The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-11-23 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLXXXII.
FIVE DOLLS. PER ANN.
WEDNESDAY, NOVEMBER 23d, 1803.
PAID IN ADVANCE.
CONGRESS.
DEBATE IN THE SENATE,
ON THE LOUISIANA TREATY.
THURSDAY, November 3.
(Continued.)
Mr. WRIGHT—Mr. PRESIDENT—The honorable from the observations of the honorable gentleman from Delaware (Mr. Wells), that he had not minutely attended to the provisions of this bill, on which the transfer of this stock is made expressly to depend—The treaty has in the most guarded manner secured us in the possession of the ceded territory, as a condition precedent the payment of the purchase money, and this bill has expressly provided that no part of the stock shall be transferred till the possession stipulated by the treaty shall have been obtained—Not such a possession as the gentleman has said—the President may be satisfied with—“the delivery of a twig and turf, or the knock of a door.”—The treaty has defined the possession intended, it is the possession of Louisiana, the Island and City of New Orleans, with the forts and arsenals, and the troops having been withdrawn from thence—But Sir, from his remarks it would seem that his objections to this bill had been predicated on his want of confidence in the Executive, as he has expressed his fears that the stock would be transferred, before the pre-requisite conditions had been performed.—He says, we ought to be satisfied that the possession stipulated by the treaty shall have been delivered up before we pass this bill. Has he forgot that by the constitution the President is to superintend the execution of the law? Or has he forgot that treaties are the supreme law of the land? Or why, while he professes to respect this constitution, does he oppose the commission of the execution of this law, to that organ of the government to which it has been assigned by the constitution? Why, I ask, does he distrust the President? Has he not been throughout the whole of this business very much alive to the peaceful acquisition of this immense territory, and the invaluable waters of the Mississippi? A property, which, but the other day, we were told was all important, and so necessary to our political existence, that if it was not obtained, the Western people would sever themselves from the union. This property, for which countless millions were then proposed to be expended, and the best blood of our citizens to be shed, and which then was to be had at all hazards, per fas aut per nefas , seems now to have lost its worth, and it would seem as if some gentlemen could not be satisfied with the purchase, because our title was not recorded in the blood of its inhabitants; but that this is not the wish of the American people, has been unequivocally declared by their immediate representatives in congress, as well as by this house, who had each expressed their approbation of the peaceful title we had acquired, by majorities I thought not to be misunderstood—and the gentleman, although he voted for the ratification of the treaty, now again calls on us to investigate the title, it is certainly too late. But I ask, if he was not possessed of the most satisfactory evidence of the title, why he consented to the ratification of the treaty? Does he not know that France, the original proprietor, ceded it to Spain? Does he not know that Spain retroceded it to France, in exchange for Tuscany, which is now held as the kingdom of Etruria, by the king of Etruria, the relative of his Catholic majesty, by virtue of that exchange—does he not know that Spain disclaims all title to it, and has issued the royal order for delivering it to France under its original limits, and that that order was lately in the possession of the minister of the French Republic, near the United States. That the treaties had been ratified and exchanged for the sale of Louisiana to the United States, and that the minister of the First Consul had concurred with our government, such measures as were deemed necessary to put us in possession of the ceded territory, agreeably to the treaty. How correct then, it may be to investigate the title after we have ratified the treaty, and become thereby the purchasers, or how prudent to question that title, when claiming under it, are questions the gentleman's own feelings will best decide! But of this I am sure, that we can have no just cause of complaint against the French Republic, until an eviction under a pre-existing title paramount, which Spain herself dis-
claims. But if after we shall be in possession, under this peaceful, this legitimate title, any power on earth shall attempt to disturb our possession, I trust we can obtain injunctions from our secretaries of war, and of the navy, and secure our title in the way it was withheld by some gentlemen to have been originally obtained. The gentleman tells us he understands we are to be opposed by the subjects of his Catholic Majesty, in taking possession of the ceded territory, or why send so many troops to take possession. I cannot tell where the gentleman got his information, either as to the opposition intended, or the number of troops to be sent. I have never heard there was to be any opposition, but the reverse. I have never heard the number of troops that are intended to take possession—but I hope and trust a number sufficient to preserve the forts in good order, and to defend them against any power that may presume to invest them. This, I have no doubt, will be done, as it is committed to the President, under his high responsibility, aided by the heads of the departments, to which it belongs, who will be possessed of all necessary information, and who will, I trust, do their duty in preserving and defending these important posts.
Can it be supposed that the Louisianians, who so lately gave so demonstrative proof of their loyalty in their answer to the address of the Prefect of France, will be less disposed to loyalty to the United States, when they recollect that we have treated them as our children, and ourselves by securing them in their property and in their civil and religious liberty, agreeably to the principles of our own constitution? Can they be so unwise as to prefer being the colonists of a distant European power, to being members of this immense empire with all the privileges of American citizens? Can any gentleman seriously entertain such an unauthorized opinion that that people whom we have seen so lately with so much respect to their late King, submit cheerfully to be citizens of the French Republic, will now in direct violation of the Royal Order, refuse to obey it, and treasonably take up arms to resist its execution?—It is as cruel as it is unfounded? But should an insurrection, so treasonable, beget in them insurgent principles of resistance, I hope and trust that our troops on the spot may be permitted to aid the officers of his Catholic Majesty to reduce them to reason and submission to the Royal Order of their King, that they may be delivered up to be brought to condign punishment; and that their treasonable project may be nipped in the bud.
I had for myself, however, supposed that from the time of the address of the French Prefect he had been in possession of & in the discharge of the civil functions of the government, and that the Spanish troops in the forts held the possession of them to preserve and protect them till the French troops should arrive under his direction; but I never did suppose that after the First Consul consented to sell that country, that he would send over his troops to take possession of it, but to surrender it; nor did I ever entertain a single doubt that after the King of Spain had sold that property to France and secured and held the property in exchange of which his Royal Order for the delivery of the possession was full proof, that if it was not in his power to induce the First Consul to keep it, that he would commit that integrity hitherto unsoiled, by any measures violative of the faith of his own treaty.
Mr. PICKERING said, if he entertained the opinion just now expressed by the gentleman from Delaware, (Mr. Wells) of the binding force of all treaties made by the President and Senate, he should think it to be his duty to vote for the bill now under consideration. “The constitution, and the laws of the United States made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land.” But a treaty to be thus obligatory must not contravene the constitution, nor contain any stipulations which transcend the powers therein given to the President and Senate. The treaty between the United States and the French Republic, professing to cede Louisiana to the United States, appeared to him to contain such an exceptional stipulation—a stipulation which cannot be executed by any authority now existing. It is declared in the third article, that “the inhabitants of the ceded territory, shall be incorporated in the Union of the United States.” But neither the President and Senate, nor the President and Congress are compe-
tent to such an act of incorporation. He believed, that our administration admitted that this incorporation could not be effected without an amendment of the constitution. And he conceived that this necessary amendment could not be made in the ordinary mode, by the concurrence of two thirds of both Houses of Congress, and the ratification by the legislatures of three-fourths of the several states. He believed the assent of each individual state to be necessary for the admission of a foreign country as an associate in the union: in like manner as in a commercial house, the consent of each member would be necessary, to admit a new partner into the company. And whether the assent of every state to such an indispensable amendment were attainable, was uncertain. But the articles of a treaty were necessarily related to each other; the stipulation in one article being the consideration for another. If, therefore, in respect to the Louisiana treaty, the United States fail to execute, and within a reasonable time, the engagement in the third article, (to incorporate that territory into the union) the French government will have a right to declare the whole treaty void. We must then abandon the country, or go to war to maintain our possession. But, it was to prevent war that the pacific measures of the last winter were adopted—they were to “lay the foundation for future peace.”
Mr. Pickering had never doubted the right of the United States to acquire new territory, either by purchase or by conquest; and to govern the territory so acquired, as a dependent province. And in this way might Louisiana have become a territory of the United States, and have received a form of government infinitely preferable to that to which its inhabitants are now subject.
There was another serious objection to this treaty. It purported to contain a cession of Louisiana to the United States. The first article had often been read and commented upon; yet he begged leave to refer to it once more. It was therein stated, that by the 3rd article of the treaty of St. Ildefonso, made the first of October, 1800, he, king of Spain promised and engaged on certain conditions, “to cede to the French republic, the colony or province of Louisiana, with the same extent that it then had 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.”—Now, under this mere conditional promise of Spain, the First Consul (declaring that the French republic had thereby an incontestible title to the country) undertakes to cede Louisiana to the United States: And how does he cede it?—“in the same manner as it had been acquired by the French republic, in virtue of the above mentioned treaty with Spain.”—That is, by that treaty, France acquired a right to demand an actual cession of the territory, provided she fulfilled all the conditions on which Spain promised to cede. But we know Spain declares that those conditions have not been fully performed; and, by her remonstrances, warns the United States not to touch Louisiana. Now we, standing (as some gentlemen have expressed themselves) in the shoes of France, can have only the same right relative to the subject in question: We can ask of Spain an actual cession, or a confirmation of the claim we have purchased of the French republic, provided we will and can fulfil the conditions of the treaty of St. Ildefonso. And what are these conditions? We cannot tell. Mr. P. believed that our executive knew not what they were; and he believed, too, that even our envoys, who negotiated the treaty for Louisiana, were alike uninformed: He believed that they never saw (for they had not intimated that they had ever seen) any other part of the treaty of St. Ildefonso than what is recited in the first article of our treaty with France. And this defect has not been supplied by any guarantee of the territory on the part of France. She had not stipulated, nor is under any obligation, to procure the assent of Spain, as a confirmation of the cession to the United States.
Such is the nature of our title to Louisiana. We had, indeed, been told of a publication, long since made at New Orleans, of the King of Spain's order to his officers there, to deliver possession of the province to the French republic. Mr. P. also would take the liberty of mentioning what he had heard, and from good authority;—that the Prince of Peace, more than a year subsequent to the treaty of St. Ildefonso, declared, that the king of Spain (his
master) had not ceded Louisiana to France.
Another honorable gentleman has entertained us with an account of the animating address of the French Prefect to the inhabitants of Louisiana, the largest portion of whom are French; and of the cordiality with which they received, and echoed, in their answer, the sentiments of the Prefect.—But what were the feelings and conduct of the Spanish officers, on seeing these French proceedings? Mr. P. had heard from an honorable member in his eye [Mr. Dayton]. They lent for the printer, and forbade all further promulgation of the address and answer, on pain of his being sent to the dungeon, or to the mines, for life.—Thus tenacious was Spain of her right to Louisiana, and thus severe in her prohibition of whatever might disparage her title.
But gentlemen rely on the royal order, now in the hands of the French agent here, for the delivery of the possession of Louisiana to the French republic: They seem to consider it as full evidence of the cession of that territory to France; and as supplying all apparent defect of title under the treaty of St. Ildefonso;—that order (said Mr. P.) is a year old. Before that time France had concluded a peace with Great Britain; and whatever the French government should demand of Spain, would be given.
It is likewise supposed that the Spanish officers in Louisiana will not dare to refuse obedience to that order: and one gentleman has expressed his opinion, in case such refusal should happen, that the American troops, whom the President should send thither, would be justified in compelling them to obey.—But what if a subsequent royal order has been issued, requiring those officers not to deliver up Louisiana to France, or to the United States? We have some reason to think that such is the fact. And resistance, he presumed, was apprehended. Why, else, all this parade of war? Why had the President been authorized to employ the army and navy of the United States, and to call forth any portion of eighty thousand militia? Honorable gentlemen, he knew, held cheap the power of Spain: they have spoken plainly their opinion of her feebleness and inability to withstand the force of the United States: And have seemed to rest the security of our title (as he remarked on a former occasion) rather on that feebleness and inability, than on the validity of the cession from the French republic. And one honorable gentleman has said, that Spain will be left alone;—that the French republic is bound in honor not to give her any aid. The FRENCH REPUBLIC bound in honor? For ten or fifteen years past, we had known too well what were the honor and the justice of the government of that republic.
Perhaps Spain may not resist at the present moment: She may wait until France gets the war with Britain off her hands. Then pretences will be easily found to reclaim Louisiana; and Spain, once engaged to wrest it from us by force, will receive from France, her ally, all necessary aid. Mr. P. believed that this whole transaction had purposely been wrapt in obscurity by the French government. The boundary of Louisiana, for instance, on the side of Florida was, in the treaty, really unintelligible; and yet nothing was more easy to define. The French government, however, would find no difficulty in the construction. And an honorable member from New Jersey, (Mr. Dayton) had informed us, that the French prefect, at New Orleans, told him, that as soon as general Victor should arrive, with the French troops, he should extend Louisiana far into West Florida.
Mr. P. said, that which ever way he turned his eyes, war was in prospect, as the final result of our pacific measures—measures deemed so wise as to have been ascribed to divine inspiration! He wished they might merit that high character; but feared, in the end, they would bear the stamp of indifcretion—perhaps of folly.
Mr. DAYTON.—As the honorable gentleman from Massachusetts has quoted what was suggested by me in a former debate to deduce from it an inference which the information I gave can by no means warrant, I must be allowed the liberty of correcting him. When I said that there existed an essential difference between the French and Spanish officers at New Orleans as to the real boundaries of the province of Louisiana, I did not mean to insinuate that this disagreement extended so far as an opposition to the French taking possession. It was a question of limits
only, varying however so much in extent, as would have produced a serious altercation between those two countries, although closely allied.
The Spanish governor had taken it upon himself to proclaim that the province lately ceded and about to be given over to France would be confined on the East of the Mississippi to the river Iberville, and the lakes Maurepas and Pontchartrain, or in other words to the island of New Orleans; but the French Prefect on the contrary declared that he neither had nor would give his assent to the establishment of those limits, which would be regarded no longer than until the arrival of their troops.
The same gentleman (Mr. Pickering) has said that the advocates of this measure seem to rely much more upon their power than upon their right, and in this assertion I am compelled to say he has done us very great injustice. The title of the French is founded upon the often quoted treaty of St. Ildefonso, confirmed by the Royal Order signed by the King of Spain himself, so lately as the 15th October 1802, directing the delivery of the “colony of Louisiana and its dependencies as well as of the city and island of New Orleans, without any exception, to general Victor, or other officer duly authorized by that Republic to take charge of the said delivery.”
When at New Orleans in July last, I obtained from the best source, a translated copy of that Royal Order, and can aver that it absolutely directs possession to be given without reservation or condition. It is not, and cannot be denied that the lately ratified treaty of Paris transfers to us completely all the title acquired by France in virtue of the first treaty and order alluded to. We have then most incontestibly the right of possession, and our object now is by passing the bill before us to obtain the possession itself, which we can certainly never effect, consistently with good faith, if the reasonings and objections of my honorable friends from Delaware and Massachusetts should prevail. We are asked by the same gentlemen what will be the consequence if it shall appear, that the Royal Order has been revoked? I answer first that it is not in the least degree probable, for neither of them pretend to have heard of such revocation, nor is it intimated in the confidential communications before the Senate. But admitting for argument's sake that it were revoked, of what avail could it be against a third party who had in the mean time become a bona fide purchaser. Shall one nation give to another a written, formal evidence of transfer of territory, and revoke it at pleasure, especially after a third shall have been tempted and induced by that very evidence of title to contract for the purchase of it. Would an act so fraudulent be countenanced between individuals in a court of equity? Could it be justified between nations in a high court of honor? The honorable gentleman from Delaware has taken a more delicate ground of objection. He has intimated that there exists in the knowledge of the Senate, the evidence of a serious opposition to our possessing that country, which if known to the other branch of the legislature would probably have defeated this bill in its progress there. Allusions artfully made in this manner to documents communicated under the injunction of secrecy, place us in an embarrassing situation. Forbidden by our rules to expose the papers referred to, even in argument, we can only declare what impressions they have made upon ourselves. Every Senator must understand him, every one must have heard and read and weighed deliberately the contents of those documents, and for myself I am free to avow my belief that it known to every member of the other House they would have no effect against this bill, but would rather have quickened and ensured its progress, for such is the influence they have upon me.
The same gentleman goes on to say that our own government undoubtedly expects to meet with opposition and to be compelled to use violence, instead of receiving peaceable possession, or why should it lend there to imposing a force. From what source that honorable gentleman has acquired a knowledge of the number of troops ordered down the river, he does not tell us, nor indeed how many he means when he calls the force an imposing one. If in times of peace and profound tranquility the Spaniards have found it prudent to keep there constantly, at least four or five hundred troops, could we be justified in finding no greater number when so important an act is about to be performed as the transfer of an extensive territory with the posts connected with it, and this too before we can have had

an opportunity of founding the dispo- sitions of the inhabitants and of the In- dians in the vicinity, in order to judge what effect the change will have upon them. These are wise precautions which our government, I presume, would take, even if they could be most certain that the delivery would be voluntary and peaceable on the part of Spain, and there- fore afford no color for the presumption that they expect or intend to use vio- lence. The bill before us is drawn up in terms which are at the same time consistent with our late treaty, and per- fectly well calculated to secure our in- terests, for it does not authorize pay- ment of the Stocks until after complete possession of the territory. Timely ar- rangements, which a law only can war- rant, ought to be made for preparing the forms of certificates and for creating the stock, that every thing depending on us may be ready; and where can the different power of transferring it in payment be so well vested, as with the President, who will certainly be the first to know when we have received the valuable consideration for it, viz. actual possession. When this event happens, Congress, who the honorable gentleman thinks, should be the only judge and sole depository of this power, may possibly not be in session, and in this case upon his plan, our plighted faith would be violated, our acquisition of the country jeopardized, and our right to it lost.— If we thus seasonably take all the pre- liminary steps for complying with our stipulations, and obstacles would never- theless exist to the attainment of our object, it will be seen and known that they are not of our creation, but that we stand ready to fulfil all the engage- ments on our part, as I trust we shall be to compel it, if there be need, on the part of others.
Mr. TAYLOR. There have been, Mr. President, two objections made against the treaty; one that the United States cannot constitutionally acquire territory; the other, that the treaty sti- pulates for the admission of a new state into the union; a stipulation, which the treaty making power is unable to com- ply with. To these objections I shall endeavor to give answers not heretofore urged.
Before a confederation, each state in the union possessed a right, as attached to sovereignty, of acquiring territory, by war, purchase or treaty. This right must be either still possessed, or forbid- den both to each state and to the gene- ral government; or transferred to the general government. It is not possessed by the states separately; because war and compact with foreign powers and with each other, are prohibited to a se- parate state; and no other means of ac- quiring territory exist. By depriving every state of the means of exercising the right of acquiring territory, the con- stitution has deprived each separate state, of the right itself. Neither the means or the right of acquiring territory are forbidden to the United States; on the contrary, in the fourth article of the constitution, Congress are empowered “to dispose of and regulate the territory belonging to the United States.” This recognizes the right of the United States to hold territory. The means of acquiring territory consist of war and compact; both are expressly surrendered to Congress and forbidden to the several states; and no right in a separate state to hold territory without its limits, is re- cognized by the constitution, nor any mode of effecting it possible, consistent with it. The means of acquiring and the right of holding territory, being both given to the United States, and prohib- ited to each state, it follows that these attributes of sovereignty, once held by each state, are thus transferred to the United States; and that if the means of acquiring and the right of holding, are equivalent to the right of acquiring ter- ritory, then this right merged from the separate states to the United States, as indispensably annexed to the treaty mak- ing power, and the power of making war; or indeed is literally given to the general government by the constitution.
Having proved, Sir, that the United States may constitutionally acquire, hold, dispose of and regulate territory, the other objection to be considered is, whe- ther the third article of the treaty does stipulate, that Louisiana shall be erected into a state. It is conceded that the treaty making power, cannot by treaty erect a new state, however they may stipulate for it. I premise, that in the construction of this article, it is proper to recollect, that the negotiators must be supposed to have understood our con- stitution; it became very particularly their duty to do so, because in this article itself, they have recited “the prin- ciples of the constitution” as their guide; hence it is obvious, that they did not intend to infringe, but to adhere to those principles; and therefore if the article will admit of a construction, con- sistent with this presumable knowledge and intention of the negotiators, the probability of its accuracy will be great- er, than one formed in a supposition, that the negotiators were either igno- rant of that, which they ought to have known; or that they fraudulently pro- fessed a purpose, which they really in- tended to defeat. The following con- struction is reconcilable with what the
negotiators ought to have known, and with what they professed to intend. Recollect, Sir, that it has been proved, that the United States may acquire ter- ritory. Territory so acquired, becomes from the acquisition itself a portion of the territories of the United States, or may be united with their territories, with- out being erected into a state. An union of territory is one thing; of states ano- ther. Both are exemplified by an actual existence. The United States possess territory, comprised in the union of ter- ritory, and not in the union of states. Congress are empowered to regulate or dispose of territorial sections of the union, and have exercised the power; but they are not empowered to regulate or dispose of state sections of the union. The citizens of these territorial sections, are citizens of the United States, and they have all the rights of citizens of the United States; but such rights do not include those political rights arising from state compacts or governments, which are dissimilar in different states. Supposing the general government or treaty making power, have no right to add or unite states and state citizens to the union, yet they have a power of add- ing or uniting to it territory, and terri- torial citizens of the United States.
The territory is ceded by the first arti- cle of the treaty; it will no longer be denied that the United States may con- stitutionally acquire territory. The third article declares that “the inhabi- tants of the ceded territory shall be in- corporated in the union of the United States.” And these words are said to require the territory to be erected into a state. This they do not express, and the words are literally satisfied, by in- corporating them into the union as a territory, and not as a state. The con- stitution recognizes, and the practice warrants, an incorporation of a territo- ry and its inhabitants into the union, without admitting either as a state. And this construction of the first mem- ber of the article, is necessary to shield its two other members, from a charge of surplage, and even of absurdity. For if the words “the inhabitants of the ceded territory shall be incorporated in the union of the United States” intend- ed that Louisiana and its inhabitants should become a state in the union of states, there existed no reason for pro- ceeding to stipulate, that these same in- habitants should be made “citizens as soon as possible, according to the prin- ciples of the federal constitution.” Their admission into the union of states, would have made them citizens of the United States. Is it not then absurd to suppose, that the first member of this third article, intended to admit Loui- siana into the union, as a state, which would instantly entitle the inhabitants to the benefit of the article of the consti- tution, declaring, that “the citizens of each state shall be entitled to all priv- ileges and immunities of citizens in the several states,” and yet to have gone on to stipulate for citizenship, under the li- mitation “as soon as possible, according to the principles of the federal constitu- tion” after it had been bestowed without limitation? Again; the concluding member of the article is to bestow “protection in the mean time;” incor- porating this stipulation, and the stipu- lation for citizenship, with the construc- tion which accuses the treaty of uncon- stitutionality, the article altogether must be understood thus, “the inhabitants of the ceded territory shall be taken into the union of states, which will instantly give them all the rights of citizenship; after which they shall be made citizens as soon as possible; and after they are taken into the union of states, they shall be pro- tected in the interim between becoming a state in the union, and being made ci- tizens, in their liberty, property and re- ligion.”
By supposing the first member of the article to require that the inhabitants and their territory shall be incorporated in the union, in the known and recog- nized political character of a territory, these inconsistencies are avoided, and the article reconciled to the constitution as understood by the opposers of the bill; the stipulation also for citizenship “as soon as possible” according to the prin- ciples of the constitution, and the delay meditated by these words, and the sub- sequent words “in the mean time” so utterly inconsistent with the instantane- ous citizenship, which would follow an admission into the union as a state; are both fully explained. Being incorpo- rated in the union as a territory, and not as a state, a stipulation for citizen- ship became necessary; whereas it would have been unnecessary, had the inhabi- tants been incorporated as a state, and not as a territory. And as they were not to be invested with citizenship by becoming a state, the delay which would occur between the incorporation of the territory into the union, and the arrival of the inhabitants to citizenship according to the principles of the con- stitution, under some uniform rule of naturalization, exhibited an interim, which demanded the concluding stipu- lation, for “protection in the mean time for liberty, property and religion.” As a state of the union, they would not have needed a stipulation for the safe- ty of their “liberty, property and re- ligion;” as a territory, this stipulation
would govern and restrain the undefined power of Congress to make “rules and regulations for territories.”
If my construction is correct, all ob- jections to the treaty and to this bill for fulfilling it, on the ground of un- constitutionality, are unfounded. The three distinct members of the third ar- ticle, will be each separately and dis- tinctly complied with; first, by an in- corporation of the territory and its in- habitants in the union, as a territory. Secondly, by admitting them to all the rights of citizens of the United States, under some uniform rule of naturaliza- tion—and thirdly, by protecting their liberty, property and religion, by “rules and regulations” to be “in the mean time” enacted by congress under a constitutional power extending to territories, but not to states.
To prove the treaty unconstitutional, a member from Massachusetts, (Mr. Pickering) has quoted from the 6th ar- ticle of the constitution these words: “This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made, under the au- thority of the United States, shall be the supreme law of the land;” and he has reasoned upon the ground, that the words “in pursuance thereof” referred to treaties, as well as to laws. But the difference between the phraseology in relation to laws and to treaties is plain and remarkable; laws were to be made “in pursuance of the constitution;” treaties “under the authority of the United States.” This difference prob- ably arises from the following conside- ration. The objects of the legislative power could be foreseen and defined; therefore laws are limited to be made “in pursuance of” the definitions of the objects of legislative power in the con- stitution. But the objects of the treaty making power could not be foreseen, and are not defined; by confining the treaty making power to a definition of its objects in the constitution, it can ne- ver be exercised, if no such definition exists; and by misapplying to the treaty making power, the definitions of legisla- tive power, every right possessed by the latter, would be opened to the former. But if the words “under the authority of the United States” are considered as having been applied to treaties, in place of these—“in pursuance of the constitution,” which are applied to laws; because the objects of treaties are not defined; then the treaty making power retains all the political attributes be- longing to it, not inconsistent with the principle of agency or subordination, interwoven with our policy in all its parts. Among these, is the right or attribute of acquiring territory. And it was probably the absence of a defini- tion as to the objects of the treaty mak- ing power, which suggested the precau- tion, of checking it by two-thirds of the Senate; thus subjecting it in this body, to the same restraint imposed upon amendments to the constitution.— Whether these observations in relation to the quotation, upon which the gen- tleman from Massachusetts relied, do or do not prove, that the objects of the treaty making power are undefined by the constitution, and that it is incorrect to condemn this treaty, by applying to it definitions made for legislative power; is immaterial; if the construction I have given of the third article of the treaty is correct; because that construction proves its constitutionality upon the principles contended for by the gentle- man himself; and if so, his reasoning founded upon a construction of the con- stitution, forbidding the erection of new states to the treaty making power, whe- ther right or wrong, vanishes into smoke, as the third article requires no such thing.
(To be continued.)
PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES.
FRIDAY, November 4.
A petition of sundry inhabitants of the counties of Albany, Green and Ulster, in the state of New-York, was read, praying that a post-road may be estab- lished from the city of New-York, by the way of the towns and villages of Goshen, Kingstow, Loonenburg, and Coxsackie, to the city of Albany.
Also, a representation of sundry in- habitants of Eman’s and Miller’s town, and their vicinity, in the county of Northampton, Pennsylvania, praying an alteration of the present post-road from Lancaster to Bethlehem, so that the same may pass through Eman’s and Mil- ler’s town, aforesaid.
Ordered, That the said petition and representation be referred to the Post Office Committee.
MONDAY, November 7.
A petition of sundry inhabitants of the state of New-York, was read, stating certain grievances and losses to which a number of the citizens of the said state have been and are now subjected, in consequence of the unjust and oppressive practices committed by collectors ap- pointed under an act, intitled “An act to lay and collect a direct tax with-
in the United States;” and submitted to the consideration of Congress sundry propositions for redress therein, which they pray may be adopted; or that such other relief may be offered in the pre- mises as may be best calculated to re- medy the evils of which the petitioners complain.
Referred to the Committee of Ways and Means.
Mr. Samuel L. Mitchill, from the committee of Commerce and Manufac- tures, to whom was referred on the first instant, the petition of John Taggart, of the city of Philadelphia, made a report thereon, which was read and considered: Whereupon,
Resolved, That this House doth con- cur with the Committee of Commerce and Manufactures, in their opinion, that it would be improper to repay the duties on the sugar and molasses specified in the said petition, to the petitioner.
TUESDAY, November 8.
Mr. THOMAS said, he wished to call the attention of the House to a sub- ject in which a portion of our citizens were interested, he alluded to the sugar refiners.
He said, on all loaf sugar imported into the United States, a duty of nine cents per pound was paid, and on all brown sugar two and a half cents—and if either of those articles were re-export- ed, the exporter is entitled to a draw- back of the duties—but if the brown sugar was refined in this country and ex- ported in that state, there was no law al- lowing a drawback of duty.
As there are large quantities of sugar refined by our citizens in the United States, he said, and a considerable part of which would probably be exported, provided the exporter was entitled to a drawback of duty equal to what he had paid on the raw material—and believing a law for this purpose proper, and as a bill did pass that House during the last session of Congress, but which he be- lieved was lost in the Senate, owing to the pressure of business. In order to bring that subject before the House, he begged leave to move the following re- solution:
Resolved, That the Committee of Commerce and Manufactures be direct- ed to enquire and report, by bill, or otherwise, whether a drawback of duties ought to be allowed on sugar refined in the United States, and exported to for- eign ports or places.
A memorial of sundry inhabitants of the two western counties of the Indiana territory of the United States, whose names are thereunto subscribed, to the same effect with the petitions of other inhabitants of the said two western coun- ties, presented the twenty sixth ultimo, was presented to the House and read.
Ordered, That the said memorial be referred to Mr. Lucas, Mr. Morrow, Mr. Chittenden, Mr. Lyon and Mr. Clag- get.
WEDNESDAY, November 9.
A petition of the mayor, alderman, and assistants of the city of Natchez, in the Mississippi territory of the United States, in Common Council assembled, was read, praying that Congress will confirm to the petitioners, the title of such lots and land, for the use of the said city, as may be found vacant within the present limits thereof.
Referred to Mr. Lattimore, Mr. Al- ston, and Mr. Stedman.
A petition of John Hunter, of the county of Fairfax, Virginia, was read praying the liquidation and settlement of a claim for seven months rent of a house the property of the petitioner, to John Fitzgerald, naval officer of the customs for the district and port of Alex- andria, in the year one thousand seven hundred and ninety nine; the said Fitz- gerald having died insolvent, in debt to the United States, and his property seized and taken for their use.
Referred to the Committee of Claims.
Ordered, That the representation of William M’Auley and John M’Jimsey, in behalf of the ministers and elders of the Associate reformed church in North America, presented the twenty second of February last, be referred to the Commit- tee of Commerce and Manufac- tures.
The Speaker laid before the House, sundry depositions and other papers trans- mitted from the counties of Botetourt and Amherst, in the state of Virginia, relative to the contested election of Tho- mas Lewis and Thomas M. Randolph, two of the members returned to serve in this House for the said state, which were ordered to be referred to the Committee of Elections.
THURSDAY, NOVEMBER 10.
A petition of David Valenzin, a ci- tizen of Venice, and a subject of the emperor of Germany, merchant, was read, praying compensation for losses and injuries sustained in his person and property in consequence of the capture of an imperial packet near the port of Valletta, by the United States Schooner Enterprise commanded by lieutenant Sterrett, some time in the year one thou- sand eight hundred and two.
Ordered, That the said petition, to- gether with the petition of Peter Charles L’Enfant, presented the nineteenth of February, 1801, and two reports of
the Committee of Claims thereon, made the 15th of April 1802, and 17th of February 1803, as also, the petition of Shandy Yard, a free negro, presented the second of March last, be referred to the Committee of Claims.
A petition of sundry inhabitants of Hallowell, Augusta and the neighbour- ing towns in the county of Kennebec, Massachusetts, was read, praying that a post road may be established from the town of Brunswick in the county of Cumberland, to pass through the towns of Topsham, Bowdoin, Litchfield, Gar- diner and Hallowell to the town of Au- gusta, in the said state.
Also a petition of sundry citizens of the county of York, Pennsylvania, pray- ing that no alteration may be made in the post road at present established by law from the city of Philadelphia by the way of Lancaster, Columbia, Yorktown, Carlisle, &c. to Pittsburgh, in the said state.
Referred to the Post Office Commit- tee.
A memorial of Thomas Ketland, of Philadelphia, was read, praying to be allowed a drawback of the duties on a quantity of sugar and coffee, imported from Batavia, in the East Indies, in the ship Washington, the property of the memorialist and other citizens of the United States therein named, some time in the month of June, 1801, and since exported from the port of Philadelphia, in other vessels to Europe; which draw- back of duties has been hitherto refused in consequence of a construction given, by the officers of the customs at the said port of Philadelphia, to an act of Congress passed on the thirteenth of May 1800.
Ordered, That the said memorial, to- gether with the petitions of sundry in- habitants within the district of Wado- borough, in the state of M’chusett, and of sundry inhabitants residing on the westerly bank of Danamaricota river, in the said state, presented the 24th of December, 1802, and 21st of February last, be referred to the Com- mittee of Commerce and Manufactures.
Mr. John Cotton Smith, from the Committee of Claims, to whom was re- ferred, on the ninth inst. the petition of John Hunter, made a report thereon, which was read and ordered to be re- ferred to a committee of the whole House, on Monday next.
Resolved, That the Committee of Commerce and Manufactures be direct- ed to enquire into the expediency of exempting pilots from paying hospital money for their apprentices; and that they have power to report by bill or o- therwise.
FRIDAY, November 11.
A petition of sundry inhabitants of the town of New-Shoreham, Rhode Is- land, was read, praying that the bounty allowed by law to vessels carrying on the cod fishery of the United States, may be extended, under such regula- tions as to the wisdom of Congress shall seem meet, to certain open boats under the burthen of ten tons, the property of the petitioners, and employed by them in taking cod fish on the waters near Block Island, in the said state.
Referred to the committee of Com- merce and Manufactures.
MONDAY November 14.
Mr. Samuel L. Mitchill, from the committee of commerce and manufac- tures, to whom was referred on the 9th inst. the petition and representation of William M’Auley and John M’Jimsey, in behalf of the ministers and elders of the Associate reformed church in North America, presented the 22d of February last, made a report thereon, which was read and considered: Whereupon,
Resolved, That, the petitioners have leave to withdraw their said petition and representation.
A memorial of sundry inhabitants of the counties of Ulster, Greene and Al- bany, New York, was read, praying that a post road may be established from the town of Kingstow, to pass through the towns or villages of Sagertown, West-Camp, Athens, Esparanza, Cox- sackie landing, Baltimore and Coey- man’s, to the city of Albany, in the said state.
Referred to the post office committee.
A petition of Andrew Moore, of Vir- ginia, was read, complaining of an un- due election and return of Thomas Lew- is, to serve as a member in this House, for the district composed of the counties of Greenbrier, Kanawha, Monroe, Bo- tetourt and Rockbridge, in the said state.
Referred to the Committee of Elec- tions.
A petition of John Edgar, of the coun- ty of Randolph, in the Indiana territory, was read, praying that Congress will consider and ultimately decide in such manner as to their wisdom shall appear equitable and proper, on his petition presented the eighth of February last, in the case of a claim for the reimburse- ment of a certain sum of money to the petitioner, for the amount of sundry ar- ticles of merchandise furnished by him for the safety of the settlements between Kaskaskia and Kahokia, from the hos- tile incursions of several tribes of Indians.
Ordered, That the said petition, to- gether with the petition of John Whitney,

presented the 4th Feb. last, be referred to the committee of claims.
Mr. Samuel L. Mitchell, from the committee appointed on the 29th ult. "to take into consideration the propriety of reprinting the laws of the U. States; the journals of the House of Representatives, and other public documents," made a report thereon, which was read, and ordered to be referred to a committee of the whole House, on Friday next.
Mr. Chittenden, one of the members for the state of Vermont, presented to the House, certain resolutions of the legislature of the said state, passed the 24th Oct. last, relative to an amendment of the constitution of the United States, in the case of future elections of President and Vice-President, which were read, and ordered to lie on the table.
Mr. Samuel L. Mitchell, from the committee of commerce and manufactures to whom was referred, on the 10th inst. the memorial of Thomas Kirtland, of the city of Philadelphia, made a report thereon, which was read, and considered: Whereupon,
Resolved, That the prayer of the memorial of the said Thomas Kirtland, ought not to be granted.
The House, according to the order of the day, resolved itself into a committee of the whole House, on the report of the committee of claims, of the 10th inst. to whom was referred the petition of John Hunter; and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Varnum reported, that the committee had, according to order, had the said report under consideration, and directed him to report to the House their agreement to the same, without amendment.
The House then proceeded to consider the said report at the clerk's table; and the same being twice read, in the words following, to wit:
"The petitioner states, that Colonel John Fitzgerald, a naval officer in the service of the United States, hired of the petitioner a dwelling house in the town of Alexandria, and that the property of Fitzgerald has been seized by the United States to satisfy his delinquency. The petitioner prays, that the rent of his dwelling house, which is in arrear for seven months, may be paid by the government."
If the house was hired for the use of the United States, and by one duly authorized for that purpose, the claim may, at any time, be adjusted at the proper department. This, however, is not pretended, nor do your committee know of any principle, either of justice or equity, which would require the legislature to afford relief to the petitioner:—They are, therefore, of opinion, that he have leave to withdraw his petition."
The question was taken, that the House do concur with the committee of the whole House, in their agreement to the said report.
And resolved in the affirmative.
HENRY POLKINHORN, Saddler, Harness, Army Accoutrements, & Truck-maker.
HAVING taken his two nephews Wm. & Richard M. Hall, into partnership, The business in future will be conducted in this place under the firm of H. Polkinhorn and Wm. Hall, who have opened at the store lately occupied by Mr. Conner. (two doors from the bank of Columbia) a handsome assortment of articles in their line; and hope from attention to business to merit the favors of their friends and the public.
The business will be continued as usual in Baltimore, (under the firm of H. Polkinhorn and R. Hall) where they have for sale a general assortment of Saddlery, wholesale and retail, which they are determined to sell on the lowest terms.
Georgetown Town, Nov. 23—1m
Sales by Auction.
TO be sold by auction by Mr. John Tra vers at his auction store High Street, on Saturday at 11 o'clock, sundry looking glasses in ornamental burnished gold frames, mahogany oval dressing glasses with drawers, an elegant assortment of Prints framed and glazed in burnished gold frames. About one thousand feet of clean white pine pannel boards of a superior quality and great width, inch and half inch—a ship floor, and sundry other articles, to be viewed on Saturday morning previous to sale. As the proprietor will leave this part of the country the beginning of next week, they will be sold without reserve.
Nov. 23—2t
On the petition of EZEKIEL KING.
AN insolvent debtor, confined in the prison of Washington county for debt, notice is hereby given to the creditors of the said Ezekiel King, that on Friday the 25th day of November at 10 o'clock A. M. the said insolvent debtor will be administered to the said Ezekiel King, agreeably to the statute 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 25th day of November. By order of William Cranch, esq. assistant judge of the circuit court of the district of Columbia.
URIAS FORREST, Clerk. November 23—2t
WASHINGTON CITY
WEDNESDAY, November 23.
IN SENATE.
On Friday last Dr. Logan proposed the following resolution, to the consideration of the Senate.
Resolved, That the President of the United States be requested to cause to be laid before the Senate, such information as may have been received relative to the violation of the flag of the United States, or to the impressment of any seamen, in the service of the United States by the agents of any foreign nation.
On this occasion Dr. L. observed, that whilst we were taking measures to protect the citizens of the United States, in their territorial rights, we should not neglect their maritime rights, to the most perfect freedom of navigating the common ocean with safety. The Dr. referred to the message of the President, delivered to Congress at the commencement of the present session, in which he calls the attention of congress to this important subject.—"To exact from every nation the observance towards our vessels and citizens—of those principles and practices, which all civilized people acknowledge: to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to insult and habitual wrong. Congress will consider whether the existing laws enable us efficaciously to maintain this course with our citizens in all places, and with others, while within the limits of our jurisdiction: and will give them the most effectual measures necessary for these objects. Some contraventions of right, have already taken place both within our jurisdictional limits, and on the high seas."
HOUSE OF REPRESENTATIVES.
MONDAY, November 21.
The bill fixing the salaries of certain officers therein mentioned was read the third time, and on the question "shall the bill pass,"—a debate ensued.
Messrs. Taggart and Hastings opposed the passage of the bill, and Messrs. Varnum and Elliot supported it.
When Mr. Holland moved its recommittal for the purpose of limiting its duration; on which motion a wide field of debate was opened, partly on the expediency of limiting the duration of the bill, but chiefly on its merits.
The motion to recommit was supported by Messrs. Holland, Hastings, Lyon, and Bedinger, and opposed by Messrs. Randolph, Smilie, Skinner, Eustis, J. Clay, Swford and S. L. Mitchell.
The question on recommitment was then taken and lost—Ayes 13.
Mr. Goddard spoke against, and Mr. Randolph in favor of the passage of the bill—when the question was taken at 4 o'clock by yeas and nays, and carried in the affirmative, Yeas 76—Nays 35. (Debate in course.)
TUESDAY, November 22.
A message was received from the Senate, informing the House that they had passed the bill authorizing hostilities against Morocco.
Mr. Newton called for the order of the day on a resolution, laid by him on the table, for repealing the
BANKRUPT LAW.
Mr. J. Clay moved a postponement till the 2d of February 1804, in order to allow, in the mean time, an opportunity to enquire into the practicability of so amending the law as to render its provisions just, and agreeable to the community.
This motion was supported by Messrs. J. Clay, Nicholson and Gregg, and opposed by Messrs. Newton, Elliot, Smilie and Eustis.
Mr. Griswold suggested the propriety of postponing the consideration of the subject to a shorter day. Mr. J. Clay acquiesced.
Mr. Nicholson moved a postponement to the 1st Monday of January.
This motion was supported by Messrs. Huger, Dana, Allison, and Goddard; and opposed by Messrs. Newton, Dawson, Rodney, Smilie and Randolph.
When the question on postponement was taken, and lost—Ayes 19.
The House then went into a committee of the whole—Mr. Dawson in the chair—on Mr. Newton's resolution for repealing the Bankrupt Law.
Mr. Newton advocated a repeal, and Messrs. Jackson, Early, and Smilie opposed it; when the committee rose and asked leave to sit again.
INTERESTING DISCOVERY.
Extract of a letter from John Le Caro, a doctor of medicine at Vienna, to doctor C. F. Haug, at Rastadt, dated 23d August, 1803.
"A thing, which will excite, my dear friend, your surprize, and that of all the world, is a new discovery made by two physicians, M. Aubond at Constantinople, and M. Lafond, at Salonica, (in Greece.)—The experiments of those
two physicians, who have never had a correspondence with each other, confirm the idea that Vaccination is a defence against the Plague!—The proofs of the first are that of 6000 persons, vaccinated at Constantinople, not one has been infected with the plague; that children, made to suck the milk of mothers who had the plague, have themselves escaped; that an Italian physician who has devoted himself in Turkey to the study of the plague, thoroughly convinced of the anti-pestilential power of the Cox-Pox, exposed himself in every possible way to persons infected with the plague in a hospital destined for that purpose. They have discovered in the villages round Constantinople the disorder among the cows, and in the hands of those who milk them; that it results from the accounts of these persons, that in their country neither the plague nor the small-pox have raged epidemically, when these scourges have made the greatest ravages in the neighbourhood; that when an inhabitant of those villages has caught the plague in other countries and returned with it to his own country, has died of it or been cured, never has the disorder spread. That finally the confidence of many classes of people, particularly the Americans, in the anti-pestilential power of the cow-pox, is so great, that they annually vaccinate a great number of men, as a security against the plague. The physicians of Constantinople have requested me to make this new discovery public."
PROPOSALS
For carrying the United States mails on the following post roads will be received at the General post office in Washington city, until the 1st day of February next inclusive.
1. From Wilmington Delaware, by New Castle, St. Georgetown, Cantwells bridge, Duck Creek, Dover and Frederica, to Milford, three times a week. May 1, to November 1.
Leave Wilmington every Monday, Wednesday and Friday at 11 a.m. and arrive at Dover the same days by 9 P.M. Leave Dover every Tuesday, Thursday and Saturday at 5 a.m. and arrive at Milford by 10 A.M. Returning—Leave Milford every Wednesday, Friday and Monday at 2 p.m. and arrive at Dover by 8 p.m. Leave Dover every Thursday, Saturday and Tuesday at 3 a.m. and arrive at Wilmington by 2 p.m.
November 1, to May 1. Leave Wilmington every Monday, Wednesday and Friday at 6 a.m. and arrive at Dover by 6 p.m. Leave Dover every Tuesday, Thursday and Saturday at 6 a.m. and arrive at Milford by 11 a.m. Returning—Leave Milford every Wednesday, Friday and Monday at 1 p.m. and arrive at Dover by 7 p.m. Leave Dover every Thursday, Saturday and Tuesday at 6 a.m. and arrive at Wilmington the same days by 6 p.m.
2. From Milford by Georgetown, Trap, Snowhill, Houghtown and Drummond, to Northampton c. h. once a week.
Leave Milford every Tuesday at 2 p.m. and arrive at Georgetown by 6 p.m. and at Northampton c. h. the next Friday by 6 p.m. Returning—Leave Northampton c. h. every Saturday at 6 a.m. and arrive at Georgetown on Monday by 8 p.m. Leave Georgetown on Tuesday at 4 a.m. and arrive at Milford by 11 a.m.
3. From Wilmington by Christianabridge, Middletown, Warwick, Sassafras and Georgetown, to Chesertown Twice a week.
Leave Wilmington every Tuesday and Friday at 5 a.m. and arrive at Chesertown by 8 p.m. Leave Chesertown every Wednesday and Saturday at 5 a.m. and arrive at Wilmington by 8 p.m.
4. From Chesertown by Churchill, Centreville, Queenstown and Kent Island to Annapolis twice a week.
Leave Chesertown every Wednesday and Saturday at 4 a.m. and arrive at Centreville by 10 a.m. and arrive at Annapolis the same days by 8 p.m. Returning—Leave Annapolis every Tuesday and Friday at 5 a.m. and arrive at Centreville by 2 p.m. Leave Centreville at 3 p.m. and arrive at Chesertown by 8 p.m.
5. From Centreville to Easton twice a week.
Leave Centreville every Wednesday and Saturday at noon and arrive at Easton by 7 p.m. Leave Easton every Tuesday and Friday at 6 a.m. and arrive at Centreville by 1 p.m.
6. From Romney by Springfield, Frankfort and Grafton to Cumberland once a week.
Leave Romney every Tuesday at 6 a.m. and arrive at Cumberland by 6 p.m. Leave Cumberland every Monday at 6 a.m. and arrive at Romney by 6 p.m.
7. From Fauquier c. h. by Aquia to King George c. h. once in two weeks.
Leave Fauquier c. h. every other Friday at 6 a.m. and arrive at King George c. h. on Saturday by 6 p.m. Leave King George c. h. every other Wednesday at 6 a.m. and arrive at Fauquier c. h. on Thursday by 6 p.m.
NOTES.
1. The Postmaster General may expedite the mails and alter the times of arrival and departure at any time during
the continuance of the contracts, by stipulating an adequate compensation for any extra expense that may be occasioned thereby.
2. Fifteen minutes shall be allowed for opening and closing the mails at all offices, where no particular time is specified.
3. For every thirty minutes delay (unavoidable accidents excepted) in arriving after the time prescribed in any contract, the contractor shall forfeit one dollar; and if the delay continues until the departure of any depending mail, whereby the mails destined for such depending mails, lose a trip, an additional forfeiture of five dollars shall be incurred.
4. Newspapers as well as letters are to be sent in the mail; and if any person making proposals, desires to carry newspapers, other than those conveyed in the mail for his own emolument, he must state in his proposals, for what sum he will carry with the emolument, and for what sum without that emolument.
5. Should any person making proposals desire an alteration of the times of arrival and departure above specified, he must state in his proposals the alterations desired, and the difference they will make in the terms of the contract.
6. Persons making proposals are desired to state their prices by the year. Those who contract will receive their pay quarterly in the months of August, November, February and May, in one month after the expiration of each quarter.
7. No other than a free white person shall be employed to convey the mail.
8. Where the proposer intends to convey the mail in the body of a stage carriage, he is desired to state it in his proposals.
9. The Postmaster General reserves to himself the right of declaring any contract at an end whenever three failures happen which amount to the loss of a trip each.
10. The contracts for the above routes are to be in operation on the first day of April next, and are to continue in force for one year.
GIDEON GRANGER, Postmaster General. General Post Office, Washington City, Nov. 23, 1803.
A Double Barreil Gun,
WAS taken from a room at Mrs. Johnson's, near the Bank, on Thursday evening or Friday last. The gun is built with gold, and lettered on the barrels with gold leaf. The stock, which has been split at the end, is secured by two silver clasps, and the butt contains a small chamber, which opens by a spring. It is old and has been much used.
Five dollars will be paid to any person returning the gun with a liberal allowance for detecting the thief, if stolen.
W. HOWISON. Nov. 23—3t
District of Pennsylvania, to wit:
BE it remembered, That on the ninth day of May, in the twenty-seventh year of the independence of the United States of America, William Young Birch, and Abraham Small, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit:
"BLACKSTONES COMMENTARIES,"
with notes of reference, to the constitution and laws of the Federal Government of the United States, and of the commonwealth of Virginia, in Five Volumes, with an Appendix to each volume, containing short tracts upon such subjects as appeared necessary to form a connected view of the laws of Virginia, as a member of the Federal union, by St. GEORGE TUCKER, Professor of Law, in the university of William and Mary, and one of the Judges of the General Court in Virginia."
In conformity to the act of Congress of the United States, intitled, "An act for the encouragement of learning, by securing the copies of Maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned;" and also to an act entitled, "An act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of Maps, Charts and Books, to the authors and proprietors of such copies during the times therein mentioned;" And extending the benefits hereof to the arts of designing, engraving, and etching historical, and other prints."
(L. S.) D. CALDWELL, Clerk of the District of Pennsylvania.
The above work may be had at John Marsh's book store, George Town, and of the booksellers in the city of Washington.
November 23—1m
Grocery & Liquor Store.
SAMUEL MINIRE informs the inhabitants of Washington and the public in general, that he has opened a grocery and liquor store at the Navy yard opposite Mr. From's, where he has and intends to keep a supply of every thing in his line of the best quality. He has now on hand, best
Coniac brandy, Imperial tea, Bourdeaux do. Hyson, Holland gin, Young Hyson, Jamaica figs, Hyson skin, Whiskey, etc. Lost, and Madeira wine, very fine brown sugar, for immediate use, Soap and candles, Sherry do. Bacon first quality, Rhen wine, Best Spanish legars, and a variety of other articles all which he intends to sell on the lowest terms for Cash.
N. B. A lot for sale in an eligible situation on the Capitol hill, New Jersey Avenue.
November 4—copy

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 Hills and Dales, 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 701.4 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 83.2 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 H. Lowndes, esq. containing 93.8 acres.
Also, Lot No. 7, in square No. 704, in the City of Washington, being the north-east corner of that square, containing 93.8 square feet.
A further description of the property is considered unnecessary, as persons inclined to purchase will doubtless satisfy themselves by viewing the same. Mr. John Hugh, at present residing in Bladensburg, will show the property, and the terms may be particularly known on application to him, or to
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.
NOTICE.
THE subscribers having obtained from the Orphan's court of Prince George County, letters of administration on the personal estate of Nicholas B. Sandbury, late of said county deceased. All persons having claims against said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscribers on or before the 21st day of June next, they may otherwise by law be excluded from all benefit of the said estate.
ALEXIUS SANSBURY, } Admrs.
JOSEPH SANSBURY, } November 14—w3t
A French gentleman an ex-ile, whose early years were favored by a liberal education, which was improved by literary pursuits for several years, blended with a long, successful series of agricultural experiments upon an liberal scale—is desirous of obtaining by teaching youth, or by engaging in rural affairs combined with the instruction of youth, in classical literature and the French language a decent subsistence—and to this alone he confines his expectations. Possessing a perfect knowledge of the modern theory of husbandry, and having assured himself by practice, in the principles of the rotation of crops—the rearing and feeding of the most useful quadrupeds, the cultivation of the Vine, &c. He presumes that his services in this department alone would be of great advantage to any gentleman in the southern states, who might have occasion for a skillful and faithful superintendent. He demands no compensation, but upon actual proof of his qualifications and utility, in what he undertakes.
Should no agricultural gentleman offer, he will undertake the care of a few pupils to teach them French alone, or the dead languages and French.
A line addressed to the De Chavla care of Mr. Duane at Washington city, or at Philadelphia, will be respectfully attended to. November 14—w3t
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 Ocher, Stone Ocher of superior Patent Yellow, quality, Gold Litage, Turkey Umber, Prussian Blue, 1st and Vermilion, 2nd quality, Best Carmin drop lake, Kings Yellow, Painters Brushes of all Linseed oil and spirits of turpentine, Window glass 10 by 12—8 by 10, and 7 by 8, 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 3. zawtf
In the Case of LUKE SHANNON an Insolvent Debtor
IT is ordered that six months from and after the first day of November next, be limited and appointed for the Creditors to bring in and exhibit their claims to GEORGE ANDREWS of the City of Washington, Trustee, appointed for the benefit of the Creditors of the said Luke Shannon; and that a copy of this order be published once in each week until the tenth day of January next, in the National Intelligencer. By order of William Cranch, Esquire.
URIAM FORREST , Clerk. November 4—taw10J
FOR SALE.
By the subscriber, in order to bring his friends closer together, the following property, viz.
A complete assortment of dry goods, hardware, groceries, in Cumberland Allegany county, Maryland, at present attended to by Aquila A. Browne, Esq.
Also the house in which the store is kept with other necessary houses, and two lots in gardens—for the above property a credit of 6, 12 or 18 months will be given for approved paper.
Also 200 acres of land in Allegany county, on the Little Crossings, and the road leading to Union town and Pittsburgh, some improvements and an excellent sugar camp are on this land.
1116 acres called Recourse, in Allegany county.
110 do. part of Bear Creek meadow.
64 do of Mount Hope.
100 do. called Matthews Lot; a coal mine is on this land.
9 do. called Coal Mine; a coal mine also there.
150 do. three fifty acre lots, no. 82, 1413, 1963.
3rd part of a tract called White Oak Point, in Hardin county, Kentucky.
2000 acres in three surveys, two of 500 and one of 1000 acres.
VIRGINIA.
1000 acres surveyed at an early period and adjoining col. Francis Deakens's lands in Monongahela county.
1800 do. in Randolph county.
The titles to the above property are clear—property in this place will be taken in part pay, and a credit for approved paper given on all.
I have also for sale at my ware house in Water Street between gen. Mason's and Messrs. Jeremiah Williams and Co.
Martinique sugar in hogsheads and barrels. Do. coffee in bags. Sherry and Claret wine. Cette Brandy in huds 4th proof. New England Rum and Whiskey. Coarse Salt. Plaister Paris, and Flour for family u'e.
CHARLES F. BRODHAG. George Town, November 7—6w1w
Ten Dollars Reward.
STOLEN off the Race ground on Wednesday evening last, a likely Sorrell MARE, faddle and bridle; the faddle is about half worn with plated stirrups, and a new bridle; the mare is eight years old, about fourteen hands high. Passes trots and gallops; shod before; the outcuffs of both hind feet a little worn by dragging them when rode; has a small star in her forehead, there is a scar on the off shoulder that resembles the letter T. Whoever delivers the above described mare, faddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and no questions asked. November 14—wtf
SLOUGHTON'S
GENUINE BITTERS. Faithfully prepared at the original warehouse London. TO make any observations here, upon the superior quality of these bitters to any ever offered for sale, is needless; suffice it to say, that they have stood the test of approbation a great number of years.
Gentlemen, who prefer bitters, will find them an elegant and wholesome preparation; and far preferable to the trash generally offered under that name. It is now for the first time, imported in quart bottles, as well as vials, which will reduce the price near one half.
Sold by Rapine, Conrad and Co. Capitol hill, Washington, John March, George Town, Robert and J. Grey, Alexandria, and A. Buck, Fredericksburgh, Virginia. November 7—taw3m
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—taw4w
For Sale or Rent.
A Convenient two story BRICK HOUSE and Lot, situated on the Pennsylvania avenue near the Center Market. Possession will be given the first of March. For terms apply to the subscriber, WM. WOODWARD. November 12—tf
TEN DOLLARS REWARD.
DESERTED from on board the United States frigate Essex, THOMAS WILLIAMS a seaman, about 19 years of age, five feet four or five inches high, pitted with the small pox. Whoever apprehends said deserter and delivers him to captain John Caffin, superintendent of the Navy Yard, shall receive the above reward and all reasonable charges paid.
Also RICHARD DAVISON a seaman from the hospital, belonging to the frigate Congress, dark complexion, about five feet 10 inches high, thick set, November 12—3t
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 Prince's 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 fcythe and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being an abundant flowing 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
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. eptf
All persons having claims or demands of any nature against the subscriber are requested to exhibit their accounts, without delay, to JOHN HEWIT or RICHARD FORREST , Esqrs. of the city of Washington, who are authorized, in my name, to adjust and settle the same; and all persons indebted to me are requested to make payment to either of the gentlemen above named. SAMUEL BLODGETT. March 30. tf
RAPINE, CONRAD & Co.
NEW JERSEY AVENUE.
Have just received the following
NEW BOOKS.
THE life of Lorenzo De' Medici, 3 vol. Denon's travels in Upper and Lower Egypt during the campaigns of gen. Bonaparte in that country, 2 vol. Willich's Domestic Encyclopedia; or Dictionary of facts and useful knowledge, vol. I. & II. for which the subscription is still open—the price will be enhanced to nonsubscribers. The Marriage Promise, a new comedy. Public characters, or contemporary biography, containing the memoirs of the most celebrated personages of this country and Europe. John Bull, or an Englishman's fire side, a new comedy. Tale of Mystery—ditto. Friend of Women, translated from the French. Bossuet's Select Sermons, &c. &c.
N.B.—R. C. & Co. Have always on hand, at moderate prices, writing letter and wrapping papers, quills, wafers, sealing-wax, ink powder, ink and sand stands, pocket books, playing cards, parchment, blank and account books, copper-plate copies, &c. &c.
CHARLES VARDEN,
TAYLOR,
FROM PHILADELPHIA.
HAS received from Philadelphia an elegant assortment of the best quality Superfine Clocks, Cassimeres, Silk florantine, Black and fancy silk moleskin velvet, white & figured Marcellines, Swardowns, Toilingnettes, Velveteens, Fancy cords, Coating, &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. November 8, 1803.
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 Auranet, 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
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 Tabb. Containing 3 rooms and a large pantry on the 1st floor, two on the 2d floor with garret rooms—Piazza and balcony to the south front, cellar and dry well, with an excellent garden—kitchen stable and carriage house, with every other convenience fit for the reception of a genteel family—for further particulars, enquire at the store of Mr. Xaupi a few doors east of Rhodes's tavern, north F street. October 19. tf
FOR SALE,
An excellent second handed
Forté Piano;
The owner being about to remove from Washington, will dispose of it low for cash—Enquire of the printer hereof. November 16—6t
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
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 desirous of patronising 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 controverted 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 December 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&UG:dt
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 Occoquan miles, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, there 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 in the premises. THOS. FOLLARD. Feb. 21st. cp
JUST RECEIVED,
By the UNITED STATES , Capt. Finley from Liverpool, Fall Goods, viz.
Brafs Plate and wire fenders and irons, shovel and tongs, pokers, bellows, coal hods, bell-metal kettles, bras, footmen, knives and forks, plated bridle bits and stirrups, with a variety of faddery, bras ware, kitchen furniture, tools and building materials, &c. HENRY INGLE. Washington, Oct. 28.—epzm.
On Monday next will be published at Duane's Store Pennsylvania Avenue.
BLACKSTONE'S COMMENTARIES, WITH NOTES OF REFERENCE to the CONSTITUTION and LAWS OF THE
Federal government of the United States, and the Commonwealth of Virginia. IN FIVE VOLUMES WITH AN APPENDIX TO EACH VOLUME.
Containing short tracts upon such subjects as appeared necessary to form a correct view of the laws of Virginia, as a member of the federal union.
By St. George Tucker , Professor of law, in the university of William and Mary and one of the Judges of the General Court in Virginia.
A large collection of the most valuable books, and an extensive assortment of stationery will be opened on the same day—Catalogues will be published in the course of the
The highest price will be given in cash for linen and cotton rags in any quantity from a pound to a ton weight—at the above fore. Look-binding, ruled work for accounts—Letter-press and copper plate printing executed—and orders for engraving by the best artists of America executed. November 14—tf
Valuable Land for Sale.
The executors of the last will and testament of Anthony Holmead deceased, will sell at private sale about 1000 acres of Land adjoining the city of Washington at the northern extremity of 20th street west. This land is generally allowed to be one of the handsomest situations near the city, having a beautiful prospect of nearly the whole of the city of Washington, Alexandria and George Town, and any person inclined to purchase this valuable property, will be shown the same, and know the terms by application to the subscriber near the premises. JOHN HOLMEAD. November 11—tf
A. J. VILLARD, Presents his respects to the gentlemen of Washington and George Town, and gives them notice that he has opened a
Coffee & Oyster House,
In the same stile as the one he kept last winter: His rooms are decorated with diverse models of architecture; and a fine collection of engravings for the amusement of the curious. He has different kinds of plays for the recreation of those who will honor him with their visits: He intends to keep all sorts of liquors of the first quality, Martinique cordials &c. &c. Oysters cooked in any manner, so as to suit the palate of the greatest epicure. Two Boarders will be taken. Pennsylvania Avenue opposite the Center Market. November 14—7eop
NOTICE.
ORDERED that Orlando Cook administrator of Nathaniel Goodall deceased, give notice to the creditors of the deceased to exhibit their claims against him by advertisement in the usual form, inserted in a newspaper in the city of Washington twice a week for three successive weeks.
Ordered also that the administrator sell the personal property of the said deceased at public auction—on a credit of sixty days where any purchaser shall buy to the amount of more than twenty dollars; taking bond with security for payment with interest from the day of sale—all sales under the above sum to be for cash. But he shall give fifteen days previous notice of the time, place and terms of sale by advertisement in the National Intelligencer, and also at the most public places in the city of Washington. JOHN HEWITT, Reg. November 4—taw3w
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 undersigned, having taken upon our selves the execution of his said will, and qualified thereto 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 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 25th 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 ladiy.
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, } Executors. WM. ROBINSON , Lees, } AU. BERRY , Port Royal, } September 26. sm
FOR SALE.
ABOUT 2000 acres of land on the East side of the Eastern Branch, and adjoining it, three miles from the city of Washington. Vessels drawing 12 feet water, may load at the landing, where there is a tolerable good fishery.
Near 400 acres of this land is a rich bottom through which there are several streams of water, that turn a mill, erected on the land, and which might be used to advantage, in watering meadows a part of the bottom is now in Timothy grass and the whole is capable of producing grass in abundance, and tobacco. There may be between five and six hundred acres in wood, the rest is cleared land. A part of the land adjoins a commodious brick dwelling house, with all convenient out-houses; and a large and handsome garden, but not in good repair, on the borders of the town of Bladensburg.
This property, so convenient to the city of Washington, which affords a market for grass and all other productions of land, equal to any kind, is in the United States; so certain from its situation to rise in a few years, to a price several times as high as will now be taken for it, well deserves the attention of men of fortune. The whole land including the dwelling house and improvements, and mill, will be sold for 70 pound per acre. It is questionable whether the meadow ground, alone, is not worth all the money; it is certain, that it might easily be made to pay more than the annual interest of the whole purchase. BEN. STODDERT. George Town, Nov. 15—3w