The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-12-05 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLXXXVII.
FIVE DOLLS. PER ANN.
MONDAY, DECEMBER, 5th, 1803.
PAID IN ADVANCE.
FRANKFORT, Nov. 8.
This day the Governor delivered to both Houses the following address;
Gentlemen of the Senate, and of the House of Representatives,
No public event of an unpleasant nature has taken place in the commonwealth, since the last meeting of the general assembly. Our prospects are as pleasing as may be reasonably expected in human society.
Population, agriculture, manufactures, and institutions for the promotion of literature, and for exciting in the rising generation that love of knowledge, which is so essential to the permanence of republican institutions,—are progressing and maturing. We have no dangerous, discordant parties, among us, to disturb our domestic tranquility, but a general harmony pervades the commonwealth.
The prosperous state of the general government, of which we form a component part, is a source of real joy to every American who knows and feels the advantages of a free government, administered with wisdom, equity and moderation.
The treaty lately concluded between the United States and France, by which the sovereignty of Louisiana is vested in the American republic, discloses to the citizens of Western America, views peculiarly grateful, and to the union in general, fair prospects of security, peace, increased freedom from collision, with foreign powers—extended commerce, & eventually an independence of other nations for the supplies of those commodities, which cannot be raised within the present limits of the United States, but to the productions of which some parts of the country ceded by this treaty are highly favorable.
The free and uninterrupted navigation of the Mississippi with its extensive branches, being no longer subjected to the policy or the caprice of foreign governments, is now secured to the people of the United States, and will be under such regulations only as shall be ordained by their representatives. The exportation of our produce being no longer fettered with impositions nor exposed to interruption in consequence of its being taken from a port not belonging to the United States; the strongest incitement to industry is afforded and the most flattering prospects of wealth are opened to the citizens of Kentucky.
Advantages so great, obtained in a manner so pacific, on terms so favorable,—and at a period when other nations have again plunged themselves into war, and when clamours for war from the foes of administration echoed along our own shores, demand the tribute of our grateful acknowledgments to the ruler of the universe, and must confirm and perpetuate in our minds, that confidence which we have never ceased to place in the wisdom, the moderation and the firmness of that man by whose judicious and patriotic administration of the general government, blessings so valuable have been secured to the American people.
The desire of seeing justice effectually administered, renders it proper that I should recommend it to you to review our laws relating to the examination and trials of criminals. The numerous escapes (in consequence of the extension of the privilege of bail and of legal objections) of persons concerning whose guilt little doubt has been seriously entertained; renders it highly proper that all ambiguities in our laws tending to shelter the accused from legal enquiry should be completely removed. Whether the alteration in the mode of punishment made by the penitentiary act, has created doubts concerning the meaning of some provisions, existing before the act took place, will merit your attentive examination. The punishment of certain offences having been changed, has in some minds given rise to uncertainty as to the intention of our laws and constitution, where capital offences are spoken of, and particular regulations made respecting the mode of prosecuting those not capital; but I am sure that you will agree with me in the opinion that the mitigation of punishment cannot render the crime less dangerous to society, nor afford to the criminal any new right to take refuge in a sanctuary, intended only to afford protection to persons who had but slightly transgressed the laws of their country.
The laws of some of the states in which imprisonment and labor have been substituted for death, have provided that where any criminal shall actually serve and labour the full time appointed in his sentence; such service and labour shall have the effect of a pardon. Some
such provisions may probably be desirable in our own laws, in order to obviate doubts which must inevitably arise.
The alarming increase of fugitives from the justice of other states, is such as to demand the attention of the general assembly.
The laws of the Congress of the United States provides that such persons shall be apprehended and delivered up, on the application of the executive authority of the state in which the crime was committed;—but no law has made provision for securing them previously to such application; and it often happens, that before an individual who has been robbed, can go through the routine of formalities required by the law of the United States, the criminal has escaped with his property out of his reach.
Several instances have occurred in the southern part of this commonwealth, where the offence of horse stealing has been proved to have been committed in some neighbouring state:—The felons have been apprehended and committed to jail by a magistrate,—but immediately on praying a writ of habeas corpus , and shewing that the stealing of horses in Georgia is no offence against the laws of this state, they have been uniformly liberated.
Events of this kind so disgraceful to our police and so dangerous to the peace and safety of society, might easily be prevented by a legislative provision, which should authorise the justice before whom any person might be charged on oath with having committed a crime in any other state, which either at common law or by the law of such state is felony,—to commit the person so accused, until reasonable time might be allowed for a formal application to be made from the executive of such state, for his being delivered up, agreeably to the act of the congress of the United States.
I would likewise suggest it to you, that no law exists under which the expenses attending the apprehension and conveyance of any fugitive from this commonwealth can be defrayed. A case has lately occurred, in which the expense was considerable, but which a due regard to the security of property rendered indispensable. I rely on you to ratify the engagements of the executive to persons employed, and to make an adequate provision for similar events in future.
It will probably be advisable that during the present session, the legislature should adopt proper measures for ascertaining, what laws remaining on our statute book ought to be repealed.
When revisors were appointed some years since, to bring our statute law into some kind of system, it was expected no doubt that the perplexity arising from a variety of laws on the same subject would be removed.
The Legislature, however, having neglected to repeal the old laws expressly and by name, though they passed acts prepared by the revisors, which were intended to supersede them by reducing into one act the several acts upon the same subject;—the difficulties resulting from a multiplicity of laws, have in some cases been increased, and clauses in old laws have been acted upon and enforced, which it was probably the intention of the legislature to pass by and repeal.
The act which was passed at the last session relative to the turnpike and wilderness road does not appear to have produced the good effects expected from it. The roads is said to be in a most deplorable condition.
A statement of the receipts and expenditures on it, shall be laid before you. Your attention to this subject will be necessary; and it is likewise desirable that some steps should be taken for having the house and lots appropriated to the use of the governor, put into a state of good repair in the course of the ensuing summer.
Permit me, gentlemen of the senate and of the house of representatives, to recommend it to you to adopt such regulations in the discharge of your legislative duties, as may contribute towards the speedy and effectual dispatch of business.
The annual expense occasioned to the commonwealth by the meeting of the general assembly, is very considerable, and affords to the public a right to expect, that our time should be usefully employed,—that as little as possible should be consumed in mere preparation and in needless formalities, and that the session should not be protracted to a greater length than objects interesting to the commonwealth really render indispensable.
The constitution has made it the duty of the executive, to recommend to the
consideration of the general assembly such measures as he shall deem expedient. But to render his regulation of any avail:—a practical attention is of more importance than a complimentary reply,—grateful as it may be to his feelings as an individual—and it were to be wished that the roles of the two houses should provide effectual means either by the appointment of proper committees or otherwise, for having such measures as he may recommend, properly considered and determined upon by the representatives of the people.
My own administration, fellow citizens, is drawing so near to its close,—that I make these observations to you with the greater freedom:—and before I take my leave I must avail myself of this opportunity to express to you, gentlemen of the Senate and House of Representatives and to the officers of government, the high value I place on that respect and friendship, which I have experienced during a service of more than seven years. It will be to me a pleasing reflection through life, that so much harmony has subsisted among us during so long a period, and that a spirit of mutual accommodation, resulting from just principles, has been the means of diffusing and preserving harmony and good order throughout the commonwealth.
I take my leave for the present, with an assurance of my high regard for the members of the different branches of the government, and for my constituents in general, and my sincere wish that no future event may interrupt that tranquillity which has so long made us happy.
JAMES GARRARD. 7th Nov. 1803.
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, Oct. 26, 1803.
DEBATE on the AMENDMENT to the CONSTITUTION,
(Continued.)
MR. THATCHER.—Having waited in expectation of hearing the arguments of gentlemen in favor of the resolution, I feel great regret at the silence which they have thought proper on this occasion to observe. This course, though not entirely novel, was not anticipated upon a question of great national importance; a subject which invites, which demands investigation.
My colleague (Dr. EATON) has stated to the House, that in the year '97, the legislature of Massachusetts, voted to instruct the Senators and to request the representative of that state in Congress to propose an alteration of the constitution similar to that now proposed. A gentleman from New-York (Mr. Thomas) has informed us that a similar vote passed the legislature of that state. As these two statements are the only answers (if such they can be considered) to the various arguments which have this day been adduced, in opposition to this resolution, and as the gentlemen who have made them, appear to consider these votes of the state legislatures obligatory upon the members of the House who now represent those states, I beg leave to suggest a few words in reply, and to state as succinctly as possible some of the reasons which will induce me to vote against the resolution.
An amendment of the constitution must be sanctioned not only by two thirds of both Houses of Congress, but must be ratified by three fourths of the state legislatures. The constitution considers these different assemblies as entirely independent of each other. They must act with perfect independence upon this subject, or this provision of the constitution is virtually destroyed. Most certainly the resolution of a state legislature in 1797, ought not to control the votes of members of this House in 1803. It is I conceive not only their right, but their duty to decide upon this question with the most perfect independence of opinion.
It has been already urged that the constitutional mode of electing the President and Vice-President is admirably well calculated to disappoint intrigue and prevent corruption. Should an aspiring and dangerous faction obtain the ascendancy in this country, this mode of election affords the means of counteracting its influence, of checking its control. For although such a party will make the greatest exertions to elect that leader who may chance to be the idol of the day, whilst the electors are obliged to vote for two candidates
without designating which is intended for President, those electors who are not devoted to the interest of the ruling faction, will exercise a preference of great importance; they will select the candidate least exceptionable.
The article which this resolution proposes to alter has always been considered as the great barrier and shield of the smaller states against the encroachment of the large. By the present mode of election, provided it is effected by the electors, each state has its due proportion of influence. If it be decided by the House of Representatives, the constitution has put the states upon the ground of perfect equality. But if the proposed alteration takes place, it will undermine the very basis of the confederacy; it will throw the whole power in this most important election, into the hands of a few states exclusively. With the present population, five states may, by combination, exclude the other twelve from all participation in the choice. It will be totally impossible by any precaution whatever to prevent such a combination.
The situation of the states forming the federal constitution, and the nature of the compact itself furnish strong evidence of the policy of the article under consideration. It was absolutely necessary that some of the rights of the individual states should be secured for the interest and safety of all. This constitution, to use the language of the convention who framed it, "was the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable." Upon no other principle is it possible to account for that article of the constitution which provides for the representation of slaves. This article operates with peculiar inequality in the northern and eastern states.
The representation of slaves adds 18 members to this House in the present Congress, and 18 electors of President and Vice-President at the next election. Yet the whole of New-England contains but thirteen hundred and thirty-one slaves. Massachusetts and Vermont have none.
The New-England states have submitted to this inequality, sensible of the extreme danger of tampering with the constitution. But if it is to be altered, justice requires that the article authorizing the representation of slaves should be the first to receive amendment.
Mr. Speaker, I know that the objections to the article proposed to be altered are plausible—they are popular; but I am confident that upon close examination of the different modes of electing our First Magistrate which have been proposed, none will be found to combine so many advantages as that prescribed by the constitution. The journal of the convention evinces that this was a subject of long discussion and of mature deliberation. It was devised by a most illustrious assembly of sages and patriots; it was adopted at a time when the heat of party had not influenced the country. Shall we then, at a time when party feelings animate all parts of the union, shall we destroy one of the firmest pillars of our political fabric? I trust, Sir, we shall not venture into the boundless region of hypothesis, that we shall not alter one of the fundamental principles of the federal constitution.
Mr. J. C. SMITH rose and observed, that the friends of the resolution had been so occupied with its details, he feared they had lost sight of its main principle—And he was not a little confirmed in this suspicion, from their profound silence on the present occasion. But as he felt so he could not but express a faint hope that a constitutional majority of the House would not be found to yield their assent to the proposition.—Mr. S. said, it was worthy of remark that no alteration had yet been made in the national compact—Of the eleven articles subjoined to the constitution as amendments, ten were mere declarations of certain rights not materially affected by that instrument, and which had their origin in state jealousy—and the remaining one was intended only to settle the construction of an article in the constitution which had before been considered as of doubtful import—he alluded to the amendment respecting the suability of states.
It had been repeatedly acknowledged, Mr. S. said, by gentlemen on all sides of the House, that the constitution of the United States was an affair of amity and mutual concession. But was there a gentleman on that floor who could inform what were the precise terms of that compromise? What sacrifices were made? What equivalents were given?
If so, he would thank him to state to the House what mighty boon was accorded to the eastern section of the nation in return for that remarkable provision of the constitution, which permits SLAVES to become a basis of representation in that House, and which indeed renders them no inefficient agents even in the choice of the chief magistrate himself. For his part, Mr. S. said, he would confess he knew not what recompense could have been adequate to so extraordinary a concession. In truth, neither he nor any other member present could declare the exact manner in which the jarring interests, the conflicting claims of the several states were adjusted in convention.—It therefore became a matter not only of delicacy but of extreme hazard, to touch the instrument with ever so light a hand, lest the arrangement thus happily made should be broken down and destroyed.
Mr. S. said, he had ever understood the smaller states were in convention peculiarly tenacious of that particular provision in the constitution which was now proposed to be modified. The reasons were apparent, and they had been so clearly and forcibly stated by the gentlemen who had preceded him, that it was quite unnecessary for him to detain the House upon the point. The consequence of those states in the election of President, was thereby in some measure preserved—they were enabled in some degree to counteract any combination which might be formed between four or five of the larger states to keep the office of chief magistrate in perpetual rotation amongst themselves. But Mr. S. said, cogent as these reasons were, he apprehended they were not the only object of the provision. It laid it was no doubt desirable that the executive power of the government should be vested in an individual—but the convention must have perceived, as indeed it was very obvious, that such an office in an elective government must become a prodigious lure to ambition—that as the power, the patronage, the duration, and the emoluments of the office were augmented, in the same proportion would be the violence of competition between rival candidates; in the same proportion would the order and tranquility of the nation be endangered at the return of every election. This evil so formidable in its nature, if not remedied, is at least mitigated by the existing provision of the constitution—For whilst it effectually secures to the nation an eventual choice, it places it wholly beyond the reach of any candidate to calculate confidently on the issue of his pretensions. Such an uncertainty arising, not from the casualties incident to ordinary elections, but from the circumstance that even a majority of the electoral votes may not ultimately secure the office, must ever form a powerful check to corrupt or ambitious views. The aspiring demagogue, willing to barter wealth for distinction, would hardly be induced to lavish his treasures upon so hazardous an experiment—And even the man in possession of the office would scarcely be tempted to use unworthy means to retain it, when its preservation must be so much a thing of chance. It was Mr. Smith said, to complete this refined process—to complicate it in such manner as to effectuate this great object alone, that the office of Vice-President was instituted—And I demand of gentlemen what apology they will make to the American people for retaining this officer if the present amendment is to prevail? What duties has he to perform other than such as are devolved upon the speaker of this House? Why will you pay him five thousand dollars annually, merely to preside in the deliberations of the Senate, who might as well elect one of their own body for that purpose? And why, Sir, will you keep here a high officer with a liberal salary, for no other earthly purpose, than to enable him, from his proximity to the government, to exert with greater effect for the succession? If pretensions to economy rest not solely in profession, gentlemen will now abolish this sinecure—they will finish their amendment by expunging the office of Vice-President from the constitution.
Mr. S. said he would close his remarks by seriously asking gentlemen whether the present resolution had not grown out of an overweening anxiety to secure, at all hazards, the re-election of the present chief magistrate? [Mr. Speaker said it was improper to introduce the chief magistrate into debate.] Mr. Smith said he was not about to speak disrespectfully of the President—but he would say that no modification whatever of the constitution, having for its object either to enlarge the power, or to facilitate the attainment of that

office, ought to be attempted so long as the incumbent, whoever he may be, is considered as a candidate for a re-election—Sir, said Mr. S. I will again ask gentlemen, whether they will suffer themselves to be influenced on this great question by their predilection for an individual? Are they prepared to immolate the constitution of their country upon an altar erected to private friendship and personal esteem? Will they remember that the conservative senate of France, "desirous of furnishing a proof of national gratitude," proposed to the French people to amend their constitution by creating Napoleon Bonaparte consul for life! If the two cases are not altogether parallel, who can say there is much difference in principle? And who, Sir, will be answerable for the consequences of the national legislature, will permit themselves to be governed by considerations of a personal nature, when acting upon a subject infinitely momentous, not only to themselves but to remotest posterity.
Mr. THOMAS said that he was in favor of the amendment as it then stood in the resolution, and hoped that it would receive the support of a constitutional majority of that House. At the same time, he said, he confessed that he should have been better satisfied, had it gone no further than to designate the President and Vice-President; because he thought the more it was trammeled with detailed provisions, the greater the hazard of its final ratification by the respective state legislatures.
He was not at all alarmed at the variety of opinions which had been expressed on that question, even by those in favor of the general principle. On a subject of so much importance to the welfare of this country, it was natural to expect a difference of sentiment, as to its bearings, and the lengths to which it ought to go. He was happy, however, to find the appearance of a disposition on the part of those honorable gentlemen, to concur in passing the amendment, since it embraced the important object of designation; although it was not shaped exactly agreeable to their wishes. He rejoiced, he said, to find that with respect to the great principle contained in the resolution, there appeared but one opinion in that House; unless it was from a quarter from whom we look for opposition on all occasions.
On this question, however, said Mr. Thomas, I do confess that I am extremely disappointed in finding two of my honorable colleagues (Mr. Livingston and Mr. G. Griswold) hostile to this measure; considering that the legislature of the state from which those gentlemen are representatives, in January 1803, unanimously recommended, in the most impressive terms, the adoption of this amendment to our constitution; notwithstanding at that time a respectable minority of one branch, and a large majority of the other, coincided with those gentlemen in political sentiment. Knowing this, Mr. Speaker, said Mr. T. I did expect—and I think I had a right to expect, different conduct, on the part of those honorable gentlemen on this occasion. He said with the permission of the House, he would read a letter, addressed to him, as a representative of the state of New-York on that floor, by the President of the Senate, and Speaker of the House of Assembly of that state, inclosing two resolutions, one of which embracing this object. Here Mr. Thomas read the letter alluded to, and then remarked, that it was not his intention to enter into the merits of the question, he only rose with a view to state this circumstance, and to express his disappointment in finding those gentlemen opposed to this amendment.
Mr. LIVINGSTON said he should not have risen but for the remark of his colleague (Mr. Thomas). He had, at the time alluded to, the honor to be a member of the legislature of N. York; but he was in a small minority. He had then the same opinion of the majority as at present. He did not, therefore, imagine that any thing that came from him would succeed, and did not think it in the least useful to oppose himself to the torrent.
Mr. EUSTIS did not rise to discuss the merits of the amendment; but to answer the call of his colleague (Mr. Hastings). In 1797, as well as he recollected, the assembly of Massachusetts instructed their Senators, and advised their representatives to vote for an amendment to the constitution founded on the same principle with the present amendment. He presumed the gentleman from Massachusetts was ignorant of this fact, or he would not oppose the voice of the people of that state.
Mr. HASTINGS confessed his ignorance of this circumstance. But had he known it, he should not have considered himself bound to make a sacrifice of his own opinion to such instructions. He had no idea that when a person was chosen to represent the people, he was under any obligation to pursue a line of conduct contrary to the dictates of his own mind, whatever might be the instructions of his constituents. If, after a thorough consideration of a measure which he should be thus instructed to vote for, he should be convinced that it would operate against the interest
of his constituents, he asked if he were not under a solemn obligation, to act in opposition to his instructions; because such measure, if carried into effect, might operate to the disadvantage, perhaps destruction of the public good. He would not however enter into a discussion of this point; but satisfy himself with saying that if he was instructed by every free citizen in Massachusetts, to vote for a measure, which, after mature reflection, he was convinced would prove injurious, he should pursue the dictates of his own judgment and vote against it.
Mr. DANA. It is extraordinary that the gentleman (Mr. Eustis) should rise to make this explanation. Does he mean to say to the representatives of the people, the state legislatures may issue their mandates to you, and though they are not your constituents, you shall nevertheless obey them? They are not our constituents; they are not authorized to give us instructions; and we are not bound to obey them when given.
Dr. EUSTIS said he had barely risen to give the honorable gentleman from Massachusetts information; he had not expected to call up his champion from Connecticut behind him. He had risen merely to state a fact for the information of his colleagues, as from the observations he had made it might be inferred that the state of Massachusetts was adverse to the principle of this amendment. It was far from his intention to oppose the sentiments of the legislature of Massachusetts to the will of that House. He honored the independence his colleague had expressed. It was, to be sure, an independence that went to the utmost limit a representative could have of his constituents. Yet he did not censure him for asserting it.*
*REMARKS OF THE EDITOR.
On a subsequent day Dr. Eustis stated that he had made enquiry respecting the instructions of the legislature of Massachusetts to which he had on a preceding day referred, without having been able to obtain satisfactory information. He was inclined to think he had been in error in stating their existence; and with this impression on his mind, he considered it due to his colleague (Mr. Hastings) to render an apology for the remarks he had applied to him.
Since the period of the above debate a letter has been addressed to the Secretary of the commonwealth of Massachusetts on the subject, who has returned a certified copy of instructions, the nature of which appears to have been correctly stated by Dr. Eustis. It will be perceived that their date varies from that stated by him, and that they are more recent by two years than he represented them.
They are as follows:
Commonwealth of Massachusetts.
IN SENATE, Feb. 28th, 1800.
Whereas the legislature of the state of Vermont, on the fifth day of November last, passed two resolves in the words following, viz.
STATE OF VERMONT.
In General Assembly, Windsor, Nov. 5th, 1799.
Resolved, That the Senators and Representatives of this state in the Congress of the United States be, and they hereby are requested to use their best endeavors, that Congress propose to the legislatures of the several states the following amendment to the constitution of the United States, viz. That the electors of President and Vice-President in giving in their votes, shall respectively distinguish the person whom they desire to be President from the one they desire to be Vice-President, by annexing the words President or Vice-President, as the case may require, to the proper name voted for; and the person having the greatest number of votes for Vice-President, if such number be a majority of the whole number of electors chosen, shall be Vice-President; and if there be no choice, and two or more persons shall have the highest number of votes, and those equal, the Senate shall immediately choose by ballot one of them for Vice-President; and if no person have a majority, then from the five highest on the list, the Senate shall in like manner choose the Vice-President: But in choosing the Vice-President, the votes shall be taken by states, the Senators from each state having one vote. A quorum for this purpose shall consist of a member or members from two thirds of the states; and a majority of all the states shall be necessary to a choice. And in case the Senators and Representatives of this state in congress, shall find that the aforesaid amendment is not conformable to the sentiments of a constitutional majority of both branches of the national legislature, they are hereby requested to modify the same as to meet the sentiments of such majority.
Provided, however, that any amendment which may be agreed on, shall oblige the electors to designate the person they desire to be President, from the one whom they desire to be Vice-President."
Resolved, That his excellency the go-
Mr. THOMAS asked his colleague (Mr. Livingston) as a member of the legislature of New York, when instructions were given to vote for a similar amendment, whether a majority of the Senate of that state were not of the same political sentiments with himself.
Mr. LYON said he should not have risen on this occasion had he not heard the old subject of irritation harped upon. Gentlemen opposed to the amendment of the constitution under consideration had introduced the hackneyed topic of the representation of the slaves, and talked of that as being a sacrifice in the formation of the compact on the part of the states who held no slaves and as included in the general compromise—for himself, although he had formerly the honor of representing a state where there was no slavery, and now had the honor of representing a state where slavery is allowed or he had not changed his opinion, nor held two opinions on the subject, he always considered the article of the constitution alluded to as containing the compromise on that subject within itself, and that the sacrifice was on the part of the people of the states where slavery is admissible. Numbers was agreed on as the basis of representation, it certainly was the best criterion to form an estimation of the property and of the ability of the States to contribute to the public expenditure, but the states where the blacks were free, lay to the states where the blacks were slaves, your slaves must not be counted in the numbers to be represented, the natural reply was, why not count our black people as well as you count yours, we enter not into your local policy, nor examine what kind of freedom you allow to black or white, yet they gave up two-fifths of their slaves as a compromise, so the sacrifice was made by them. For my own part, said Mr. L. the opportunity I have had of seeing the operation of both the freedom and the slavery of the black people convinces me that the blacks who are slaves are much more useful and beneficial to the community and to the nation according to their number, than those that are free, and I always have considered this subject when brought up as mere matter of exclamation and intended to create popular murmur and discontent.
The yeas and nays were then taken on the passage of the amendment—Yeas 88—Nays 31.
vernor be requested forthwith to transmit the same to the Senators and representatives of this state in congress; and also to transmit the same to the supreme executives of the several states. Which resolves have been communicated by the supreme executive of the state of Vermont to the supreme executive of this commonwealth.
Resolved, That the legislature of this commonwealth have a high sense of the wisdom and patriotism of the legislature of the state of Vermont, and accord with them in the opinion, that it is expedient that the constitution of the United States be amended in the manner contemplated in the aforesaid resolves of the legislature of the state of Vermont.
Resolved, further that the Senators and representatives of this state in the congress of the United States, be, and they are hereby requested to adopt the necessary measures to effect the amendment aforesaid.
Resolved, further that his honor the lieutenant governor, be, and he is hereby requested to communicate the foregoing resolves to the supreme executive of the state of Vermont, and also to transmit copies thereof to the senators and representatives of this commonwealth in the Congress of the United States.
Sent down for concurrence.
SAML. PHILLIPS, President.
In the House of Representatives, March 4th, 1800.
Read and concurred.
EDWARD H. ROBBINS, Speaker.
March 4, 1800.
APPROVED.
MOSES GILL.
True copy. Attest.
JOHN AVERY, Secretary.
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TREASURY DEPARTMENT,
November 4th, 1803.
SIR, I have the honor to transmit, herewith, a report and estimates of the appropriations which appear to be necessary for the service of the year 1804; also a statement of the receipts and expenditures at the treasury of the United States, for one year preceding the first day of October, 1803. I have the honour to be, Very respectfully, Sir, Your obedient servant, ALBERT GALLATIN.
The honorable Speaker of the House of Representatives.
REPORT.
The Secretary of the Treasury respectfully reports to the House of Representatives of the United States
That for the service of the year 1804, the following appropriations, as detailed in the estimates herewith transmitted, appear to be necessary.
Dolls. Cts.
For the civil list, or the support of government, including the contingent expenses of the several departments and offices, the sum of 564,308 68
For Miscellaneous expenses, viz.
For the payment of grants & annuities, 1,500 For Military pensions, 98,000
For the support of the mint establishment 9,400
For the support of Light-Houses, beacons, buoys and public piers, & other establishments for the security of navigation, 60,451 33
For defraying the expenses of surveying the public lands south of the state of Tennessee, 10,000
For satisfying miscellaneous claims, 4,000
For furniture for the President's house, being the unexpended balance of former appropriations, 145 17
183,496 50
For the expenses of intercourse with foreign nations, viz.
For the diplomatic department, 46,550
For the expenses incident to the intercourse with the Barbary powers, 100,000
For aid to distressed seamen in foreign countries, 10,000
For prosecuting claims in relation to captures, 3,350
159,900
For the military department, viz.
For the pay, forage, subsistence and clothing of the army, bounties, hospital, transportation, and contingent expenses, 677,954 21
For fortifications, arsenals, magazines and armories, 109,896 88
For the Indian department, 75,500
863,351 02
For the naval establishment, viz.
For the expenses of 2 frigates, 2 brigs, and 3 Schooners in actual service, 354,001 55
For the expenses of 11 frigates in ordinary, and for the half pay of officers not in actual service, 154,720 17
For ordnance, 5,000
For the support of the marine corps, 80,933 56
For completing the marine barracks at Washington city, 3,584 72
For improving navy yards, wharves, and docks, 52,000
650,000
2,421,056 27
Amounting in the whole, to two millions four hundred and twenty-one thousand fifty-six dollars and twenty-seven cents.
The funds out of which appropriations may be made for the purposes before mentioned are,
First. The sum of six hundred thousand dollars of the proceeds of duties on imports and tonnage, which will accrue in the year 1804, which sum is, by law annually reserved for the support of government.
Secondly—The surplus of the revenue and income of the United States, which may accrue to the end of the year 1804, after satisfying the objects for which appropriations have been heretofore made.
The Secretary also transmits a statement of the receipts and expenditures
of the United States, for the year prior to the first of October last, being the latest period to which an account can be prepared.
All which is respectfully submitted.
ALBERT GALLATIN.
Treasury Department Nov. 4th, 1803.
In the case of ZEBULON WARNER a bankrupt.
Whereas a commission of BANKRUPTCY founded on the act of Congress passed on the 4th day of April in the year eighteen hundred, entitled "An act to establish an uniform system of bankruptcy throughout the United States" has been awarded against Zebulon Warner of the district of Columbia, dealer and Chapman and he being declared bankrupt is hereby required to surrender himself to the commissioners in the said commission named, or the major part of them on the 19th day of December instant, and 16th days of January next, at 4 o'clock in the afternoon of each day at the house of William Rhodes innkeeper in the city of Washington and to make a full disclosure of his whole estate and effects, when and where his creditors are to come prepared to prove their debts, at the second sitting to choose assignees and at the last sitting to assent to or dissent from the allowance of his certificate, all persons indebted to the said bankrupt or who have any of his estate or effects in their hands are not to pay or deliver the same to any person not appointed by the commissioners but give notice to
LEWIS FORD, Sec. to the commissioners. December 5, 1803—16J
PROPOSALS
for publishing a periodical work entitled
The Literary Magazine,
AND
AMERICAN REGISTER.
THIS work, if public patronage encourages its prosecution, shall be published monthly.
The number shall be, occasionally ornamented with an engraving, executed by the best artist that can be obtained, and delivered to subscribers at the price of FIFTY CENTS. Each number shall contain, at least, eighty pages in large octavo, and shall comprehend seven departments.
The first department shall include original, moral, literary or scientific performances, and biographical or historical sketches.
The second department shall contain reviews of American publications, and of English works republished here.
The third department shall comprise such extracts, from foreign publications, as shall be considered peculiarly interesting, and deserving the attention of the people of America. The essence, especially of periodical publications, shall be carefully extracted.
The fourth department shall consist of pieces of original or selected poetry.
The fifth department shall include notices of publications preparing for the press; notices of literary characters and incidents; and such portions of information of a scientific, commercial, and agricultural nature, as shall be deemed most remarkable and most deserving of notice.
The sixth department shall contain an accurate detail of political intelligence, foreign and domestic, particularly a clear summary of the proceedings of the Congress of the United States during their session.
The seventh department shall consist of all such interesting or important occurrences, as the passing month shall have produced; such as casualties, crimes, &c. and shall likewise contain as full and accurate a list of marriages and deaths, in the United States, as can be procured.
This work will be published by Messrs. John Conrad, & Co. and will be conducted under the immediate direction of an Editor, who, in addition to his own labours, has received assurances of the assistance of several of the first literary characters in this city and in New York.
A work of the nature now offered to the attention of the people of the United States, has long been demanded. It is conceived, that, if properly conducted, it would eminently promote the literature of this country, and would prove, in all respects favourable to the gratification of taste and extension of useful information.
The Editor promises, if encouraged by liberal subscriptions, all that his talents and labours can perform toward the successful execution of the work which he has proposed to undertake, and he hopes that this appeal to literary taste, that this desire to diffuse knowledge among all classes of society, will not, like other attempts, which have preceded this, be rendered fruitless, by a cold and depressing reception.
To enable the public to judge of the nature of the publication as soon as possible, the first number will appear in a few days.
Subscriptions received by Rapine, Conrad, & Co. Booksellers and Stationers, New-Jersey Avenue, near the Capitol. December 5.
Five Dollars Reward.
RAN AWAY from the subscriber JOHN MELCO an apprentice lad, between sixteen and seventeen years of age, of effeminate appearance and much given to strong liquor. I hereby caution all persons at their peril, from harboring, employing, or carrying him out of the district, the above reward will be given for delivering him to me in this place but no allowance for expenses.
DANIEL M'DOUGAL. Navy Yard, Dec. 5—3t
THEO. HOLT,
HAS received from Europe and for sale fine mixed Tulips double Dutch Hyacinths, separate colors, in good order, for glasses, Pears and Persian Ranunculus, Crœcus several colors, fine mixed Anemones, &c.—Split Peas, Durham Mustard, Bird Seeds, Grass Seeds, Garden Tools, Garden Seeds, &c. He has also a large assortment of Fruit Trees, Flowering Shrubs, Lombardy Poplars, &c. Eastern Branch, Nov. 2—tawtf

MONDAY, DECEMBER 5.
PEACE WITH MOROCCO.
CAPT. ROGERS arrived at this place on Friday last. He has brought the important intelligence of the RE- STORATION OF PEACE between the UNITED STATES and the Em- peror of MOROCCO. During the ne- gotiation our frigates were moored in battle array within 300 yards off Tan- giers, for the purpose of battering it down in case peace had not been made upon the terms which we had dictated. Although upon the batteries of Tan- giers there were 105 pieces of cannon, our frigates were so stationed that only 15 could be brought to bear upon them. This peace has been effected without paying one cent for tribute, or as the price thereof. The brig seized at Ma- gador has been restored. The Emperor was himself at Tangiers with an army of twenty thousand men.
In the John Adams arrived at this place on Saturday, WILLIAM SMITH, our late Minister to Por- tugal.
The following is the result of the election in Maryland for a member to the State Legislature, in the room of General Bowie, appointed Governor.
  Majority for Mr. Lyles at Van- ville, 165   Bladenburg, 11   Nottingham, 129   305   Majority for Mr. Addison at Marlborough, 40   Piscataway, 223   263   Majority for Mr. Lyles, the re- publican candidate, in the coun- ty, 42 
On Friday the SENATE, after a debate, which has continued, with in- termission, for about three weeks, came to a definitive decision on the amend- ment to the Constitution respecting the mode of electing a PRESIDENT and Vice-President.
The question was taken by Yeas and Nays about 9 o'clock in the Evening, as follows :
Yeas 22—Nays 10. YEAS—Messrs. Anderson, Bailey, Baldwin, Bradley, Breckinridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Israel Smith, Samuel Smith, John Smith, Stone, Taylor, Worthington, Wright. NAYS—Messrs. Adams, Butler, Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, White.
Two thirds of the members approv- ing, the Amendment is consequently carried by a constitutional majority.
Mr. Sumner and Mr. Armstrong were absent.
It will be observed that the amend- ment, which follows, differs considera- bly from that agreed to by the House of Representatives. The principle, how- ever, of both being similar, there can be little doubt of the concurrence of the House in the modification proposed by the Senate.
Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, Two thirds of both houses concurring, that in lieu of the third paragraph of the first section of the second article of the constitution of the United States, the following be proposed as an amendment to the constitution of the United States, which when ratified by three fourths of the legislatures of the several states, shall be valid to all intents and purposes, as part of the said constitution, to wit:
The electors shall meet in their re- spective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabi- tant of the same state with themselves; they shall name in their ballots, the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the Unit- ed States, directed to the President of the Senate. The President of the Se- nate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the per- sons having the highest numbers not exceeding three on the list of those vot- ed for as President, the House of Re- presentatives shall choose immediately, by ballot, the President. But in choos- ing the President, the votes shall be ta- ken by states, the representation from each state having one vote; a quorum
for this purpose shall consist of a mem- ber or members from two thirds of the states, and a majority of all the states, shall be necessary to a choice. And if the House of representatives shall not choose a President whenever the right of choice shall devolve upon them, be- fore the fourth day of March then next following, then the Vice president shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest num- ber of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of elect- ors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
House of Representatives.
THURSDAY, Dec. 1, 1803. The House resolved itself into a com- mittee of the whole—Mr. Tenney in the chair—on the Message of the President, enclosing the treaty with the Kaskaskia tribe of Indians.
The two following resolutions were agreed to, and afterwards confirmed by the House; viz.
Resolved, That provision ought to be made for carrying into effect the treaty concluded at Vincennes, in the Indiana territory, on the 30th of August 1803, between the United States of America, and the Kaskaskia tribe of Indians.
Resolved, That the committee ap- pointed on the 22d of November last, on the petitions of sundry residents in the state of Ohio, be authorised and di- rected to report by bill or otherwise, the provisions necessary for carrying the said treaty into effect, and on our other con- cerns with the Indian tribes.
FRIDAY, Dec. 2, 1803. The House went into a committee of the whole—Mr. Varnum in the chair—on the report of the committee of Claims on the petition of Benjamin Wells, which is as follows :
REPORT. The object of the petitioner is to ob- tain indemnification for the losses he sustained by the insurrection in the west- ern counties of Pennsylvania in the year 1794—These were estimated by the commissioners appointed for that purpose under the act of Congress passed the 27th February, 1795, at 1237 dollars 50 cents—On account of which there was advanced to the petitioner, by govern- ment, the sum of 827 dollars, 50 cents— for which he is held responsible by the terms of the act just mentioned.
If your committee entertained the opinion that the government is bound to make reparation for damages occasioned by rioters or insurgents, still they would not be disposed to admit the report, of the commissioners in the present instance as conclusive evidence of the just amount of those damages. It is very obvious that with the best possible intentions to do complete justice, they were exposed, in an ex parte enquiry, to various imposi- tions from the representations of their losses by the parties in interest.
From the best information your com- mittee can obtain they are satisfied that the sum already received from the go- vernment by the petitioner must be viewed as an adequate compensation for the actual destruction of property he has sustained. To exonerate him from fur- ther liability to refund this sum would, it is believed, under all the peculiar cir- cumstances of the case be an act of jus- tice as well as of liberal policy. And as there are other sufferers from the same unfortunate transactions, to whom simi- lar advances have been made; your committee are of opinion relief should be extended to all, under one general provision—They therefore respectfully submit to the house the following reso- lution, to wit:—
Resolved, That the officers of Govern- ment and other citizens to whom monies were advanced by the President of the United States pursuant to a law passed the twenty seventh day of February, one thousand seven hundred and ninety five, entitled "An act to provide some pre- sent relief to the officers of government, and other citizens, who have suffered in their property by the insurgents in the western counties of Pennsylvania," ought to be exonerated from any future respon- sibility for the monies so advanced to them respectively.
Messrs. J. C. Smith, Smilie and Find- ley supported and Mr. Claiborne opposed the report.
Report agreed to—Ayes 64—Noes 24.
The committee rose, and reported the report of the committee of Claims with- out amendment.
Mr. Jackson moved a postponement of the further consideration of the report until Monday.
Messrs. Jackson, Holland and Claiborne supported, and Messrs. J. C. Smith and Smilie opposed the postpone- ment, which was lost.
The House then concurred in the re- port of the committee, and directed a bill to be brought in.
The House went into committee of the whole on the report of the commit- tee of Commerce and Manufactures, on the petition of Stephen Kingston, which is unfavorable to the prayer of the pe- titioner.
Messrs. Mitchell, J. Clay and R. Griswold opposed the report, which was disagreed to.
Mr. Nicholson moved that the com- mittee should rise, in order to have the report recommitted to the committee of Commerce and Manufactures.
The motion was opposed by Messrs. J. Clay and S. L. Mitchell.
Motion lost.
The committee then non-concurred in the report of the committee of Com- merce and Manufactures—Ayes 43—Noes 57.
The committee then rose, and the House agreed to their report.
Mr. J. Clay then moved a resolution "that the prayer of the petition of Stephen Kingston ought to be granted."
Mr. R. Griswold moved a recommi- tment of the report to the committee of Commerce and Manufactures.
Lost—Ayes 25.
The House then agreed to postpone the further consideration of the resolu- tion till Monday.
Mr. Nicholson made a report, in part, from the committee appointed to enquire into the expediency of amending the se- veral acts relative to the sale of public lands—The report concludes with a re- solution, that the Secretary of State, Se- cretary of the Treasury, and the Attorney General be authorised to receive propositions of settlement from cer- tain companies having claims, and final- ly adjust the same.
Made the order for Monday.
Dr. Leib reported a bill to reduce the Marine Corps of the United States.
Made the order for Monday.
Philadelphia Nov. 29. FROM LEGHORN, August 23.
Enclosed you have a copy of a note I have received two days ago from the consul of the United States, by which you will observe that General Oliver the French commandant here has clearly ex- pressed to Commodore Morris that this port was considered in the same light as if belonging to the French Republic, and consequently subject to the decree of the First Consul, of Messidor 1, 11th year, by which all British mer- chandise and colonial produce was pro- hibited in the French ports, and subject to confiscation under whatever flag it may be imported. I understand that commodore Morris is gone to Florence on the business, with a memorial to her majesty to endeavor if possible to have the arbitrary decree recalled, or rather to prevent its extension to this port. I sincerely hope he may succeed, though I very much doubt it. In the mean time, great attention should be observ- ed in accompanying every article with a certificate from the French agent, stat- ing that the property is not the produce of Britain or her colonies.
LEGHORN, August 20. "SIR, "I am just favored with a letter from Commodore Morris, stating the conver- sation he had with General Oliver on the subject of the Arrete of the First Con- sul of the French Republic, the 11t Messidor, 11th year, and of which the following is an extract:— "The late arrete considered neutrals laden wholly or in part with British ma- nufactures, bound to any port of the French Republic, subjected to confisca- tion, and this port was considered as a port of the French Republic."
PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES.
MONDAY November 21. An engrossed bill fixing the salaries of certain officers therein mentioned, was read the third time:
On the question shall the bill pass, It was resolved in the affirmative, yeas 76—Nays 35—As follows :
YEAS—Messrs. Alston, junr. Alex- ander, Anderson, Archer, Bard, Black- ledge, Boyle, Brown, Bryan, Butler, G. W. Campbell, Caley, Claggett, Claiborne, Clopton, Conrad, Crowningshield, Cutts, Dawson, Dickson, Early, Elliott, Eppes, Eutis, Findley, Fowler, Gillespie, Goodwyn, Gray, Gregg, Hammond, Ham- pton, Hanna, Harbock, D. Heister, Holland, Holmes, Huger, Jones, Knight, Lowndes, Lucas, Lyon, M'Cord, M'Creery, S. L. Mitchell, Morrow, New, Newton, junior, Nicholson, Olin, Palmer, Phelps, J. Randolph, junior, T. M. Randolph, J. Rea, (of Penn.) J. Rea, (of Tennessee) root. Sand- ford, Seaver, Skinner, Smilie, J. Smith, (of New-York) J. Smith, (of Virginia) Stanton, Tenney, Thomas, Thomp- son, A. Trigg, J. Trigg, Van Cort- landt, Varnum, Walton, Whitehill, Winn, Wynns—76.
NAYS—Messrs. Bedinger, Bishop, C. Anderson, Guitenden, J. Clay, M. Clay Davenport, Dwight, Earle, Goddard, Griffin, G. Griswold, Hastings, J. Heister, Hough, Kennedy, Leib, J.
Lewis, jun. T. Lewis, Meriwether, N. Mitchell, Moore, Richards, Rodney, Sammons, J. C. Smith, Stanford, Sted- man, Stephenson, Sewart, Taggart, Tallmage, Tibbitts, M. Williams, and Winton—35.
TUESDAY, November 22.
Two petitions of sundry residents and purchasers of lands in the state of Ohio, whose names are thereunto sub- scribed, were presented to the House, and read, respectively submitting to the consideration of Congress, certain pro- positions of amendment to the existing laws relative to the sale of the lands of the United States lying within the said state, which they pray may be adopted, as well to enable the industrious resi- dents or emigrants to purchase a quanti- ty of land proportionate to their capital, as to promote the general interests of the Union.
Ordered, That the said petitions be referred to Mr. Nicholson, Mr. Morrow, Mr. Dwight, Mr. Brown, and Mr. Bryan.
A petition of sundry inhabitants of the northerly part of the state of New- Hampshire, was presented to the House, and read, praying an alteration in the post road at present established by law from Portsmouth to Plymouth, so that the same may pass through the towns of Farmington, the south westerly corner of Milton, Middleton, New-Durham, Alton, Wolfborough, Tuftsbrough, and Moultonborough, in the said state.
Referred to the post office commit- tee.
A petition of John Gillick, son and heir of John Gillick, deceased, was read, praying that the liquidation and settle- ment of a claim for the pay and other emoluments due for the services of the deceased, as a soldier in the second Vir- ginia regiment on continental establish- ment, during the revolutionary war with Great-Britain.
Referred to the committee of claims.
A petition of sundry inhabitants of George-town, and its vicinity, in the district of Columbia, whose names are thereunto subscribed, was read, praying that Congress will reconsider and ulti- mately decide on their petition presented the fifth of April, 1802, praying that the present directors of "the Columbian Library company," therein named, and their legal successors may, by law, be incorporated and constituted a body polit- ic, with such privileges and immunities as are usual in such cases.
Referred to Mr. Findley, Mr. Phelps, Mr. Nahum Mitchell, Mr. Claiborne and Mr. Lowndes.
WEDNESDAY, November 23.
Mr. John Cotton Smith, from the committee of claims, to whom were re- ferred, on the twenty-sixth and twenty- seventh ultimo, the petitions of William Wyman and of Christopher Stoaks, made a report thereupon, which was read, and ordered to be referred to a committee of the whole House, to-mor- row.
A petition of Thomas Marshall Ba- ker, of Upton, in the county of Wor- cester, and state of Massachusetts, was read, praying that he may be placed on the list of pensioners, in consideration of wounds received in an engagement with the enemy on Rhode-Island, some time in the month of August, one thou- sand seven hundred and seventy-eight, whilst a captain of a company of mi- litia in the actual service of the United States; or that such other relief may be afforded him as to the wisdom and justice of Congress shall seem meet.
Also, a petition of Ezekiel Scott, praying that he may receive the pay and other emoluments due for his services as a major in a regiment of New-York state troops, raised for the defence of the said state, by an act of the legislature thereof, in the year one thousand seven hundred and eighty-one, to continue in service for the term of three years, and to be armed, accoutred, clothed, sub- sisted and paid at the expence of the United States.
Also, a petition of Henry Glenn, of Schenectady, in the state of New-York, stating, that during the greater part of the revolutionary war with Great-Bri- tain, the petitioner was employed in va- rious and important services for the de- fence of the United States, for which he has hitherto received an inconsidera- ble compensation;—that during the same period, a number of necessitous in- dividuals, who rendered services and fur- nished supplies, under the direction of the petitioner, and have not yet received any pay therefor, now depend upon him, as their employer, for remuneration; and praying, that Congress will take the premises into consideration, and grant such additional compensation, as may, in their wisdom, be deemed equitable and proper.
Ordered, That the said petitions be referred to the committee of claims.
On motion, Resolved, That the committee of claims be directed to enquire into the expediency or inexpediency of making provision, by law, for all those officers and soldiers who were disabled by wounds in the revolutionary army, and for whom no provision has heretofore
been made by law; and report by bill, or otherwise.
A memorial of the merchants, pilots, ship builders, farmers, planters, and fu- dry persons concerned in navigation, re- siding in Saint Mary's county, in the state of Maryland, whose names are thereunto subscribed, was read, praying for the reasons therein specified, that the office of the collector of the district and port of Nanjemoy, may be removed to such place on Saint Mary's river, in the said state, as shall to the wisdom of Congress appear best calculated to pro- mote the convenience of the memo- rials, as well as the interests of the ge- neral government.
Referred to the committee of com- merce and Manufactures.
TEAS AND NATS, on the resolution for repealing the Bankrupt Law.
YEAS.—Messrs. Alston, junr. Alex- ander, Anderson, Archer, Baldwin, Bard, Bedinger, Betton, Bishop, Blackledge, Boyle, Brown, Bryan, Butler, G. W. Cam- pbell, Caley, Chamberlin, Chittenden, Claiborne, M. Clay, Clopton, Conrad, Crown- ingshield, Cutts, Daws, Davenport, Dawson, Dickson, Dwight, Earle, Elliott, Eppes, Findley, Fowler, Gillespie, God- dard, Goodwyn, Gray, Gregg, Griffin, G. Griswold, R. Griswold, Hammond, Hamp- ton, Hanna, Harbock, Hastings, J. Heister, Hoge, Holmes, Jones, Kenne- dy, Knight, Leib, I. Lewis, junr. Lucas, M'Cord, Meriwether, N. Mitchell, Moore, Morrow, New, Newton, junr. Olin, Palmer, Patterson, J. Randolph, junr. T. Randolph, J. Rea, (of Pennsylvania) J. Rea, (of Tennessee) Richards, Rod- ney, Root, Sammons, Sandford, Seaver, Smilie, J. C. Smith, J. Smith, (of Virginia) Stanford, Stanton, Stedman, Stephenson, Stewart, Taggart, Tall- mage, Tenney, Thomas, Thompson, A. Trigg, J. Trigg, Van Horne, Varnum, Walton, Whitehill, M. Williams, Winn, Winton, Wynns—99.
NAYS—Messrs. J. Campbell, J. Clay, Early, Eutis, D. Heister, Huger, Jack- son, Lowndes, M'Creery, Moore, Nich- olson, Skinner, J. Smith, (of New- York)—13.
THURSDAY, November 24.
A message, in writing, was received from the President of the United States, by Mr. Harvie, his Secretary, as fol- loweth:—
"To the House of Representatives of the United States.
"In conformity with the desire ex- pressed in the resolution of the House of Representatives of the fifteenth instant, I now lay before them copies of such doc- uments as are in possession of the exe- cutive relative to the arrest and confine- ment of Zachariah Cox, by officers in the service of the United States, in the year one thousand seven hundred and ninety- eight. From the nature of the transac- tion, some documents relative to it might have been expected from the war-office; but if any ever existed there, they were probably lost when the office and its pa- pers were consumed by fire."
"TH: JEFFERSON."
"Nov. 24, 1803. The said message was read, and toge- ther with the documents accompanying the same, ordered to be referred to the committee appointed the second instant, on the remonstrance and memorial of Zachariah Cox.
A petition of sundry inhabitants of Fairfield county, in the state of Ohio, was read, stating that the petitioners feel themselves aggrieved by the oper- ations of the act providing for the sale of the lands of the United States north- west of the river Ohio; and praying, that an officer may be appointed to re- survey such portions of land purchased by the petitioners as may prove deficient, and that a deduction per acre, accord- ing to the price paid for the said land, may be allowed to the petitioners; or such other relief granted in the premi- ses as to the wisdom of Congress shall seem meet.
Referred to the same committee, to whom was referred similar petitions.
A petition of Isabella Butler, of Nashville, in the state of Tennessee, widow of Edward Butler, deceased, was read, praying the liquidation and settle- ment of a claim for services rendered and expenses incurred by the deceased, who was entrusted in his life time by the commissioners appointed to run the boundary line between the United States and the Cherokee nation of In- dians, to carry the original treaty and chart to the seat of government, some time in the year one thousand seven hundred and ninety eight, and for which no compensation has hitherto been made.
Referred to the committee of claims.
Lots for sale.
IN eligible situations, and upon very ad- vantageous terms—A plan of the several squares in which they are contained may be seen and terms therefor on applying to.
ROBERT W. PEACOCK. Attorney at law and Conveyancer.

For Sale or Rent. A Convenient two story I.R.I.K HOUSE and Lot, situated on the Pennsylvania Avenue near the Center Market. Possession will be given the first of March. For terms apply to the subscriber. WM. WOODWARD. November 18—tf
FOR SALE. THE Plantation on which I live, containing about 600 acres of valuable land. The improvements are, an exceeding good dwelling house two stories high, 42 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above stairs, with fire places in all but one, and a dry sweet cellar, the size of the house, in which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 18, two stories high, with a kitchen and laundry below, and lodging rooms for servants above. A washing house, meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy general neighborhood, about four miles from the city of Washington, five from Alexandria, Near one hall is in wood and timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the fence and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides an abundant one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises. OVERTON CARR. September 19. eptf
New Retail Grocery Store. Just received per the schooner Highland F. Hand, master, from Philadelphia. London particular, Madeira, Sherry, Port & claret Wines—Cognac brandy, Spanish do. by the cask only; Jamaica Spirits, Holland gin, cherry bounce, anniseed cordial, whiskey, white wine and cyder vinegars, sugar house molasses, spermaceti oil and candles; Imperial, hyson, young hyson, and hyson skin tea—leaf, lump and muscovado sugars; coffee and chicory, pearl and common barley, American cheese, butter by the firkin only, bisket salt for table use, sweet oil for do. capers and olives, raisins, almonds, &c. Lemons, cloves, mace, nutmegs, cinnamon and allspice, black pepper, mustard and ginger, Spanish fevers of a superior quality, Macquaba and apple snuff, fig, blue and darch, brown loz and candles, wrapping paper, seise twine emijons, liquor cases, &c. &c. All warranted to be of the best qualities, and for sale by EDGAR PATTERSON. November 30—tf
Rumley's Iron Works, CONSISTING of furnace, forge, and the necessary appendages, constructed perhaps in the most complete manner of any in the United States, with abundance of water, wood, and ore of the best quality, are for sale or rent on the most reasonable terms, by the subscriber—in whom the title wholly is, free from every encumbrance. F. FAIRFAX, Charles town, Jefferson county, Virg. Nov. 30.—4t
Public Sales. ON Saturday the 10th day of December next, at the farm of the late Mr. THOMAS DICK near Bladensburg, will be exposed to public sale the whole of the personal property thereon, consisting of horses, cattle, sheep, hogs, the crop on hand, wagons, carts, plantation utensils, &c. Credit to the first of July next on all sums exceeding ten pounds currency, will be given on granting bonds with approved security bearing interest from date. And on Saturday following, being the 17th day of December, at the late dwelling house in Bladensburg of the said Mr. Dick deceased, will be exposed to sale in like manner and on similar terms the furniture of every kind appertaining to the same. Also a coach with harness for two horses. JOHN LAIRD, Executor. November 24—ept17D
MILLINERY. FRANCIS PIC has the honor to inform the ladies and gentlemen of George town and Washington, that he has received since the departure of Mrs. Pic for Philadelphia, an elegant assortment of wigs and frizzettes, silk great coats, combs mounted in gold, and beads, muffs and tippets, flocks, wadding for silk coats, plush hats and Buonaparte bonnets; and expects a general assortment when Mrs. Pic returns home. Nov. 30.—3t
All persons having claims or demands of any nature against the subscriber are requested to exhibit their accounts, without delay, to JOHN HEWIT or RICHARD FORREST, Esqrs. of the city of Washington, who are authorized, in my name, to adjust and settle the same; and all persons indebted to me are requested to make payment to either of the gentlemen above named. SAMUEL BLODGET. March 30. tf
8 Dollars Reward. DESERTED from on board the United States frigate Chesapeake on the 28th inst. an ordinary seaman named WILLIAM ORANG, about 17 years of age, five feet 5 or 6 inches high, dark hair and eyes, thick set, dark complexion, has a simple look, his eyes looking cross ways—he had on a new check shirt, a pair of blue cloth trowsers and an old blue jacket, it is supposed he made for Baltimore where he was recruited a few weeks ago. The above reward will be given to any person who will cause him to be delivered to captain John Cassin superintendent of the Navy Yard, and all reasonable charges will be paid. Nov 29—3t
New Garden Seeds. BERNARD M'MAHON, SEEDSMAN, No. 129, Chestnut-street, Philadelphia, HAS received by the late arrivals from Europe, a general assortment of early garden seeds while clover, hemp, rape, maw, and millet seeds; pruning, grafting, and budding knives, constructed upon the most improved principles, garden lines, and tools of every kind, suitable for gardeners, hyacinth glasses, bals-mats, best Durham flour of mustard, &c. &c. He expects in a few days the most extensive assortment of grass and garden seeds ever imported into the United States; and the general satisfaction given by his seeds last season, is his principal claim to the patronage of the public. He has also for sale, flower roots, apple, pear, peach, plum, cherry, apricot, and nectarine trees, from one to four years old, in good health, and of the best kinds; grape vine plants, and cuttings of various kinds; Forest trees and flowering shrubs, glass suitable for hot bed lights, and hot bed lights ready made and fit for use. He has also imported from London, a general assortment of the most celebrated works on botany, agriculture, gardening and natural history, with which, and every new work of merit on those subjects, he is determined to be constantly supplied. Orders attended to with punctuality and dispatch. Gardeners to be heard of as above. The printers of the Boston Chronicle , Salem Register , American Citizen , (N. Y.) Baltimore American , National Intelligencer , Norfolk Herald , Charleston City Gazette , and Lyon & Morse's Savannah (Geo.) paper, are requested to copy from the Aurora , an advertisement of Bernard M'Mahon, seedsman, and to insert it twice a week in their respective papers, to the amount of three dollars, which will be paid by Wm. Duane, to their order, or on the first opportunity. Nov 30—3t
Blackstone's Commentaries. With notes of reference, to the constitution and laws of the Federal Government of the United States, and of the commonwealth of Virginia, in five Volume, with an Appendix to each volume, containing short tracts upon such subjects as appeared necessary to form a connected view of the laws of Virginia, as a member of the Federal union, by St. GEORGE TUCKER, Professor of Law, in the university of William and Mary, and one of the judges of the General Court in Virginia. In conformity to the act of Congress of the United States, intitled, "An act for the encouragement of learning, by securing the copies of Maps, charts and books, to the authors and proprietors of such copies during the times therein mentioned;" and also to an act entitled, "An act supplementary to an act entitled, 'An act for the encouragement of learning, by securing the copies of Maps, Charts and Books, to the authors and proprietors of such copies during the times therein mentioned. And extending the benefits thereof to the arts of designing, engraving, and etching historical, and other prints.'" (L. S.) D. CALDWELL, Ck. of the District of Pennsylvania. The above work may be had at John March's book store, George Town, and of the booksellers in the city of Washington. November 23—3m
COLUMBIAN INN. GEORGE TOWN. THE Subscriber begs leave to solicit the patronage of his former friends and customers, and in order to make sure he still continues at the Columbian Inn—where he will be happy to have it in his power to accommodate them as usual. JOHN H. BARNEY. September 21. eptf
HENRY POLKINHORN, Saddler, Harness, Army Accoutrements, & Trunk-maker. Having taken his two nephews Wm. & Richard M. Hall, into partnership, The business in future will be conducted in this place under the firm of H. Polkinhorn and Wm. Hall, who have opened at the store lately occupied by Mr. Conner, (two doors from the bank of Columbia) a handsome assortment of articles in their line; and hope from attention to business to merit the favors of their friends and the public. The business will be continued as usual in Baltimore, (under the firm of H. Polkinhorn and R. Hall) where they have for sale a general assortment of Saddlery, wholesale and retail, which they are determined to sell on the lowest terms. George Town, Nov. 23—3m
NOTICE. ALL who are indebted to the estate of John Crookham deceased are requested to make immediate payment to, CHARLES GLOVER, Admr. George Town, Nov. 25—tf
THOMAS CARPENTER, TAYLOR. HAS just received an handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and greatest expedition. Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol. Oct. 14. tf
JUST RECEIVED, By the UNITED STATES , Capt. Finley from Liverpool, Fall Goods, viz. Brass Plate and wire fenders and irons, shovel and tongs, pokers, bellows, coal hods, bell metal kettles, brass-foo men, knives and forks, plated bridle bits and stirrups, with a variety of saddlery, brass ware, kitchen furniture, tools and building materials, &c. HENRY INGLE. Washington. Oct. 28—ep2m.
Ten Dollars Reward. STOLEN from the plantation near Upper Marlboro, on Saturday night the 29th October—an iron grey HORSE, about fourteen hands one inch high, seven years old, stout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been trained about the head and ears. Any person giving me information so that I get him again shall receive the above reward, and if brought home all reasonable charges paid by, BENJAMIN ODEN. November 21—tf
TO RENT AND immediate possession given, a two story frame HOUSE, in the city of Washington, on sq. 224, opposite to Robert Peacock's elegantly occupied by doctor Tibbs. Containing 3 rooms and a large pantry on the first floor, two on the 2d floor with garret rooms—Piazza and balcony to the fourth front, cellar and dry well, with an excellent garden—kitchen stable and carriage house, with every other conveniences fit for the reception of a genteel family—for further particulars, enquire at the store of Mr. Xoupi a few doors east of Rhodes's tavern, north F street. October 19. tf
Valuable Land for Sale. The executors of the last will and testament of Anthony Holmead deceased, will sell at private sale about forty acres of Land adjoining the city of Washington at the northern extremity of 20th street west. This land is generally allowed to be one of the handsomest situations near the city, having a beautiful prospect of nearly the whole of the city of Washington, Alexandria and George Town, and any person inclined to purchase this valuable property, will be shown the same, and know the terms by application to the subscriber near the premises. JOHN HOLMEAD. November 11—tf
FOR SALE. ABOUT 2000 acres of land on the East side of the Western Branch, and adjoining it, three miles from the city of Washington. Vessels drawing 12 feet water, may load at the landing, where there is a tolerable good fishery. Near 400 acres of this land is a rich bottom through which there are several streams of water, that turn a mill, erected on the land, and which might be used to advantage, in watering meadow—a part of the bottom is now in Timothy grass and the whole is capable of producing grass in abundance, and tobacco. There may be between five and six hundred acres in wood, the rest is cleared land. A part of the land adjoins a commodious brick dwelling house, with all convenient out-houses; and a large and handsome garden, but not in good repair, on the borders of the town of Bladensburg. This property, so convenient to the city of Washington, which affords a market for grain and all other productions of land, equal to any in the United States; is certain from its situation to rise in a few years, to a price several times as high as will now be taken for it, well deserves the attention of men of fortune. The whole land including the dwelling house and improvements, and mill, will be sold for 10 pound per acre. It is questionable whether the meadow ground, alone, is not worth all the money; it is certain, that it might easily be made to pay more than the annual interest of the whole purchase. BEN. STODDERT. George Town, Nov. 15—3w
PROPOSAL For carrying the United States mails on the following post roads will be received at the General post office in Washington city, until the 1st day of February next inclusive. 1. From Wilmington Delaware, by New Castle, St. George town, Cantwells bridge, Duck Creek, Dover and Frederica, to Milford, three times a week. May 1, to November 1. Leave Wilmington every Monday Wednesday and Friday at 11 a m. au, arrive at Dover the same days by 9 P. M. Leave Dover every Tuesday, Thursday and Saturday at 5 a m. and arrive at Milford by 10 a m. Returning—Leave Milford every Wednesday, Friday and Monday at 2 p m. and arrive at Dover by 8 p m. Leave Dover every Thursday, Saturday and Tuesday at 3 a m. and arrive at Wilmington by 2 p m. November 1, to May 1. Leave Wilmington every Monday, Wednesday and Friday at 6 a m. and arrive at Dover by 6 p m. Leave Dover every Tuesday, Thursday and Saturday at 6 a m. and arrive at Milford by 11 a m. Returning—Leave Milford every Wednesday, Friday and Monday at 1 p m. and arrive at Dover by 7 p m.
Leave Dover, every Thursday, Saturday and Tuesday at 6 a m. and arrive at Wilmington the same days by 6 p m. 2. From Milford by Georgetown, Trap, Snowhill, Horn town and Drummond, to Northampton c. h. once a week. Leave Milford every Tuesday at 2 p m and arrive at Georgetown by 6 p m and at Northampton c. h. the next Friday by 6 p m.—Returning—Leave Northampton c. h. every Saturday at 6 a m. and arrive at Georgetown on Monday by 8 p m. Leave Georgetown on Tuesday at 4 a m and arrive at Milford by 11 a m. 3. From Wilmington by Christian bridge, Middletown, Warwick, Sassafras and Georgetown, to Cheltenham Twice a week. Leave Wilmington every Tuesday and Friday at 5 a m and arrive at Cheltenham by 8 p m. Leave Cheltenham every Wednesday and Saturday at 5 a m and arrive at Wilmington by 8 p m. 4. From Cheltenham by Churchhill, Centreville, Queenstown and Kent Island to Annapolis twice a week. Leave Cheltenham every Wednesday and Saturday at 4 a m arrive at Centreville by 10 a m and arrive at Annapolis same days by 8 p m.—Returning—Leave Annapolis every Tuesday and Friday at 5 a m arrive at Centreville by 2 p m. Leave Centreville at 3 p m and arrive at Cheltenham by 8 p m. 5. From Centreville to Easton twice a week. Leave Centreville every Wednesday and Saturday at noon and arrive at Easton by 7 p m. Leave Easton every Tuesday and Friday at 6 a m and arrive at Centreville by 1 p m. 6. From Romney by Springfield, Frankfort and Crefapsburg to Cumberland once a week. Leave Romney every Tuesday at 6 a m, and arrive at Cumberland by 6 p m. Leave Cumberland every Monday at 6 a m, and arrive at Romney by 6 p m. 7. From Fauquier c. h. by Aquia to King George c. h. once in two weeks. George c. h. on Saturday by 6 p m. Leave King George c. h. every other Wednesday at 6 a m, and arrive at Fauquier c. h. on Thursday by 6 p m. 8. From Tappahannock to Richmond c. h. once a week. Leave Richmond c. h. every Thursday noon, and arrive at Tappahannock by 6 p m. Leave Tappahannock every Friday at 6 a m, and arrive at Richmond c. h. by noon. 9. From Inglesville by Tazewell c. h. or Jeffersonville, Russell c. h. and Lee c. h. to Cumberland Gap once in two weeks. Leave Inglesville every other Tuesday at 5 a m, and arrive at Cumberland Gap the next Saturday by 3 p m. Leave Cumberland Gap at 4 p m, and arrive at Inglesville the next Thursday by 6 p m. 10. From Suffolk by Everetts Bridge, Gues c. h. Edenton, Lee's Mills, Plymouth and Washington to Newbern twice a week. Leave Suffolk every Monday and Friday at 1 p m, and arrive at Edenton on Tuesday and Saturday at 1 p m. Leave Edenton at 2 p m, arrive at Plymouth on Wednesday and Sunday by 6 a m. Leave Plymouth at 6 12 a m. arrive at Washington the same days by 6 p m. Leave Washington at 7 p m, and arrive at Newbern on Thursday and Monday by 4 p m. Returning—Leave Newbern every Tuesday and Friday at 5 a m, arrive at Washington by 5 p m. Leave Washington at 6 p m, and arrive at Plymouth on Wednesday and Saturday by 4 p m. arrive at Edenton on Sunday and Thursday at 9 a m. Leave Edenton at 9 12 a m and arrive at Suffolk on Monday and Friday by 9 a m. 11. From Wilkesville by Speed and Wilson's shore, Walden's shore, Sterlingville and Normanton to Mount Tirzah once a week. Leave Wilkesville every Saturday at 10 a m and arrive at Mount Tirzah on Monday by 11 a m. Leave Mount Tirzah at 1 p m and arrive at Wilkesville on Tuesday by 6 p m. 12. From Wilkes c. h. to Ash c. h. in North Carolina once a week. Leave Wilkes c. h. every Monday at 6 a m and arrive at Ash c. h. by 6 p m. Leave Ash c. h. every Tuesday at 6 a m. and arrive at Wilkes c. h. by 6 p m. 13. From Fayetteville by M'Fallville, Windfieldville and Cheraw c. h. to Camden once a week. Leave Fayetteville every Tuesday at 6 a m and arrive at Camden on Thursday by 3 p m. Leave Camden every Friday at 6 a m and arrive at Fayetteville on Sunday by 8 p m. 14. From Jonesborough by River Bridge and New-Lebanon to N. W. River Bridge once a week. Leave Jonesborough every Tuesday at 6 a m and arrive at N. W. River Bridge on Wednesday by 3 p m. Leave N. W. River Bridge every Wednesday at 4 p m and arrive at Jonesborough on Thursday by noon. 15. From Jonesborough to Elizabethton in Tennessee once a week. Leave Jonesborough every Monday at 6 a m. and arrive at Elizabethton by 9 a m. Leave Elizabethton every Monday at noon, and arrive at Jonesborough by 4 p m. 16. From Knoxville to Burrville once a week. Leave Knoxville every Monday at 4 a. m. and arrive at Burrville by 11 a. m. Leave Burrville every Monday at 1 p. m. and arrive at Knoxville by 8. p. m. 17. From Nashville in Tennessee by Franklin, Occoquoppe, M'Intoshville to Grindstoneford once a week. Leave Nashville every Tuesday at 4 a. m. and arrive at Grindstoneford the next Monday by 8 p. m. Returning—Leave Grindstoneford every Tuesday at 4 a. m. and arrive at Nashville the next Monday by 8 p. m. 18. From Grindstoneford by Greenville, Hamilton, Washington, and Natchez, to Fort Adams, or Lotus Heights, once a week. Leave Grindstoneford every Tuesday at 4 a. m. and arrive at Natchez by 7 p. m. Leave Natchez on Wednesday at 8 a. m. and arrive at Fort Adams by 8 p. m. Returning—Leave Fort Adams every Sunday at 4 a. m. and arrive at Natchez by 7 p. m. Leave Natchez every Monday at 4 a. m. and arrive at Grindstoneford by 8 p. m. 19. From Charleston by St. George's and Orange c. h. to Columbia, once a week. Leave Columbia every Monday at 10 a. m. and arrive at Charleston on Thursday by 10 a. m. Leave Charleston every Thursday at 2 p. m. and arrive at Columbia on Sunday by noon. 20. From Washington by Burris's, Lexington, Athens, and Clarkburg to Jackson c. h. once a week. Leave Washington every Tuesday at 2 p. m. and arrive at Jackson c. h. on Wednesday by 6 p. m. Leave Jackson c. h. every Thursday at 6 a. m. and arrive at Washington on Friday by noon.
NOTES: 1. The Postmaster General may expedite the mails and alter the times of arrival and departure at any time during the continuance of the contracts, he stipulating an adequate compensation for any extra expense that may be occasioned thereby. 2. Fifteen minutes shall be allowed for opening and closing the mails at all offices, where no particular time is specified. 3. For every thirty minutes delay (unavoidable accidents excepted) in arriving after the time prescribed in any contract, the contractor shall forfeit one dollar; and if the delay continues until the departure of any descending mail, whereby the mails destined for such descending mails, lose a trip, an additional forfeiture of five dollars shall be incurred. 4. Newspapers as well as letters are to be sent in the mail; and if any person making proposals, desires to carry newspapers, other than those conveyed in the mail for his own emolument, he must state in his proposals, for what sum he will carry with the emolument, and for what sum without that emolument. 5. Should any person making proposals desire an alteration of the times of arrival and departure above specified, he must state in his proposals the alterations desired, and the difference they will make in the terms of the contract. 6. Persons making proposals are desired to state their prices by the year. Those who contract will receive their pay quarterly in the months of August, November, February and May, in one month after the expiration of each quarter. 7. No other than a free white person shall be employed to convey the mail. 8. Where the proposer intends to convey the mail in the body of a stage carriage, he is desired to state it in his proposals. 9. The Postmaster General reserves to himself the right of declaring any contract at an end whenever three failures happen which amount to the loss of a trip each. 10. The contracts for the above routes are to be in operation on the first day of April next, and are to continue in force for one year. GIDEON GRANGER, Postmaster General. General Post-Office, Wash g ton City, Nov. 23, 1803. S
Ellicott's Journal. Just opened and for sale by RAPINE, CONRAD, and Co. NEW JERSEY AVENUE.
The journal of Andrew Elliott, late commissioner on behalf of the United States, for determining the boundary between the United States and the possessions of his Catholic Majesty in America, containing occasional remarks on the situation, soil, rivers, natural productions, and diseases of the different countries on the Ohio, Mississippi, and Gulf of Mexico, with SIX MAPS, comprehending the Ohio, the Mississippi from the mouth of the Ohio to the Gulf of Mexico, the whole of West Florida, and part of East Florida To which is added an appendix containing astronomical observations, &c. Nov. 28.