The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-03-07 00:00:00

National Intelligencer. WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1154.
FIVE DOLLARS PER ANNUM.
MONDAY, MARCH 7, 1808.
PAID IN ADVANCE.
CONGRESS. HOUSE OF REPRESENTATIVES.
Debate on the passage of the bill in addition to an act entitled "An act supplementary to an act, entitled "An act laying an embargo, &c."
(CONCLUDED.)
MONDAY, FEBRUARY 29.
Mr. KEY declared that he should vote in favor of the bill, and as he had voted against the original bill, he believed it incumbent on him to assign his reasons for voting for this. It appears to me proper, said he, upon correct principles, although I opposed a measure which nevertheless was adopted, to give every aid to carry into effect that measure which a majority has thought proper to adopt. Failing in my efforts to prevent the embargo, I shall still give my aid to carry it completely into effect. From other motives I shall vote for this bill; I understand it as calculated to give efficiency to the measure in every part of the Union. While my constituents are deprived of a market for their produce, from the prohibition of its exportation; if this bill does not pass, a large portion of our citizens in immediate proximity to settlements of foreign nations, enjoy the benefit of traffic. Our laws should be uniform: at present large portions of our country have an outlet for commerce, and the embargo law operates as a tax on that part of the community at the expense of the remainder. On a score of uniformity then I deem it proper to pass the law. On another ground also: At present vessels of a particular description may carry off produce to vessels lying at sea, and thus evade the general measure.
Although I was opposed to the original bill, believing that the principle once adopted ought to be carried into effect I assign this reason for voting for the present bill.
Mr. J. CLAY said the bill before them in its first provisions went merely to secure the general and uniform operation of the embargo law. It is, said he, a fact well known to a number of gentlemen on this floor, that the provisions of that law have been evaded by boats and small craft, and these are the subjects of the first sections of the bill. These boats have gone off to vessels of G. Britain with the produce of the U. States. Whether as the gentleman from New York says, this be a non-intercourse or an embargo it is immaterial; the effect of every embargo must be a non-exportation. With the gentleman from Maryland I believe, whatever may have been my opinion of the original embargo, that as the principle is once adopted, it is the duty of honest men and good citizens to prevent evasions of the general measure from being practised. I say the same in respect to the revenue system, to the excise system when in operation, and of the embargo now, that it is the duty of every honest citizen, whatever his opinion of its operation, to guard it from violation as a national regulation.
Another reason in favor of this bill is, that unless its provisions be adopted, there is no possibility of an opportunity for citizens of the U. S. to bring back an immense portion of property belonging to them and now in the hands of those powers with whom we are at variance. I mentioned on a former occasion that there is in the island of Santa Cruz, the property of a single house in Philadelphia, a sum of 80,000 dollars. I have in my possession a petition to the President of the U. S. addressed to him under the idea that he had a discretionary power to permit vessels to go out, the prayer of which is that the petitioner may be allowed to dispatch a vessel in ballast to Santa Cruz to bring home property to the amount of 80,000 dollars. The situation of that island is peculiar. In December last it was taken by a British force the commander of which became provisional governor. On the 28th of December this person issued a proclamation allowing the exportation of produce for debts due to citizens of this country, with a limitation of the permission to the term of six months. I have understood that the construction of the original embargo law does not authorise the President to permit any vessel to sail except on public service. The 7th section of this act empowers the President of the U. S. to permit the departure of vessels in ballast. Now if gentlemen would consider the seventh section,
they would find that so far from imposing great hardships, (for I suppose that the gentleman from Massachusetts (Mr. Livermore) who went so largely into the subject of commerce in general, or the gentleman from New York, (Mr. Gardenier) who dwelt on the traffic on the Lakes, will not say that this is an injury) and so far from being a restriction, it is a great advantage to the country. For these reasons also I hope the gentleman from Connecticut (Mr. Dana), who says he will vote against the bill though he has used his endeavors to perfect it, will agree to give his assent to it.
Mr. G. W. CAMPBELL said it was not his purpose to take up much time of the House on a subject so often discussed; but it seemed as if gentlemen were determined to pursue the same argument so often urged and as often repelled for no earthly purpose but to mislead the public mind. Their observations, said he, go to the effect that this bill contemplates a measure distinct from the original embargo. Are gentlemen disposed to tell us that we do not understand language? The embargo law is a non-exportation law, and this was proven to be the sense of the House at the time of its passage. Why then should gentlemen now rise and declare that this bill involves a new principle, when it was declared to be a non-exportation law by the rejection of an amendment to allow exportation of American produce in foreign bottoms? I can see no laudable object gentlemen can have in telling us that this bill embraces a distinct object. It is to carry into effect the precise object of the embargo.
What do gentlemen mean by a difference between the object and effect? When a measure is adopted it is to produce an effect; and if the effect be produced before the object is answered, that effect is as necessary to the object as the measure itself. What was the object of the embargo? Not merely to keep our citizens at home; it was to keep our citizens, commerce and merchandise at home, in the first instance to prevent their being taken at sea, and thus becoming the cause of immediate rupture, and in the next to keep within ourselves the necessary articles for our consumption in the case of war. It was essential to preserve our produce for our own use and keep it from being of use to our enemies. Does the gentleman from Massachusetts mean to say that we ought to be careful not to make an unfavorable impression on Great-Britain, and that the embargo was not intended to operate on foreign powers but on ourselves? Now I conceive that though the principal object of the embargo was to preserve our citizens and vessels from spoliation and capture, that it was intended to have an effect on other nations, to make them feel in the only way in which we could, the necessity for our commerce—to bring them to terms of justice by the only way we could, if they ever can be brought to terms. This was the object of the embargo.
But let it be recollected that during the discussion of the original law, the proposition of the gentleman from North-Carolina (Mr. Blackledge) to permit exportation in foreign vessels, proved that the sense of the House then was that no produce should be permitted to go out of the United States. Does this not prove the propriety of passing the bill before you to make perfect the intended operation of the original law? Gentlemen may now take all the goods or produce they wish to send to foreign countries by means of sleds through Vermont or in boats across the lakes into the British provinces. Where then will be the operation of the embargo law, and where the distinction which the gentleman from Massachusetts has taken between a non-exportation and a partial embargo in one part of the Union while another part is free from it? I can see no consistency in such reasoning & cannot see how gentlemen are serious in making these representations in this House, telling us that money is scarce on the frontier; if it is scarce on one side of the line it is not on the other? There is no foundation whatever for these arguments.
The truth is, that whatever measure is adopted by the government should press equally hard on all. I have before stated my sentiments on the subject, and now rise that it may be distinctly understood and not go abroad otherwise, that this is a part of the original measure of non-exportation. It does not yet operate as a non-intercourse. Merchandise may be landed, but they who bring it can take none away. Hence it is not a non-intercourse, but is and ought to be a non exportation measure.
Mr. LIVERMORE said that in the observations which he made, he had alluded to the motives for the original embargo as expressed by the President of the U. States, to save our citizens and property within the United States. He knew not the motives which actuated gentlemen in voting for it, nor did he call them in question; by the same rule he could not conceive it proper that they should call in question the motives of its opponents. In answer to the gentleman from Pennsylvania, Mr. L. observed, that it was true there was a principle in the bill which he should like to see carried into effect; but he could not swallow the nostrum merely because there was honey in the cup; but should endeavour to separate the sweet from the bitter. If this act did not pass, it by no means followed that an act might not be produced to answer this object. He would join with the gentleman in any thing to qualify or to destroy the embargo. Undoubtedly in various parts of Europe there was a great deal of property of citizens of the U. States; there was within the grasp of a certain power which he would not name a vast amount of property; and he should be willing to contribute his vote to authorise our citizens to bring it home.
It is said, observed he, because the embargo was laid, that it is necessary to cause this additional oppression. As to the equality of the law, if the question was in what way we could do the most injury to all, the argument might have weight. There is no justice in the observation that the law should be carried into effect in the same manner as the excise law. That was for drawing a revenue into the treasury of the United States; it was there a moral duty to make the law equally binding on all. This is a totally different case. First shew that it is necessary for the safety of the United States that this should be passed. I have called upon gentlemen to do this. They have not done it; I believe I may say they cannot do it. The prevention of our citizens from trading to Canada is certainly an injury. Will it bring about this political revolution which seems to be expected? It is but a fly on the axle. It is an egregious mistake to suppose that preventing a few men in New-York, Massachusetts or Vermont from trading, should force the mighty powers of the earth to give up what they conceive a right. My arguments have not been answered.
Mr. SMILIE said he had expected this morning that this bill would have passed without their going back again to consider the principles and policy of the embargo law. He was sorry to find that this was not the case. Such discontent at the original act existed with some gentlemen, that if they could but prevent its being effectual, they would be well pleased. It appears to me, said Mr. S. from the course of the argument this morning, that we have altogether forgotten the situation of this nation at the time the embargo law passed. The gentlemen from New-York and Massachusetts complain loudly of the hardships of the people of the United States in consequence of the law, and in doing so have gone upon the ground that the U. S. was in a perfect state of quiet, and had no cause of complaint against any nation. If this had been the case I should certainly never have voted for that law. What was the situation of the country at that time? In order to do justice to that measure, we must consider the state of our foreign relations at the time of its adoption. Will gentlemen pretend to tell us that our ships were in a state of safety after the French decree was promulgated, and we knew of the existence of the British decrees? Certainly they will not say this. Was it not then necessary to pass that law for the purpose of calling home our property and placing it in safety? So
far gentlemen seem to admit we ought to have gone. I will ask gentlemen whether if our vessels now go abroad, they will be more safe than they were at that time? I cannot see how it is possible that a ship now going out could escape. Gentlemen totally overlook the operation which we believe this act will have upon the nations with whom we have cause of complaint.
At the time of the passage of the embargo law, this government had but three choices: either to submit to all the injuries received, go to war, or lay an embargo. Now will gentlemen come forward in this House and declare that they are willing to submit to all injuries? If they will do that we shall understand them. If they will not, I ask them what would they do? Would they go to war? I suppose they had rather not. Would they lay an embargo? No, they tell us. They must then wish to submit to bow their neck, and let the enemy trample on it. Have they forgot our situation—the capture of our seamen—the outrage on our sovereignty in the attack on the Chesapeake—our vessels carried into foreign ports for condemnation—and would they indeed have crouched with submission? If they would not, I wish them to come forward and tell us what they would have done. We have laid an embargo; we thought it a lighter evil than war, and we hope it will produce its effect. If gentlemen think however that we were mistaken and can propose a measure less oppressive and equally effectual, I will give up this. But if they will take no measures, but tamely bend the neck, I have done with them.
Mr. LIVERMORE said it would be recollected that he had endeavoured to avoid discussion of the the embargo measure; and for gentlemen to call upon its opponents to shew reasons without a full discussion, was not proper. He was ready now to go into a discussion; and he avowed his intention to bring forward a resolution for a repeal of the embargo law, in order to produce a discussion, and would then meet the gentleman from Pennsylvania (Mr. Smilie) on the general principle.
Mr. SLOAN said although he should no doubt vote on the same side with his friend from Pennsylvania, he rose to express a different sentiment from his. He calls upon the opponents of the bill, said Mr. S. to come forward and give reasons for their opposition. I cannot conceive what the gentleman would wish, or how many reasons would satisfy him. The opponents of the bill have expressed their objections to it in gross over and over again, and I have been tired of it. For were they to give their opinions from this day till June, or we repeal them, it would not alter our sentiments one way or the other. We understand each other well; they say they do not approve the embargo, while we think it a benefit. What reason can the gentleman have for wishing their reasons? I have but one wish, and that is to have the question.
Mr. LYON conceived the original embargo to have been one of the most destructive measures ever adopted, for which no good reason could be shewn. Can you, said he, ever convince the nation of the propriety of adopting it? You have been ten or twelve weeks about this embargo, and has not every step you have taken in regard to it been convincing to the people that you did not know what you were about? It shews that you did not understand it, that you are so long in making it perfect. The people are looking at you—they enquire what you are about.
One of the grounds on which this measure was supported, was, that it was a measure adopted under the administration of Washington. Gentlemen have had all the time since the passage of the bill to find a better reason. Have they found it while patching up what I call an abominable measure? The embargo is not a measure to be approved by the nation. It is one of those anti-republican measures which stops the operations of agriculture and arrests the common course of business.
The Speaker here declared the gentleman to be out of order. He was clearly of opinion, after a bill had passed both branches of the Legislature and received the signa-
ture of the President, and become a law, that it could not be made a subject of discussion.]
Mr. L. conceived this an arbitrary decision—[Mr. L. was here called to order by several gentlemen] Although he was cut down by a decision that he could not discuss the embargo, on reading the title of the present bill he found it was supplementary, &c. but, said he, you come to the embargo at the end of the title, so that notwithstanding the Speaker's decision it is in order to speak of the embargo.
What is this bill to effect, said he? It appears as though it was determined to keep the embargo on next year. Before this bill can reach the north-eastern frontier, ice & snow will have taken leave; so that if this provision against sleds mean any thing, it contemplates the existence of the embargo during the next winter—to prevent sleds from running next year.
The gentleman from Tennessee asks why money is scarce on one side of the line and not on the other? It is owing to the embargo, sir; the people on one side of the line are embargoed and on the other not.
I perceive that some gentlemen who voted against the embargo intend to vote for this. If I wanted to obtain popularity I would vote that all should be embargoed because my district is; but I vote against gentlemen for their own sake, and for the sake of the nation. I wish to stop where we are, I will not vote for this as I think it a thing unnatural and improper. Every addition you make to it renders it more abominable—worse and worse. I cannot vote for it. I think this is a proper time to discuss the embargo; the doors are open now; but it is a subject that will not bear discussion. I will risk my reputation as a politician against any of those who supported the measure. The nation is not in a state of quiet, nor ever has been since the commerce of the nation was attacked in the face of the nation by republican France; she commenced what has led to all this. I avow and can prove it, that she commenced the injury and we bore it patiently. An experiment is now made by her antagonist to see what we will bear. All the nations of the earth are trying what we can bear. I would take a course of argument to prove this; but I shall get on the embargo again, which it seems it is not in order to discuss. We are told of our seamen, our poor seamen. A few days ago we had before us a bill to employ a part of them; after all our tears and weeping over these seamen, what has become of this bill? Forgotten. This is the most inconsistent conduct I ever met with; and I here declare I am tired and ashamed of it.
Mr. QUINCY made observations calling into question the decision of the Speaker on the point of order. He did not rise to enter into a discussion of the bill. Mr. Q. was repeatedly called to order by several members. The object of his observations was to deny in toto the correctness of the Speaker's decision.
Mr. DANA did not rise to enter into the discussion, for though he considered it perfectly in order now to discuss the subject of the original embargo, he deemed it more proper on the whole to reserve the discussion till the subject was brought before them on its own merits exclusively. If therefore he did not make any reply to the observations of gentlemen in favor of the measure, he begged it might be distinctly understood, that he was not restrained from so doing by the idea that it was not perfectly in order at this time to discuss the object of the bill to which this was amendatory.
The question on the passage of the bill was then taken by Yeas and Nays, as follows:
YEAS—Messrs. W. Alston, Bacon, Bard, Barker, Bassett, Bibb, Blackledge, Blake, Blount, Boyle, Brown, Burwell, Butler, Calhoun, G. W. Campbell, J. Campbell, J. Clay, M. Clay, Clopton, Cobb, Cutts, Daws, Desha, Durell, Eppes, Faudley, Fisk, Gardner, Goodwin, Green, Heister, Helms, Hoge, Holland, Holmes, Howard, and Humphreys, Isley, Jackson, Jenkins, Jonson, Jones, Kenan, Key, Kirkpatrick, Knight, Lambert, Lewis, Lloyd, Love, Macon, Marion, Masters, McCreery, D. Montgomery, J. Montgomery, N. R. Moore, Jey. Mon-

now, Jos. Morrow, Mumford, Nelson, Newbold, Newton, Nicholas, Pugh, Roa (Penn.) Rhea (Tenn.) J. Richards, M. Richards, Riker, Sawyer, Seaver, Sloan, Sackett, Smilie, J. K. Smith, S. Smith, Jos. Smith, Southard, Stanford, Storer, Swart, Taylor, Thompson, Trigg, Troup, Van Allen, Van Horn, Verplanck, Wharton, Whitehall, Wilbourn, D. R. Williams, M. Williams, Wilson, Winn, Withersell—97.
NAYS—Messrs. Champion, Chittenden, Cuyler, Dana, Davenport, Elliot, Ely, Gadenier, Goldsborough, Harris, Livermore, Lyon, Pitkin, Quincy, Rowan, Stedman, Sturges, Taggart, Upham, Van Dyke, Van Rensselaer—22.
DEBATE
On the bill concerning courts martial and courts of enquiry.
THURSDAY, MARCH 3.
In committee of the whole, Mr. Storer in the chair.
The first section of the bill having been read as follows:
"That in every case where the attendance of any person, not in the military or naval service of the United States, shall be necessary as a witness before a military or naval court martial, a summons may be issued out of any court of the United States, and the clerk of any such court shall be, and he is hereby authorized and required, upon due application in writing by the judge advocate, or party officiating as such, or by the party accused, to issue such summons, requiring such witness to appear, and give evidence before such court martial or court of enquiry, and upon good and sufficient cause shown verified by affidavit before any judge of any court of the United States, and the same being certified by such judge, and produced to the clerk to whom application as aforesaid, shall be made for any summons, the said witness in such summons may be farther directed and required to exhibit in evidence before such court martial or court of enquiry, any paper, document or record in his possession, power or control; and in every summons to be issued in virtue of this act, some certain day shall be appointed for the same to be returned to the proper court martial or court of enquiry, and for the appearance of the witness. And every summons as aforesaid shall be directed to the marshal of the district in which such witness may reside or may happen to be, and for every fault in not duly serving and returning any summons as aforesaid, the marshal shall be liable to the same penalties, and to be proceeded against in like manner, as if he had made such default in not serving or returning any summons or citation in causes depending in the district court of the United States holden in the district or territory whereof he may be marshal."
Mr. J. Montgomery moved a verbal amendment to the section.
Mr. J. Clay could not see what necessity there could be for investing military courts with such extraordinary powers. In order to produce a discussion which might throw some light on the subject, he moved to strike out the first section of the bill.
Mr. J. Montgomery said he could only state the reasons which influenced him to give his assent to the introduction of the bill. A letter from the President of the United States on the subject of the powers given to courts of enquiry had been referred to a committee of which he was a member. When the subject was before the committee, said Mr. M. they examined the present existing laws with respect to the manner of obtaining evidence in courts of this description. It was found upon examination of the existing laws for the regulation of the army and navy, that in all instances which do not affect life or limb, depositions may be taken before a civil magistrate; but there are no regulations by which in a case affecting life or limb to permit the person accused to obtain testimony of persons who are not in the military or naval service. It was discovered that an officer or soldier, who certainly does not cease to be a citizen by entering into the army, cannot obtain the benefit of evidence other than of persons in the military or naval service. For that reason, and from the representations of officers on the subject, it was found necessary to report this bill for the regulation of all courts martial and courts of enquiry. Every person charged with any offence before any court is entitled to a trial and to a proper defence; but under the present laws there is no power to compel testimony, so that a military man is liable to lose his life, although perfectly innocent, because he cannot obtain evidence. In civil cases the laws have provided compulsory process. In suits for property between A. and B. where the amount is not perhaps more than 101. or from the value of one shilling to millions of
money, the parties have the benefit of compulsory process to obtain evidence, while in cases affecting the life of a soldier or officer, there is no power to compel testimony. It was therefore thought proper not only that the case alluded to in the President's message should be provided for, but that a bill should be introduced making a general provision in like cases.
Mr. Rowan was opposed to this bill, and hoped that the time would never come when it should be necessary to keep a standing army organized for the internal defence of the U. States; till that time did arrive there was no necessity to pass a law of this kind. By turning to the history of that government, from which we borrow our laws, said he, we find that it existed some centuries before the mutiny act from which the present law is in a great measure extracted, was passed. In a monarchical government, which existed so long before it became necessary to pass it, this law was passed to secure the citizens against the disorders of the soldiery, and to preserve order amongst them. Our government has existed but 30 years, a government too in which a standing army is not contemplated as necessary; a small army has been submitted to as the least of two evils, and is contemplated but as temporary. To incorporate then in our system a law which was not found necessary in Great Britain till after so long a time, seems rather premature; it is going upon the principle of adopting into our government the principles of a government different from ours—a government not in its early and simple state, but in its aged and corrupt state. If gentlemen examine this bill, they will find that it goes to make the military communicate too intimately with the civil authority of the country; it gives the military an importance from which we should endeavor to preserve them, authorizing them to call upon the judges to punish witnesses, &c. This is no inconsiderable blending. The military is, I hope, incidental in this government; the force we have is small, and I hope it is temporary. I hope it is not contemplated that the military are to form a permanent establishment in this government.
I wish gentlemen to look at this bill and see if the evil is not greater than that which it is intended to guard against. Persons summoned as evidence by a military court refuse to attend; the summons cannot be enforced. This is somewhat of an evil, but what is it compared with that which would accrue from mixing the civil and military institutions? There is in the very nature and complexion of our government an abhorrence to military institutions; they are but permitted to exist as an evil. Let us not then incorporate them into our general system; let us not even suppose the present military establishment to be a lasting or permanent institution.
What peculiar case calls for this law? The case of a soldier cannot present itself as making it necessary; for if a private commits an offence, it must be in the ranks. If he steps out of the ranks the civil law takes hold of him for any offence he commits. Wherever he commits an offence out of the ranks, it is cognizable by the civil jurisprudence. He is punishable by military law for the violation of military rules. For instance, if a soldier goes to sleep at his post, you cannot expect a civil witness of the offence. A case then cannot occur in which a civil evidence can be necessary on a trial of a private for a military offence. If he makes an inroad on society, he is immediately taken hold of by the civil jurisprudence. So in case of offences triable only by a military court, in 99 cases out of an hundred, testimony must be confined to military evidence, if the charge be confined exclusively to military conduct. A file of men is sent for the witness; the testimony of the soldier or officer is compelled, so that there is no deficiency of process in exclusively civil or military offences. The very law from which the present bill is substantially borrowed, if I understand it right, was enacted for the benefit of the officer or soldier but for the security of society. The mutiny act of England was intended to protect the citizen; the only provisions in that country on this subject are contained in that act. Even in that country the parliament never chose to lend to the military that sanction which is contemplated by this bill; their law on the subject is to protect the citizen from the soldier or officer, while the bill under consideration grants a privilege to the military; this principle therefore has not been recognized in England.
I should consider it extremely unfortunate, if at this early period of our government with our small standing force and great abhorrence of a standing army, this bill should pass. It will be found to be a truth that men en masse are worked upon by their feelings. Whenever then these two institutions, civil and military, become familiar by their connection with each other, in the same proportion our abhorrence of military
and respect for civil institutions will diminish. It is therefore contrary to the policy of our government to render the military institution familiar with the civil.
The particular circumstance which has given rise to the present bill we all know. It does not seem to me that this case will justify the passage of a law which in its consequences may be so extensive. So far as society is interested, there is a mode in which it can be tried; so far as respects the citizen there is a mode; the I deplore the day to which an American military officer cannot consider his conduct or character to the scrutiny of the great body of the people. There is no occasion then for this bill in relation to any officer of ours. Our officers must have a reverence for our civil institutions, and confide in their competence to do them justice in any case.
We have had this army for many years. Is it not extraordinary that this deficiency has never been discovered before? Has any soldier lost his life or officer received an injury in consequence of the omission? None, I believe. It is dangerous in my opinion to legislate generally on special cases. I believe that our military rules are competent to the purposes of justice, as relates to the soldier or the officer. I hope we shall not long have a standing army as it is only on our frontiers that we require a regular force; in ordinary cases the militia being competent. As no evil then can arise in so short a time, and in so small a force from the want of such a law as this, I hope the section will be struck out and thus destroy the bill.
Mr. Taylor said if they had indeed been so many years without having found a rule of action and a law for the government of the army the arguments which had been adduced by the gentleman from Kentucky would be at least sufficient to induce him to enquire; but when he found that the legislature of his country had already established rules and regulations for the government of the army, and that, from the tenor of the law, those regulations are binding as well upon the militia when in service as upon the standing army, he felt it necessary to legislate not on any particular case occurring now or heretofore but generally, for the safety of the individual. The power of obtaining testimony so essential, so indispensable to every tribunal for the attainment of justice, was the object to be attained by this bill. On a former occasion, said he, I have expressed my ideas on the subject of the articles of war. If they were not in existence, the gentleman and I would upon comparing notes be nearer on principle than we are on the present amendatory law. What are these articles of war? Sixteen articles out of an hundred create capital offences; and is your army walled around, pent up so that no man can see them but he who wears an epaulet or regimental livery? No. The actions of these men alike with those of other men come under the eyes of every bye stander. For establishing the innocence of a person accused it is necessary that he should have the power to call upon these bye-standers whether in civil or military life for evidence in his favor.
I hope gentlemen will look at the articles of war and see how far they go to abridge the privileges of a military man, and assist me in an endeavor to draw a parallel between a civil tribunal and a court martial. In the first place, decisions of a court martial do not require unanimity of judgement of those who sit as inquisitors. Nine out of thirteen are sufficient for a decision pro or con; whilst in a civil case before a jury of twelve good and lawful men, an unanimity of the whole is required. The party in a court martial or court of enquiry has not the privilege of counsel for the purpose of annotating and making observations upon testimony. True, it is, that by special favor a person is sometimes allowed to come into court to assist the accused in asking questions necessary for his defence, and in cross examining the testimony; but as to the privilege of counsel to explain or argue the case, to collate and digest the testimony, no such thing is allowed. The deliberations of military courts are private. The judge advocate who is like the state attorney may urge home the points against the prisoner and there is no one to urge the points in his favor—in courts of law although the jury retire to make up the verdict, the discussion before them is public. A more important inconvenience to the accused is, that crimes against military law are not specially defined. I will read an article or two out of the many, which struck my mind as going fully to establish this point; the 6th art. makes it a crime to behave with contempt or disrespect towards his commanding officer (without defining what constitutes disrespect or contempt.) In another article, ungentlemanlike
conduct and such as is unbecoming an officer is made a crime—the specification of his crime must be diversified with the relaxed or nice notions of honor of the judges or members of the court. In a great majority of the articles, the extent of the punishment is left discretionary with the court. In proportion then to the immense extent of the powers of these courts in condemning and punishing—so should the facilities of obtaining defensive testimony be amplified to the accused.
It is necessary that this body of the community, when collected together, should be governed by rules more rigorous than those imposed on men in other situations of society; it has been found in all ages and nations that these rules are necessary for the government of men with arms in their hands, and that nothing but rigid discipline can make them useful or indeed prevent them from being dangerous to the country—yet, had these rules been less severe, the Legislature might have found their ample apology in the freedom to which the citizens of the United States are accustomed. For in proportion to the freedom of the citizens of the state, in that proportion must be the rigor in order to keep them in subordination.
I trust I have explained that military crimes are not specially defined, as crimes are defined in courts of law. I might have noticed another peculiarity of these courts, that punishments are more rigorous.
When it is fully understood in the House with how much severity this class of the community are ruled, and I call upon gentlemen to remember that the militia too are subject to these rules when called into actual service, when it is found that a person charged with a crime may have a witness competent to prove his innocence but who is not in military service at the time, shall we shut the door upon truth, and say that a man when innocent shall be punished as guilty because the witness in his favor does not wear a cockade? If we did, we should merit more reproaches than some of us are disposed to heap on those who passed and enacted the sanguinary system I have been speaking of, excusable only from the necessity of the case—they have enacted the punishment and we should be chargeable, in refusing the culprit the power of defending himself from it. I do aver that this law does not alter the system at all, barely affording a relief to the soldier in an evil for which unless this bill pass he has no remedy. As to the allegation that a civil witness can never be necessary in a military trial, you must either shut your eyes to the light or suppose that all mankind instinctively shut theirs when the soldiery are in their presence; neither of these cases can be supposed. I hope it is and will be the habit of this nation to look the more astutely where the army or its soldiers are near, that the citizens may never be excused from testifying to the guilt or innocence of a soldier, however low or however high.
There is a clause of the constitution, which indeed applies to courts of law, which guarantees to the accused the right of compulsory process for obtaining witnesses in his favor. Surely the spirit of the constitution, even rigid justice herself, would not exclude men, merely from their change of clothes, from that right considered so sacred as to be guaranteed to the people by the constitution.
Let us consider this law as respects the witness. Is there a mighty inconvenience to a witness summoned and paid for his attendance in court to substantiate the innocence (I have not yet touched upon the guilt) of a person accused? He is paid for his attendance, liable only to the same impositions as he would be subject to if summoned by a neighbor in a civil cause. He is not under as much disadvantage; for it is the law of the land in the state which I have the honor in part to represent, that when a person is committed to jail or bound over, the witness against him unless he can give sufficient security for his appearance to prosecute on behalf of the state is sent to jail, there to lie until the course of time comes round in which the trial is to be had. Here then the innocent witness on the part of the accuser is carried to jail; I have known them incarcerated thus because they were unknown to the justice and to the neighbors, and had not friends who would sign their recognizance. I acknowledge this seldom happens, perhaps never, but where there are suspicions of the witness; but it always rests with the magistrate, to require it if he chooses. The witness by this law is only put on the same footing as if summoned to a court of common pleas, he is not recognized, he only incurs the same penalties he would do if he made default
as a witness in a cause of 21 dollars dispute between individuals—so that the objection as to the hardship on the witness cannot be valid.
(Mr. Taylor's Speech to be concluded.)
WASHINGTON CITY.
MONDAY, MARCH 7.
FOR THE NATIONAL INTELLIGENCER.
TO THE PEOPLE OF THE UNITED STATES.
FELLOW CITIZENS,
In the course of the events which have marked the conduct and characters of those, to whom you have, at different periods, intrusted by your suffrages, the power of making laws for your government, few measures have occurred, since the adoption of the present constitution, more extraordinary, than the meeting lately held for the purpose of nominating a President and Vice President of the United States.
Our alarm is equally excited, whether we advert to the mode in which the meeting was summoned, or to the proceedings after it was convened. The Senator who assumed the power of calling together the members of Congress, did it under the pretext of that power being vested in him, by a former convention; this pretext, whether it be true or not, implies an assertion of a right in the Congress of 1804, to direct their successors in the mode of choosing the chief magistrate; an assertion which no man has ever before had the hardihood to advance. The notices were private; not general to all the members of the two Houses; nor confined to the republican party; a delegate from one of the territories was invited and attended, a man who in elections has no suffrage, and in legislation no vote. The persons, who met in pursuance of this unprecedented summons, proceeded without discussion or debate, to determine by ballot the candidates for the highest offices in the union. The characters of different men, and their pretensions to the public favor, were not suffered to be canvassed, and all responsibility was avoided by the mode of selection. The determination of this conclave has been published as the act of the republican party; and with as much exultation as the result of a solemn election by the nation. Attempts are making to impress upon the public mind, that these proceedings ought to be binding upon all the republicans, and those who refused to attend, or disapproved of the meeting, are denounced as enemies of liberty, and as apostates from the cause of the people. In this state of things, we think it our duty to address you, and we deem ourselves called upon to enter our most solemn protest against these proceedings.
It is true that at former periods, when the election of a President and Vice President approached, it was customary to hold meetings of the members of Congress, for the purpose of recommending candidates to the public. But these meetings, if not justified, were palliated by the necessity of union. The federalists presented a formidable phalanx; and either to succeed at all, or to prevent them from placing the candidate for the Vice Presidency in the Presidential chair, it was necessary to exert the combined efforts of the whole republican party. But it is equally true that in those instances, the nominations for the Presidency were mere matters of course. In the first and second elections under the constitution, the eyes of all were turned upon General Washington, and since the expiration of the two periods, during which he filled the supreme executive office, there has not until now been any difference of opinion among the republicans, as to the candidate for the first magistracy. The real object of all former meetings, was to produce such a co-operation as would secure the election of a republican Vice President.
The circumstances, which might be urged in extenuation of such a measure heretofore, do not now exist. The federalists are comparatively few in number, and form but a feeble party; they cannot give to any one candidate, more than sixteen or seventeen votes out of one hundred and seventy six; no federalist can therefore be elected by the Electors; and should no person have a majority of all the electoral votes, the choice of the President will devolve on the members of the present House of Representatives, in which the federalists have the votes of only two states, Connecticut and Delaware. The alteration of the constitution prevents the danger of any intrigue, by which the intended Vice President might be elected President. No good reason can therefore now be assigned, why an union of the republicans in favor of any particular person, should be attempted by a measure in itself so exceptionable, as a no-

mission by the Senators and Representatives in Congress.
We do not say that a consultation among the members of Congress, respecting the persons to be recommended as candidates for the two highest offices of the nation, may not in some extraordinary crisis, be proper. But the propriety must arise from absolute necessity. Even then, we doubt whether it can be completely justified. The people ought to exercise their right of election without any undue bias; and is it not the evident intention of such consultations, to produce a bias? Besides, in the event of there being no election by the electors, the choice of the President devolves on the House of Representatives, and that of the Vice-President on the Senate. Should the House of Representatives not succeed in electing the President, the Vice-President will become the chief magistrate; hence the impropriety of nominations by the members of Congress, is more glaring, as it may become the political interest of the representatives to prevent an election by the electors, and of the Senators to frustrate any choice by either. Nor is this all; a danger of more than ordinary magnitude arises from the influence which may be used by the President, over meetings of any individuals at the seat of the general government. The hope, or the promise of office may be employed to induce a nomination either of himself, or of a favorite successor, and it requires but little sagacity to foresee the consequences of such corruption.
So conscious were the members who attended the late meeting, of the weight of objections which might be urged against their proceedings, that they have thought it proper to publish an explanatory resolution, proposed by Mr. Giles, of Virginia, and unanimously adopted. They have declared, that in "making their nominations, they have acted only in their individual characters as citizens;" this is very true, because they could act in no other, without a breach of the letter of the constitution. But was it not intended that those nominations should be enforced by the sanction of congressional names?
They proceed to assert "that they have been induced to adopt this measure from the necessity of the case, from a deep conviction of the importance of union to the republicans throughout all parts of the United States, in the present crisis of both our external and internal affairs." We trust we have shown that no such necessity exists, and that an union among the republicans, in favor of any individual, is not important.
We acknowledge that the aspect of our foreign affairs is unpromising. We are perhaps on the eve of a war with one of the great powers of Europe; we are therefore strongly impressed with the difficulties of our situation. In such a crisis a unanimity in the choice of President is necessary, that choice should be directed to a man, eminently calculated by his tried energy and talents, to conduct the nation with firmness and wisdom, through the perils which surround it; to a man who had not in the hour of terror and persecution, deserted his post, and sought in obscurity and retirement, a shelter from the political tempest; to a man not suspected of undue partiality or enmity to either of the present belligerent powers; to a man who had not forfeited his claim to public confidence, by recommending a shameful bargain with the unprincipled speculators of the Yazoo companies, a dishonorable compact with fraud and corruption. Is James Madison such a man? We ask for energy, and we are told of his moderation; we ask for talents, and the reply is his unassuming merit; we ask what were his services in the cause of public liberty, and we are directed to the pages of the Federalist, written in conjunction with Alexander Hamilton and John Jay, in which the most extravagant of their doctrines are maintained and propagated. We ask for consistency as a republican, standing forth to stem the torrent of oppression, which once threatened to overwhelm the liberties of the country; we ask for that high and honorable sense of duty, which would at all times turn with loathing and abhorrence from any compromise with fraud and speculation; we ask in vain.
But farther. One of the reasons, assigned by Mr. Jefferson for declining to stand again as a candidate for the chair of the chief magistrate, is the propriety of a rotation in that office. The great advantage of this principle of rotation is, that by appointing as a successor to the present officer, a man not immediately connected with him, the acts of the administration may be impartially reviewed; those measures
which tend to promote the public good will be adopted, and those of a contrary tendency, which from the fallibility of human nature may have been pursued, will be abandoned, and if necessary exposed. All other rotation is a mockery.
We do therefore in the most solemn manner protest against the proceedings of the meeting held in the Senate Chamber on the twenty-third day of January last, because we consider them—
As being in direct hostility to the principles of the constitution;
As a gross assumption of power not delegated by the people, and not justified or extended by any actual necessity;
As an attempt to produce an undue bias in the ensuing election of President and Vice-President, and thereby to transfer the appointment of those officers from the people, to a majority of the two Houses of Congress.
And we do in the same manner protest against the nomination of James Madison, as we believe him to be unfit to fill the office of President in the present juncture of our affairs.
Joseph Clay, va Abram Trigg, Jno. Russell, Ky Josiah Masters, Ky George Clinton, jr., Ky Gordon S. Mansford, Ky John Thompson, Peter Swart, Ky Edwin Gray, Ky W. Hoge, Ky Samuel Smith, Ky Dant Montgomery, Ky John Harris, Ky Saml. Macey, Ky David R. Williams, Ky James M. Garnett, Ky John Randolph, Ky
City of Washington, February 27th, 1808.
The following forms an important addition to Blodget's Statistical Manual, which those who possess that work will do well to annex to it.
Summary of Exports from the United States for five years from Blodget's Statistical Views.
   PRODUCE. 1803. 1804. 1805. 1806. 1807.     Of the Sea 2,635,000 3,420,000 2,884,000 3,116,000 2,804,000   Of the Forest 4,820,000 4,630,000 5,201,000 4,861,000 5,476,000   Of Agriculture 32,993,000 30,890,000 31,562,000 32,375,000 37,832,000   Of Manufactures 1,635,000 2,100,000 2,253,000 2,707,000 3,420,000   Miscellaneous 300,000 430,000 153,000 445,000 468,000   Total Domestic 42,403,000 41,470,000 42,383,000 43,504,000 48,700,000   Total Foreign articles 13,585,073 36,231,597 53,179,021 60,283,236 59,648,538   Total Exported 55,998,073 77,701,597 95,566,021 103,787,236 108,348,538  
EXTRACT. Fort Stoddert on the Mobile River, January 29th, 1808.
SIR, I have the honor to inform you that agreeably to your instructions of the 31st July, 1807, I have surveyed and marked a way for a road from the head of the Muscle Shoals, Tennessee, to the Cotton Gin port, head navigable waters of the Tombigbee river, near the Chickasaw nation, distance 69 miles. I have also explored the route from the lower end of the shoals to the head waters of Bear Creek, near where the last will intersect the first mentioned route; distance from lower end of the shoals to Tombigbee river, 74 miles nearly; and from connecting this with a survey which I made in 1802, by order of General Wilkinson, I find the distance from Colbert's ferry to the Cotton Gin port 62 miles—and 45 miles from what is deemed the highest point of navigation on Bear Creek, about 25 miles South of Colbert's to the Gin port. About 25 to 30 miles of each of the last mentioned routes are not yet surveyed or marked, as I deemed it expedient to have those parts re-explored, in order the better to ascertain the most eligible ground for a road. The first mentioned route is, therefore, the only one completely
laid off, along which an excellent road may at a moderate expense be opened. I am persuaded, that in good weather one hundred active pioneers would open from 6 to 10 miles per day, so as to permit an easy passage for waggons loaded at the rate of 500 lbs. for each horse of the team. For the greater part of this route, I saw no ascent or descent that exceeded 7 degrees. From the head of the shoals to the N. E. sources of Bear Creek, distance 35 miles, is as nearly level as could be wished, either for making a good road or for cultivation. The land is firm, and the soil which in places is mixt with gravel, is deep and of a dark red color, thinly timbered with hickory and black oak, with little or no underwood, except on the margins of some of the creeks and branches, and there only in small strips—about 7-8 of this distance I find to be upland of the first quality, intersected by beautiful gravelly bottom creeks and rivulets of excellent water, none of which appear to form any serious obstacle to the intended road. From the 35th to the 46th miles, across the head waters of Bear Creek, the country is too hilly to admit of a good road for carriages, by going near a straight course—but by waving the course in conformity to the slopes of the ridges, all will be crossed without an ascent or descent of more than 13 1-2 degrees. The land is stony in places, but generally strong, and well timbered and watered. From the 46th to the 75th mile, I find low waving ridges, firm land and thin greyish and redish soil—oak, hickory and pine timber, but little underwood. The route for the greater part of the distance is on the dividing ridges between the waters of Tennessee and Mobile, and between two large branches of the Tombigbee river; and consequently not subject to the inconvenience of crossing water courses, save one small creek, and a few rivulets which will require but little bridging or causeway. From the 75th mile to the Cotton Gin port, the land is firm and nearly level, and of a good quality, having hickory, oak and some pine timber, and is intersected by several small rivulets with gravelly bottoms. We here run a small distance from the low grounds of, and parallel to a stream or river called Lunecisto, which in 1802, I explored up to the mouth of 20 mile creek, about 25 miles N. N. W. from the Gin port, and about 45 miles from Colbert's ferry, and 23 miles from the highest navigable waters of Bear Creek, S. of Colbert's. At the mouth of 20 mile creek, Lunecisto is 28 yards wide, increasing in size to its mouth, where it is from 50 to 55 yards wide. It is generally from 3 to 12 feet deep, gravelly, sandy and clay bottom and gentle current. The passage is however considerably obstructed by fallen and drifted timber which in many places extend nearly across the stream, but which may be easily removed by cutting loose the largest and longest trees when the river is low, and at the next rise of the water they will be drifted down. Between the mouth of Lunecisto and 20 mile creek, the former receives two large creeks and several small ones. The low grounds of Lunecisto are generally from one to three miles wide, the greater part of which overflow annually, but there being little or no current, the soil receives no injury, but is in many places benefited by these inundations; and I am persuaded if the river was cleared of fallen timber, it would not only afford safe and easy navigation for boats, but by giving a free passage to the water, obviate in a great degree the injury, which the spring freshes would doubtless do the cultivator of these lands, and afford for the culture of cotton, corn and rice, thousands of acres of rich land that would now be deemed useless but for the excellent timber with which it abounds. My survey strikes the river at a handsome bluff on the left bank, at the Gin port, a short distance below the juncture of the Lunecisto and Town Creek; here I find high land and open wood on both sides the river; which renders this a most eligible crossing place for a road; as well as a suitable place for a commercial seat. The river is 62 yards wide and 8 to 12 feet deep, current at the rate of 2 miles per hour, and free of obstruction.
The road from Natchez to the state of Tennessee, might be much improved by passing from the head waters of the Big Black, at the Pigeon Roost, North Eastwardly, direct to this place, and hence along my new survey to the head of the Muscle Shoals; or after crossing Bear Creek to the foot of the shoals. This road would be of great utility to those who travel to East Tennessee, or North Eastwardly thereof, and more particularly for the conveyance of the mails of the United States from the seat of government to Natchez, as by this means the distance from S. W. Point
to Natchez, would be shortened nearly 100 miles; and a much drier and better road be made than the one now in use, for between this place and Tennessee there is not a water course, but may at all times be crossed without danger or difficulty, even in times of the highest freshes, by the help of foot logs, and none of them bordered by swamps that will require a causeway, save a small branch of Sipsey, which may for 60 or 70 perch require it. In dry weather, or when the rains are not immoderate, these creeks will not, any of them, take a horse above the knee. I have reconnoitred a considerable part of the country, betwixt the Gin port and the head waters of the Big Black, and am of opinion that it will admit of an excellent road. I found no inhabitants on the route from Tennessee, or within ten miles of the Gin port, but was assured by several Cherokee and Chickasaw Indians, that so soon as we should commence opening the road, they would immediately settle at convenient places for raising corn and other necessaries for travellers. Several Cherokees have designated different places, where they promise to settle in the course of the present year, along the way, as far as Bear Creek ridge, which they call their Southern boundary.
I was unable to purchase at the Gin port suitable canoes for descending the river, and was obliged to construct two for the purpose, which my recruits effected in three days. I then commenced a survey of the river down to Oak Noxaby, to which place from the mouth of Suits Bogue, was sometime ago surveyed by Silas Dinsmoor, Esq. A rise in the river of about 4 foot above low water, prevented a complete examination, and puts it out of my power to give an exact account of the ordinary depth and velocity of the water; for it continued to rise as I descended to St. Stephens, where it is near 10 feet deeper than usual in dry weather. The inconveniences which attend the navigation of this river appear to be confined to the two following, viz. first, the trees which grow near the edge of the water and lean obliquely over it. These trees at short turns and where the river is divided by islands, lean over the strongest part of the current, and many of them bending up the river, receive small boats betwixt them and the water, where the side next the tree is sometimes pressed so far under it, as to receive water and overset or sink. But these trees may easily be removed, or may always be avoided. The next obstacle, and all that seems worth notice, is small islands which in several places divide the river into 3 to 5 channels. At these islands the velocity of the current is near 5 miles per hour, and at some of them I found the water no more than 5 1-2 foot deep; by which it appears that in low water, these places are less than two feet deep. Except at these islands the river is from 8 to 20 feet deep, and widening as we descend from 60 to 120 yards. The bottom of the river at all shoaly places is composed of gravel, sand or clay. Near the bluffs we sometimes found the bottom composed of the soft, chalky, greyish rock, which forms the base of most of the bluffs, with a nearly smooth surface, as if worn so by the water itself. I found no grit or other sort of stone, except in very small quantities and in but few places, and none that would in the least interrupt the navigation of the river. I have not yet had time to adjust my notes or finish my calculations, and cannot at present give you the exact distance from the Gin port to this place. It is however something under 330 miles, as the river meanders; the greater part of the way bordered with excellent lands; and upon the whole, one of the most interesting channels of communication for commercial purposes in the Western or perhaps any other country, for an equal distance from a sea port to the interior.
My pack horse party have not yet arrived, and having some small payments to make them, cannot at present complete my accounts for the expenses of the tour—but shall forward them, together with my notes and sketch of the route from S. W. Point to this place, as soon as practicable.
I have the honor to be, With the greatest respect, Sir, Your obedient servant, (Signed) ED. PENDLETON GAINES, Capt. 2d. Regt. U. S. Infantry. The honorable H. DEARBORN, Secretary at War.
Extract of a letter dated Fort Wayne, Jan. 24. The conduct of the only appointed agents of the British nation in Upper Canada, is little short of actual cause of war. For near a year past they have been stirring up the Indians in this
country, with sedulous insidious speeches to the prejudice of our government, and three months ago they sent messages and belts to the Indians in the neighborhood of Lake Michigan; telling them they must soon wade up to the ankles in blood against the Americans . Infamous and abandoned must that government be that has recourse to such allies . Should war take place, I hope we shall soon put it out of their power to tamper with the Indians to our prejudice, as the first object of our arms will doubtless be to wrest Canada from them."
The reader is desired to correct an error, which occurred in the copy of the letter of Lieut. SPENCE, sent for publication. It will be perceived that a material error has crept into the latter as published in the last N. E. Intelligence, from false punctuation and the omission of the word " motives ." Properly corrected, the letter will read— "If you had more more the complexion of candor had best, (which I never (to the best of my recollection) had seen (Dr. Ballman in the house of Mr. Clark) but once at a dinner of which many participated. After nearly a month's residence in New Orleans, I have never felt a reluctance to disclosing motives , views separate from and unconnected with col. B. and such as I have not a man of spirit shall reflect upon with impurity, induced me to realise an excursion, &c."
HOUSE OF REPRESENTATIVES.
FRIDAY, MARCH 4.
The House met this morning at the usual hour; but information being given that the SPEAKER was indisposed, and could not attend, the House, after some discussion, adjourned till to-morrow, Ayes 66.
Messrs. Smither, Blount, Quincy, and Davenport supported the motion for adjournment, and Messrs. Dawson, M. Clay, Sloan, Campbell and Stafford opposed it and wished to choose a Speaker pro tem.
The observations of gentlemen on each side of the motion, were directed almost entirely to precedents. It was generally considered as a mark of respect to the Speaker to adjourn for one day in order to ascertain whether it might be necessary on the next day to appoint a Speaker pro tem. The gentlemen opposed to adjournment wished to appoint a Speaker pro tem, in order to proceed with business; but precedents were produced in which the House had adjourned one day or more in like cases.
SATURDAY, MARCH 5.
At the usual hour on this day the House met; but it being understood that the Speaker was not at present able to attend, and that he would probably attend on Monday, the House immediately adjourned.
New York, March 8.
The ship Pamplico, captain Milne, arrived at this port last evening. It brings from the 16th January, and brings to the Office of the Mercantile Advertiser, Paris papers to the 6th, inclusive. We have carefully examined our files to that date, without being able to select one article of point of importance. Bonaparte arrived at Paris on the 1st of January from Milan. Capt. Milne reports, that the Emperor was expected at Bordeaux in a few days, on a visit to the sea-coast.
An embargo had taken place at Bordeaux, Rochelle, and Antwerp, and was hourly expected at Nantz.
A violent earthquake, of more than half an hour's continuance, had been felt throughout the coast of Barbary, particularly at Algiers, which had done considerable damage.
An article from Hamburgh announces the intelligence that an English squadron, under the command of Admiral Hood, had presented itself before Merstrand, a city of Sweden, and demanded the occupation of that port and fortress, with what success does not appear; but the intence is palpable that England expects Sweden will be compelled to join the continental coalition.
BANK OF COLUMBIA,
25th February, 1808.
In conformity to the charter of this institution an Election will be held at Scrimgeour's Tavern, in George-Town, on Monday 21st March next, for twelve Directors, to serve for one year from that day.
By order of the President & Directors.
WM. WHANN, Cashr.
epi 21st Mar.
FOR SALE.
To any gentleman from the Southward, Two likely young NEGROs, a Boy, and a Girl, about twelve years old.—Enquire of the Editor of the National Intelligencer.
March 4—7t
4000 POUNDS
BEST RICHMOND COAL.
NOW landing on board the ship Laurel, at Charles-King and Co's wharf George-Town. Apply to Wm. O'Neal, square 78, city of Washington, or to Josiah Taylor, on board. Those who are indebted to W. O'Neal may be supplied, if they pay off their former accounts, and not otherwise.
WM. O'NEAL. March 4—29.

BY AUTHORITY.
WHEREAS a Treaty between the United States of America and the Ottawa, Chippewey, Wyandotte and Pottawatomie nations of Indians was concluded and signed at Detroit on the seventeenth day of November last past, and was duly ratified and confirmed by the President of the United States on the twenty-seventh day of January in the year of our Lord one thousand eight hundred and eight in the present year, by and with the advice and consent of the Senate, which treaty is in the words following, to wit:
ARTICLES OF A TREATY, made at Detroit this seventeenth day of November in the year of our Lord one thousand eight hundred and seven, by William Hull, Governor of the Territory of Michigan, and superintendent of Indian affairs, and sole commissioner of the United States, to conclude and sign a treaty or treaties, with the several nations of Indians, North West of the river Ohio, on the one part, and the Sachems, Chiefs, and Warriors of the Ottawa, Chippewey, Wyandotte, and Pottawatomie nations of Indians, on the other part. To confirm and perpetuate the friendship, which happily subsists between the United States and the nations aforesaid, to manifest the sincerity of that friendship, and to settle arrangements mutually beneficial to the parties; after a full explanation and perfect understanding, the following articles are agreed to, which, when ratified by the President, by and with the advice and consent of the Senate of the United States, shall be binding on them and the respective nations of Indians.
ARTICLE I. The Sachems, Chiefs, and Warriors of the nations aforesaid, in consideration of money and goods, to be paid to the said nations, by the government of the United States as hereafter stipulated; do hereby agree to cede, and forever quit claim, and do in behalf of their nations hereby cede, relinquish, and forever quit claim, unto the said United States, all right, title and interest, which the said nations now have, or claim, or ever had, or claimed, in, or unto, the lands comprehended, within the following described lines and boundaries: Beginning at the mouth of the Miami river of the Lakes, and running thence up the middle thereof, to the mouth of the great Au Glaize river, thence running due North, until it intersects a parallel of latitude, to be drawn from the outlet of Lake Huron, which forms the river Sinclair; thence running North East the course, that may be found, will lead in a direct line, to White Rock in Lake Huron, thence due East, until it intersects the boundary line between the United States and Upper Canada, in said Lake, thence Southwardly, following the said boundary line, down said Lake, through river Sinclair, Lake St. Clair, and the river Detroit, into Lake Erie, to a point due East, of the aforesaid Miami river, thence West to the place of beginning.
ARTICLE II. It is hereby stipulated and agreed on the part of the United States, as a consideration for the lands, ceded by the nations aforesaid, in the preceding article, that there shall be paid to the said nations, at Detroit, ten thousand dollars in money, goods, implements of husbandry, or domestic animals, (at the option of the said nations, seasonably signified, through the superintendent of Indian affairs residing with the said nations, to the Department of War,) as soon as practicable, after the ratification of the treaty, by the President, with the advice and consent of the Senate of the United States; of this sum, three thousand three hundred and thirty-three dollars thirty-three cents and four mills, shall be paid to the Ottawa nation, three thousand three hundred thirty-three dollars thirty-three cents and four mills, to the Chippewa nation, one thousand six hundred sixty-six dollars sixty-six cents and six mills, to the Wyandotte nation, one thousand six hundred sixty-six dollars sixty-six cents and six mills, to the Pottawatomie nation, and likewise an annuity forever, of two thousand four hundred dollars, to be paid at Detroit in manner as aforesaid, the first payment to be made on the first day of September next, and to be paid to the different nations, in the following proportions: Eight hundred dollars to the Ottawas, eight hundred dollars to the Chippewas, four hundred dollars to the Wyandottes, and four hundred dollars to each of the Pottawatomies, as now reside on the river Huron of Lake Erie, the river Raisin, and in the vicinity of the said rivers.
ARTICLE III. It is further stipulated and agreed, if at any time hereafter, the said nations should be of the opinion, that it would be more for their interest, that the annuity aforesaid should be paid by installments;
the United States will agree to a reasonable commutation for the annuity and pay it accordingly.
ARTICLE IV. The United States, to manifest their liberality, and disposition to encourage the said Indians, in agriculture, further stipulate, to furnish the said Indians with two Blacksmiths, one to reside with the Chippewas at Saginaw, and the other to reside with the Ottawas at the Miami, during the term of ten years; said Blacksmiths are to do such work for the said nations as shall be most useful to them.
ARTICLE V. It is further agreed and stipulated, that the said Indian nations shall enjoy the privilege of hunting and fishing on the lands ceded as aforesaid, as long as they remain the property of the United States.
ARTICLE VI. It is distinctly to be understood, for the accommodation of the said Indians, that the following tracts of land within the cession aforesaid, shall be, and hereby are reserved to the said Indian nations, one tract of land six miles square, on the Miami of Lake Erie, above Roche De Noeuf, to include the village, where Tondaganies, (or the Dog) now lives. Also, three miles square on the said river, (above the twelve miles square ceded to the United States by the treaty of Grenville) including what is called Presque Isle; also four miles square on the Miami Bay, including the villages where Meshkemau and Wau-gau now live; also, three miles square on the river Raisin, at a place called Macon, and where the river Macon falls into the river Raisin, which place is about fourteen miles from the mouth of said river Raisin; also, two sections of one mile square each, on the river Rouge, at Seguin-win's village; also, two sections of one mile square each, at Tanguish's village, near the river Rouge; also, three miles square on Lake St. Clair, above the river Huron, to include Machonie's village; also, six sections, each section containing one mile square, within the cession aforesaid, in such situations as the said Indians shall elect, subject however to the approbation of the President of the United States, as to the places of location. It is further understood and agreed, that whenever the reservations cannot conveniently be laid out in squares, they shall be laid out in Parallelograms, or other figures, as found most practicable and convenient, so as to contain the Area specified in miles, and in all cases they are to be located in such manner, and in such situations, as not to interfere with any improvements of the French or other white people, or any former cessions.
ARTICLE VII. The said nations of Indians acknowledge themselves to be under the protection of the United States, and no other power, and will prove by their conduct that they are worthy of so great a blessing.
IN TESTIMONY whereof, the said William Hull, and the Sachems, and War Chiefs, representing the said nations, have hereunto set their hands and seals.
DONE at Detroit, in the Territory of Michigan, the day and year first above written.
WILLIAM HULL, (L S) In presence of George McDougall, Chief Judge Ct. D. H. & D. C. Rnsh, Attorney General, Jacob Visper, Associate Judge of the D. Court, Jos. Watson, Secretary to the Legislature of Michigan, Abijah Hull, Surveyor for Michigan Territory, Harris H. Hickman, Counselor at Law, Abraham Fuller Hull, Counselor at Law and Secretary to the Commission, Whitmore Knaggs, } Sworn Interpreters. William Usulker, } OTTAWAS.
Au-bau-way, his mark, (L S) Ka-wach-e-wan, his mark, (L S) Saw-ga-maw, his mark, (L S) Ogouse, his mark, (L S) Was-a-ga-shick, his mark, (L S) POTTAWATTAMIES.
To-quish, his mark, (L S) No-na-me, his mark, (N S) Naw-me, his mark, (L S) Nin-ne-wa, his mark, (L S) Skush, his mark, (L S)
WYANDOTS. Ska-ho-mat, his mark, (L S) Miere, or walk in the water, his mark, (L S) I-yo-na-yo-ta-ha, his mark, (L S)
CHIPPAWAS. Pee-wan-she-me-nogh, his mark, (L S) Ma-mau-she-gau-ta, (or bad legs) his mark, (L S) Poo-qui-gau-hoa-wie, his mark, (L S) Kiosk, his mark, (L S) Po-quu-quet, (or the ball) his mark, (L S) Se-gan-ge-wan, his mark, (L S) Quitchon-z-quit, (or big cloud) his mark, (L S)
Qui-con-quish, his mark, (L S) Puck-e-nese, (or the spark of fire) his mark, (L S) Ne-gig (or the Otter) his mark, (L S) Me-a-si-ta, his mark, (L S) Macquettequot, (or Little Bear) his mark, (L S) Ne-me-kas, (or Little Thunder) his mark, (L S) Sawanabense, his mark, (L S) Or, pe, che, ga, bu, a, (or Grand Blanc) his mark, (L S) Tonquish, his mark, (L S) Miott, his mark, (L S) Meu-c-tu-ge-shecks, (or the Little Cedar.) (L S)
NOW therefore to the end that the said treaty may be observed and performed with good faith on the part of the United States, I have caused the premises to be made public; and I do hereby enjoin and require all persons bearing office, civil or military within the United States, and all others, citizens or inhabitants thereof, or being within the same, faithfully to observe and fulfil the said treaty and every clause and article thereof. In testimony whereof, I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand.
DONE at the city of Washington the twenty-fifth day of February in the year of our Lord one thousand eight hundred and eight, and of the Independence of the United States of America the thirty-second.
TH: JEFFERSON. By the President, JAMES MADISON, Secretary of State.
CHARLES H. VARDEA, MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia,
A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coating, black silk Florentines. Likewise an elegant assortment of Spangle and rich silk Molekins for waistcoats with a variety of other articles suitable for the season.
Regimentals and Navy Uniforms made in the most elegant and uniform style of fashion.
Richard Horwell's celebrated patent parallel SUSPENDERS far superior to any hitherto in use can be had on the same terms retail, as at his manufactory. November 27—tf
TWO ELEGANT FORTEPIANOES.
THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars.
F. A. WASLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
BURAS AND BEALL.
WOOLLEN drapers, men's mercers, and tailors, New Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality.
N. B. Regimentals and naval uniforms made in the most elegant and fashionable style with neatness and dispatch. October 23—tf.
ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz.
30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts.
Also a small assortment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—tf
BY order of the Orphan's Court, will be offered for public SALE on Tuesday the 24th of March next on a credit of nine months, the purchaser giving note with approved security, with interest from date, all the personal ESTATE of Margetet Roberts late of Montgomery county, deceased, consisting of a number of Negroes, two Leases of Land, a Crop of Corn, Corn Fodder, Hay, Horses, Cattle and Hogs, and other articles too tedious to enumerate. The sale to commence at 10 o'clock on said day and to continue from day to day till all is sold.
HENRY ROBERTS, and JOSEPH ROBERTS, Admrs. of Margetet Roberts. February 26—tdos.
TUNIS CRAVEN
HAS removed his entire stock of DRY GOODS from Alexandria to Washington, and is now opening, at his new Store, between the Marine Garrison and Navy Yard Gate, an assortment equal to any in the District;—among which are,
Wood's best London cloths, Do. double milled & plain cassimeres, Bennett's cords and velvets, Constitution Gerrow, hunting, Trafalgar, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk molekins do. Toilnets, swansdown do. Plain and figured Marseilles do. Beaskin coatings, Plains, kerseys, halfhicks, Rose and duffel blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Gingham, silk and cotton chambrays, Furniture Chintz, Cambric and jaconet muslins, India and British book do. India mullmull figured and plain, Plain and figured lenoes, Laced cambrics, Elegant tambooured mulls, Grecian robes and Pelisse dresses, 8-4 damask and raw silk shawls, Damask scarfs, Camel's hair and swansdown do. Down scarfs, Long and short lace sleeves, spider & nett sleeves, Extra long and habit kid gloves, Do. do. silk do. Do. do. raw silk do. Cross-barred and plain Mantuas and lute strings, Persians and Medes, Thread and cotton laces, Lace caps and handkerchiefs, Bock mullin and leno cap patterns, 4-4 7-8 Irish linens, Long lawns, linen cambrics, Irish diapers, table-cloths, napkins, Cotton counterpanes, Cambric Dimities, Common do. Furniture do. Ladies' and gentlemen's silk, thread, cotton, worsted, lamb's wool & Angola hose, Gentlemen's pantaloons do. Silk cords and buttons, Ribbons, floss threads, Scarlet and other colored bombazets, Hearth rugs, Russia sheeting, ticklingburg, Osnaburgs, baftas, gurrahs, &c. &c.
ALSO, Imperial and young hyson tea of a superior quality in small boxes, to suit families, or by the pound—Also genuine Havana segars. T. C. is determined to sell on the lowest terms. February 3—tf
A BRICK HOUSE AND LOT FOR SALE.
ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 133 feet, with the improvements thereon, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of 35 dollars per annum, and the benefit of a covenant to purchase the fee simple thereof.
On default of payment of three years rent, the subscriber has been put in possession of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold, subject to the conditions of the former lease, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled genteel neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Herty, prior to the day of sale. JOSEPH NOURSE.
Terms of sale, a negotiable note with an approved endorser, payable 60 days after date.
The Sale of the above Property is postponed until Monday the 14th day of March next, when it will be offered for sale at the hour and place above-mentioned. February 17—tdos
UNION MANUFACTURING COMPANY OF MARYLAND.
THE Books for receiving Subscriptions to the Union Manufacturing Company of Maryland, will be opened on Monday the 7th March next, and will remain open for that purpose for two days, in different parts of that state as designated by the articles of association of the company—the capital stock of the company, is to consist of one million of dollars, in twenty thousand shares of Fifty Dollars each; two dollars and fifty cents whereof, to be paid at the time of subscribing.
The Commissioners appointed for the town of Baltimore, have lodged a Subscription Paper, at the Bank of Columbia, and another at the Office of Discount and Deposit, in the city of Washington, which will be opened on the days above mentioned, between the hours of Ten and Three to receive any subscription which may offer not exceeding Five Hundred shares at each place. A pamphlet containing the Report of the Committee, and the Articles of Association may in the mean time be seen at either Bank. February 26—tMh
THE Subscriber sets out in the course of seven or eight days for the state of Tennessee, and offers his services to transact business in that country on moderate terms. Any application being left with captain Sewell of Georgetown ferry in the course of the present week will be attended to and the applicant waited upon if in Georgetown, Washington or Alexandria, when the necessary recommendations will be exhibited.—Please enquire of the Printer. W. BALL. March 2—3t
A GREEABLY to the provisions of an act of the corporation of this City, entitled, "An act for regulating and licensing Auctions in the city of Washington." The places of two AUCTIONEERS will be Let to the highest bidders on Monday the 7th inst. at the Council Chamber. The hour of Letting 12 o'clock, M. ROBERT BRENT, Mayor of Washington. March 2—3t
LINDSAY'S HOTEL.
THE Subscriber has taken that well calculated house on the Capitol Hill, Late occupied by Mr. Frost formerly by Mr. Stelle—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant. GEO. W. LINDSAY. N. B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf.
GREAT BARGAIN.
JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—Houses and Lots—Enquire as above. All kinds of Stocks bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
PRIVATE SALE.
THE Subscribers offer at private sale, a valuable LOT in Georgetown, adjoining High street, (No. 1,) joining the Old Town. There are on the lot, a good Frame House well calculated for a store, or any public business; also, two Warehouses back of the store, both of which are frame and weather-boarded, and in good repair. The one part is now occupied by Mr. Casper Jackson, as a store, and the other part by Mr. John Lutz, as a saddler's shop. A further description is deemed unnecessary, as any person inclining to purchase, will first view the lot and buildings. Terms will be made known on application to Mr. Seth Clarke, Fredericktown, Mr. John Lutz, on the premises, or to the subscribers, ADAM LINK, GEORGE LINK, Shepherd's Town, Virginia. N. B. If the above property is not sold before the 15th of March next, it will on that day be exposed to public sale on the premises. March 2—
PUBLIC SALE.
BY virtue of a decree of the honorable the circuit court of the district of Columbia, sitting as a court of chancery for the county of Washington, in the suit of
John Roberts and Samuel G. Griffith complainants. Against Benjamin Bryan Defendant.
WILL be sold at public auction to the highest bidder, on Tuesday the 29th day of March next, at Stelle's Hotel, in the city of Washington, at the hour of 12 o'clock, M. a lot of ground in said city, in that square designated on the plan of said city by square north of square numbered seven hundred and forty-three, the said lot being bounded as follows to wit: Beginning at a point in the line of the west side of New Jersey Avenue, at the distance of one hundred and fifty one feet ten inches from the stone planted at the north east corner of said square, and running thence with the line of the said Avenue twenty-five feet, thence leaving the said Avenue, and with a line at right angles with the line thereof running one hundred feet, then turning in a direction parallel to the line of the said Avenue, and running thence twenty five feet, thence an hundred feet to the point of beginning, containing about two thousand five hundred square feet of ground, together with the improvements thereon erected, and all the advantages thereunto belonging or appertaining.
This property is eligibly situated between the Capital hill and sugar house, and may be inspected at any time prior to the day of sale.
The terms of sale are cash or money to be paid immediately on the ratification thereof by the court. JOHN G. McDONALD, Trustee. 26th February, 1808.—cp4w
COAL.
2,200 bushels just received Per schooner Saney Will, capt. Lewis, which will be sold low if taken from on board immediately.
ANTHONY REINTZEL, Georgetown, March 2—3t