The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-11-02 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. IV. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLXXIII.
FIVE DOLLS. PER ANN.
WEDNESDAY, NOVEMBER 2d, 1803.
PAID IN ADVANCE.
BY THE PRESIDENT OF THE United States of America, (A PROCLAMATION.)
WHEREAS a certain Treaty and two several Conventions between the UNITED STATES of AMERICA and the FRENCH REPUBLIC, were concluded and signed by the plenipotentiaries of the United States and the French Republic, duly and respectively authorized for that purpose, which Treaty and Conventions are, word for word, as follows: viz.
TREATY
BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC.
THE President of the United States of America, and the First Consul of the French Republic, in the name of the French people, desiring to remove all source of misunderstanding relative to objects of discussion mentioned in the second and fifth articles of the convention of the 8th Vendemiaire an. 9, (30th September, 1800) relative to the rights claimed by the United States, in virtue of the treaty concluded at Madrid the 27th of October, 1795, between his Catholic Majesty and the said United States, and willing to strengthen the union and friendship which at the time of the said convention was happily re-established between the two nations, have respectively named their plenipotentiaries, to wit: the President of the United States of America, by and with the advice and consent of the Senate of the said states, Robert R. Livingston, minister plenipotentiary of the United States, and James Monroe, minister plenipotentiary and envoy extraordinary of the said states, near the government of the French Republic; and the First Consul, in the name of the French people, citizen Francis Barbe Marbois, minister of the public treasury, who, after having respectively exchanged their full powers, have agreed to the following articles:
Article I. WHEREAS, by the article the third of the treaty concluded at St. Ildefonso, the 9th Vendemiaire, an. 9, (1st October, 1800,) between the First Consul of the French Republic and his Catholic Majesty, it was agreed as follows:
"His Catholic Majesty promises and engages on his part, to cede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein relative to his royal highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it; and such as it should be after the treaties subsequently entered into between Spain and other states."
And whereas, in pursuance of the treaty, and particularly of the third article, the French Republic has an incontestible title to the domain and to the possession of the said territory. The First Consul of the French Republic desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Republic, forever and in full sovereignty, the said territory with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic in virtue of the above-mentioned treaty, concluded with his Catholic Majesty.
Article II. In the cession made by the preceding article are included the adjacent islands belonging to Louisiana, all public lots and squares, vacant lands, and all public buildings, fortifications, barracks, and other edifices which are not private property. The archives, papers and documents, relative to the domain and sovereignty of Louisiana and its dependencies, will be left in the possession of the commissaries of the United States, and copies will be afterwards given in due form to the magistrates and municipal officers, of such of the said papers and documents as may be necessary to them.
Article III. The inhabitants of the ceded territory shall be incorporated in the union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Article IV. There shall be sent by the government of France a commissary to Louisiana, to the end that he do every act necessary, as well to receive from the officers of his Catholic Majesty the said country and its dependencies, in the name of the French Republic, if it has not been already done, as to transmit it in the name of the French Republic to the commissary or agent of the United States.
Article V. Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul's shall have been previously obtained, the commissary of the French Republic shall remit all the military posts of New Orleans, and other parts of the ceded territory, to the commissary or commissaries named by the President to take possession; the troops, whether of France or Spain, who may be there, shall cease to occupy any military post from the time of taking possession, and shall be embarked as soon as possible in the course of three months after the ratification of this treaty.
Article VI. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon.
Article VII. As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations for a limited time in the country ceded by the present treaty, until general arrangements relative to the commerce of both nations may be agreed on: it has been agreed between the contracting parties, that the French ships coming directly from France or any of her colonies, loaded only with the produce or manufactures of France or her said colonies; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the port of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France or Spain, or any of their colonies, without being subject to any other or greater duty on merchandise, or other or greater tonnage than those paid by the citizens of the United States.
During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded territory; the twelve years shall commence three months after the exchange of ratifications, if it shall take place in France, or three months after it shall have been notified at Paris to the French government, if it shall take place in the United States; it is however well understood that the object of the above article is to favor the manufactures, commerce, freight and navigation of France and of Spain, so far as relates to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make concerning the exportation of the produce and merchandise of the United States, or any right they may have to make such regulations.
Article VIII. In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favored nations in the ports above mentioned.
Article IX. The particular convention signed this day by the respective ministers, having for its object to provide for the payment of debts due to the citizens of the United States by the French Republic, prior to the 30th of September, 1800, (8th Vendemiaire, an. 9,) is approved, and to have its execution in the same manner as if it had been inserted in this present treaty, and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.
Another particular convention signed at the same date as the present treaty, relative to a definitive rule between the contracting parties, is in the like manner
approved, and will be ratified in the same form, and in the same time, and jointly.
Article X. The present treaty shall be ratified in good and due form, and the ratification shall be exchanged in the space of six months after the date of the signature by the ministers plenipotentiary, or sooner if possible.
IN FAITH WHEREOF, the respective plenipotentiaries have signed these articles in the French and English languages; declaring nevertheless that the present treaty was originally agreed to in the French language; and have thereunto put their seals.
Done at Paris, the tenth day of Floreal, in the eleventh year of the French Republic, and the 30th of April, 1803.
ROB. R. LIVINGSTON. L. S. BARBE MARBOIS, L. S. JAMES MONROE, L. S.
CONVENTION.
BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC.
THE President of the United States of America, and the First Consul of the French Republic, in the name of the French people, in consequence of the treaty of cession of Louisiana, which has been signed this day, wishing to regulate definitively every thing which has relation to the said cession, have authorized to this effect the plenipotentiaries, that is to say: the President of the United States has, by and with the advice and consent of the Senate of the said states, nominated for their plenipotentiaries, Robert R. Livingston, minister plenipotentiary of the United States, and James Monroe, minister plenipotentiary and envoy extraordinary of the said United States, near the government of the French Republic; and the First Consul of the French Republic, in the name of the French people, has named as plenipotentiary of the said Republic, the citizen Francis Barbe Marbois, who, in virtue of their full powers, which have been exchanged this day, have agreed to the following articles:
Article I. The government of the United States engages to pay to the French government, in the manner specified in the following article, the sum of sixty millions of francs, independent of the sum which shall be fixed by another convention for the payment of the debts due by France to citizens of the United States.
Article II. For the payment of the sum of sixty millions of francs, mentioned in the preceding article, the United States shall create a stock of eleven millions, two hundred and fifty thousand dollars, bearing an interest of six per cent. per annum, payable half yearly in London, Amsterdam, or Paris, amounting by the half-year to three hundred and thirty-seven thousand, five hundred dollars, according to the proportions which shall be determined by the French government to be paid at either place: the principal of the said stock to be reimbursed at the treasury of the United States, in annual payments of not less than three millions of dollars each; of which the first payment shall commence fifteen years after the date of the exchange of ratifications; this stock shall be transferred to the government of France, or to such person or persons as shall be authorized to receive it, in three months at most after the exchange of the ratification of this treaty, and after Louisiana shall be taken possession of in the name of the government of the United States.
It is farther agreed, that if the French government should be desirous of disposing of the said stock to receive the capital in Europe, at shorter terms, that its measures for that purpose shall be taken so as to favour, in the greatest degree possible, the credit of the United States, and to raise to the highest price the said stock.
Article III. It is agreed that the dollar of the United States, specified in the present convention, shall be fixed at five francs 3333-10000ths or five livres, eight sous tournois.
The present convention shall be ratified in good and due form, and the ratification shall be exchanged in the space of six months to date from this day, or sooner if possible.
IN FAITH OF WHICH, the respective plenipotentiaries have signed the above articles, both in the French and English languages, declaring, nevertheless, that the present treaty has been
originally agreed on and written in the French language; to which they have hereunto affixed their seals.
Done at Paris the tenth of Floreal, eleventh year of the French republic, (30th April, 1803.)
ROB. R. LIVINGSTON, L. S. BARBE MARBOIS, L. S. JAMES MONROE, L. S.
CONVENTION.
BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC.
THE President of the United States of America, and the First Consul of the French Republic, in the name of the French people, having by a treaty of this date terminated all difficulties relative to Louisiana, and established on a solid foundation the friendship which unites the two nations, and being desirous, in compliance with the second & fifth articles of the convention of the 8th Vendemiaire, ninth year of the French republic (30th September, 1800) to secure the payment of the sums due by France to the citizens of the United States, have respectively nominated as plenipotentiaries, that is to say: the President of the United States of America, by and with the advice and consent of their Senate, Robert R. Livingston, minister plenipotentiary, and James Monroe, minister plenipotentiary and envoy extraordinary of the said states, near the government of the French Republic; and the First Consul, in the name of the French people, the citizen Francis Barbe Marbois, minister of the public Treasury; who, after having exchanged their full powers, have agreed to the following articles.
Article I. The debts due by France to citizens of the United States, contracted before the 8th Vendemiaire, ninth year of the French republic (30th September, 1800) shall be paid according to the following regulations, with interest at six per cent. to commence from the period when the accounts and vouchers were presented to the French government.
Article II. The debts provided for by the preceding article are those whose refert is comprised in the conjectural note annexed to the present convention, and which, with the interest, cannot exceed the sum of twenty millions of francs. The claims comprised in the said note which fall within the exceptions of the following articles, shall not be admitted to the benefit of this provision.
Article III. The principal and interest of the said debts shall be discharged by the United States, by orders drawn by their minister plenipotentiary on their treasury; these orders shall be payable sixty days after the exchange of ratifications of the treaty and the conventions signed this day, and after possession shall be given of Louisiana by the commissaries of France to those of the United States.
Article IV. It is expressly agreed, that the preceding articles shall comprehend no debts but such as are due to citizens of the United States, who have been and are yet creditors of France, for supplies for embargoes and prizes made at sea, in which the appeal has been properly lodged within the time mentioned in the said convention, of the 8th Vendemiaire 9th year, (30th September, 1800.)
Article V. The preceding articles shall apply only, first, to captures of which the council of prizes shall have ordered restitution, it being well understood that the claimant cannot have recourse to the United States otherwise than he might have had to the government of the French republic, and only in case of the insufficiency of the captors; secondly, the debts mentioned in the said fifth article of the convention contracted before the 8th Vendemiaire, an. 9, (30th September, 1800) the payment of which has been heretofore claimed of the actual government of France, and for which the creditors have a right to the protection of the United States; the said fifth article does not comprehend prizes whose condemnation has been or shall be confirmed: it is the express intention of the contracting parties not to extend the benefit of the present convention to reclamations of American citizens, who shall have estab-
lished houses of commerce in France, England or other countries than the United States, in partnership with foreign reignters, and who by that reason and the nature of their commerce ought to be regarded as demiciliated in the places where such houses exist. All agreements and bargains concerning merchandise, which shall not be the property of American citizens, are equally excepted from the benefit of the said convention, saving, however, to such persons their claims in like manner as if this treaty had not been made.
Article VI. And that the different questions which may arise under the preceding article may be fairly investigated, the ministers plenipotentiary of the United States shall name three persons, who shall act from the present and provisionally, and who shall have full power to examine, without removing the documents, all the accounts of the different claims already liquidated by the bureau established for this purpose by the French republic, and to ascertain whether they belong to the classes designated by the present convention and the principles established in it; or if they are not in one of its exceptions and on their certificate, declaring that the debt is due to an American citizen or his representative, and that it existed before the 8th Vendemiaire, 9th year, (30th September, 1800) the creditor shall be entitled to an order on the Treasury of the United States in the manner prescribed by the third article.
Article VII. The same agents shall likewise have power, without removing the documents, to examine the claims which are prepared for verification, and to certify those which ought to be admitted by uniting the necessary qualifications, and not being comprised in the exceptions contained in the present convention.
Article VIII. The same agents shall likewise examine the claims which are not prepared for liquidation, and certify in writing those which in their judgment ought to be admitted to liquidation.
Article IX. In proportion as the debts mentioned in the these articles shall be admitted, they shall be discharged with interest at six per cent. by the treasury of the United States.
Article X. And that no debt which shall not have the qualifications above mentioned, and that no unjust or exorbitant demand may be admitted, the commercial agent of the United States at Paris, or such other agent as the minister plenipotentiary of the United States shall think proper to nominate, shall assist at the operations of the bureau, and co-operate in the examinations of the claims; and if this agent shall be of opinion that any debt is not completely proved, or if he shall judge that it is not comprised in the principles of the fifth article above mentioned, and if notwithstanding his opinion, the bureau established by the French government should think that it ought to be liquidated, he shall transmit his observations to the board established by the United States, who, without removing documents, shall make a complete examination of the debt and vouchers which support it, and report the result to the minister of the United States. The minister of the United States shall transmit his observations, in all such cases, to the minister of the Treasury of the French republic, on whose report the French government shall decide definitively in every case.
The rejection of any claim shall have no other effect than to exempt the United States from the payment of it, the French government reserving to itself the right to decide definitively on such claims so far as it concerns itself.
Article XI. Every necessary decision shall be made in the course of a year, to commence from the exchange of ratifications, and no reclamation shall be admitted afterwards.
Article XII. In case of claims for debts contracted by the government of France with citizens of the United States, since the 8th Vendemiaire, ninth year, (30th September, 1800) not being comprised in this convention, may be pursued, and the payment demanded in the same manner as if it had not been made.
Article XIII. The present convention shall be ratified in good and due form, and the ratifications shall be exchanged in six months from the date of the signature of the ministers plenipotentiary, or sooner if possible.
IN FAITH OF WHICH, the respective ministers plenipotentiary have signed the above articles both in the French and English languages, declaring nevertheless that the present treaty has been originally agreed on and writ-

ten in the French language; to which they have hereunto affixed their seals.
Done at Paris, the 10th of Floreal, 11th year of the French Republic, 30th April, 1803.
ROB. R. LIVINGSTON, L. S.
BARBE MARBOIS, L. S.
JAMES MONROE, L. S.
AND WHEREAS the said Treaty and Conventions have been duly ratified and confirmed by me, on the one part, with the advice and consent of the Senate, and by the First Consul of the French Republic, on the other, and the said ratifications were duly exchanged at the City of Washington on the twenty-first day of this present month of October:
NOW therefore to the end, that the said Treaty and Conventions may be observed and performed with good faith on the part of the United States, I have ordered 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 same Treaty and Conventions 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.
GIVEN at the City of Washington in the year of our Lord, one thousand eight hundred and three, and (L. S.) of the sovereignty and independence of the United States, the twenty-eighth.
TH: JEFFERSON. By the President, JAMES MADISON.
CONGRESS.
HOUSE OF REPRESENTATIVES.
MONDAY, October 24, 1803.
Call for papers.
(Continued.)
Mr. Smilie remembered that a subject of this nature had been brought before the house, in the first session of the fourth Congress. He thought it proper to refer to the proceedings on that occasion to learn the sentiments entertained at that day. At that day it had been argued by certain gentlemen that the right of passing or not passing the necessary laws for carrying a treaty into effect did not belong to that House; but that they were under an absolute obligation to pass them; that they had no discretion on the subject: This was a doctrine which he did not believe true. He then believed that they possessed the right, and still entertained the same opinion. To show the sentiments entertained in the case of the British treaty, he would recur to the journals of the House.
On the 24th of March 1796, the following motion was made:
"Resolved, That the President of the United States be requested to lay before this House, a copy of the instructions to the minister of the United States, who negotiated the treaty with the King of Great-Britain, (communicated by his message of the first instant) together with the correspondence and other documents relative to the said treaty, excepting such of the said papers as any existing negotiation may render improper to be disclosed."
This resolution was carried in the affirmative by Ayes and Noes, and among the Noes I observe, said Mr. Smilie, the name of the mover of this resolution. The resolution was carried by a large majority, and sent to the President. What was his opinion? Not that I approve it, or am governed by it; though it ought, in my opinion, to be a rule on this occasion to those who coincided with him. On the 30th of March the President communicated the following message to the House:
"Gentlemen of the House of Representatives,
"With the utmost attention I have considered your resolution of the twenty fourth instant, requesting me to lay before your House, a copy of the instructions, to the minister of the United States, who negotiated the treaty with the King of Great-Britain, together with the correspondence and other documents relative to that treaty, excepting such of the said papers, as any existing negotiation may render improper to be disclosed. In deliberating upon this subject, it was impossible for me to lose sight of the principle, which some have avowed in its discussion, or to avoid extending my views to the consequences which must flow from the admission of that principle.
"I trust that no part of my conduct has ever indicated a disposition to withhold any information which the constitution has enjoined upon the President as a duty to give, or which could be
required of him by either House of Congress as a right; and with truth I affirm, that it has been, as it will continue to be while I have the honour to preside in the government my constant endeavour to harmonize with the other branches thereof; so far as the trust delegated to me by the people of the United States, and my sense of the obligation it imposes, to preserve, protect and defend the constitution, will permit.
"The nature of foreign negotiations requires caution; and their success must often depend on secrecy: and even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions which may have been proposed or contemplated, would be extremely impolitic: for this might have a pernicious influence on future negotiations, or produce immediate inconveniences; perhaps danger and mischief, in relation to other powers. The necessity of such caution and secrecy was one cogent reason for vesting the power of making treaties in the President, with the advice and consent of the Senate; the principle on which that body was formed confining it to a small number of members. To admit then a right in the House of Representatives, to demand and to have as a matter of course, all the papers, respecting a negotiation, with a foreign power, would be to establish a dangerous precedent.
"It does not occur, that the inspection of the papers asked for, can be relative to any purpose under the cognizance of the House of Representatives, except that of an impeachment; which the resolution has not expressed. I repeat that I have no disposition to withhold any information which the duty of my station will permit, or the public good shall require to be disclosed; and in fact all the papers affecting the negotiation with Great Britain were laid before the Senate, when the treaty itself was communicated for their consideration and advice.
"The course which the debate has taken, on the resolution of the House, leads to some observations on the mode of making treaties under the constitution of the United States.
"Having been a member of the general convention, and knowing the principles on which the constitution was formed, I have ever entertained but one opinion on this subject; and from the first establishment of the government to this moment, my conduct has exemplified that opinion, that the power of making treaties is exclusively vested in the President, by and with the advice and consent of the Senate, provided that two thirds of the Senators present concur; and that every treaty so made, and promulgated, thenceforward becomes the law of the land. It is thus that the treaty making power has been understood by foreign nations; and in all the treaties, made with them, we have declared and they have believed, that when ratified by the President, with the advice and consent of the Senate, they became obligatory. In this construction of the constitution, every House of Representatives has heretofore acquiesced, and until the present time, not a doubt or suspicion has appeared to my knowledge, that this construction was not the true one. Nay, they have more than acquiesced; for till now, without controverting the obligation of such treaties, they have made all the requisite provisions for carrying them into effect.
"There is also reason to believe, that this construction agrees with the opinions entertained by the state conventions, when they were deliberating on the constitution, especially by those who objected to it, because there was not required, in commercial treaties the consent of two thirds of the whole number of the members of the Senate, instead of two thirds of the Senators present, and because in treaties respecting territorial and certain other rights and claims, the concurrence of three fourths of the whole number of the members of both houses respectively, was not made necessary, is a fact declared by the general convention, and universally understood, that the constitution of the United States was the result of a spirit of amity and mutual concession. And it is well known that under this influence the smaller states were admitted to an equal representation in the Senate, with the larger states, and that this branch of the government was invested with great powers, for on the equal participation of those powers, the sovereignty and political safety of the smaller states were deemed essentially to depend.
"If other proofs than these, and the plain letter of the constitution itself, be necessary to ascertain the point under consideration, they may be found in the journals of the general convention, which I have deposited in the office of the department of state. In those journals it will appear that a proposition was made, that no treaty should be binding on the United States which was not ratified by a law: and that the proposition was explicitly rejected.
"As, therefore, it is perfectly clear to my understanding, that the assent of the House of Representatives is not necessary to the validity of a treaty, as the treaty with Great-Britain exhibits in itself all the objects requiring legislative
provision, and on these the papers called for can throw no light, and as it is essential to the due administration of the government, that the boundaries fixed by the constitution between the different departments should be preserved: a just regard to the constitution and to the duty of my office, under all the circumstances of this case, forbid a compliance with your request.
GEO. WASHINGTON."
United States, March 30th, 1796.
Mr. Smilie concluded by saying he perceived no necessity for the papers desired by gentlemen, and should, therefore, vote against the motion.
Mr. RANDOLPH laid if the gentleman from Connecticut would confine his motion to the Treaty of St. Ildefonso, he should be ready to acquiesce in it, though he did not believe that Instrument would throw any new light on the subject.
Mr. GREEE said his with was that the resolution should be divided; and that the treaty of St. Ildefonso only should be requested. It had been conceded that it might be of some use in ascertaining the limits of the cession. To the other members of the resolution he was opposed. He, therefore, moved a division of the question.
Mr. GRISWOLD remarked that it would be more orderly to move the striking out the last paragraph.
Mr. SANFORD did not rise to say, with his colleague, Mr. (Lyon), that the resolution offered by the gentleman from Connecticut was indecent, but to say, that, in his opinion, it was altogether unnecessary. It appeared to be a fact well understood in the United States, that Louisiana did, before the late Convention, belong to France. The fact was recognised in the treaty. If this fact be acknowledged, what remains for us to do, but to pass the necessary laws for carrying into operation the convention concluded on the 30th of April. Though there might be no official information to that effect, he was correct in saying possession of the country had been given to France by Spain. What then can be necessary on our part to obtain possession other than the passage of the necessary laws to carry the treaty into effect?
Mr. ELLIOTT was opposed to every part of the call on the Executive for papers. He had a variety of objections to this request, with the mention of all of which he should not however trouble the House. His great objection was that the call was premature, and this appeared, in his opinion, clearly appeared even from the showing of the honorable gentleman from Connecticut (Mr. Griswold) and his honorable colleague (Mr. Goddard). To their brilliant talents he was disposed to pay the highest homage. The first gentleman was not only ingenious and indefatigable, but likewise thoughtful and profound. He had already been frequently delighted with his eloquence and instructed by his intelligence. The remarks also of his colleague were ingenious and worthy of attention. But still he thought them premature. For what purpose was this call made? The gentleman says his attention is called to the subject by the President informing us in his Message that it is necessary for us to pass temporary laws, and that thence it becomes desirable to learn whether we have acquired either new territory or new subjects. Mr. Elliott was clearly of opinion that as yet we had not, though, in a short time, if the treaty were carried into effect, we shall acquire them. The difficulties stated by the gentleman, the least investigation will show to be imaginary. Young as I am, said Mr. Elliott, and little conversant in diplomatic knowledge I believe the views I shall exhibit will be as clear as those of the gentleman. The Message of the President, at the opening of the session, announces that "the enlightened government of France saw, with just discernment, the importance to both nations of such liberal arrangements as might best and permanently promote the peace, friendship and interests of both & and the property and sovereignty of Louisiana, which had been restored to them, has, on certain conditions, been transferred to the United States by instruments bearing date the 30th of April"—The President then informs us that "when these shall have received the constitutional sanction of the Senate, they will, without delay, be communicated to the Representatives also, for the exercise of their functions as to those conditions which are within the powers vested by the Constitution in Congress"—The Message goes further and informs us, not in the phraseology of the gentleman from Connecticut, that we have acquired new subjects, but that if the treaty shall receive the constitutional sanction of the Senate and House of Representatives, we shall gain an acquisition, not of subjects, but of citizens—"with the wisdom of Congress, says the President, it will rest to take those ulterior measures which may be necessary for the immediate occupation and temporary government of the country; for its incorporation into our union; for rendering the change of government a blessing to our newly adopted brethren"—
Whether we acquire this territory and these citizens is consequential on the constitutional ratification of the treaty.
But it is said that our title to Louisiana is deducible from the 1st article of the treaty, and that that article only contains a promise; and it is triumphantly asked whether the people of the United States will be satisfied with paying fifteen millions for a mere promise [Mr. Elliott here quoted the 1st. article of the treaty.] I acknowledge, said he, that this is only an assertion by France of her incontestible title, and an assurance that on certain terms she will convey this title to the United States. But, according to the treaty and Convention, an agent is to be appointed by France, who is to deliver up the possession before we pay the fifteen millions. But say gentlemen, though this may be done, Spain may not abandon her title to the province. No such consequence, however, can result. The convention that follows the treaty contains a stipulation, that the stock created shall not be delivered until "after Louisiana shall be taken possession of in the name of the government of the United States." So that taking the treaty and the convention together there can result none of the inconveniences apprehended. A treaty has been made between the First Consul and the United States, by which the First Consul has transferred to us the domain and jurisdiction of Louisiana. In the treaty it is stipulated that a commissary shall be sent to receive the country from the court of Madrid and to give us possession. If these two articles be carried into effect, and they must be to make the treaty binding, we must obtain not only the actual but also the legal possession. It is incumbent, therefore, on us to do every thing, necessary on our part, to realise the possession.
Mr. THATCHER said though the gentleman, who had just set down, had acquitted himself handsomely, he had neither convinced him that the resolution of the gentleman from Connecticut was ill-founded or unnecessary. As they were, in the capacity of a legislative body, called upon to pass laws for new territory and new citizens, it was, according to his understanding, necessary, in the first instance, to learn that they had acquired new territory & new citizens. The title to Louisiana, as derived to France from Spain, was stated in the first article of the treaty. [Here Mr. T. read the first article.] By this it appears that another treaty had been formed between France and Spain. It was admitted that the province had belonged to Spain; and to her it must still belong unless France has performed certain stipulations agreed to as the price of the cession. The object of the mover is to obtain this treaty, & to learn whether France has performed these stipulations.
Gentlemen objecting to this resolution, have taken different grounds. Some oppose it as inconsistent with the sentiments that prevailed in the case of the British treaty: others, because it is premature, and others, because it is unnecessary. He did not expect the first objection from any member on that floor; much less did he expect it from the quarter in which it originated. The advocates of the motion were charged with inconsistency. He was not a member of the House at the time of the British treaty; but on referring to the journal, it would be perceived that the object of gentlemen who then called for papers was to go into the merits of the British treaty. It would not be denied that the ground then taken by gentlemen on the other side was that the House had a right to examine the merits of the treaty, and to the assertion of that right, it was that the President answered. We now say that it is not necessary for us to act in our legislative capacity, intending, if it shall appear to be necessary, not to withhold acting. Mr. T. therefore conceived that they exhibited no inconsistency, as they did not purpose at this time to go into the merits of the treaty, and as they acknowledged the treaty, if constitutionally made, to be binding. But they wanted information on subjects of legislation.
It has been said that the newspapers inform us of the order of Spain to deliver Louisiana to France. But they were not to be guided by newspaper accounts. We desire to know from an authentic source whether the stipulations entered into by France have been executed. By the first article of the treaty it appears that "His Catholic majesty promises and engages on his part, to cede to the French republic, six months after the full and entire execution of the conditions and stipulations herein, relative to his royal highness the duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it; and such as it should be after the treaties subsequently entered into between Spain and other states." This article goes to say that Spain may have altered the boundaries of Louisiana differently from what they were when France before possessed it. And for what we know, she has done so. Hence the importance of seeing the papers asked for. If we obtain the bare possession,
it is one thing; the legal possession is another thing. It is one thing to govern the colony with a corps of civilians, and another and a different thing to govern it with an army. The president may, perhaps, have considered it a good bargain to obtain, for the payment of fifteen millions, the mere quit claim of France to the province. At any rate it is proper that we should act with our eyes open; and therefore, the importance of having a copy of the treaty entered into between the governments of Spain and France, or evidence that Spain has acquiesced in the cession to the United States.
Mr. NICHOLSON was extremely glad to find that gentlemen on the other side of the House had at length abandoned the ground which they had taken some years ago. He was rejoiced that they were now willing to acknowledge, what they had heretofore most strenuously denied, that the House of Representatives had a constitutional right, not only to call for papers, but to use their discretion in carrying any treaty into effect. That this must now be their impression was evident, or their conduct was surely unaccountable. Why else do they call for papers, why enquire into our title to the province of Louisiana? If the doctrine of a former day was still to be adhered to, why urge this enquiry? If gentlemen are consistent with themselves, if they have not forgot the lessons which they inculcated upon the ratification of the British treaty, this House has no right to call for papers, no right to make enquiry, no right to deliberate, but must carry this treaty into effect, be it good or bad; must vote for all the necessary measures, whether they are calculated to promote the interests of the United States or not. The doctrines of old times, however, are now given up, the ground formerly taken is abandoned.—We shall no longer hear that the Executive is omnipotent, and that the Representatives of the people are bound to vote, blindfolded, for carrying into effect all treaties which the President and the Senate may think proper to make and ratify. He thanked the gentlemen for the admission, and hoped that the country would profit by it hereafter.
He was happy to say that this was not now, nor ever was, the doctrine of himself and his friends. They meant to deliberate, they meant to use their discretion in voting away the treasure of the nation. He agreed with gentlemen, that if a majority of the House entertained any doubt as to the validity of the title we have acquired, they ought to call for papers, and he had no doubt, if there was any dissatisfaction they would call. He himself should have no objection to vote for the resolution if it was confined to proper objects, not indeed to satisfy himself, for he was already fully satisfied, but to satisfy other gentlemen; to satisfy the American people, that the insinuations thrown out about the title, are totally without foundation. The resolution in its present shape, however, was highly improper—it looked to extrinsic circumstances, and contemplated an enquiry into subjects totally unconnected with the treaty with France. What, said Mr. N. has Spain to do in this business? Gentlemen ask if she has acquiesced in our purchase, and call for her correspondence with our government. What is the acquiescence of Spain to us? If the House is satisfied from the information laid on the table, that Spain had ceded Louisiana to France, and that France had since ceded it to the United States, what more do they require?—Are we not an independent nation? Have we not a right to make treaties for ourselves without asking leave of Spain? What is it to us whether she acquiesces or not? She has no party to the treaty of cession, she has no claim to the ceded territory. Are we to pause till Spain thinks proper to consent, or are we to enquire, whether like a cross child, she has thrown away her rattle, and cries for it afterwards?
The treaty itself, he said, and the conventions attached to it, furnished all the necessary information. By reference to the treaty it would be found, that Louisiana is ceded to the United States with the same boundaries that it had before been ceded with by Spain to France; and that France had obliged herself to send a commissary to New Orleans to receive the possession from Spain and to transfer it to us. For this the United States were to pay fifteen millions of dollars to the French government. But how and when? Not immediately; not till we had actually acquired the possession. And if France shall fail to put us into actual possession, the United States are not bound to pay a single dollar. So that the call for papers can be of no possible use. Suppose these papers should show that Spain had not acquiesced, what is this to us? Is her pleasure to be a law to the United States?
With regard to the treaty of St. Ildefonso, Mr. N. said, he should have no objection to its being laid before the House, if it was in the possession of the Executive. In all probability, however, this was not the case, as it was known to be a secret treaty on other subjects of great importance between France and Spain. As to the deed of cession spoken

of he really did not understand what was meant, for he imagined it was not expected a formal deed of bargain and sale had been executed between two civilized nations, who negotiated by means of ambassadors. If there were any other papers which could give gentlemen more information, he had no objection either, that these should be laid before them. Not indeed for his own satisfaction, but for that of those who were not already satisfied, if there were any of that description. One very important paper he knew from high authority, was certainly in existence, and possibly might be in the power of the Executive. This was a formal order under the royal signature of Spain, commanding the Spanish officer at Orleans to deliver the province to the French prefect, which he considered equal, perhaps superior, to any deed of cession; for it was equal to an express recognition on the part of Spain, that France had performed all the conditions referred to in the treaty of St. Ildefonso. It was an acknowledgment that Spain had no further claims upon Louisiana, and would show that any interference on her part ought to have no influence on the American government.
The call for the correspondence between the government of Spain and that of the United States, if there was any such, he should not assent to, as it could be of no possible importance. The acquiescence or the refusal of Spain, could have no weight on the question, whether we should take possession or not. Any interference on her part would be idle and extravagant. We might as well ask, whether the cession had received the approbation of Great Britain, of Russia, or even of the Dey of Algiers himself, for they each had as good a right to interpose as Spain had, either of them having full as good a title to Louisiana. To those parts of the resolution which pointed at the objects he had mentioned, he should have no objection, but he never would consent to call on the Executive to say, whether Spain, Great Britain, or any other nation was satisfied with a treaty made between the United States and the French government.
MILLENERY. MADAME PIC, returns her thanks to the ladies and gentlemen who have honored her with their custom, and informs them that she has just received an elegant assortment of Millinery goods which will be opened and ready for sale on Friday next, consisting of Dressed and half-dressed caps—lace do. Puff hats—velvet bonnets à la Bonaparte, New fashioned wigs and frizettes, Flat ostrich feathers, white and colored, do. black, New Chemille and bead bandset, gold and silver do. Gold and silver lace, Embroidered gold and silver trimmings, Silk and Chemille. Satin and crapes for dresses, white and colored, Ladies and gentlemen's silk stockings, white, colored and black, Velvet spanish mantoes Velvet slippers, muffs and tippets, Silk great coats, Leghorn, white, and white chip hats and bonnets, Artificial flowers and shoes, &c. November 2—3t
THEO. HOLT, HAS received from Europe and for sale, fine mixed tups—double Dutch Hyacinths, separate colors in good order for glasses, Pots 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
Wants a Place WITH a gentleman or in a family, a young Man who has been accustomed to the care of horses and driving a carriage, a line left at the Office of this paper will be duly attended to. October 2—7t
NOTICE is hereby given that in consequence of the acts of the corporation entitled "An act increasing a new assessment of property and an enumeration of the inhabitants of the city," and an act, entitled "An act supplementary to the act, directing a new assessment of property, and an enumeration of the inhabitants of the city." An election will be held in each ward of the city of Washington, by the judges of the late election of members of the City Council, on the first Monday of November next, from eight o'clock in the morning, till seven in the evening, (at the usual places where the polls have been heretofore held for the choice of the City Council) for the appointment of a citizen in each ward as a member of the Board of Appeal in contested valuations of property under the beforementioned acts. ROBERT BRENT, Mayor. October 26th, 1803—2t
LOST, A few days ago between George Town and the Capitol, an officer's PLUME of RED FEATHERS. Whoever has found the same shall be rewarded, on delivering it at the Marine Barracks, or at Mrs. Scott's house near the seven buildings. October 2—3t
WASHINGTON CITY. WEDNESDAY, NOVEMBER 2. Delaware Representation in Congress. When Delaware her Census tried, And found she had so few; Our Rodney we will send, she cried, For he's as good as two!
On Monday the Senate resolved to wear crape for STEVENS THOMPSON MASON, a Senator, deceased. They also came to a resolution to wear crape for SAMUEL ADAMS and EDMUND PENDLETON. This last measure was not adopted without debate. Messrs. Pickering, Hillhouse, Adams, Dayton and Tracey opposed it on the ground of the precedent it would furnish. It was supported by Messrs. Breckinridge, Nicholas, Wright, Jackson, S. Smith and Butler. The opponents of the motion required the taking of the Yeas and Nays, which were Yeas 21—Nays 10.
In the Yeas and Nays, on the amendment to the Constitution, respecting the Election of President, Mr. Thomas Moore's name is omitted. It should have been among those in the affirmative. A letter from Trenton, New Jersey, says, gen. Bloomfield is chosen governor of this state, by a majority of 16 in a joint vote of the two houses. The votes were 33 to 17.
MR. PENDLETON went young into the Virginia Assembly, and survived every member of the Assembly to which he was elected. He was never out of public service from the 23d year of his age to his death, being 62 years. He served in the 1st and 2d Congress, and was then appointed President of the courts of chancery and appeals, and died in the latter office, having attended court for the purpose of delivering his opinions in several great causes, argued at the preceding term, and studied by him laboriously in the vacation, after this, it was his intention to have resigned. He never regarded wealth, and did not die rich. He died in the 85th year of his age.
Extract of a letter from a gentleman of Richmond to a member of Congress, dated the 28th ult. This day about 4 o'clock P. M. the venerable president of our court of appeals departed this life. Another patriot of '76 is gone! but the remembrance of his virtues, his talents, his services, the mildness of his disposition, and the unexampled dignity of his deportment, will long be cherished by his fellow citizens in Virginia—and the Congress of the United States, who have testified their respect for the memory of Samuel Adams, will unite with us, in a public expression of regret, for the death of Edmund Pendleton, who devoted the last forty years, and even the last day of his life, to the service of his country.
Yesterday Mr. Pendleton took his seat on the bench. His intention was, to deliver a very long and elaborate decree which he had prepared in an important cause; but finding himself unequal to the task, he said, that he was obliged to solicit the aid of a brother judge, whose voice could be heard. Immediately after the decree was pronounced he retired, bowing to the court and bar, with his accustomed politeness and dignity of manners. I followed him to his carriage, without discovering any extraordinary symptoms, which would justify an apprehension of the event which was so speedily to occur. From what I can learn, no extraordinary symptoms did appear at any time. He dined with the governor, conversed cheerfully, sat his usual time, went home, laid down and died, without any apparent struggle either of mind or body.
A spectacle more interesting than that which I contemplated yesterday, was never presented in the shape of human being. There was a serenity in his countenance, which produced in my mind a sentiment of veneration and awe, that chilled me. His great age, his broken limbs, his emaciated person, his pallid face, his talents, his virtues, his services, altogether, made an impression on my feelings of which I can give you no adequate idea, but which no time will erase. "I told you that he was cheerful at the governors—judge whether he was not in as full possession of his understanding as of his spirits. The gentleman who took off his cloak, observed that he still retained his old companion of '76. Yes, said he, my cloak is like its master; it continues in service long after it is worn out." Another gentleman in the course of conversation noticed Lord Chatham's quotation from the Padlock, in speaking of the conduct of Great Britain to the colonies, "Be to their faults a little blind, Be to their virtues very kind"
But said, Mr. P. (who had before taken no part in the discussion) Lord C. took care not to repeat the next line of the song "And let all their ways be unconfined"; for he was decidedly of opinion, notwithstanding his zeal in our behalf, that we should not have the privilege of making even a hob nail for ourselves."
New York October 27. The fast sailing ship Triton, captain Carberry, arrived at this port last evening in 33 days from Liverpool. She left there on the 20th September, and capt. Carberry obligingly favored the editor of the Mercantile Advertiser with London papers to the 18th, and Liverpool papers to the 19th. They afforded very little intelligence.
Prince William of Gloucester has been appointed to the chief command of a certain district comprising four counties, and has fixed his head quarters at the St. Domingo house in Liverpool where he arrived on the 10th September.
A considerable armament had failed from the British ports on a secret expedition, supposed to make a descent on the coast of France.
By accounts from Madrid, said to be of unquestionable authority, dated the 13th of August, we are assured that Spain has purchased her neutrality during the present war for six millions of livres per month, or three millions sterling a year; and Portugal has also purchased her neutrality for three millions of livres per month, or one million and a half sterling a year. Thus, Bonaparte has extorted from Spain and Portugal four millions and a half sterling, to support him in the prosecution of the war. Bonaparte, with this additional sum of four millions and a half sterling, applicable to his warlike operations, becomes to Great Britain, much more formidable than when attempting to contend against her with empty coffers.
A report is in circulation in London on the 16th September, that the French have actually seized upon Hamburg; a step which they pretend to justify in consequence of the military preparations making by Denmark in the Duchy of Holstein.
Foreign News —Irish papers to the 22d ult. have been received by the ship Susan, capt. O'Connor from Dublin—but their contents are unimportant.
Admiral Bruix has been appointed commander in chief of all the national flotilla or gun boats, built or building in France.
All seamen fit for service had been directed to appear at the office of the military conscription at Cherbourg, to receive orders to be ready to embark with arms and baggage at an hour's notice. A similar measure had been adopted in all the other boats. An embargo had been laid on all fishing boats above 7 tons burden, and the fishermen above a certain age were to be sent on board the national flotilla. A Danish army of 30,000 men had been assembled at Holstein: a measure so evasive of jealousy, had given great umbrage to the French. Denmark, it was furnished, has been countenanced by Russia in this measure.
By London dates of the 16th, we find that the French had made an experiment on a small scale of the practicability of sending out their gun boats. On the evening of the 14th September a flotilla of gun boats left Boulogne, and got safe into Calais; it was supposed, that when they could get an opportunity they would proceed to Dunkirk.
Ireland is still the scene of arrests, trials & executions. Gen. Ruffel was apprehended in a house in Parliament-street—upon information communicated to Major Sur, he went to where this person was said to be concealed. In a few minutes Ruffel was discovered in an upper room, and in his defence—drew a pistol from his breast, which, however, he did not nor could not fire. The Major, with great intrepidity, secured his prisoner, and he was safely lodged in the castle. Ruffel after his arrest expressed himself with great boldness and confidence, talked of the cause in which he was embarked, and declared his readiness to support it in the field or on the scaffold.
Robert Emmet, Esq. was tried and found guilty of high treason, Sept. 19th, at which time he also received sentence of death. Thos. Castle and Joseph Doran, have been apprehended on a charge of high treason. Sentence of death has been passed on John Killen and M c Can. Hays and Lelly were executed in Thomas-street. Sept. 17th, Donelly and Farrel, were executed at Palmers town.
NOTICE. THIS is to give notice, that the subscriber of Washington City, hath obtained from the Orphan's court of Washington county in the District of Columbia, letters of administration on the personal estate of Redmond Barry, late of said city and county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber at or before the 15th day of May next, they may otherwise by law be excluded from all benefit of the said estate—given under my hand this 31st day of October, 1803. JOHANNA BARRY, administratrix. Nov. 2—1aw4w
CONGRESS. HOUSE OF REPRESENTATIVES. MONDAY, October 31st, 1803.
A Message was received from the Senate, stating that they had receded from their disagreement to the amendments of the House to the act "to enable the President of the United States to take possession of the territories ceded by France to the United States by the treaty concluded at Paris, on the thirtieth of April last, and for the temporary government thereof."
Mr. EPPES, from the joint committee of enrolment, reported that the committee had examined the above bill, and had found the same to be duly enrolled; whereupon Mr. Speaker signed the same.
Mr. MITCHELL, from the committee of commerce and manufactures, reported a bill against the petition of Stephen Kingston.
The report was taken up.
Mr. J. CLAY opposed it on the ground of facts not stated in the report.
Mr. GRISWOLD moved to recommit it for the purpose of ascertaining the facts.
Mr. DANA & Mr. CLAY supported, and Mr. MITCHELL opposed the recommitment.
Recommitment carried.
Mr. RANDOLPH moved a resolution for affording relief to the owners of the Danish Brigantine Henrique.
Referred, together with the report of the Secretary of State on the same case, to the committee of claims.
On motion of Mr. EARLY, the resolution, laid on the table by Mr. RODNEY for the extinguishment of State balances, was postponed till the 1st Monday of December, to allow time for the representation of New Jersey in the House.
TUESDAY, November 1st.
The House took up the report of a select committee on the standing rules of the House, recommending the adoption of the rules of the last Congress, and concurred therein.
Mr. JACKSON moved a resolution for making provision by law for the application of one-twentieth part of the net proceeds of land within the State of Ohio sold or to be sold by Congress, to the laying out and making public roads in conformity to an act of the last session.
Referred to a committee of the whole to-morrow.
The House went into a committee of the whole—Mr. J. G. Smith in the chair—on the bill making an appropriation for carrying into effect the 7th article of the British treaty.
The bill appropriates 50,000 dollars for the payment of awards against the United States.
The committee reported the bill without amendment.
The House postponed the further consideration of the bill till to-morrow.
Mr. NICHOLSON offered a resolution for the appointment of a committee to enquire whether any additional provisions are necessary in the act prescribing the mode in which the public acts, records and judicial proceedings of one State shall be authenticated, so as to take effect in every other State.
Agreed to and a committee appointed.
M c DAWSON said he had last session submitted two resolutions respecting post roads, which had not been acted upon. He therefore renewed them, in substance as follows:
1. Resolved, That provision ought to be made by law for the establishment of post roads throughout the U. States.
2. Resolved, That whatever money received from the post office shall remain, after defraying the expenses of the same, be appropriated to the fixing and improvement of the post roads.
Referred to a committee of the whole, and made the order for Monday.
The committee of claims made a report against the petition of Amy Darden.
Referred to a committee of the whole, on Friday.
Dancing School. THE subscriber respectfully, informs the Ladies and Gentlemen of Washington, that he has opened his Dancing School the 20th of this month, at his own residence 2 or 3 doors below Rhodes's Hotel, in a very spacious and convenient room: any person desirous of being instructed in the different branches of that art, will (in making application, at the subscriber's Dancing School) be informed of all the necessary particulars, his school is always open at 11 o'clock in the morning for young ladies and at 7 in the evening for gentlemen on Mondays, Wednesdays, and Fridays. XAUPI. Washington, Oct 22.—2aw2w
FOR SALE, For a term of 5 years, A LIKELY young and healthy NEGRO MAN, about 23 years of age for sale by—ROBERT M c CLAN. Washington May 25. tf.
(By Authority.) AN ACT To enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth of April last, and for the temporary government thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That the President of the United States be, and he is hereby authorised to take possession of, and occupy the territory ceded by France to the United States, by the treaty concluded at Paris on the thirtieth day of April last, between the two nations; and that he may for that purpose, and in order to maintain in the said territories the authority of the United States, employ any part of the army and navy of the United States, and of the force authorised by an act passed the third day of March last, entitled "an act directing a detachment from the militia of the United States, and for erecting certain arsenals," which he may deem necessary, and so much of the sum appropriated by the said act as may be necessary is hereby appropriated for the purpose of carrying this act into effect; to be applied under the direction of the President of the United States. Sec. 2. And be it further enacted, that until the expiration of the present session of Congress unless provision for the temporary government of the said territories be sooner made by Congress, all the military, civil, and judicial powers, exercised by the officers of the existing government of the same, shall be vested in such person and persons, and shall be exercised in such manner as the President of the United States shall direct, for maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion. NATHL MACON, Speaker of the House of Representatives. JOHN BROWN, President of the Senate pro-tempore. October 31, 1803. APPROVED, TH: JEFFERSON.
General Washington. JOHN MARCH, Respectfully informs the public that he is appointed to receive subscriptions for the Life of General Washington, by Mr. G. P. Wayne, the Proprietor of the Copy-right. Proposals may be seen at John March's Store, George-Town. Nov. 2.—3t
On the Petition of ROBERT ELLIS, AN Involvent Debtor, confined in the prison of Washington county for debt, notice is hereby given to the creditors of the said Robert Ellis, that on Saturday the 5th of November instant at the court-house in the Capitol at 10 o'clock A. M. the oath of an involvent debtor will be administered to the said Robert Ellis agreeably to the law in such case lately made and provided; and a trustee appointed, unless sufficient cause be shown to the contrary. It is ordered that this notice be published twice in the Washington Federalist and National Intelligencer before the said 5th of November. By order of William Cranch, Esq. URIAH FORREST, Clerk. November 1. 2t
WILL be sold, conformably to an order from the Orphans court of Charles county, at public sale, on Saturday the 19th day of November next, at the house of Eliza Jones's near Broad Creek, sundry NEGROES—to wit—one negro woman and her three children. The woman is about 35 years of age, she is healthy and accustomed to plantation work—her children two girls and a boy, are between the ages of four and thirteen. They will be sold for ready money by EDWARD JONES, jun. adm. of Alexius Jones deceased. October 28—2taw
In the case of JAMES McDONALD, (A Bankrupt.) WHEREAS a Commission of Bankruptcy founded upon the act of Congress of the United States, passed on the fourth day of April, 1800, entitled "an act to establish an uniform system of Bankruptcy throughout the United States" has been awarded and issued against James McDonald of Washington County, in the District of Columbia, dealer and chapman, and he has been declared a bankrupt. He is hereby required to surrender himself to the Commissioners in the said commission named, or the majority of them on the eleventh, and twenty-fifth days of November, and on the ninth day December next, at five o'clock in the afternoon on each day at the house of William Rhodes, Innkeeper, in the City of Washington, and make a full discovery and disclosure of his estate and effects when and where his creditors are to come prepared to prove their debts, and at the second sitting to choose assignees, and at the last sitting the said bankrupt is required to finish his examination. All persons indebted to the said bankrupt, or who have any effects, are not to pay or deliver the same, but to whom the commissioners shall appoint. RICHARD FORREST,

By His Excellency JOHN FRANCIS MERCER, Governor of the State of Maryland.
A PROCLAMATION.
WHEREAS the General Assembly of Maryland did, at an act passed at the November session, seventeen hundred and ninety, entitled "An act directing the time, places and manner of holding elections for representatives of this state, in the Congress of the United States, and for the regulation of the said elections, and also to repeal the act of assembly therein mentioned," direct that the Governor and Council, after having received the returns, papers, and instruments containing the number of votes for representatives of this state, in the Congress of the United States, should enumerate and ascertain the number of votes for every candidate and person chosen as a representative, and by proclamation, signed by the Governor, and dispersed through the state, should declare the names of the persons duly elected representatives:—We, in pursuance of the directions of the said act, do, by this our proclamation, declare, that by the returns made to us it appears, that John Campbell, Esquire, was elected for the first district; Walter Bowie, Esquire, was elected for the second district; Thomas Slater, Esquire, was elected for the third district; Daniel Heifter, Esquire, was elected for the fourth district; Nicholas Tuxson Moore, and William Mac Crery, Esquires, were elected for the fifth district; John Archer, Esquire, was elected for the sixth district; Joseph Hopper Nicholson, Esquire, was elected for the seventh district; and John Dennis, Esquire, was elected for the eighth district.
Given in Council, at the city of Annapolis, under the seal of the state of Maryland, this seventeenth day of October, eighteen hundred and three. JOHN F. MERCER. By the governor, Ninian Pinkney, Clerk of the governor and council.
In Council
October 17, 1803.
ORDERED, That the foregoing Proclamation be published three times in each week, for the space of two weeks successively, in the American, Telegraph, and Federal Gazette at Baltimore; the Maryland Gazette at Annapolis; the National Intelligencer at Washington; Republican Advocate and Barrage's paper at Frederick Town; Graves' paper at Hager's Town, and the Star at Easton. By Order, NINIAN PINKNEY, Clk.
Fifteen Dollars Reward.
RAN away from the subscriber, on Saturday the 8th of this instant, a NEGRO FELLOW by the name of DICK; he is a likely well made fellow, about twenty or twenty-one years of age, five feet eight or nine inches high, rather of a light colour, has a good head of hair with a fine set of teeth and when spoken to has a smiling look; had on when he went away a green negro cotton great coat, German osnaburg shirt, hempen rolls overalls, and a felt hat about half worn. Took with him a short jacket of olive coloured fustian with yellow buttons, a pair of olive coloured fancy cord pantaloons, an old black broad cloth coat with metal buttons, with other articles of clothing not recollected.
He was seen at Frederickburg on the first day of the races, and it is probable he is still lurking about that place. He is the property of Doctor Robert M. Rose of this county, and was hired from him by the subscriber. I forward all matters of vessels and others from harbouring, or carrying the said fellow out of this state at their peril. I will give the above reward to any person who will deliver him to me residing in Orange county, or secure him in any goal and give such information that I get him again. LEONARD H. MAURY. Halifax, (Orange) October 24th. 3w
A Valuable Purchase.
To be sold by private contract, on an unusual long credit, a part of the valuable estate, belonging to ANTHONY ADDISON, Esq. called Chichester with addition, lying on the Waters of the Eastern Branch, immediately opposite the city of Washington. It extends from below the Navy Yard up to within a few yards of the foot of the bridge, and has on it the ferry over the Branch, commonly called Nailors, or Dyer's Ferry. The estate is divided into lots for the accommodation of purchasers, a correct plat of which is in the hands of Capt. Marbury of Blue plain opposite Alexandria. Capt. Marbury may be spoken with at the bank of Columbia on every Thursday. October 19. ep4w
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 genteel neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the scythe 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
Richard Jones, versus John Hill.
THE object of the bill is to obtain a decree for recording a deed executed by the defendant on the first day of October eighteen hundred for conveying unto the complainant a lot or parcel of ground adjoining to the town of Bladensburg, being a part of a tract of land called Blenheim Hill, particularly described in the said deed. The bill states that the defendant hath removed out of the state of Maryland.
It is, thereupon adjudged and ordered that the complainant by causing a copy of this order to be inserted three successive weeks in the National Intelligencer in the city of Washington before the twentieth day of November next give notice to the absent defendant of this application and of the substance and object of the bill, that he may be warned to appear here in person or by a solicitor of this court on or before the twentieth day of March next, to show cause (if any he hath) wherefore a decree should not be passed as prayed.
Teste SAMUEL H. HOWARD. R. C. C. October 21. 3w
Valuable Lands and Lots
FOR SALE.
I Will sell, on liberal terms of payment, to accommodate purchasers, the following Property, bequeathed to me, in trust with power to sell, by the late Mr. Thomas Dick, of Bladensburg, viz.
THE valuable FARM which he had in his own possession, and lands adjoining thereto, containing in the whole upwards of 1300 acres. These lands are situated to the northward of Bladensburg, on the Eastern Branch of Potomac river, about three miles distant from that town, on a fine level road. From Bladensburg to the City of Washington, by land, the distance is about four miles, and by water five; and the Eastern Branch is navigable for large craft to said town. There is a great abundance of wood on the lands, and they are well watered in every respect; have a considerable quantity of rich bottom, some of which is already in grass. The improvements on the farm are good, and the whole under good fences. These lands can conveniently be laid off into three parcels, with improvements to each, and will be sold together or separately.
Part of a tract of Land, called Hill's and Dale's, lying in Montgomery county, on the north-west branch of the Eastern Branch of Potomac about six miles from Bladensburg, and about the same distance from Washington, containing 70 ± acres.
Part of another tract, called Crawford's Adventure, lying to the south east of Bladensburg, nearly adjoining the town, and adjoining the lands of the late Richard Henderson, Esq. containing 160 acres all in wood. And 83 1/2 acres of valuable Marsh and low land, on the said Eastern Branch, about half a mile below that town, and adjoining the said lands of the late Mr. Henderson.
The House and Lot in Bladensburg, on which the late Mr. Dick resided, containing about six acres; this is one of the best situations in the town, is generally admired, and commands a very extensive view. There is a good garden, ice-house, stable, and all other offices necessary for the accommodation of a private family, and the lot and garden properly inclosed, and all in good order. Should this house, &c. not be sold previous to the 1st of December, it will then be to rent.
One other lot or parcel of ground, adjoining the town lots, near the above mentioned house, and contiguous to the residence of Richard L. Lowndes, Esq. containing 9 3/8 acres.
Also, Lot No. 7, in square No. 704, in the City of Washington, being the north-east corner of that square, containing 95 3/8 square feet.
As further description of the property is considered unnecessary, as persons inclined to purchase will doubtless satisfy themselves by viewing the same. Mr. John Dick, at present residing in Bladensburg, will shew the property, and the terms may be particularly known on application to him, or
JOHN LAIRD, Trustee.
N.B. I hold 246 1/2 acres of Land, adjoining the above mentioned tract of Hills and Dales, which may be advantageous and desirable for the purchaser of the latter to have—and I will sell the same on similar terms.
JOHN LAIRD.
George-Town, Oct. 24, 1803. ep2w1stf.
Twenty Dollars Reward.
RAN AWAY from the subscriber, on Friday the 21st inst. a likely mulatto lad called BILL. He is about eighteen or nineteen years of age, and five feet seven or eight inches high. His face is covered with a number of large black freckles. He had on when he went away a new black fur hat, a fustian round jacket, and a pair of dark gray cassimere or cloth pantaloons. But he will in all probability change his apparel, as he has carried off money with him. Whoever will apprehend said lad and secure him in any jail shall receive the above reward from
JOHN F. MASON.
George-Town, Oct. 25, 1803. N.B. All masters and owners of vessels are hereby forewarned from employing or secreting said Bill at their peril. 6t
BURNETT & RIGDEN,
JEWELLERS AND WATCH-MAKERS.
Have just received by the ships Ann and United States from Liverpool, a handsome assortment of
PLATED WARE, JEWELLERY & FANCY ARTICLES.
They have on hand and constantly keep a variety of GOLD and SILVER WATCHES, the most fashionable Silver Plate, &c. &c.
All of which they are enabled to sell at the most reduced prices. George-Town, Oct. 22, 1803.
Lots for sale.
IN eligible situations, and upon very advantageous terms—A plan of the several squares in which they are contained may be seen and terms thereon by applying to, ROBERT W. PEACOCK. Attorney at law and conveyancer.
I WILL sell five hundred and fifty acres of Land whereon I live, in Fairfax county, within five miles of the court house, and within twenty of the City of Washington, Alexandria, Dumfries, and twelve of the Occaquan mills, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, oak is a great proportion of white and red oak, popular and hickory timber—There is nearly one hundred acres of prime land for meadow, I will give six months credit for one fourth of the purchase money—twelve months for the other quarter, eighteen for the third, and two years for the last payment, a purchaser will find me on the premises. THOS. POLLARD. Feb 21st. ep
TO RENT
AND immediate possession given, a two story frame HOUSE, in the city of Washington, on sq 224, opposite to Robert Peacock's Esq. lately occupied by doctor Tibbs. Containing 3 rooms and a large pantry on the 1st floor, two on the 2d floor with garret rooms—Piazza and balcony to the front, cellar and dry well, with an excellent garden—kitchen stable and carriage house, with every other conveniences for the reception of a genteel family—for further particulars, enquire at the store of Mr. Xampi a few doors east of Rhodes's tavern, north F street. October 19. tf
BISCUIT BAKE HOUSE, Near the Sugar House New-Jersey Avenue.
THE subscriber has commenced the above business in all its various branches; where merchants or owners of vessels may be supplied on reasonable terms; also private families with the best of Crackers. PETER MILLER. Washington August 19. tf
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 FOREST, Esqrs. of the city of Washington, who are authorised, 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
COLUMBIAN INN. GEORGE-TOWN.
THE Subscriber begs leave to solicit the patronage of his former friends and customers, and informs them 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. ep1j
WASHINGTON Jockey Club Races,
WILL commence on the second Tuesday in November next, over an excellent course, well prepared and inclosed with a post and rail fence. First day—A sweepstake of 1,600 dolls. Second day—A purée of 400 dolls.—4 mile heats. Third day—A purée of 200 dolls.—3 mile heats. Fourth day—A 50 guinea silver cup—10 horses. Fifth day—A handsome City and Town Purée—Two mile heats. All horses, mares and geldings, to be entered and run agreeably to the rules of the club, and to carry the following weight: An aged horse, 126—4 years old 120—a five years old 112—a four years old 100, and a three years old 90 pounds. Three pounds being allowed to fillies, mares and geldings. The following tolls to be paid at the gate to the clerk of the course, M. C. Bailey, or any person authorised by him to receive the same. Four wheel carriages, 1 Doll. each, Two wheel do. 50 Cents. do. Every man and horse, 25 Cents. Booths will be let on application to the subscriber. It is probable that the 2d & 3rd days purées will be increased—as the surplus of the tolls after defraying the expenses, &c. will be added to them. CH. M'LAUGHLIN, Sec. & Tr. The club will meet at the Union Tavern on the evening preceding the first day's race. September 14. eptr
MILITARY LANDS FOR SALE.
By virtue of a power delegated to his executors, by the last will and testament of John Rose, Esq. deceased, late of the county of Westmoreland we the subscribers, having taken upon ourselves the execution of his said will, and qualified thereon according to law, now offer for sale, the following tracts of land, viz. One tract of fifteen hundred acres, by patent, bearing date 7th of day of January, 1796, lying on Cumberland river, in the state of Kentucky. One of 1500 acres by patent, bearing date the 30th day of August, 1797, on the waters of Paint Creek, between the Miami and Sciota rivers. One of 1500 acres by patent, bearing date the 25th of April, 1800, also on the waters of Paint Creek. One of 1200 acres by patent, bearing date the 23th day of April, 1800, lying on the banks of the Sciota river. Two other small lots of one and two hundred acres, on the waters of Lees creek a branch of the Rattle Snake Fork of Paint creek. One other small tract, of 360 acres, in the same neighborhood—and lastly, One other tract of 1500 acres, surveyed and patented for Burgess Bell, lying on a branch of Gaspars river, adjoining the upper corner of George Washington's survey, and the same having been sold and conveyed by the said Bell to the said Rose. Proposals for a purchase of the whole or any part of the said lands will be received verbally or by letter, addressed to any of the subscribers. The taxes on these lands have been regularly paid, and a clear and indisputable title will be made the purchaser, by HENRY ROSE, Alexandria, WM. ROBINSON, Leeds, } Executors. SAU. BERRY, Port Royal, } September 26. 2m
LECTURES.
IN a science so various and complicated as the present system of the LAW, nothing which tends to facilitate the progress of the student can be deemed useless. It is with this view that the subscriber proposes to deliver during the winter, (and if suitable encouragement offers, annually)
A COURSE OF LECTURES, On Education, Belles Letters, Composition, History and Law.
The subscriber means to divide the same into two distinct courses. The object of the division is, that young gentlemen who are designed to fill stations in active life, distinct from those of the learned professions, may resort to that course of lectures which will be delivered without a relation to the Law, which will be the sole foundation of the other.
If the plan should meet with success, the subscriber contemplates furnishing, next winter, a handsome library, for the use of such gentlemen as feel inclined to patronizing the undertaking.
The municipal laws of each state will then be provided—That students at law from any part of the United States will find it their interest to repair to the Metropolis, to pursue their studies; where they will have the advantage of attending the Congressional debates.
The facility of access which the houses of Congress offer, is a circumstance peculiarly advantageous to the student, and the youthful pleader, not only from the light which is thrown in the course of debate on controversial questions of law; not only to be derived from witnessing the eager contests, the vigorous attacks, the wary methods of defence, exhibited by men of the most conspicuous talents, rivals alike in abilities and interest but especially from this consideration, that the speakers are, in general, exempted by the nature of their functions, from those defects to which pleaders are peculiarly exposed.
The Lectures will commence the first week in November next, and continue until twelve distinct Lectures in each course shall have been delivered.
The terms may be known by applying personally, or by letter, post paid to, ROBERT WARE PEACOCK, Attorney at Law. City of Washington, October 17. NI&UGD
Caution to the Public.
WHEREAS through error, a person named Daniel Roney, was employed by the subscriber to collect monies due to him, for subscription, &c. to the "American Patriot," and Whereas, contrary to the method of collection, the said Daniel Roney has collected money and given his Manuscript receipt instead of the printed ones issued by the Proprietor, and consequently defrauded him of several sums. This is to caution any person from receiving his receipt, or paying him any monies whatsoever, due to the office of the "American Patriot." SAMUEL KENNEDY. Oct 1. 3t
JUST RECEIVED,
By the UNITED STATES, Capt. Finlay from Liverpool, Fall Goods, viz.
Brafs Plate and wire fenders and irons, shovel and togs, pokers, bellows, coal hods, bell-metal kettles, brafs soomen, knives and forks, plated bridle bits and stirrups, with a variety of saddlery, brafs ware, kitchen furniture, tools and building materials, &c. HENRY INGLE. Washington, Oct. 28.—ep2m.
Physiognotrare
LIKENESSES ENGRAVED. THE subscriber begs leave to inform the public, that he intends to take likenesses in this place for a short time, and respectfully solicits of the lovers and protectors of the fine arts, the same favors and patronage he has met with in different cities of the United States, where he has taken a great number of likenesses, among which are those of the most distinguished characters, copies of which may be seen at his lodgings (at David Shoemaker's F street near the Bank). St. MEMIN. October 28.—6t
Oyster Suppers.
AN Oyster Supper will be prepared on Tuesday night the 1st. of November, at the long room in the north end of the ten buildings, Jersey Avenue, and will be continued every Tuesday and Friday nights, during the season. Canvas-backs will also be constantly provided as early as the season will admit. And those gentlemen whose liberality may induce them to patronize the establishment, are assured that the utmost fidelity will be used to render entire satisfaction. October 25.—3t
NOTICE.
APPLICATION is intended to be made at the Treasury for the renewal of the following described certificates of Registered debt which have been lost, viz. No. 2203 and 2201, given to James Moore and Andrew Henderson for 165 69-100ths cents each—one to Charles Auroget, No. 2199 for 165 69-100ths cents—another to Meredith Webb, No. 2193, for 264 62-100ths cents, and one granted to Charles Miller, No. for 165 69-100ths cents, all bearing interest from 1st July 1781. WILLIAM CALHOUN. October 26.—6w
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
WANTED TO HIRE.
A Black Woman who understands house work, plain cooking, and can wash and iron well. Recommendation of her honesty and sobriety will be expected. Enquire at the east end of the six buildings. T. BRUFF. October 28.—3t
NOTICE.
This is to give notice that the subscriber of Washington city hath obtained from the Orphans court of Washington county in the District of Columbia, letters of administration on the personal estate of Alexander Wilson late of said city and county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscriber, at or before the 25th day of April next, they or otherwise by law be excluded from all benefit of the said estate, and all those indebted to the same to make immediate payment. Given under my hand this 19th day of October, 1803. ELIZABETH WILSON, admx. October 19. 3tawf
WAS committed to the goal at Baltimore, a negro man by the name of WILLIAM GROCE—He is about 50 years of age, 5 feet 7 inches high a deep black complexion, thin visage, large thick lips, and has lost one lower and upper front tooth, and has a scar on the back part of his left shoulder, occasioned by the cut of an axe; he has on a round about blue cloth jacket with sleeves, light colored mixed cloth vest, osnaburg shirt and trowers, and an old wool hat—he says he belongs to Mr. John Chisley, of Prince William county, Virginia, within 15 miles of Dumfries. If his owner does not release him, he will be sold for his goal fees according to law. James Wilson, Sheriff. September 12. 1awtf
WAS committed to the jail of Baltimore county as a runaway, on the 15th inst. a negro woman who calls herself RACHEL MARY; she is about twenty-four years of age, five feet two inches high, dark complexion, much pock fretted—she has on a blue spotted calico gown and striped gingham petticoat. She says she was raised by col. Ezekiel Fekes of Dorset county, on the Eastern Shore. If she is not released, she will be sold for her jail fees, according to law. James Wilson, Sheriff. September 28. 1awtf
NOTICE.
FOR Sale One hundred and fifty acres of land, One hundred acres of which is of wood—it is situated within six miles of the Eastern Branch ferry. For terms apply to be MICHAEL LOWE Prince George county, July 22. 1awtf
PATENT GUN LOCK.
The subscriber offers for sale the right of making and using Edward West's improvement in Gun Locks, which is considered by judges of the utmost importance to every person using fire arms, and more particularly to the army and militia of the United States. There are two very great advantages resulting from this improvement, the first is, that no accident can possibly happen by a gun going off at half cock as it has in that situation no connection with the dog, consequently not with the trigger or any other external part of the lock. It cannot possibly catch at half cock as there is no notch that the dog can catch on, and the counter dog is so placed in the act of cocking, as not to be reloaded but by the cock first falling or being let down. The great security in this improvement ought certainly to recommend it to general use, to avoid the innumerable accidents that has and must unavoidably happen from the present plan, in going off at half cock, &c. Application made to Mr. Rhodes, city of Washington, will be communicated and attended to, where I shall attend at the sitting of Congress. THOMAS WEST. August 29. 1aw3m
CHARLES VARDEN, TAYLOR,
FROM PHILADELPHIA. HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cassimeres, Silk Floraines, Black and fancy silk molekin velvet, white & figured Marcellas, Swardown, Fottinets, Velveteens, Fancy cords, Cordings, &c. With a variety of other articles suitable for the winter season. N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion. New-Jersey Avenue, the second House from the Capitol Square. December 8, 1802.
WAS committed to the goal at Baltimore county as a runaway, on the 3d inst. a negro man by the name of GEORGE FAIRFAX—he is about 17 years of age, 5 feet 5 inches high, dark complexion, low legged, has a scar over his right eye, and has lost two of his upper foreteeth; he has on a country made cotton shirt and nankeen trowers—he says he belongs to Mr. Pritchett Wright, living in Westmoreland county Virginia, near Cole Carter's mill. His owner does not release him he will be sold for his goal fees, according to law. James Wilson, Sheriff. September 12. 1awtf
FOR SALE
By LEWIS CLEPHAN East of the Branch bank on F. street City of Washington.
PAINTERS COLORS OF ALL SORTS. White Lead in kegs Red Lead, and dry, Spruce Ochre, Stone Ochre of superior quality, Gold Bitrage, Turkey Umber, Prussian Blue, 1st and Vermilion, 2nd quality, Best Camin drop black, Kings Yellow, Painters Brushes of all Linseed oil and Spirits of turpentine, Window glass 10 by 12—8 by 10, and 7 by 9. Gold and silver leaf by the pack or book, Large sheet glass cut to any size. Gentlemen sending their Sashes will have them neatly glazed and on moderate terms. All orders from the country will be carefully attended to. August 4. 1awtf