanasius, is infallible. Every man who disbelieveth is damned. Let the gentleman, if he pleases, say he does not believe as other gentlemen do, and therefore he will not vote with them; but don't let him in his canonicals, come forward and impose his belief on the House. So far from considering it an unnecessary consumption of time, to enquire into great constitutional questions, I do think that this species of discussion tends more than any other exercise of our freedom of speech to the public good. Shall we sit here, discussing bills for days for the relief of William Eaton and Oliver Pollock, and when great constitutional questions present themselves, vote by ayes and noes?
Before I sit down, I will observe, that when I spoke of the absence of members, I alluded to times before the gentleman from Tennessee or myself had a seat on this floor; nor can the House imagine that when I spoke of a change of temper, I thought of this member or of that. I spoke of the temper of the House generally; and not of any particular members, whom I scarcely think of in the House, or out of it. Had we exercised the last year the same firmness, as I trust we shall exercise this year, we should have got rid of the tax.
My opinion is, that continuing the Mediterranean fund is as much originating a tax as if a special bill, imposing a new tax, were passed; and as the Senate have no right to originate money bills in the first instance, I say they have no right by prevarication or circumvention, under the cover of repealing a tax on salt, to continue the duties which constitute the Mediterranean fund. This House has said we will give the Mediterranean fund in lieu of the salt tax. The Senate say they will take twelve twentieths of the salt tax likewise. We have a right as representatives of the people, to say we will not give a single cent more than we have already yielded. This is my ground. It may, in the opinion of some gentlemen, be untenable; but believing it to be a great constitutional question, I will contend for it with my last breath. It has been suggested to me by the gentleman from Georgia that if the motion to insist be withdrawn, he will move to adhere.
MR. LYON contended for the right of the Senate to exercise the power assumed by them on this occasion.
MR. THOMAS. I renewed the motion to insist, that the gentleman from Pennsylvania might have an opportunity to reply; but as I do not think the orderly course of procedure between the two Houses on a disagreement of votes either to resolve to insist or adhere, but to send back the bill with our non-concurrence in their amendments, being in favor of of this course on this occasion, I will withdraw my motion to insist.
MR. EARLY. I am glad the gentleman has withdrawn this motion, as I have been of opinion from the commencement of this discussion that the proper motion was to adhere, because I think that motion will bring the subject before the two Houses to a point. If we resolve to adhere, there will be an end of the present consumption of time. Whereas if we do not resolve to adhere, we shall put ourselves in the power of the other branch of the legislature. If we insist, the other branch may resolve to adhere; or suppose we only send them our disagreement to their amendments and they adhere—where are we? Either of these courses would put the House at the mercy of the other branch of the legislature. I hope the House will agree—I wish to see whether the House is determined to adhere at all events. For this purpose I move that the House adhere, and call for the yeas and nays.
MR. LYON opposed adhering. Though willing to go every proper
length to bring the Senate to a concurrence, he was for doing it in a consistent way.
MR. R. NELSON was really not a little astonished to behold so sudden a change as he had frequently seen in the course of the session in the opinion of members, and of which he was a little apprehensive in this case. He would ask what reason had occurred to induce them to change their opinion, since this subject was before under discussion. How this out of door business was managed he could not tell. It was such however as, if persisted in, would ruin the nation. After a full expression of sentiment, placed on record, a night intervened, and gentlemen come next morning and vote directly different from their votes of the day preceding. A lamentable instance of this had occurred in the case of the post-office bill. He would repeat it, what had turned up to make the House give a different vote from that given on the original bill? He hoped the House would adhere—he believed it would be good policy to do so. He seemed inclined to think the Senate had stepped out of their proper orbit in proposing these amendments. If the Senate could exercise such a power, there was an end to the constitutional provision on the subject of money bills.
MR. QUINCY said the principle laid down by the gentleman from Virginia did not apply. They had sent a bill to the Senate repealing two acts imposing duties on salt, and for continuing the Mediterranean fund. The Senate have agreed to repeal one of the acts laying a duty on salt, but refused to repeal the other; proposing at the same time to continue the Mediterranean fund for a shorter time. How then can gentlemen say, that here is a constitutional invasion of our powers by the Senate? If we had sent separate bills, could any gentleman say that they had a right to agree to the one, and not to the other? And they had surely the same right, when both objects were inserted in one bill.
MR. SMILIE said he believed there was little difference in the House on this subject, and he had therefore thought it unnecessary to say anything on it. He hoped they would all agree to adhere.
MR. RHEA (of Ten.) repeated that he was in favor of adhering; not however under any impression that there was any force in the arguments of the gentleman from Virginia relative to the alleged assumption of power by the Senate. It was true that the right of originating money bills was exclusively vested in the House; but it was equally true that the Senate had the right to modify or amend them; and in the present case the argument was exceedingly misplaced, as instead of prolonging they had shortened the continuance of the duties.
MR. GOLDSBOROUGH. The House have determined to disagree to the amendments of the Senate, and the motion now made is to adhere to our original bill. According to the usages between the two bodies, it is common in this stage of the business to appoint a committee of conference; but if the object by adhering be to wave all committees of conference, I approve of it. And if it be meant when the House is full, to counteract any vote that might be given by a smaller number, I equally approve it. My opinion is that the salt tax operates oppressively upon the country, and I am therefore for repealing it; and my only reason for continuing the Mediterranean fund is, that it releases the country from this tax.
The question was then taken by yeas and nays, on adhering to the original bill, and carried—Yeas 93—Nays 20—as follows:
Yeas—Messrs. Alexander, Alston, jun. Anderson, Archer, Bard, Barker, Bassett, Bedinger, Betton, Bibb, Bidwell, Blake, jun. Blount, Brown, Burwell, Butler, J. Campbell, Chandler, Chittenden, M. Clay, Clopton, Conrad, Cutts, Darby, Dawson, Earle, Early, Elliot, Ellis, Elmer, Ely, Eppes, Findley, Fisk, Garnett, Goldsborough, Goodwyn, Gregg, Halsey, Hamilton, Helms, Holland, Holmes, Hough, Jones, Kelly, Kenan, Knight, Lambert, Lewis, jun. Livingston, Lloyd, Mac Farland, Marion, Meriwether, T. Moore, Jer. Morrow, J. Morrow, Mosely J. Nelson, R. Nelson, Olin, Picken, jun. Pugh, J. Randolph, Rea of P. Rhea of T. Richards, Schuneman, Seaver, Sloan, Smelt, Smilie, J. Smith, S. Smith, Southard, Stanford, Stanton, Stedman, Taggart, Tallmadge, P. R. Thompson, T. W. Thompson, Trigg, Varnum, Wadsworth, J. Whitehill, R. Whitehill, D. R. Williams, M. Williams, Wilson, Winn, and Winston.
Nays—Messrs. Claiborne, Cook, D. A. Green, Hastings, Lyon, Masters, McCreery, Mumford, Newton, junior, Quincy, Russell, Sailly, Sammons, Tenney, Thomas, Tracy, Van Cortlandt, Walton, and Wickes.
A short time afterwards a message was received from the Senate, stating that they had resolved to adhere to all their amendments.

THE CONSPIRACY.
(CONTINUED.)
But amidst these proud trophies of a government, whose best praise is its competency to guard the public liberty and general happiness, we are called upon to notice some circumstances of peculiar delicacy and even difficulty. The military power at New Orleans has assumed the exercise of authority, vested by our constitution and laws in the civil departments of the government, and has thus suspended, for a time, the enjoyment of some of the dearest privileges of the citizen. However strong the necessity that may have dictated these measures, there is no man in this country friendly to our political institutions, that must not sincerely deplore their occurrence. The subordination of the military to the civil power is one of the most necessary preservatives of freedom. There can be no principle of greater value.
That the invasion of a principle thus sacred, a principle for which we recently put our peace, our property and our lives at issue, should awaken an extraordinary sensibility is not in the least surprising. It would, on the contrary, have been surprising if events so rare and interesting had not commanded a general and solemn attention.
We rejoice that this sensibility and this attention have been excited. Regardless of the auspices, under which the one is attempted to be kindled into fury, and the other challenged to the exclusion of all other subjects by a zeal whose vehemence betrays great art or little reflection, the friends of the government ought to be, and we believe will be among the foremost to give this subject the freest and fullest examination. They will not pursue the enquiry in that spirit which has characterised most of those animadversions recently presented to the public; they will not make use of it as a stalking horse to gain the confidence of the people; they will not seize upon it as the last forlorn hope of turning the tide of public opinion against those who have heretofore possessed the confidence of the nation; they will not torture truth, so as to effect the basest political or personal objects; they will not, before they have made any examination, pre-determine to destroy this man or that man. Unused to the use of such means, they will leave them exclusively to those heretofore have done, to their adversaries, and confine themselves to the simple enquiry how far the events at New Orleans are justified by actual circumstances.
The first suggestion which presents itself to the unprejudiced enquirer after truth is, that any decided judgment at the present time is premature. Few events, which have occurred in this country, are clouded in so much uncertainty, as those on which we are thus called to pronounce. The virtue of the commander in chief is itself loudly impeached. Whether there be any truth in the imputations thrown on his fame we pretend not to say. They may be true; but however clearly this may be eventually established, it is not less certain, that there is, at present, before the public, no information on which an honest and unprejudiced mind would feel itself at liberty to decide. If any judgment were given, it would be that of acquittal and not conviction, according to the invariable feeling of every honest mind that an individual ought to be considered innocent until proof is adduced of his guilt. Equally obscure is the information we have heretofore received of the degree of danger existing or apprehended at New Orleans. Nor are we better enlightened with regard to the number or power of Burr's confederates at that place. Under these circumstances it is the duty of a man, not rash to madness, or prejudiced beyond conviction, to hesitate before he definitely declares General Wilkinson unjustified in the strong measures he has taken.
For ourselves, we should practice what we inculcate on others, and refrain from all farther discussion of a topic so difficult of treatment at the present moment, were it not for the unjust attempts which are so industriously made, to overwhelm the conduct of the commander in chief, and to use this as the means of vitally injuring the government. When, however, the federalists are in arms from one end of the union to the other, and are using these events as the means of once more rallying their forces and arraying them against those now in power; when their denunciations are mingled with those of a still louder note, emitted by the voice of treason; when too of the republicans of the nation, some from impure and others from honest motives are induced to increase the clamour—it certainly becomes the duty of the friend of truth and of his country, to give the subject as full an examination as the circumstances already referred to admit. Had he been permitted to take his own course, he would have remained silent. Attacked by an avowed enemy, resistance becomes a duty, enforced by a principle of all others the strongest, the principle of self-defence.
The first point that presents itself for examination on this subject is, whether there can exist any situation in which an invasion of civil rights by military authority is justifiable. It may be confidently affirmed that there are, it is true, that the general theory of our institutions, no less than their positive injunctions place the civil above
the military power. It may likewise be demonstrated that this is essential to the maintenance of republican principles, as without it freedom cannot exist; but although this proposition be allowed in its utmost latitude, it is, notwithstanding, a gloomy fact that emergencies will too often occur, in which the salvation of the country, or at any rate some of the most invaluable blessings enjoyed by it, will depend upon the instantaneous application of force; in which the imminence of the danger will require immediate and vigorous exertion. If this danger present itself at a point where the armed force may be stationed, remote from the seat of government, it will inevitably follow, that a good officer who clearly perceives the approaching danger will consider it his duty to exert all the means in his power to repel it; or will any man hesitate under such circumstances. According to their nature, he will observe or violate the instructions he may have received, as well as the existing laws or constitution of his country, where the necessity is great and commanding. These, however sacredly he may hold them in common times, will be no hindrance on the exercise of his power; he will do what he deems right, and stake his life, his liberty and fame on the issue. It has been well said that necessity knows no law; and although this be called the plea of tyrants, it may still be, as it often has been, the best justification of freemen. For its verification we appeal to the annals of the revolution, which, if they illustrate any one thing emphatically above another, illustrate the necessity, in times of danger of transcending the regular limits of law.
There is one consideration on this head, that merits some attention, as arising from the peculiar nature of our institutions. It is that just in proportion to the approximations of a government to the greatest state of freedom, will be the occasional necessity in periods of uncommon danger, for some of the public functionaries to adopt measures that will in some measure violate the established constitution or laws. In despotic governments, where all power, civil as well as military, is concentrated in the hands of one man, it is obvious that no occasion can present itself in which the despot can transcend his powers: and the same remark will apply, with proportionate strength to the monarchies and aristocracies of Europe, according to the several degrees of similitude they bear to a despotic government. It is to be remarked that in almost all of them the military power is, without limitation, placed in the hands of the civil executive. Collisions between these two departments of power can therefore rarely happen. Whereas under a free government, which principally consists in the limitation and distribution of different species of power among the several distinct and co-ordinate departments, they may naturally, and will some times necessarily take place. Hence we may expect, if exposed to equal dangers with the European world, that these interferences of one department with another, these usurpations of authority, these violations of the constitution, will more frequently fall to our lot than to that of nations less free.
It may be well on this subject however to descend from general reasoning to particular cases, which will perhaps more conclusively shew the duty of the public officer in several cases to violate the constitution of his country, to act without law, and in some instances even contrary to law; for this is in fact the true view of the subject. It is not so much a case between the military and civil power, as between the former and the constitution and laws of the country. The civil power is indeed no other, wise entitled to respect than as being the established constitutional organ for carrying these into effect. So long as the military, or any other species of power aids it in executing them, the act is meritorious. It is only when it opposes itself to rights or benefits guaranteed by the constitution or laws, that it becomes reprehensible.
Let us then suppose a case, which indeed federalists have not many years since sounded in our ears not merely as possible, but as probable—the case of a sudden and alarming invasion by a foreign enemy. Among the wise instruments of defence devised by republican policy is an overflowing treasury. With five millions at the disposal of the government, without any particular objects calling for its disbursement, it has been justly believed that we would be enabled on any emergency to present a bold front to the enemy. Let it, however, be recollected that this sum remains entirely unappropriated to any particular object. Suppose, then, the invading army to be on our shores, and the loudest call consequently made upon the federal government, to protect the country from desolation. The constitution makes it the duty of the President to defend the country, and vests him with full authority in the very case referred to. This, however, could not be done to any effect, without money; and in such a case as this without a very large sum of money. On this point the constitution holds a different language. It expressly prohibits the expenditure of a single dollar unless previously appropriated by law. Suppose Congress not to be in session. The invading enemy surely could not be expected to wait until they should be regularly convened, to call out the national strength. What would the President do in the mean time? Would he permit the enemy to advance, without an effort to check them? Would he bid the good people of the U. S. to fall back at their approach when he had the means within his reach to arrest if not destroy them? Would he wait till the
tardy forms of legislation should have legalised to his use the millions in the exchequer? No—Instead of this, if he did his duty, he would take them without a scruple, and expend them in embodying and furnishing a competent force to defend the country. Nor doing this, however unconstitutional and illegal, he would not do his duty. He would omit doing that for which he ought to be, and would be impeached, and ejected from office, amidst the frowns and indignation of an incensed nation. Here then is a clear, decisive, indisputable instance in which the force of necessity rejects all restraint, and in which the salus populi est suprema lex , the constitution and laws to the contrary notwithstanding.
Cases somewhat analogous, or even of greater strength, may be imagined. The executive magistrate, for instance, if there were not unappropriated millions enough in the treasury, would not hesitate on his own responsibility to borrow them; or if that could not be done, to divert from the purposes to which they were applied by law sufficient sums to meet the emergency; and in case all these resources failed to seize by violence the property of individuals; for which he could not fail to receive the thanks of his country.
There can be no doubt, then, that cases may occur in which violations of the constitution and laws will not only be venial; but in which it will be the duty of the executive to commit them. Arduous as the performance of such duties may be, it is the duty of an executive duly sensible of the high functions attached to his station, fearlessly to discharge them. Well aware that constitutions and laws, however deliberately framed, can never be so perfect as to provide for all possible emergencies, he will not hesitate, if the good of his country is his supreme motive, to discharge such duties, however perilous it may be to him. The patriot, who in ordinary and tranquil times would not, for any consideration under heaven, step beyond the orbit of power assigned him, will be the foremost and the most resolved to take upon himself every responsibility that in periods of danger his station requires. He will not for a moment believe in the possible injustice of his country; but even if he should doubt on this score, he will obey the dictates of his conscience at any risk.
How far do these principles apply to the recent transactions at Orleans? This enquiry is reserved for our next paper.
(TO BE CONTINUED.)
Advises are received from New Orleans as late as the 17th of February. From these and other sources of information, it appears that all was tranquil at New Orleans, and that a relaxation had taken place in the measures adopted for defending that place.
The following statements will exhibit the course pursued towards Burr at Natchez.
There is the best reason to believe that his object was to precipitate a trial, and of consequence to get an acquittal, after which he could not be tried again for the same offence. This would, indeed, have been a triumph. In this, however, he has been defeated; and when the necessary proof shall be collected he may hereafter be prosecuted and brought to justice.
In the mean time his escape proves, either that he was afraid to meet a full enquiry into his conduct, or that he still has objects in view which required his presence to further. Every effort on the part of General Wilkinson to take him had failed; and no one was able to say what had become of him, or whether he had fled.
The public will unquestionably be astonished at the presentment of the grand jury. It has, however, been the misfortune of the Mississippi territory to have been long divided by parties as well of a personal as political nature, and it is very probably, in some measure, to this circumstance that we owe this strange act. But let it be recollected that the measure was taken entirely on negative testimony; that the attorney of the district, considering the court as not possessed of cognizance of the case, declined acting in the business. As it was from this quarter alone that evidence against Burr could be rationally expected, of course the jury must have been confined to ex parte evidence virtually exculpatory of him.
It is said that Burr's flotilla of fifteen boats had moved from their station off Cole's river; but that some of them had been destroyed, and others considerably injured, by a high wind that sprung up.
FROM THE MISSISSIPPI MESSENGER.
BY ROBERT WILLIAMS, GOVERNOR OF THE MISSISSIPPI TERRITORY. A PROCLAMATION.
WHEREAS AARON BURR, Esq. late Vice President of the United States, was bound in recognizance to appear at the supreme court of this territory, himself in the sum of five hundred dollars, & two securities in the sum of two thousand five hundred dollars each "to answer any bills of indictment that might be found against him and to continue to appear from day to day, until dismissed by the said court," which he has failed to comply with, and as it appears has made his escape.
I do, therefore, issue this my proclamation for apprehending the said Aaron Burr, Esq. and by the powers and authorities which I possess, will pay or cause to be paid, to any person or persons
who will take the person of said Aaron Burr, and cause him to be delivered to me at this place, or to the President of the United States, the sum of two thousand dollars.
Given under my hand, at the town of Washington this 6th day February, 1807.
ROBERT WILLIAMS.
Natchez, Feb. 10.
COL. BURR.—On Monday the second instant an adjourned session of the supreme court of the Mississippi Territory, was held in the town of Washington, to which Aaron Burr was recognized to appear, and answer such bill of indictment as might then and there be exhibited against him. Col. Burr appeared on the day mentioned in his recognizance, attended by his counsel William B. Shield and Lyman Harding, Esqs. Agreeable to a venire facias issued by the Hon. Thomas Rodney and Peter B. Bruin, a jury of seventy two free holders appeared in court, and on the day following twenty three of their number were selected by the court as a grand inquest. The Hon. Thomas Rodney then delivered to them a comprehensive and impressive charge, and the court was adjourned till ten o'clock the succeeding day—at which time Mr. Poindexter, the attorney general, moved the court to discharge the grand jury. He stated that after examining the depositions submitted to him by the court, he did not discover any testimony which brought the offences charged against Col. Burr, within the jurisdiction of the courts of the Mississippi Territory: that the supreme court of the Mississippi Territory was not a court of original jurisdiction, either criminal or civil and could take cognizance only of points referred at the trial in the respective circuit courts, where all criminal prosecutions must originate, according to the statutes of the territory. He further observed that in order to secure the public safety the territorial judges ought immediately to convey, he acceded to a tribunal competent to try and punish him. (if guilty of the charges alleged against him) which they might legally do, and hereby effectually prevent the contemplated military expedition against Mexico, and main in inviolate the constitution of the United States.—He therefore hoped that inasmuch as the attorney prosecuting for the United States had no bills for the consideration of the grand jury, that they could be discharged.
Colonel Burr made several observations against the motion, and remarked, that if the attorney general had no bills for the grand jury, he had, and therefore they ought not to be dismissed. On this motion the court was divided. Judge Bruin declared himself opposed to discharging the grand jury, unless Col. Burr was also instantly discharged from his recognizance.
The attorney general then withdrew, and the grand jury were directed to retire to their room, who in the course of the day returned with sundry presentments, which are given at large in this day's Messenger. We deem it unnecessary to remark that these presentments were not founded on any bill exhibited to the grand jury, and that being negative they merit no further attention than a mere perusal.
On Wednesday evening, the grand jury were discharged, and Colonel Burr demanded his release from his recognizance—the court refused. He did not appear in court on Tuesday morning, it was reduced to a certainty, that he had made his escape.
We understand that his excellency governor Williams intended to seize on the person of Colonel Burr, the moment he was discharged by the judicial authority.
At a supreme court held for the Mississippi territory, at the town of Washington, on Tuesday the 2d Feb. 1807.
The grand jury of the Mississippi territory, on a due investigation of the evidence brought before them, are of opinion that Aaron Burr has not been guilty of any crime or misdemeanor against the laws of the U. S. or of this territory, or given any just occasion for alarm or inquietude to the good people of this territory.
The grand jury present as a grievance, the late military expedition unnecessarily as they conceive, fitted out against the person and property of said Aaron Burr, where no resistance had been made to the ordinary civil authority.
The grand jury also present as highly derogatory to the dignity of this government, the armistice (so called) concluded between the secretary, acting as governor, and the said Aaron Burr.
The grand jury also present as a grievance, destructive of personal liberty, the late military arrests, made without warrant, and as they conceive, without other lawful authority; and they do seriously regret that so much cause should be given to the enemies of our glorious constitution, to rejoice at such measures being adopted in a neighboring territory, as if sanctioned by the executive of our country, must sap the vitals of our political existence,
and crumble this glorious fabric in the dust.
P. Smith, Foreman, Lewis Evans, Ebenezer Rice, James Shain, James Andrews, John Brooks, Love Baker, J. Guion, George Gwraze, H. Turnep, John Rabb, Nathl. Hoggatt, E. Newman, James Dunbar, John Wood.
REMARKS ON AURORA.
AN OUTLAW EMPEROR.
The federalists have now an opportunity of exhibiting new evidences of their sympathy and attachment to traitors.
Burr has escaped from his bail and 2000 dollars is considered as a sufficient reward to be offered—for the apprehension of the emperor of the Quids.
As the federalists have endeavored (or been bale enough indirectly) to sacrifice the character of Mr. Eaton.
As they have affected to attach no importance to the declarations concerning the adventures made by the Quid emperor to commodore Truxtun.
We offer them now a little further information. No federalist will pretend to suspect Benjamin Stoddert, late secretary of the navy, of a marked attachment to the policies of the present executive administration.
Yet we take upon us to assert, and we defy contradiction or denial, that Mr. Stoddert has communicated to the executive in his own hand writings or narration of Burr's scheme, stated by Mr. Burr personally, to Mr. Stoddert, and which statement corroborates the affidavit of general Eaton, in the most serious and sanguinary points—the very number of men which Burr conceived to be competent to the expulsion of the President and of both Houses of Congress was mentioned by Burr and to Mr. Stoddert.
We have no doubt whatever, that the federalists and quids will be ready to impeach the veracity, or to discredit the evidence of Mr. Stoddert.
And that they will be as ready to exult in the escape of Burr as they were ready to triumph in the expected execution of Vice .
The very men who echoed the wish that Pittsburg had been burnt—are now lamenting that New Orleans was not taken by Burr.
Either there is extreme corruption in what is called the middle or upper class of society, from which grand juries are selected, or great ignorance of their rights.
Some treatise of the rights, duties, and power of juries, is very essential in all parts of the union—the conduct of a Kentucky grand jury has been imitated by a grand jury at Natchez, in Burr's case.
To the Editor of the National Intelligencer.
Sir,
I have just learned that my name has been offered to the public through the medium of the Aurora as one concerned in the expedition said to be contemplated by Mr. Burr. I have witnessed too well the spirit of persecution for some years dominant in the U. States, not to have anticipated surmises of every kind against the son in law of that gentleman, but I could not have believed in the profligacy of a direct assertion on that account. It is now my intention to provoke the earliest investigation by a suit to be instituted against the Editor of that paper, but as this measure may operate as a further simulant to abuse in a corrupt adversary, I must pray you to give publicity to this letter, and to this my declaration, in the most unequivocal manner, that I have never had any communications either directly or indirectly, with Mr. Burr on the subject of the charges exhibited against him, and that I have no knowledge whatever of his views, other than such as is possessed in common with my fellow citizens from the information of General Wilkinson.
I am mortified in being compelled to a declaration of this kind in vindication of my character; and in lieu, Sir, I should never have condescended thus to humiliate myself, but that during the time to which the charge must allude, I was invested with one of the most important offices of my country.
I am, Sir, with great respect, Your obedient servant, J. W. PREVOIST.
NEW-ORLEANS, JAN. 6, 1807.
City of Washington, March 14th, 1807.
Having been informed that there were several unauthorized and probably some spurious publications now preparing for the press, on the subject of my late tour to the Pacific Ocean by individuals entirely unknown to me, I have considered it a duty which I owe the public, as well as myself to put them on their guard with respect to such publications, lest from the practice of such impositions they may be taught to depreciate the worth of the work which I am myself preparing for publication before it can possibly appear, as much time, labor, and expense are absolutely necessary in order to do justice to the several subjects which it will embrace: With a view therefore to prevent the practice of these deceptions the public are informed that the lists for subscriptions which have been promulgated by myself are headed with the subjoined Prospectus, and that those who wish to possess the genuine work, may obtain it

WASHINGTON CITY.
MONDAY, MARCH 16.
In the NEW ANNUAL REGISTER for 1806, we find the following handsome attestation to the correctness of the policy which secured to us the important acquisition of Louisiana; and we find, likewise, a just appreciation of the characteristic policy which has guided the administration from its accession to power to the present day; a policy no less calculated to excite the admiration of unprejudiced minds on the other side of the Atlantic, than to diffuse happiness on this.
The acquisition of Louisiana is of importance to America in a variety of respects. As a territorial enlargement, its value is by no means inconsiderable; but as its possession by the French would almost infallibly have sooner or later disturbed the tranquility of the United States, their exclusion is of much greater consequence to the progressive prosperity of those peaceful regions, than any advantages resulting from a mere augmentation of the resources of the state.
The tranquility and progressive improvement of the American states present an enviable prospect of internal happiness and prosperity. While the nations of Europe are exposed to the danger of being involved in general warfare, peace, with all its attendant blessings, diffuses its benign influence over the happy regions of the western world.
THE CONSPIRACY.
(CONTINUED.)
This plot, menacing as it once was, is crushed. By what means? By means honorable to the government, to the nation, and to republican principles.
The vigilance and energy of the general government: The active and energetic co-operation of the state and territorial authorities: and above all, The virtue and intelligence of the American people.
Because the advocates and apologists of monarchy have, time immemorial, claimed for that species of government, the attributes of vigilance and energy, it has been lightly, and, in our opinion, falsely inferred that the republican system was destitute of them. It is true that many of the ancient, and more of the modern republics, as they have been erroneously styled, were characterised by a policy at once ignorant and embattled; but the systems established by ourselves are indubitably the only legitimate republics that have ever existed—the only systems which contain the essential and indispensable principles of free governments.
The American plenipotentiaries to the British government received instructions on Saturday last from the American minister, Mr. Armstrong, at Paris.
vice, his majesty is thereupon pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, that no vessel shall be permitted to pass from one port to another, but such ports shall belong to or be in the possession of France or her allies, or shall be so far under their control as that French vessels may not freely trade thereat; and the commanders of his majesty's ships or any other privateers shall be, and are hereby instructed, to warn every neutral vessel coming from any such port, and destined to another such port, to discontinue her voyage, and not to proceed to any such port; and any vessel after being so warned or any vessel coming from any such port, after a reasonable time shall have been allowed for receiving information of his majesty's order, which shall be found proceeding to another such port, shall be captured, and brought in, and together with her cargo shall be condemned as lawful prize.
W. FAWKNER.
LOVER EBBE, JAN. 2. The report of the French having sustained a severe defeat from the Russians continues to maintain itself. The engagement took place between the Vistula and the Bug, and the loss of the French is stated at near 30,000 men killed and prisoners. However this may be, there can be no doubt that the affairs of the French in Poland are in a very bad way; nor is it supposed by any one they will be able to maintain their ground in that country, as the Russians, by official documents, have now the following force in the field: Troops of the line, three corps, consisting of 75,000 men each, 150,000 troops of reserve, also regulars; 100,000 Cossacks, Bashirs, Calmucks, and Kraises; 200,000 new levy, completed January 1, 1807; 400,000, a levy in a mass, on the frontiers, for the protection of the empire constituting a total of 1,075,000.
The emperor Napoleon is said to have sold to the king of Holland the cities of Hamburg, Lubeck, and Bremen, on condition of his receiving a certain annual tribute.
By private letters from Bucharest, of the 17th inst. it is said Ségur has consented to receive a Russian garrison at Constantinople.
Passwan Oglou is now a vassal of Russia, whose troops have occupied Vidin, Bender, Chozin, and Jassy, have been voluntarily surrendered by the commandants of those respective garrisons; but Russia professes to respect the independence of the Porte, and to guarantee it agreeable to treaty.
New York, March 1.
Last evening arrived at this port the ship James, Pinkham, from Liverpool, which place she left on the 26th Jan. and captain P. has very obligingly favored the Editor of the Mercantile Advertiser, with Liverpool papers to the 24th Jan. containing London dates of the 22d; from which the following articles are taken. Further extracts will be given in our next.
LONDON, JAN. 21.
The report of a battle between the Russians and French in Poland, which has terminated greatly in favor of the former, continue to prevail. Admiral Russel, it is now stated, had sent dispatches to the admiralty, that speak of his having received such intelligence from several neutral ships, which have passed him off the Texel.
JAN. 22.
We are happy to have it in our power to lay before our readers some most important and gratifying intelligence from the continent. A gentleman arrived this morning at the Foreign Office, from Poland; he has brought letters from Lord Howick from Mr. Adair at Vienna, and was also able from his own observation to communicate very important information.
The British government received instructions on Saturday last from the American minister, Mr. Armstrong, at Paris. They were brought to this country by an American gentleman, who quitted Paris on the 10th inst.
ers, however guardedly conferred, from the honest purpose for which they were given. These are a few of the reasons why the very name of a republic became a term of reproach.
As far as an experience, limited indeed in point of time, but almost infinite in the harvest of wisdom, it has yielded, justifies us in drawing a conclusion, this system has shown itself to possess every attribute which is capable in the highest degree of advancing the general good connected with the least capacity to impair it.
It will be readily admitted that it has none of these dreadful engines of persecution and tyranny. These instruments so capable of fatal abuse, so incapable of producing any substantial good—so destructive indeed of every blessing the security of which alone legitimises government.
Events have fortunately verified every suggestion here made, and turned theory into practice.
These events equally repel the imputation of a want of energy.
No circumstances more forcibly illustrate the truth of this remark than those presented by the overthrow of this conspiracy.
It is thus that the true energy of a republican government displays itself, instead of embodying an immense standing army, often more dangerous than the evil it is created to arrest, it finds its true organs of coercion in the great body of the people, who probably never will fail under such a system to over-whelm with the most awful vengeance those who shall have the temerity to attempt to subvert their liberties, or disturb the general happiness.
As far as an experience, limited indeed in point of time, but almost infinite in the harvest of wisdom, it has yielded, justifies us in drawing a conclusion, this system has shown itself to possess every attribute which is capable in the highest degree of advancing the general good connected with the least capacity to impair it.
It will be readily admitted that it has none of these dreadful engines of persecution and tyranny. These instruments so capable of fatal abuse, so incapable of producing any substantial good—so destructive indeed of every blessing the security of which alone legitimises government.
(To be CONTINUED.)
PUBLIC SALE.
BY virtue of a deed of trust from James Wigfield to the subscriber will be sold to the highest bidder on the 27th of May next at the hour of 12 o'clock A.M. on the premises a Lot of ground supposed to contain ten acres with the wood thereon, situated near the lower Bafern Branch bridge and on the road leading to Marlbro.
A BARGAIN.
THE subscriber offers for sale the farm he now occupies, containing near 300 acres with or without the stock thereon. It is distant from the cities of Georgetown and Washington, about five miles, and well known as a healthy situation.
Fruit Hill.
Some Lands calculated for the culture of cotton, Indian corn and small grain, situated on a navigable river in the healthiest part of the state of Georgia, will also be sold on reasonable terms or exchanged for negroes.
Jan. 29—rin2wtf
state of Maryland, Montgomery county
ORDERED by the court that all suits transferred from the General Court to this court, under the act of assembly entitled "An act to provide for the organization and regulation of the courts of common law in this state, and for the administration of justice," and continued under the rule to employ new counsel, shall not continue longer than to the end of the next court, under the said act, and the issues therein therein are hereby required to appear to the same in person or by counsel on or before the second day of next term, or the same will be tried, or discontinued as the case may be during the said term.
Patent Fire and Water Proof CEMENT.
AMONG the various discoveries which have of late been made in the United States, we know of none more deserving of public notice than the following by LEWIS DE NINOCH.
A composition equal in durability to free stone for covering roofs, floors, and plastering walls of houses—
Rendering cellars that are marshy and damp water proof—
Chimney pieces—
Fire hearths and cisterns—
Steps to front and back doors of houses—
Cement pavement entire for front and rear of houses, arches, and work under water, statues, urns, &c. Sec. plaster out side of houses.
The materials of this cement does not much exceed the price of common plastering.
A specimen of the composition may be viewed at Stelle's hotel, Capitol Hill, and also at the Union tavern, Georgetown.
Through mistake we inserted the (N. B.) to Mr. Niroch's advertisement, which was directed by him to be omitted.
March 6—w3t
Valuable Seats for Iron Works.
THE subscriber offers for sale between Five and Six Thousand acres of Land bounded on one side by James River, including Big and Little Owen's Creek, and situate in Amherst county in the state of Virginia.
NATHAN LUFFBOROUGH.
Georgetown, February 16—wtf
This is to give notice, That the
subscriber of Prince George's county and state of Maryland, hath obtained from the Orphans' court of said county, letters of administration on the personal estate of Richard Crampkin late of said county deceased.
THOMAS BOWIE, Adm. of Richard Crampkin.
Feb 18—w6t
NEGROES.
FOR SALE, for a term of years several Likely young Women, among them is a very good cook To hire by the year, two good Laborers and a Boy—they all have good characters Also to rent on north Street, square 142, a Two Story FRAME HOUSE with two rooms on a floor and a passage.
Enquire of the Printer, October 15—wtf
NOTICE.
THIS is to give notice, that the subscriber Shromerlet county in the state of Maryland, hath obtained from the Orphans' Court of Worcester county in said state, letters of administration, with the will annexed, on the personal estate of Joseph Bounce, late of Worcester county aforesaid deceased.
LEVI PELLITT, Adm. of Joseph Bounce. February 26—UG6t

SALE AT AUCTION.
On Wednesday the 18th day of April will be sold at public auction at the house of Dr. JOHN BULLUS, living near the Marine Barracks, all his
Household & Kitchen Furniture, consisting of Mahogany and other bedsteads, bureaus, chairs, mahogany dining, tea and card tables, sofas, dressing tables, wash stands, brushes and Scotch carpeting the greater part of which is new, large pier and dressing glasses, lamps, plated and other candlesticks, lamps, handsome grates, tenders and shovels and tongs, curtains quite new and handsomely made, gilt window cornices, beds, matresses and bed furniture, good paintings and prints in frames, dining and tea china, cut and plain glass, silver and plated ware, consisting of tea furniture, ladies' spoons and bolsters—also, one coach and a travelling carriage nearly new, with harness; a pair of good found horses, and one double harness.
The sale to commence at 10 o'clock in the forenoon, if fair, if not, the next fair day, and continue from day to day until all are sold.
Terms made known at time and place of sale. The goods may be viewed two days previous to the sale.
SAMUEL SPEAKE, Auctioneer. March 3—tdol
AMERICAN COFFEE-HOUSE, WASHINGTON CITY.
The subscribers have opened for the entertainment of travellers, members of Congress, families, &c. relating to the last of government, the houses occupied for several years by Mr. P. D. STEELE, immediately east of the Capitol, to which they respectfully invite the public.
The premises are well known as large and convenient, are provided with new beds and furniture, and the best wines and liquors, facilities for 50 horses, with carriage houses, &c. FROST and QUINN. Nov. 4—15.
LOST or MISLAID, THREE Navy Six per Cent certificates of the following description.
No 41 for 1000 dollars. 96 for 400 do. 109 for 100 do. 2500 Dollars in all, dated 4th August 1800 in favor of Wm. Patterson, and this public notice is given, that new certificates may issue to replace those that have been lost. WILLIAM PATTERSON. Washington February 11—6w
WHARF MATERIALS & WORKMANSHIP WANTED.
The following materials will be wanted for building a Wharf at the south end of 17th Street west (at the mouth of the Tyber) viz. From 600 to 700 perches of Blue Stones. 2000 feet running of White Oak timber. Squared on three sides, 14 inches in the bed, and to raise one foot. 3000 yards of filling in with earth. James Hoban, Timothy Caldwell, J. P. Van Ness, Commissioners. February 20—1
CHARLES H. VARDEN, Merchant Taylor.
New Jersey Avenue, near the Capitol. RESPECTFULLY informs the gentlemen of the district of Columbia, he has imported by his wife ELIZA ANN lately arrived at Philadelphia, A choice assortment
Of Extra Superfine cloths, Bennets, Velvets, and Cords, Cassimeres, single and double milled Sattin cloths, fashionable Spanish Orleans and Toils-nets, rich silk Mouselin velvets, silk and satin Florentines, with a variety of other articles suitable for the season. N. B. Ladies habits, regimentals and navy uniforms made in the first style of fashion. Richard Harwelis celebrated patent parasols, suspenders, can be had on the same terms as at his manufactory. November 12—tf
ELIAS B. CALDWELL, ATTORNEY AT LAW.
Has removed his Office, to the house lately occupied by Mr. Law, on Capitol Hill. Washington, July 26—tf
On a liberal credit.
The subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately opposite the city of Washington. This tract of land containing 697 acres is laid off in lots from 3 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Hanson at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the Eastern Branch bridge. ANTHONY ADDISON. Barnaby, 12th June 1805—tf
CHARLES A. BURNETT,
Has received from London and Liverpool a handsome assortment of articles in his line, consisting of WATCHES & JEWELRY, Silver, Tortoiseshell, and steel Specacres, Table knives and forks with ivory handles, Pen knives and scissors. Ladies and Gentlemen's Pocket BOOKS. He also continues to manufacture gold and silver ware, at the most reduced prices. George Town, Dec. 2d—tf
Tickets in St. Paul's Parish
LOTTERY—BALTIMORE, NEW DRAWING. May be had of any of the Managers, for whole names and the name of the Lottery, for the National Intelligencer, No. 983. February 21—
By virtue of a deed of trust from the Rev. George Ralph to Samuel Tyler deceased, and Mary Pottinger, will be sold at Public Sale, for cash on Monday the 16th day of March next at Mr. Chaplains tavern Charles Hall Academy in St. Mary's county; a tract or parcel of LAND called Hulton, situate, lying and being in the vicinity of said Academy in St. Mary's county aforesaid, containing about 150 acres—also five Negroes consisting of three valuable men, a woman and a lad. MARY POTTINGER, Survivor of Samuel Tyler. February 27—tdol
FOR SALE,
A healthy negro woman under 30 years of age, with two healthy children. For particulars apply to the printer. 1st Nov 1806—epf
LANDS FOR SALE.
By virtue of a decree of the High Court of Chancery, will be sold, at public auction, at Eifetway, in Prince George's county, at 12 o'clock, on Monday the 23rd day of March next, if fair, if not the first fair day thereafter, all the REAL ESTATE of Randalph B. Latimer, deceased, lying and being in Charles county, consisting of several tracts and parts of tracts of land, to wit: Latimer's Addition, Latimer's Second Addition, Latimer's Forest, Widows Harduff, Baygot's Boot, Smallwood's Good Barn, part of Daniel's Conclusion, part of Stewart's Oversight, part of Roby's Help, and a tract of land which the said Latimer purchased of a certain Henry Hogan. These lands will be laid off into convenient lots to suit the convenience of purchasers; a plot, and an accurate description, will be shown on the day of sale. The terms of sale are, that 10 per cent of the said lands as will be necessary to raise the sum of eighteen hundred dollars will be sold for cash, to be paid on the day of the ratification of the sale, which will be about six weeks from the day of sale. The residue will be sold on a credit of one and two years, with interest from the day of sale. Bond with approved security, will be required. NICHOLAS BREWER, Trustee. March 2—tdol
LANDS FOR SALE.
The subscriber offers for sale the following tracts of Land lying in the county of Fairfax, Virginia, viz. one Tract on the south side of Great Hunting Creek, on Potomac river, about a mile from Alexandria and contiguous to the southern abutment of the bridge about to be built over the said creek. There are on this tract about 900 acres, 400 of which are rich low grounds, 450 in woods, most of which is heavily timbered, and the rest rich upland—this tract may truly be said to be the most valuable of its size of any on the river. Also, one other Tract, about 6 miles from Alexandria (on which the subscriber resides) lying on the new TURNPIKE road leading to the westward, and contains 857 acres, well improved with houses, barn, stables, mill, &c. orchards and meadows—the improvements on this land cost 2000. Also one other Tract about 5 miles above the latter, containing 337 acres, with about 70 or 80 acres of bottom land, lying on Accotink run, convenient farm houses, good orchards, &c. Also a moiety of the farm on which Basil Williams at present resides, about three miles from the last mentioned. Also a Tract about 13 miles from Winchester in the edge of Shenandoah county, containing 280 acres. Also about 600 acres of land in the state of Kentucky, a considerable part of which, lying on the Ohio river, is very desirable and valuable. Purchasers of any of the above property may be accommodated with horses, cattle, sheep and hogs, farming utensils, provender, &c. The terms, which will be easy, may be known by applying to the subscriber near Alexandria. AUG. J. SMITH. March 4—6t
Good Lands in West Tennessee,
and Negroes will be received in payment for a considerable part of the above property.
PORTRAIT PAINTING
C. BOYLE respectfully informs the public that he paints Likenesses in Oil Colors, in the building formerly occupied by Mr. G. Stewart, on the Pennsylvania Avenue, near Duane's book-store. N. B. A few specimens to be seen. January 5—tf
Fifty Dollars Reward.
For apprehending RICHARD GOTIER, who broke jail last night. He was committed on his confession of passing counterfeit checks; he is about 5 feet 6 inches high, fair complexion, light hair, grey eyes, very much pitted with the small-pox, and pretty much round shouldered. He was a tailor in the United States service, had a blue sailor jacket and trowsers, a long blue coat, several white linen shirts, a pair of shoes and a very good black hat. The above reward will be given for apprehending and securing the said Gotier in any jail and giving me information thereof. DANL. C. BRENT, Marshal of the district of Columbia. December 8—2awtf
War Department, February 23, 1807.
NOTICE is hereby given, that separate proposals will be received at the office of the Secretary for the department of war, until 12 o'clock at noon of the 5th Wednesday in June next, for the supply of all rations that may be required for the use of the United States, from the first day of October 1807, until the 30th day of September 1808, both days inclusive, at the following places, viz. First, At Niagara, Detroit, Michilimackinac, Fort Wayne, Chicago, and at any place or places, where troops are or may be stationed, marched, or recruited within the state of Ohio, and territory of Michigan, and at any place or places within the Indiana territory north of the 41st deg. of north latitude. Second, At the new military post opposite the mouth of the Hiawasse, and within the Cherokee nation between Tennessee and Georgia, and on the Tennessee river, and on the road between said river and Nashville, and at any place or places where troops are or may be stationed, marched or recruited within the states of Kentucky and Tennessee.
Third, At the garrison near Vincennes on the river Wabash, at Fort Massac, New Madrid, Chickasaw Bluffs, Arkansas, Natchez, & Fort Adams, and at any place or places where troops are or may be stationed, marched, or recruited in the Mississippi territory, except the county of Washington, and at any place or places in the Indiana territory south of the 41st degree of north latitude, and sixty miles east of the Mississippi river. Fourth, At St. Louis, St. Charles, Kaskaskia, Cahokia, and at any place or places where troops are or may be stationed, marched or recruited within the territory of Louisiana north of New Madrid, and at any place or places in the Indiana territory within fifty miles east of the Mississippi river, and south of the 41st degree of north latitude, Fort Massac excepted.
Fifth, At New Orleans, Plaquemine, Point Coupee, Opelousas, Natchitoches, Appoelousas, Atakapa, Fort Stoddert, Fort St. Stephens, and at any place or places where troops are or may be stationed, marched or recruited within the territory of Orleans, or in the county of Washington in the Mississippi territory, and at any place or places on the west side of the Mississippi river below Arkansas. Separate proposals will also be received as aforesaid for the supply of all rations, which may be required for the use of the United States, from the first day of January 1808, to the 31st day of December of the same year, both days inclusive, within the several states hereinafter mentioned, viz.
Sixth, At the Oskaloosie Old Fields, and at any place or places where troops are or may be stationed, marched or recruited, within the state of Georgia, and on the Indian boundary between Georgia and the Creek nation.
Seventh, At Charleston, Rocky Mount, on the head waters of the Santee, and at any place or places where troops are or may be stationed, marched, or recruited, within the states of North and South Carolina.
Eighth, At Norfolk, and at any place or places where troops are or may be stationed, marched, or recruited, within the state of Virginia.
Ninth, At Fort M'Henry, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Maryland and the district of Columbia.
Tenth, At Fort Mifflin, Carlisle, and at any place or places, where troops are or may be stationed, marched or recruited, within the state of Pennsylvania, east of the mountains, and within the states of New Jersey and Delaware.
Eleventh, At Pittsburgh, and at any place or places, where troops are or may be stationed, marched or recruited, within the state of Pennsylvania west of the mountains.
Twelfth, At Fort Jay, West Point, Albany, Schenectady, and at any place or places, where troops are or may be stationed, marched or recruited within the state of New York, Niagara and its dependencies excepted.
Thirteenth, At Fort Trumbull, Fort Wolcott, and at any place or places where troops are or may be stationed, marched or recruited within the states of Connecticut, Rhode Island and Vermont. Fourteenth, At Fort Independence (Boston harbor) and at any place or places, where troops are or may be stationed, marched or recruited, within the state of Massachusetts, the town of Springfield, and the district of Maine excepted.
Fifteenth, At Portsmouth, Portland, and at any place or places, where troops are or may be stationed, marched or recruited within the state of New Hampshire and the district of Maine.
Sixteenth, Proposals will also be received as aforesaid, for the supply of all rations, which may be required by the United States, for the troops which are or may be stationed, marched or recruited within the town of Springfield in the state of Massachusetts, and for the armoures and other persons employed, in the United States' armory at that place, from the 1st day of January 1808 to the 31st day of December in the same year, both days inclusive.
A ration to consist of one pound and one 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 a half of candles to every hundred rations. The prices of the several component parts of the ration shall be specified; but the United States reserve the right of making such alterations in the price of the component parts of the ration aforesaid, as shall make the price of each part thereof bear a just proportion to the proposed price of the whole ration. The rations are to be furnished in such quantities, that there shall at all times, during the term of the proposed contract, be sufficient for the consumption of the troops at Michilimackinac, Detroit and Chicago for six months in advance; and at each of the other posts on the western waters for at least three months in advance, of good and wholesome provisions, if the same shall be required. It is also to be permitted to all and every of the commanders of fortified places or posts, to call for, at seasons when the same can be transported, or at any time in case of urgency such supplies of like provision in advance, as in the discretion of the commandant shall be deemed proper.
It is understood that the contractor is to be at the expense and risk of issuing the supplies to the troops, and that all losses sustained by the depredations of an enemy or by means of the troops of the United States, shall be paid by the United States at the price of the articles captured or destroyed as aforesaid, on the deposition of two or more persons of creditable characters and the certificate of a commissioned officer, stating the circumstances of the loss, and the amount of the articles for which compensation shall be claimed.
The privilege is understood to be reserved to the United States of requiring that none of the supplies, which may be furnished under any of the proposed contracts, shall be issued, until the supplies which have been or may be furnished under contracts now in force, have been consumed; and that a supply in advance may be always required at any of the fixed posts on the seaboard, or Indian frontier, not exceeding three months.
H. DEARBORN, Secretary of War. February 25—2awtfw
FRESH GARDEN SEEDS, &c
HELEN HOLT respectfully informs the public that he has an extensive assortment of Fresh Garden and Flower seeds, Grass seeds, Garden tools &c. for sale at his Nursery Garden Eastern Branch Washington city, Jan. 2—w3m
LAND FOR SALE, By the Subscribers.
IN Northumberland county—800 acres called Exeter Lodge, residence of the late Col. John Gordon; good farming land, adapted to the growth of corn, wheat and tobacco. On this tract which lays on Yeocomico, a branch of Potomac river, there is a large brick dwelling house, within 200 yards of navigable water, abounding with oysters, equal to any in Virginia; fish and wild fowl in abundance, and remarkably healthy situation.
In Fauquier county—about 200 acres wood land, adjoining Mrs. James and Mr. Ballance, near Elk Run Church.
In Caroline county—2700 acres, being part of what is called Beverly Chase.
In Spotsylvania county—100 acres wood land, adjoining Col. Joseph Brock, Major J. Brock and S. Scholes. Also, the middle tenement in the brick buildings in the town of Fredericksburg.
In Culpeper county—960 acres, joins Lancaster Carter, esq. farm on Rappahannock river, at Norman's Ford—815 acres, adjoining Wm. C. Carter, esq. and Col. M. Green. Two thirds of this tract is in wood, and the whole of equal quality to any high land in the county. Also about 1100 acres in the Little Fork, laid out and rented in small farms.
In Albemarle county—that elegant and well known place called Blenheim; containing, by a late survey, 2900 acres, which will be sold altogether, or divided in Lots to suit purchasers.
The whole or any part of the above property will be sold on very low terms, payable one third in cash or country produce, on giving deeds; and for the balance long credits will be given, payment being secured on the property. COLIN & JAMES ROSS, Frederickburg Virg. Dec. 11—w
20 DOLLARS REWARD.
RANAWAY from the subscriber in August last, a Negro Charles—he is a straight well made black man, about 26 years of age, 5 feet 9 or 10 inches high; has lost some of his fore teeth; is remarkably polite and inuendo a gallant. The above reward will be paid to any person who will bring him home or lodge him any jail so that I get him again. WM. B. BRANNES. Upper Marlinton, Jan. 9—rawtf
AN ACT
For the punishment for forgery and for other purposes.
WHEREAS it has been represented to this general assembly, that the crime of forging bank notes and negotiable notes, hath greatly increased, and the punishment already provided by law, not being thought sufficient to prevent the commission of the crime, for remedy thereof.
Be it enacted by the General Assembly of Maryland, That any person who shall with a fraudulent intent, employ an artist to engrave or etch any plate, in imitation of the note or notes of any established bank within this state, or of any bank which may hereafter be established within this state, or which are or may be established by law in any of the United States, or any person engaged in engraving or etching such plate or plates, or any person in any manner engaged in striking impressions from such plate or plates, or any person who shall affix to such notes, fraudulent or forged signatures, or any person who shall be in any manner concerned in the altering, forging or counterfeiting, any note of any bank now existing within this state, or of any bank which may hereafter be established in this state, or any person who may pass within this state, forged or counterfeited notes (knowing them to be such) purporting to be the genuine notes of a bank regularly constituted within any of the United States, or any person who may pass a genuine any note purporting to be a note of a bank which does not exist, or shall pass as genuine negotiable notes, any forged or counterfeited negotiable note or paper whatsoever, or who shall erase or alter any genuine negotiable note or negotiable paper, or any endorsement thereupon; or shall tender in payment, or in any way utter, any such erased altered, or counterfeited note or notes or negotiable paper (knowing such bill or note, or negotiable paper, or the endorsement thereon, to be altered, forged, counterfeited, erased or falsified) with intention to defraud the said bank or banks, or any other person, shall be adjudged a felon, and shall be condemned to death without benefit of clergy. February 4—w8t
JUST RECEIVED,
And for Sale at D. RAPIN'S Book-Store on Capitol Hill.
The Trial of Thomas O. Selfridge, attorney at law, before the Hon. Isaac Parker, & co. for killing Charles Austin, on the public Exchange, in Boston, August 4th 1806—Taken in short hand by Thos. Lloyd and George Caines—price one dollar.
Also—A correct statement of the whole preliminary controversy between Selfridge and Austin; with a brief account of the catastrophe in State Street, Boston, on the 4th August 1806, by T. O. Selfridge—price 27 1/2 cents. March 13—3t
TO LET,
And possession immediately given—That large and commodious brick Dwelling HOUSE & STORE, lately occupied by Mr. ADAM LINDSAY near the Navy Yard; the house is well calculated to accommodate a small family at present, having four rooms nearly finished, a good kitchen, and spring of water in the cellar adjoining. Also, a stable and wood cellar. The fore is large and well adapted to the Dry Good and Grocery business, having a large and dry cellar, with a plank floor underneath the whole of the floor, where goods of any kind may be safely deposited. The situation of the above described premises, for business is not excelled by any in this city. For terms enquire of Mr. Matthew Wright, near the premises or to the subscriber on Ball Capitol street near the Capitol. WILLIAM RMACK, Attorney for Adam Lindsay. Washington City, March 13—tf
This is to give Notice
THAT the subscriber hath obtained from the Orphans court of Montgomery county, on the estate of Maryland, letters of administration on the personal estate of Robert B. Crafford, late of said county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof to the subscriber, at or before the 1st day of August next they may otherwise by law be excluded from all benefit of the said estate. Given under my hand this eighteenth day of February 1807. EDWARD OWEN, Adm're of Robert B. Crafford. March 12—3t
REMOVAL.
P. MAURO takes the liberty of informing his friends customers and the inhabitants of Washington in general, that he has removed his Grocery Store, from opposite the Seven Buildings to the store adjoining south to the Seven Buildings, formerly occupied by Mr. Flummer. FRESH TEAS, Green coffee of superior quality, old Madeira wine, sweet oranges, Lisbon lemons, and a complete assortment of groceries, wines, liquors, fruits, and spices, for sale on very moderate terms, by wholesale and retail at P. MAURO'S Grocery store, adjoining south to the seven buildings. March 13—w3t.
NEW BOOKS,
Just received and for sale at Duane's Bo & Store, Pennsylvania avenue. Tooke's Divisions of Purley, 2 Vols. Carr's Stranger in Ireland, with D'rmody's Life, 1. Charone's life of Nelson, 1. Cumberland's Memoirs, 12 mo. 1. Ferguson's Astronomy, 1. Pleasures of Hope, 1. Butler's Nisi Prius, 1. Powell on Devices, 1. St. Pierre's Studies of Nature, 1. Duheff's Nature Displayed, 2. March 11—3t
JOHN OTT,
DRUGGIST, CHEMIST and APOTHECARY, has received by late arrivals a fresh supply of genuine Drugs, Medicines, Chymical Preparations, and every article useful in Pharmacy, such as have met the approbation of eminent practitioners. Genuine patent medicines of every description, shop furniture, paints, dyes, stuffs, spices and perfumery; all of which he will dispose of on as low terms as the quality and original cost of the article will admit of. Physicians and family recipes put up with the utmost care and attention, and all orders from city, town or country put up with accuracy and dispatch. In addition to the above, he has just received a supply of PRESERVES, CONFECTIONS, FRUIT, &c. viz. Preferred Limes, Pine Apple, Oranges, Strawberries, Citron, Quinces, Peaches, Lemon Peel. Currant Jelly, Green Gage, Marmalade, Lemon, Hoarhound, Cream and Milk Candy, Noyau Cordial, Syrup of Currant and Raspberry Vinegar, Rose and Orange Flower Water, Lemons, Oranges, Raisins, Currants, Almonds, Filberts, Malaga Grapes, Olives, Capers and Anchovies—London Mustard Cayenne Pepper, Refined Sweet Oil, Macaroni & Sausa, Havana Cigars, improved shining liquid Blacking for Shoes and Boots, &c. &c. George Town, Dec. 29—2awtfw
60 DOLLARS REWARD.
RANAWAY from the subscriber living in Prince George's county on Sunday the 29th inst. the three following slaves—a mulatto young man who calls himself BILL STEWART, he was born at Montgomery court house, was once the property of Honore Martin, was purchased of him by the late Rich. Contee who sold him to me; he is a likely we made fellow about 21 years of age, 5 feet 10 inches high, his hands and feet are large; the evening before he absconded he had his hair cut close; he had with him a variety of clothing, viz. a blue coat and overalls, one light colored bearskin coat and overalls, 2 fawn down waistcoats, 3 fine Irish linen shirts and some coarse shirts, three muslin neckcloths, a fine hat, price 7 dollars; he took away a prayer book, in the first page of which is written Mary Duckett. The above reward will be paid for confining the three in jail, or 60 dollars for confining Bill in jail so that I get him again. WALTER BOWIE; July 7—2awtf
Twenty Dollars Reward.
WILL be given for apprehending and securing in jail a young Mulatto man slave named ANDREW. He was hired by me last year to Mr. Joseph Thomas who keeps the road ferry to Alexandria, and absconded from that place about the latter end of August last. He is about 23 years of age, 5 feet 8 or 9 inches high, ludy and well made, has short curly hair, and is frequently subject to have several large pimples on his face. He is reckoned to be a sensible fellow of an easy agreeable address for a man in his low sphere of life. As he has not been heard of by me since his employment, I suspect he has had the duality to pass himself as a freeman on board some vessel either at Alexandria or Baltimore who ever takes him up and secures him an jail shall receive from me the above reward, or as soon as due information thereof is given to me or to Dr. N. P. Caubin at Port Tobacco. G. B. CAUSIN. Maryland Charles County, January 29—wtf