The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-04-10 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. VII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 1012.
FIVE DOLLARS PER ANNUM.
FRIDAY, APRIL 10, 1863.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
FEBRUARY 19.
Debate on Mr. Broom's resolution for the better protection of the writ of Habeas Corpus.
(CONTINUED.)
MR. ELLIOTT. A gentleman from Tennessee (Mr. G. W. Campbell) whom I do not at this moment observe in his place, but will presume that he is attending his duty as a member of the House, and to attract whose attention I will "lift up my voice," in both of his speeches of yesterday certainly entitled the House to some additional, at least to some explanatory remarks from me; and although the House would be very willing to relinquish its right, I cannot, as an individual member, consent to part with my portion of the claim.
In the first place that gentleman seemed disposed to announce to the House that I was not so well versed in the law of treason as himself. He said that in treason all are principals, and of course that there can be no accessories. It is very true. The general principle is correct. It has long been settled as a principle of English law, that acts, which, in felony, would make one an accessory before the fact, in treason, as well as in trespass, render him a principal offender. But there is a humane and liberal principle in the English law upon this subject, which those exclusive republicans who are ready to justify general Wilkinson, by considering the persons accused by him guilty of the actual commission of the crime of treason, either do not know, or are not disposed to adopt. The general principle is subject to this qualification, except in treason touching the death of the king, &c. In every other kind of treason, it is admitted that offences of an accessory nature may exist, and that they are of a derivative character; some act must be done, to which the offender must be accessory, and from which his guilt is derived; some original and principal traitor may exist, to whom another may be considered, in the first instance, as subservient. Although in the event of the prosecution such an offender may be considered as a principal, yet, in his progress towards conviction, which is the case now existing in our own country, he ought, from a principle of natural justice, to be considered merely as in the nature of an accessory, before or after the fact. Otherwise, if the person accused as an accessory, were tried before the person who actually committed the act, the very great absurdity and injustice might result, that the accessory might be convicted, and he who did the act, and from whose guilt alone that of the accessory could flow, might be acquitted. This principle is to be found in Fetter, Hale, and Hawkins, who may be considered as the classical writers upon criminal jurisprudence in Great Britain.
Or the insinuation that I was ignorant of the law, I should, however, have had but little reason to complain. I do not recollect that any one adopted the expression, "champion of the constitution," but myself, and the gentleman spoke of those who announce themselves to the public, as the champions of the constitution and the cause of liberty, merely for the purpose of making a great noise, and of displaying "pictures," calculated to attract the attention, and delude the imagination, of the people. I will not presume, although I could with the gentleman were preferred to give a serious explanation, that he intended to impeach my motives. But something must be said on the subject of pictures and painting. From the extreme difficulty with which the gentlemen managed his metaphor, it was obvious to us all that he was no great proficient in the art. And yet he is unquestionably the very best painter of the particular school to which he happens to belong. There is more animation in his figures, there is more nerve in his attitude, there is more glow in his features, there is more grace even in his coloring, than are to be found in the best productions of his associate artists. We have lately heard and read much of what are called, in the newspaper parlance of the day, a republican majority and a republican minority; of republican majority men, and republican minority men. The gentleman, probably, wishes to be considered as the "champion" and leader of the majority, composed of profound statesmen and logicians, while the minority consists of mere painters and declamatory orators. Be it so. Yet I would not endure, at the rate of ten guineas per cent, which we are told is the price of influence of American property in London, since the publication of the famous imperial decree, the final triumph of
the school of logicians over that of painters.
But I did not arrogate to myself, the distinction of a "champion of the constitution" in the proper sense of the term. It must be within the recollection of all, that I said I was the champion of the constitution; only as every member of the House was bound by oath to be; its defender against usurpation and unauthorized military power.
MR. EPPES said that when on a former day this resolution had been before the House, he had declared himself in favor of committing it for discussion. Discussion however has been had in a different form—the original motion has been withdrawn and the question is now to be taken on the resolution. He agreed perfectly in opinion with the gentleman from Virginia who had said that a postponement of the resolution was in substance a rejection. He should vote for the postponement because he was opposed to the resolution. We have been told by a gentleman from Massachusetts (who on this occasion disclaims all party feelings) that the common law of England is not in force in this country—that the statute of Charles the 2d was not in force in this country; and that to the penalties of this statute the English nation owes the security of this privilege. The gentleman has enumerated the penalties of the statute, and asks whether we are less attached to this privilege than the English nation. We are not less attached to the privilege; our mode of enforcing it is different. In England if the writ is disobeyed it can only be enforced by the fines and penalties of the statute of Charles the 2d.—In this country the judge can call in the aid of the nation to enforce the law. In England the penalties of that statute are necessary to wrest its victims from an executive armed with prerogative and privilege. In England the minister being a conservator of the peace throughout the kingdom, may commit in any part of it. In this country no man can be legally committed or detained in custody but by the civil authority. The penalties of the statute of Charles the 2d never were in force in the commonwealth of Virginia. The judge is subject as under the constitution of the U. S. to the action of the party, to impeachment and removal. Mr. E. said he agreed with the gentleman from Massachusetts in another point, viz. "That the common law of England was not in force in this country, except so far as it has been adopted by the constitution and laws of the U. S. or of the individual states." He for one when brought in jeopardy would never consent to look for his rights either in the immemorial usage and custom of England, or in its statute book. He would appeal to the constitution and laws of his country, and by them alone would he be tried. If by them alone, without the aid of the English law, this right was not sufficiently secured to the citizen, he should be willing to make any additional legal provisions that were necessary. The privilege of the writ of Habeas Corpus is as well secured as any other right under the constitution of the U. S. Freedom of speech—freedom of the press—freedom of conscience—trial by jury stand all on the same foundation. The constitution secures these rights to the citizen, and judges, who ought to be honest, are appointed to protect them. If we are not secure in this right, where, he asked, do gentlemen find the security for any other—can law render more secure a right derived from the constitution?—Or can it be necessary to place this right, important as it is, on a different basis from other rights equally dear to the American people and essential to the existence of a free government. The security for this right is ample, if your judges are honest and independent. The penalties of the statute of Charles the 2d could only add a pecuniary fine to removal from office, as he apprehended no judge could be suffered to disgrace our bench after being subjected to pecuniary fine for denying to a citizen a constitutional right which he is sworn to support.
The recent occurrences at Orleans have been principally relied on to show the necessity of additional provisions for securing this right. Even on this occasion, however, there was no want of power to enforce the writ. The writ was obeyed, the reason of the detention of the persons returned and the return accepted by the court. He agreed perfectly in opinion with the gentleman who thought all the civil officers of the territory implicated in these transactions. They must certainly have had the same ideas of the public danger with the commander in chief, and either approved of or connived at the seizure and shipment of these persons. It is impossible that such an act of power could have been exercised in any part of the U. S. without the approbation of the civil authority of the state or territory. The only instance in which the writ of Habeas Corpus was disobeyed was at Charleston. In this instance it is justified by the principle of the gentleman from Virginia.
[Here Mr. J. RANDOLPH interrupted Mr. Eppes, and said he had not justified the act.]
MR. EPPES continued. If the gentleman from Virginia will have patience he will understand correctly how far it is supposed he has justified this refusal of the officer at Charleston.—He understood the gentleman from Virginia as saying that an inferior officer was bound to obey his superior. The case of captain Murray had been cited. In that instance the law was violated, and captain Murray reimbursed the damages sustained by him on the ground of his having obeyed his instructions.
MR. J. RANDOLPH explained. He said he would ask the gentleman, if because an inferior officer, the commander of a frigate for instance, is justified in obeying the orders of the President touching the construction of an elaborate law, which he can scarcely be presumed capable of expounding, it followed that an inferior officer was to be justified in every possible case in obeying the orders of a superior commander from any other motive than that of self-preservation, in which case he ceases to be a rational being. Does he mean to say that if the officer of a ship of war is justifiable in obeying the President in a particular and minor instance, he would be justified in obeying such orders to elevate him to a dictatorship?
MR. EPPES in continuation observed that he had no wish, and certainly he could have no interest in mistating the ideas of the gentleman from Virginia. He considered the two cases however as varying only in this:—In the case of captain Murray the right of property only had been violated. In the other the personal right of the citizen. Both acts were illegal. Both were a violation of rights secured by the constitution and laws. Mr. E. however thought that gentlemen had mistaken the proper remedy for such a violation of the right of the citizen. No Habeas Corpus law could guard against a case where a citizen was kidnapped and conveyed out of the jurisdiction of a court. A law to operate not on the military only, but on every other person who should without legal authority, arrest or convey from his residence a citizen of the U. S. would be better calculated to embrace such a case. Mr. E. said that having on a former occasion delivered his sentiments on this subject he should not again have troubled the House but from a wish it should be clearly understood that he did not mean to avoid any portion of his responsibility by voting for the postponement instead of a rejection of the resolution.
MR. D. R. WILLIAMS called for the Yeas and Nays.
MR. J. CLAY said before the question was taken, he would mention one or two points, that went to show the necessity of a reference. He understood that one of the persons arrested by gen. Wilkinson had been landed on an island near Charleston, and on the issuing of a writ, the officer had refused to obey it. He would ask whether this was not a violation of the writ of habeas corpus that required a remedy by law? Mr. Clay said, he always viewed it as a matter of regret that questions of this kind should be taken up on party ground. He considered such a suggestion on the present occasion as a mere trap to get a few votes. They were told of the dark times when alien and sedition laws were passed. If, however, under the alien law, men might be deported, gentlemen should recollect that it was according to law—that there was an express statute that justified the measure. Mr. C. said he considered the kidnapping, alluded to by gentlemen, as a gross violation of the privilege of the habeas corpus, and would be glad to know whether sending a man to Baltimore from Orleans were not as gross a violation of principle as sending him from this place to Orleans? Mr. C. concluded by observing, that he considered it a very unfortunate thing for any gentleman of talents to be educated to the bar: so many distinctions were there taken; that a man of his plain mind could scarcely see any thing. He should however adhere to the constitution, and would ask if a military arrest was not a gross violation of it, and whether there ought not to be some exemplary punishment provided to guard against it.
MR. ELMER said he should vote for the postponement of the resolution. It had been under discussion for three days; and he did not perceive they were nearer a result than on the first day. Was it discreet to refer this resolution to a committee, when it was manifest they could not go through the business, without neglecting important business already before them. He should also vote for the postponement, as although three days had been taken up in the discussion, he had not heard any one gentleman give a single reason to show the necessity of any additional provisions. This very transaction, he believed, would ultimately turn out beneficial to the U. S. notwithstanding the arts of ambitious men; it would display such a striking regard of the people to the government of their choice as to prevent any like attempts in future.
Mr. Elmer said he did not know whether gen. Wilkinson was a conspirator, but in this case he did not see that the constitution had been so flagrantly violated. Take the case of a conspiracy against the constitution—to level and destroy the constitution altogether, and directed towards the garrison which Wilkinson commanded, in a remote part of the U. S. distant from any strength to support him. If we consider the question in this view, that the lives and property of the people were at stake, and even the judges engaged with the conspirators, was it improper to take up these men and send them to a place where they could be impartially tried? Let gentlemen, said Mr. C. pass as sanguinary laws as they please, if I considered the judges concerned, and were satisfied there were conspirators within, I would arrest them though death were the consequence; and I am persuaded every officer faithful to his trust, would do the same thing. I admit that in all cases except of the greatest emergency, the military ought to give way to the civil power. With regard, however, to what gentlemen call the and city of sending these people here in the face of the legislative body, I confess I entertain a different opinion. In cases of military arrest I am most afraid of secrecy.—Does not publicity, as far as it goes show a good conscience? Does it not show the wish of the commander in chief, that his conduct should be examined in the face of the nation, conscious that on a full examination, he will appear to have acted as a good officer and an honest man? As I have said before, I do not know that he is honest: I know that he has been charged with being a conspirator, but on this point we have no proof before us.
In the circumstance I have mentioned, it would be the duty of a man to violate the law, and no penalties ought to prevent him. I shall always think it better for one or two men to suffer than the whole nation; and rather to authorize the violation of one part of the constitution, than permit the whole to be overthrown. Let gentlemen put the case of the judges being concerned in this plot, and of a great army coming down, and the effects which might have flowed from not arresting these men. Could the commander in chief have been justified? If he has excited unnecessary alarm, and arrested individuals on light and improper grounds, let him suffer.—In this case it appears that he had the judges on his side. What better could he do to answer the purposes of justice than to send these people to the seat of government? A circumstance that may turn out highly advantageous to the accused.
Unless this temporary violation of the constitution be authorized in a case of extreme necessity, the constitution might be trampled on, and our liberties destroyed; and a civil war ensue.—Suppose Burr had overcome Wilkinson? What then would have been the avail of your writ of habeas corpus?—It would not have been of the least consequence.
Considering all circumstances, I coincide with the gentleman from Virginia in one point—I would make a sweep of all the officers of the territory of Orleans, so that there should be no difference between the governors and the governed. I believe the disaffection that exists there is confined to a few, who wish to raise a clamor for personal purposes. Still for the reasons I have mentioned, I would make a general sweep.
MR. SLOAN. Nothing but imperative necessity can justify a member rising at so late an hour of the day. I promise the House, however, not to take up much of their time. Allusions and insinuations have been made throughout the whole of his speech by the gentleman from Virginia against the commander in chief of the army of the U. S. He has indeed insinuated a belief that he has been concerned in a treasonable combination for some time past. Admit, for a moment, that this is the case; and then let me ask whether there is not cause to rejoice, that he has in this instance deserted his party; let me ask, if in this case it was not in his power, to have carried on a treasonable conspiracy to the ruin of his country? Again—what use is there in throwing out such aspersions, against a man who is not here to defend himself. The whole subject is reduced to this point—was there sufficient cause to justify Gen. Wilkinson in the measures taken by him. I deem it my duty to show the House the inconsistency of the gentleman who has thrown out these insinuations. I shall, therefore, from his own speeches show that he once thought this a matter of considerable magnitude. Here are the expressions as given by the stenographer—
1st. Speaking of the conduct of Spain, it appears to me that she never has lost sight of this object; and I believe she never will lose sight of it so long as she shall find materials to work upon, or a shadow of hope that she will succeed. It appears to me that she has found those materials; that they are of the most dangerous nature; that they are now in operation; & that perhaps, at this moment while I am addressing you, at
least for a time, the fate of the western country may have been decided.
2d. "Is there a man in this House who at this day doubts, that if the government—I mean the Executive and Legislature, had taken a manly and decisive attitude towards Spain, and instead of pen, ink, and paper, had given men and arms—is there a man who disbelieves that not only Spain would have been overawed, but that these domestic traitors would also have been intimidated and overawed, whose plans threatened to be so dangerous?"
3d. "A special or not in the habit of reading our public prints, or of conversing with individuals out of doors, but who should draw his ideas of the situation of the country from the proceedings of this House during the present session, would be led to infer that there never existed in any nation a greater degree of peace, tranquility, or union at home or abroad, than in the U. S. at this time; and yet what is the fact? That the U. S. are not only threatened with external war, but with conspiracies and treasons, the more alarming from their not being defined. And yet we sit and adjourn, adjourn and sit, take things as schoolboys, do as we are bid, and ask no questions."
[Mr. Quincy asked whether it was proper to read the speeches of a gentleman as given by a stenographer—a member may refer to them on his own recollection.]
The Speaker said he was of opinion the gentleman from New Jersey was in order.]
MR. Sloan proceeded—
4th. "I again invite the House to draw a proper inference from the innocent, insulting, outrageous demeanor of the minister of Spain. I did understand that he was to have been deported—slipped off—on the contrary I find him still here; and is not the inference of my friend from Pennsylvania irresistible, that, considering the crowd of memorials presented by him to the government in the case of Miranda, and that no remonstrance has been made against this pretended expedition against Mexico; that he is acquainted with it; that he knows it is ostensibly for Mexico, but really for Orleans—for the severance of the Union."
5th. "Some gentlemen make extremely light of this conspiracy. I cannot, however, conceive, how a man in a state of ignorance respecting its nature or extent can make light of it. The very circumstance of not knowing the extent of danger, has a tendency to magnify it beyond its natural size. But there is one fact, which has come so direct, that it cannot be doubted. I believe it will altogether depend upon the circumstance of the conspirators getting to Baton Rouge before the troops of the U. S. arrive there, whether New Orleans shall fall, and the waters of the Red river are so low, that we cannot decide when our troops will arrive—they will get possession of the ordnance, and nothing can prevent the reduction of Orleans but a pitched battle."
6th. "If I could triumph at the calamitous situation of my country, there is ample cause indeed for triumph."
7th. "No sir, I cannot take a retrospect of the past without feeling a degree of conscious pride that my aid was not given, that I had no hand in the acts of commission or omission that have brought us to this deplorable state of things."
7th. "I believe the militia as adequate to the protection of New Orleans, as the Cape of Good Hope; and after paying fifteen millions for the Mississippi and its delta, shall we be so penurious as not to defend this important point—this key to our strong box."
8th. "But I cannot draw so favorable an inference of the public sentiment in any country, when I see a most extraordinary and ramified combination, composed of the most leading characters, and the most flaming patriots too, for the express purpose of severing the union."
9th. "I do not conceive it to be a thing of yesterday; but an affair of long standing. Look back to the times when the character implicated in this conspiracy first began to move in that country. It was at least cotemporary with the disappointment of his ambition."
Contrast the foregoing with that member's declaration in the debate upon the suspension of the Habeas Corpus, wherein he asserted that Burr's conduct did not merit the name of a conspiracy—it was only a trifling intrigue, that might have been suppressed by the militia of a country; and then in his own language let me ask, "Will logic of this kind go down with the House, or the Nation?"
MR. KELLY said the manner in which the subject had been discussed by many gentlemen could not fail to excite some one of an unpleasant nature. Observations were made which had no relation to the question pending.

only to destroy that harmony and good understanding which ought to prevail amongst the members of the House. He said he had been consulted on the propriety of introducing the resolution under consideration, but if he had, it must have met his approbation. As the subject was interesting, and calculated to secure from its importance a full and dispassionate investigation, there was no reasonable ground to conclude that the friends of the measure would be charged with unworthy motives, or that gentlemen would so far forget the dignity of their station as to indulge in invective, tending to destroy that unanimity which the present aspect of public affairs, and the interest of our common country imperiously required. Mr. K. said, as this mode of treating the subject had been already sufficiently exposed by gentlemen who had gone before him, he would wave further observations on that score, and proceed to what he considered the real merits of the question then under discussion.
Mr. K. said, from the observations which had been made by many gentlemen, a by stander might conclude that the present was an enquiry into the conduct of general Wilkinson, at New Orleans, and the legality of the arrests which had been made there, as well as into the degree of guilt which attached to the several prisoners.
One gentleman from Massachusetts (Mr. Bidwell) had gone so far as to say it was too late in the session to enquire into the transactions at Orleans, as the evidence could not now be obtained: for his part he left out of consideration every thing of this nature as foreign to the subject, the prisoners were to stand trial before a proper tribunal, competent to enquire, and do impartial justice, he would therefore give no opinion respecting their merit or demerit, nor would he undertake to censure or approve of the conduct of the commander in chief, as the circumstances under which he acted were not fully known, and if an investigation before a proper tribunal, that officer could justify his conduct, and shew that the exigency of the times, and the safety of our country demanded the measures he adopted, no man in the House or the community at large would rejoice more than himself at so honorable a result, because he considered it of the utmost importance to the safety of the nation, that those who held high and responsible situations should execute their trusts in a manner so dignified and honorable as to avoid suspicion and command respect. It had been said by a gentleman from Virginia, (Mr. Eppes) that the movers of this measure envied the happiness which the people of this country enjoyed, and were sorry that a conspiracy, the ramifications of which were so extensive, was likely to be checked by the vigilance of our government; he trusted a conduct so profligate could not be ascribed to any gentleman on that floor; for his own part, he said, his conduct and votes bore testimony against so unfounded a charge.
He never counteracted the views of the executive, by withholding his vote when required, for supplies necessary for carrying into effect the views of the government. When money for defence or any other purpose had been required by the executive, it had always the aid of his vote; and he had withheld when the executive did not recommend.
But is it necessary to inquire whether any provision ought to be made by law to secure the privilege of the writ of Habeas Corpus in cases of arrest under the authority of the U. S.? One gentleman (Mr. G. W. Campbell from Tennessee) has said that there is no need of farther provision, and has called on gentlemen to shew wherein the existing provisions are defective. A gentleman from Virginia (Mr. Jackson) has said that it would be narrowing the powers of the court and judges to pass a law on the subject, their powers are so extensive under the constitution.
In order to obtain a right understanding of the subject it is necessary to inquire how this inestimable privilege was secured to the subjects of Great Britain by Magna Charta, the great charter of their privileges, which was extorted from their king by the lords and barons, from king John at Runnemede, and how far the privilege thus secured, was made more effectual by the statute of Charles the 2d, which was called the 2d great charter of their liberties. This writ of Habeas Corpus ad subjiciendum, which was secured by this charter, became a writ of right not less secured to the subjects of that kingdom, than the same is secured to our citizens by our constitution.
We are informed by Sir Wm. Blackstone in his famous commentaries on the English law, that the inestimable privilege of the writ of Habeas Corpus was of early date in Great Britain, almost coeval with the first rudiments of their constitution. The liberty of the subject could not be abridged in any case without special permission of law, although some times impaired by the usurpation of princes and the ferocity of particular times. It was however established on the firmest basis by the provisions of Magna Charta, and a long succession of statutes under Edward the 3d, and was recognised by the crown in several after reigns. And it will hardly be contended that this privilege is better secured to the citizens of the U. S. by our constitution than the same was secured to the subjects of the British crown by the provisions of Magna Charta. Yet abuses had crept into daily practice in England, which had in a great measure defeated this great constitutional remedy. The flagrant abuse of power by the crown generally produced a struggle which discovered the exercise of that power to be contrary to law, or restrained it
for the future. An obscure individual gave birth to the famous Habeas Corpus act in the reign of Charles the 2d, which was justly called another Magna Charta of the kingdom. Francis Jencks was committed by the Council Board for a turbulent speech made at a common hall assembled at Guild Hall, for the purpose of choosing officers. He applied to the then Lord Chief Justice Kaimsford for a habeas corpus, who alledged that he could not grant the writ in vacation. The friends of the prisoner afterwards applied to the Lord Chancellor, who said the King would not grant it without a petition; application was afterwards made to the Court of Quarter Sessions to have him bailed; the court said there was no such name in the calender; upon application to the Jailor, he said he never returned any man committed by the Council Board. When a copy of the commitment was obtained, the Jailor evaded making proof of it by going away, as was believed with the privy of the court; at length the commitment being established, the court doubted their power to act, when the Lord Chief Justice and Lord Chancellor had refused, the court took time to consider the application until next term. A petition was afterwards presented to the Lord Chancellor, who also took further time to consider; at length the Lord Chief Justice, upon the matter being suggested to the King, issued a habeas corpus and the prisoner was discharged. To prevent similar abuses in future was the famous habeas corpus act passed, which regulated the mode of proceeding upon writs of habeas corpus, and fully insured its benefits and provisions to the subjects.
The several courts were designated, who were authorized and enjoined to issue the writ, and the power extended to certain judges out of term time. The Jailor was bound in a given space of time to furnish a copy of the commitment, under penalty; the court or judge to make the writ returnable as soon as the distance of the party to be brought up would admit, under severe penalty—provision was made that the party should not be removed from place to place to evade the writ, that he should not be transported, &c. Many provisions were made to insure the full effect of the privilege of the writ, and that the prisoner on hearing of his case might be discharged, admitted to bail, or remanded to prison according to law and the nature of his crime, thereby conforming the proceedings on this writ to the true standard of law and liberty. It has been said on this floor that the provisions of this statute extend to this country, and the courts are bound to obey them. This doctrine can never be advanced by any gentleman understanding the subject. Some of its provisions may be adopted by practice, but no gentleman will seriously contend that the penalties under that statute would be inflicted here without a positive law to put them in force. If then it was necessary in England to secure by statute the great constitutional privilege of the subject against illegal imprisonments at the instance of the crown, surely in this land of liberty the reason holds with equal force; and that a law regulating the proceedings on this writ in courts of the U. S. is necessary, must strike every mind present with irresistible force, when we see the highest and most respectable tribunal in the U. S. hearing counsel several days in order to ascertain their powers to issue the writ in the cases now pending before them. A gentleman from Virginia (Mr. Eppes) says that the constitution has secured the right of the writ of Habeas Corpus, and in the same manner has secured the trial by jury. The gentleman could not have stated a stronger case to prove the necessity of a law to regulate the proceedings under the writ. What good purpose could the guarantee of the trial by jury answer to the citizens of this country if there was no law constituting and organising courts, and regulating the manner in which the trials shall be had? Without this provision in the constitution would be unavailing & a dead letter. To designate the courts who shall have power to issue the writ and clearly to regulate the proceedings thereon, and secure its salutary effects is the object of the present resolution. Under every view of the subject the reasons for a law of the U. S. securing the privilege of the writ of Habeas Corpus ad subjiciendum, were strong and unanswerable. He therefore hoped the question would not be postponed, but that the subject might go to a select committee, who would have sufficient time to report a bill giving full efficacy to the writ of Habeas Corpus, in order to secure the liberty of our citizens and prevent abuses in future.
Mr. J. RANDOLPH. When you recollect, Mr. Speaker, the seriousness of the charge preferred against me by a member of this House, and the high quarter whence that charge comes, you may, perhaps, wonder at my audacity in daring again to address you. It is indeed a charge of a most serious nature, and made too by no ordinary person, by a gentleman who acts a most conspicuous part on this floor, a leading member of the majority of the House, and such as really makes me afraid that I shall be considered as pleading guilty if I say nothing. For how can I venture to go home, and meet my constituents after having been denounced by such high authority—Upon my soul, Sir, I am so much affected by the danger of my situation, & the peculiar circumstances of the case, that I can scarcely go on with my remarks. But it is necessary for me to state, not merely for the information of the House, but likewise for the good people of the U. S. that against all the reports of the speeches ascribed
to me for twelve months past I protest. I protest as much against them as against certain other reports of speeches delivered on this floor—On this occasion as the gentleman has seen fit to read a part of those speeches I presume they will have the honor of passing to a new edition. But it will be my misfortune that the people who shall read them will not have the advantage of the members of this House—that they will not have a fac simile of their delivery, and that what they have suffered from the inaccuracy of the reporter will not be made up by the accuracy of their recollection.
[The Reporter would be wanting in that duty which he owes to himself and to truth, not to notice this protest. In his turn he protests, that so far as respects the reports given by him, they have been invariably impartial, and as he believes, in all respects substantially correct. In the discharge of this branch of duty he feels a pride in having in no instance whatever felt either personal or party bias, and a high satisfaction in the conviction that every man who knows him will attest the correctness of this declaration. So much for this protest generally. Considered as applicable to the particular speech delivered by Mr. Randolph and quoted by Mr. Sloan, the Reporter has the same confidence in its correctness as to every important sentiment advanced by the Speaker—a confidence, which if it needed confirmation, has been amply confirmed by the unsolicited assurances of many members of the House of Representatives, of all parties, that it was as accurate a report of a speech as they had ever seen.]
Mr. NEWTON said he wished to amend the resolution, by inserting the word "appellate" before the word "power."
The Speaker said the resolution could not be amended, while a motion for indefinite postponement was depending.
The question on indefinite postponement was then taken, by yeas and nays, and carried—Yeas 60—Nays 58—as follows:
Yeas. —Messrs. Alston, jun. Anderson, Bard, Barker, Bidwell, Blake, jun. Blount, Brown, Chandler, Conrad, Cook, Covington, Cutts, Darby, Earle, Early, Elmer, Eppes, Findley, Fisk, Goodwyn, Gregg, Green, Halsey, Hamilton, Helms, Holland, Jackson, Lambert, Mac Farland, Magruder, Masters, M'Creery, N. R. Moore, Jer. Morrow, Mumford, Porter, Pugh, Rhea, (Tenn.) Sailly, Schuneman, Seaver, Sloan, Smelt, Smilie, S. Smith, Southard, Stanton, D. Thomas, Tracy, Van Cortlandt, Varnum, Verplanck, Walton, J. Whitehill, R. Whitehill, Wickes, N. Williams, Winston, and Wynns.
Nays. —Messrs. Alexander, Archer, Basset, Bedinger, Betton, Bibb, Broom, Burwell, Chittenden, Claiborne, Dana, Davenport, jun. Elliot, Ellis, Ely, Garnett, Goldsborough, Gray, Hastings, Holmes, Hough, Jones, Kelly, Kenan, Lewis, jun. Livingston, Lloyd, Lyon, Marion, Meriwether, T. Moore, J. Morrow, Mosely, J. Nelson, R. Nelson, Newton, jun. Quincy, J. Randolph, Rea, (Penn.) Richards, Russell, Sammons, Sandford, J. Smith, Stanford, Stedman, Taggart, Tallmadge, Tenney, P. R. Thompson, T. W. Thompson, Trigg, Van Rensselaer, Wadsworth, D. R. Williams, M. Williams, and Wilson.
PENNSYLVANIA LEGISLATURE.
April 3. On Monday Dr. Leib, chairman of the committee of enquiry, made the following report, which was made the order of the day for Thursday (yesterday.)
REPORT. The committee to whom was referred several petitions from a number of citizens of the city and county of Philadelphia, praying an enquiry into the official conduct of Thomas M'Kean, governor of this commonwealth, and a resolution to report whether the said Thomas M'Kean hath so acted in his executive capacity, as to require the interposition of this House: submit the following report—
That notwithstanding the shortness of the time allowed them and the consequent narrow range of enquiry, they have been enabled to ascertain the following facts, viz.
1. That the governor did premeditatedly, wantonly, unjustly, and contrary to the true intent and meaning of the constitution, render void the late election of a sheriff in the city and county of Philadelphia.
In having refused, through the secretary of the commonwealth, to permit Judge Wolbert, the candidate highest on the return, to come into his presence, when he arrived at Lancaster, to tender his bond and that of his sureties with the certificate of the judges.
In having issued a commission with a blank for the names of the commissioners, to his son Joseph B. M'Kean, who inserted the names of commissioners, who were to take the testimony, and afterwards appeared as counsel for Wm. T. Donaldson, the adverse candidate.
In having rendered void the election, when there was an actual majority of forty nine votes in favor of Judge Wolbert, after deducting from his poll all the illegal votes.
In having deducted from Judge Wolbert's poll, four votes given, to W. T. Donaldson.
In having declared twenty six free men and citizens to be unqualified voters who were duly qualified, and having subtracted their votes from the poll of Judge Wolbert.
In having deducted eleven votes from Judge Wolbert's poll without
any evidence of the voters having voted for sheriff.
In having declared eight doubtful votes to be ill. l. l., and having subtracted them from Judge Wolbert's poll.
In having declared seven votes to have been illegally rejected, when only three legal votes had been refused, and in having deducted those seven votes from the poll of Judge Wolbert.
In having in certain cases declared votes to be illegal, which had been given by the sons of qualified citizens, between the age of twenty one and twenty two years, whose fathers had died more than two years before the election; and in another case having decided that a vote of the same character which had been offered for W. T. Donaldson and had been refused, to be a legal vote, and having subtracted it from the poll of Judge Wolbert.
Second. That he the said Thomas M'Kean usurped a judicial authority in issuing a warrant for the arrest and imprisonment of Joseph Cabrera; and interfered in favor of a convict for forgery in defiance of the law and contrary to the wholesome regulations of the prison in Philadelphia, and the safety of the citizens.
By sending for the keeper of the prison, and directing him to permit any victuals, bedding or clothes, that might be sent to this convict to be given to him, although he had been sentenced to two years imprisonment at hard labor, and to be fed and clothed as the law directs.
Third. That contrary to the true intent and meaning of the constitution, and in direct violation of it, he did appoint Dr. George Buchanan, Lazaretto physician of the port of Philadelphia.
By granting him a commission as an officer within the county of Delaware, three or four days before his arrival in this state, although he had been a citizen of Maryland about seventeen years, immediately preceding his appointment.
Fourth. That under a precedent acknowledged to have been derived from the king of Great Britain, and contrary to the express letter of the constitution, did he suffer his name to be stamped upon blank patents for lands, warrants on the treasury, and other public official papers, and that too out of his presence.
Fifth. That contrary to law he did supercede Dr. James Reynolds as a member of the board of health.
By the appointment of Dr. James Hutchinson before the expiration of the year designated in the law as the tenure of his commission, and which was so expressed in the commission itself.
Sixth. That contrary to the obligations of duty and the injunctions of the constitution, did he offer and authorize overtures to be made to discontinue two actions of the commonwealth against William Duane and his surety, for an alleged forfeiture of two recognizances of one thousand dollars each, on condition that William Duane would discontinue civil actions against his son Joseph B. M'Kean and others, for damages for a murderous assault committed by Joseph B. M'Kean and others, on William Duane.
From even this limited enquiry, the committee are led to the conclusion, that the governor considers the constitution, and the laws, as mere instruments of executive convenience, and of so ductile a character as to be moulded into any shape at the suggestion of passion, ambition, or interest. The examination by the commissioners, and the judgment of the governor, upon the testimony taken by them, must be considered a novelty in the principles of evidence. The petitioners complained of an unfair election, and according to the rules of common sense, if not of common law, they ought to have proved affirmatively, that the election was illegal. Negative testimony to invalidate an election, by which the honor, and the integrity of the officers of the election may be impeached, and they become subject to punishment, as well as the rights of suffrage jeopardized, could never have been admitted by any judge, who was not predetermined to render such election void; and yet the election of a sheriff for the city and county of Philadelphia, was set aside upon ground no better, and truly upon ground much worse. The committee have had before them, all the testimony upon which the governor founded his judgment, as well as the list of illegal votes made out by his order, and they hesitatingly affirm, that there was no shadow of cause, to render void that election. The governor it seems, could not make up his list with the votes which he supposed to be illegal, and thereby cover the majority of Judge Wolbert; but to reach his object (the setting aside the choice of the majority) he even added thereto votes not given at all as legal votes given, and votes actually given to W. T. Donaldson. The avoidance of an election, under such circumstances, furnishes a melancholy testimonial of the insecurity of our rights, under the administration of the present executive magistrate. The rights of the people, of the city and county of Philadelphia, have been grossly violated and trifled with; and scarcely a veil of the texture of a cobweb, has been thrown over the unjust judgment of the governor, to render void their election and their choice.
The terms of the governor's judgment are, that "ninety one illegal votes were received and seven legal votes in favor of W. T. Donaldson were rejected;" whereas it appears from the testimony that only 42 bad votes were received, and three legal votes, which would have been given to W. T.
Donaldson were rejected. The majority in favor of Judge Wolbert was ninety four, and subtracting from his poll all the illegal votes and the legal votes which were refused, leaves him a majority of 49 votes.
It appears from the testimony taken by the commissioners, and the terms of the governor's judgment, that no question was made as to the legality of Matthew Lawler's election, and that the governor predicated his judgment upon the assumed want of an actual majority for Judge Wolbert, or W. T. Donaldson; it must therefore be evident that the judgment was founded upon unjust data, and in dereliction of every constitutional and legal principle. It was grounded upon a false assumption that ninety one illegal votes had been received, and several legal votes had been rejected, whereas an examination of the testimony will prove demonstratively, that only forty two votes proved to have been illegal, were received, and three votes proved to have been legal, were rejected.
But what will be said, when the glaring injustice is made known, that the governor deducted four votes from the poll of Judge Wolbert, which the witnesses themselves, upon oath declared, they had given to W. T. Donaldson! Not only were all the votes that were illegal subtracted from the highest candidate of three; but even legal and doubtful votes were subtracted likewise; and to consummate the injustice, the votes actually given to W. T. Donaldson were added to the list of reduction!
The committee would here ask, what security have the people of Pennsylvania for their rights, should such proceedings pass unpushed! What is the use of constitutional provisions when the executive power can be transferred into the hands of a nephew or a son, and that such an executive substitute can name commissioners to take testimony to invalidate an election, and afterwards appear as counsel (before the same commissioners) for the contending candidate!
The prohibition of the constitution, that "a sheriff shall hold his office three years, and shall not be chosen or appointed twice in any term of six years," may by such a process be rendered completely nugatory; and a favorite and profligate sheriff may continue in office as long as a governor holds his place, and the incumbent will remain the pander of executive appetite or vengeance.
By the laws of this commonwealth, the mayor and two aldermen of the city of Philadelphia, and two justices of the peace of the county of Philadelphia, are authorised to appoint inspectors of the prison; and the inspectors so appointed, are authorised by law, "with the approbation of the mayor, two aldermen of the said city, and two judges of the supreme court, or two judges of the court of common pleas of the county of Philadelphia, to make rules and regulations for the government of all convicts confined in the said prison, not inconsistent with the laws and constitution of this commonwealth, and to prescribe their allowance of provisions ascertaining the quantity by weight and measure and not by price." The inspectors are further authorised to appoint the keeper of the prison, and he is bound to carry the rules and regulations for the government of the convicts into effect: but in express violation of the law, and in direct repugnance to the rules and regulations established by the inspectors, did the governor send for the keeper of the prison, and direct him to contravene the established rules. The constitution gives to the governor the power of pardoning criminals, but it conveys no authority whatever to constitute himself an inspector or gaoler—neither does it authorise him to contravene the laws, nor to give directions to the keeper of a prison to violate both law and duty. The consequences of such an interference, in favor of convicts, are incalculable; not only as they relate to the criminals themselves but to the citizens. The establishment of such a precedent must tend to loosen the restrictions, by which those depredators on society are made to atone for the injuries done by them, and to furnish them with means to overcome the restraints under which they labor, as well as to elude the penalties of the law. They may thereby be enabled to conspire to effect their enlargement, to attain means to secure it, and society become thus exposed to all the mischiefs of encouraging a band of ruffians, and letting them loose again to depredate upon the commonwealth.
The appointment of a citizen of another state to an important and responsible office in this, not only conveys a bitter sarcasm upon the qualifications of our own citizens for office, but is in total disregard of the provisions of the constitution. The lazaretto physician resides within the county of Delaware, and the constitution emphatically declares "that no person shall be appointed to an office within any county who shall not have been a citizen and inhabitant therein one year next preceding his appointment, if the county shall have been so long erected."
Dr. Buchanan had been an inhabitant and citizen of Maryland seventeen years preceding his appointment, and the commission under which he acts, bears date on the 4th of July, 1806, three or four days before his arrival in this state. The constitution forbids any person from exercising the elective franchise, unless after two years residence, and the payment of a state or county tax; even the non payment of a tax a few days beyond the two years, was held by the governor to be a disqualification; and yet a person not a citizen at all, who had manifested no interest

in, or attachment to the state, either by residence or contribution, was appointed to a lucrative and important office. No person can administer the office of a constable without the previous qualifications of citizenship; and yet, an office of far greater responsibility and interest, and which involves the safety, the property, the health and the lives of the citizens of the city and county of Philadelphia, was conferred by the governor upon a stranger, because he was his son-in-law, as much an alien to our constitution, as if he had been imported from Siberia.
The fashion which has been introduced by the governor, of having his name stamped upon the evidence of property, by means of a fac simile, and that too before they were completed by the proper officers, and passed through the necessary forms, is calculated to produce endless strife and contention, and to render uncertain the tenure of property conveyed by the state and for which it has received a valuable consideration.
The evil cannot be considered as trifling, when we reflect, that warrants on the treasury and the laws of the commonwealth have been subject to the same unconstitutional process of verification. It is ascertained by the committee, that the name of the governor has been stamped upon public papers requiring his signature, and that too out of his presence; nay, so far has this practice been carried, that the judgement of the governor, rendering void the late election of a sheriff for the city and county of Philadelphia, was never seen by him, either before, or after his name was annexed. It can scarcely be necessary for the committee to enumerate the frauds, and the mischiefs, and the difficulties, which must result from a practice so repugnant to the constitution. The policy of his fac simile becomes the governor to a certain extent, and instead of the wholesome restraints of the constitution and the laws upon imposition and fraud, the interests of the commonwealth, as well as those of its citizens may be jeopardized by an usurper of the governor's fac simile. The constitution requires, that the governor shall "sign" all bills, which shall have passed both houses, if he approve them; and by what mythical interpretation, a stamp of his name, impressed by another hand, can be made to comport with the injunctions of the constitution, must be left to those casuists to determine, who are skilled in the scenery and legerdemain of royal government.
The removal of Dr. James Reynolds from the office of a member of the Board of Health, the committee conceive to be a palpable infraction of the law which created the office. The constitution recognizes a tenure of office during good behavior, and its silence on the subject of offices, not held during good behavior, or for a specified term, has led to the conclusion, that they are to be held during the pleasure of the governor; and upon this construction has the tenure during pleasure been established. The law creating the office of a member of the Board of Health, specifies the tenure of office to be for one year, and the commission of the governor is in accordance with the terms of the law; and to exemplify the governor's own sense of the law, the usual phrases, which accompany a commission during pleasure are erased from the commission; leaving no doubt of the governor's own conviction, that the tenure of office of a member of the Board of Health was not during the pleasure of the governor, nor the commission revokable by him.
The compromise offered by the governor to William Duane, is of a character truly dark and alarming. The outrage committed by his son Joseph B. M'Kean and others, upon Mr. Duane, transcends any thing in baleness and barbarity, ever perpetrated among us by men pretending to the honor of a soldier. After having beaten & bruised him until he was lifeless, they raised him from the earth on which he was prostrate, that one of them might again knock him down; and the heroes of our constitution and laws, finished their murderous assault, by whipping the lifeless body of a man, they had rendered lifeless by previous barbarity. For this inhuman treatment, Mr. Duane appealed to the laws of his country, and from them expected a redress of his wrongs. On a charge of an intention to commit a breach of the peace, Mr. Duane had been previously arrested, and was held to surety of the peace; and under a pretext that he had been guilty of a breach of the peace, and a consequent forfeiture of recognizance, by the publication of certain paragraphs in the Aurora, charged to be libelous, he and his surety were summoned by the then attorney general to answer for the amount of their recognizance. Mr. Duane had instituted actions for damages against Joseph B. M'Kean, and some of his coadjutors, & to relieve his son and those concerned with him from the penalty of the law, the governor offered to discontinue the suits of the commonwealth against Wm. Duane and his surety on condition that Mr. Duane
would withdraw the actions against his son J. B. M'Kean and his associates. Need the committee make any comment upon a proposition to commute an outrage so flagitious and unprecedented, & by a governor constitutionally enjoined to see the laws faithfully executed?
From the preceding facts, your committee are compelled to declare that however unwilling they might be to arraign the chief magistrate upon charges trivial and unsubstantial, when the fundamental principles of our constitution are invaded, it would be treason against the public liberty, and a disgraceful abandonment of public duty not to demand the punishment of the aggressor. Public station ought to render no man inviolable, and the greater the trust, the more rigid should be the responsibility. If your laws justly punish a man for petit larceny, surely he ought not to escape the penalty of his bond, who assaults the vitals of our constitution. Even ignorance of the law is held to be no excuse for transgression; but where knowledge illuminates the path of the public functionary, how much greater is the guilt of his sinning against conviction?
"Crimes," said the enlightened and humane Beccaria, "are only to be measured by the injury done to society, they are, therefore, who imagine that the crime is greater, or less, according to the intention of the person by whom it is committed; for this will depend on the actual impression of objects on the senses & on the previous disposition of the mind; both which will vary in different persons, and even in the same person at different times, according to the succession of ideas, passions, and circumstances. Upon that system, it would be necessary to form not only a particular code for every individual, but a new penal code for every crime. Men often with the best intention do the greatest injury to society, and with the worst do it the most essential service." If then the principle be correct, that crimes are only to be measured by the injury done to society, he surely must be guilty of the greatest crime, who depredates upon the great charter of rights. The infraction of law, which embraces the case of an individual, must be considered truly venial, when contrasted with the violation of a constitution, upon which depends the fate and happiness of a whole community.
The committee deem it superfluous to sustain the resolution which is submitted by an appeal to the patriotism or the intelligence of the house. They are aware, that they are anticipated by its judgment and its integrity. The facts speak so loudly for themselves, that the feeble voice of the committee cannot be raised to reach their tone. Justice and the public welfare demand punishment. Do we desire to preserve our constitution in its letter and spirit? Then punish the infraction of it. Do we desire the government of laws, instead of that of the will of a public functionary? Then make him amenable to justice who dares to substitute his will for that of the laws. Do we desire to preserve our republican institutions? Then permit no man to trample upon them with impunity. Do we hold the right of electing our public functionaries to be the essence of free government, and its exercise to be dear to the freemen of Pennsylvania? Then render him constitutionally accountable, who by an arbitrary fiat has laid it prostrate. Do we consider virtue as the vital principle of republican government? Then punish the officer who attacks republican virtue in her citadel; who, in disregard of public sentiment and public duty; and in defiance of solemn obligation, treats the people as his patrimony, and their rights as his inheritance.
Under a sense of imperious duty, and the solemnity of the obligation under which they act as representatives of the people of Pennsylvania, and from a conscientious conviction, the committee offer the following resolution, viz.
Resolved, That Thomas M'Kean, governor of this commonwealth, be impeached of high crimes and misdemeanors.
The very severe and tempestuous weather which we have experienced for several days past, and the disastrous consequences which have been produced upon our coasts, have become almost the sole topics of common conversation. As it may be gratifying to some of our readers to compare the present season with the last, we publish the following notes made by a friend at the time:  From 20th Feb. to 1st March, very mild; some shad taken; vegetation strong.  From the beginning of Feb. to the 17th, weather very moderate—navigation open.  19th. Oppressively warm.  20th. Very mild. A shad was brought to market.  From 1st to 18th March, very cold—The wind blew from the N. W. for 19 days, vessels suffered much on the coast, no advice then from England later than the 19th Dec.  20 March, an arrival at New York with advices to 1st Feb.  24 March a snow storm.  25 do. snow.  26 do. Dorothea below from Canton. From 25 do. to 5 April very cold and disagreeable winds N. W. and N. E. April 9, 10 and 11 very cold, violent N. W. wind.  13 April, no vegetation, peach and plum supposed to be destroyed.  13 April to the 31 May, cold and dry weather.  [U. S. Gazette.]
WASHINGTON CITY.
FRIDAY, APRIL 10.
DIED, on Wednesday last, in his 50th year, JOHN BECKLEY, Esquire, Clerk of the House of Representatives of the United States. He was born in Great Britain; but, when only eleven years old, came, under the protection of his uncle, to this country, where he has continued to reside ever since.
Our contest with Great Britain no sooner began to unfold itself, than, yielding to the most ardent impulses of patriotism, he took an active part in it, and assumed the discharge of duties full of responsibility and danger, and particularly those of the Mayorality of Richmond, a place assigned him, notwithstanding his youth, by the confidence of his fellow-citizens, and at a period when the British army was overrunning the state of Virginia.
Having been educated to the bar, he pursued that profession with reputation, so far as various public duties admitted, until the organization of the General Government, when he was chosen Clerk of the House of Representatives, a place which he filled with rare, perhaps unprecedented distinction, with the intermission of a term of two years, until his decease. His articulation was distinct, his elocution commanding, and his parliamentary knowledge accurate and extensive. But his highest distinction was his inflexible patriotism, & adherence to republican principles. Through the whole period of his life he pursued an unbending course. Devoted to the cause of liberty, much of his happiness flowed from its triumphs; and the zeal, which prompted him in the ardor of youth, to resist external tyranny, remained unabated, during the more mature period of life, against internal oppression.
DIED on the 5th inst. in this city, J. W. PRATT, Esq. late deputy marshal of the District of Columbia.
APPOINTMENTS, made by and with the advice and consent of the Senate.
Brockholst Livingston, of N. York, an associate justice of the Supreme Court of the U. S. in the room of Wm. Paterson, deceased.
William Hull, governor of Michigan, a commissioner to treat with certain Indian tribes in the vicinity of Detroit.
William Henry Harrison, of Indiana, governor of Indiana.
Eli Williams, of Maryland, a commissioner for the road from Cumberland to Ohio.
Joshua Lewis, of Kentucky, one of the judges of the territory of Orleans, on the resignation of John B. Prevost.
Walter Leake, of Virginia, one of the judges of the U. S. for the Mississippi territory.
John Coburn, of Kentucky, one of the judges of the U. S. for the territory of Michigan.
Michael McClary, of N. Hampshire, marshal of New Hampshire.
Peter Caurtenius, of New York, marshal of New-York.
Peter A. Schenck, of N. York, now surveyor of the port of New York, inspector of revenue for the same.
John Barnes, of the territory of Columbia, collector and inspector for the district of Georgetown.
Willis W. Parker, of Virginia, now collector of the port of South Quay, inspector for the same.
John Page, of Virginia, commissioner of loans for the state of Virginia.
James Taylor, of North Carolina, collector and inspector for Ocracoke.
William Dunham, of Georgia, surveyor and inspector of Darien, in Georgia.
Edwin Mounger, of Georgia, collector for the district of Savannah.
John Lovell, of Orleans, who is surveyor of the port of New Orleans, inspector for the same.
James Lovell, who is surveyor of the port of New Orleans, inspector of the revenue for the same.
Thomas Nicholson, of Maryland, who is collector of Chestertown, in Maryland, inspector of revenue for the same.
Jeremiah Clarke, of Massachusetts, collector for the district and inspector of the revenue for the port of York in Maine.
John Linton, of Virginia, collector for the district, and inspector of the revenue for the port of Dumfries in Virginia.
Jules Poydras, of Orleans, member of the legislative council of Orleans.
Seth Pease, of the territory of Columbia, surveyor of the public lands of the U. S. south of Tennessee.
Edmund Blount, of North Carolina, marshal of the district of N. Carolina.
Frederick Bates, of the territory of Michigan, secretary for the territory of Louisiana, and recorder of land titles in the same territory.
Pierre Foucher and James Mather, senior, of the territory of Orleans, members of the legislative council of Orleans, to supply the places of Messrs. Detrehan and Saive resigned.
George Johnson, of New York, consul for the U. S. at Glasgow, in Great Britain.
Thomas Gamble, of Pennsylvania, consul for the U. S. in the island of Santa Cruz.
Maurice Rogers, of Pennsylvania, consul for the U. S. at St. Jago de Cuba.
John B. Dabney, of Massachusetts, consul for the U. S. at Faya.
Edward Carrington, of Connecticut, consul of the U. S. at Canton in China.
Coal is actually worked in forty-seven departments of France, and indication of its occurrence have been traced, in fifteen others. The yearly produce from the mines of thirty-four departments has been estimated at 77,600,000 quintals. More than 60,000 individuals earn their subsistence at the French collieries.
Baltimore, April 8.
Captain Gorham, of the fct' Federal Republican, arrived at Boston, on the 25th ult. from New Orleans, spoke on the 24th February off the Dry Tortugas, the ship Thomas captain Charles of Philadelphia, from Jamaica for New Orleans, who informed that a fct' with dispatches from Mr. BURR, had arrived at Jamaica.
PROCLAMATION
By the Chief of the Government of Hayti.
The numerous abuses which have taken place in the different branches of the government, particularly in the custom house department, have obliged me to take rigorous measures to repress them. The notices which I have given to these hardened and faithless officers, have not brought them to their duty; and my kindness towards foreigners, who came to trade in our ports, has only served as an incentive to their fraud.
It is therefore necessary to adopt severe measures, in order to remedy these abuses, which have deprived government of its resources.
Consequently, to put a stop to such dilapidations, I do order as follows:
1. Every Haytian or foreigner, convicted of having fraudulently endeavored to land or take on board any goods, with a view to avoid the payment of duties, shall be condemned to be hung, and his effects confiscated to the use of the state.
2. Every officer, convicted of having lent a hand to such fraud, shall be condemned to be hung, and his effects confiscated to the use of the government.
3. Every person convicted of having fraudulently embarked or debarked, from one vessel to another, any merchandise, shall also be condemned to be hung, and his effects confiscated.
4. The custom house officers in particular [and the other officers of the government] are charged with the execution of the present order; and they shall be considered as accomplices in all offences of this nature, of which they shall not inform.
The present proclamation shall be printed, read, and affixed to the doors of the different custom houses, &c.
Given at the head quarters, at the Cape, the 30th January, 1807, the fourth year of Independence.
Chief of the Government. HENRY CHRISTOPHE. By his Excellency, the Secretary of the Government. ROUANEZ, junior.
In Chancery, March 30, 1807.
On the petition of the Executors of Francis Deakins respecting his claim to a part of the proceeds of certain property in the District of Columbia heretofore sold by a decree of this court, in which the said Francis Deakins, Thomas Sim Lee, the heirs of Peter Catenave and the Commissioners of the city of Washington were interested and on which the auditor has made his report. It is ordered that the said report will be considered and acted on (as far as it respects the claim of the said Francis Deakins) at any time after the 5th day of May next: Provided a copy of this order be inserted in the National Intelligencer once in each of three successive weeks before that time.
True copy, Test SAML. H. HOWARD, R. C. C. April 10—wjt
NOTICE.
In pursuance of a law of the Corporation of the city of Washington, directing the improvement of the Public Burial Grounds, PROPOSALS will be received by either of the subscribers, until the 1st day of May next, for furnishing the following materials; by the 1st day of June next, viz:
 144 red cedar posts, 8 feet long, and not less than 8 inches diameter at the smallest end  6 do. 12 feet long, and not less than 12 inches diameter at the smallest end.  750 best split chestnut rails, 11 feet long, not less than 7 inches wide, and not less than 3 inches thick at the thickest edge. 
The above to be delivered on the Wharf, on the Tyber creek near the theatre, or on square No. 109 near Mr. Hollmead's.
191 red cedar posts, 8 feet long, and not less than 8 inches diameter at the smallest end.
6 do. 12 feet long, and not less than 12 inches diameter at the smallest end.
955 best split chestnut rails, 11 feet long, not less than 7 inches wide, and not less than 3 inches thick at the thickest edge.
To be delivered on the Commissioners wharf on the Eastern Branch, or on square No. 1026, near Mrs. Young's on the Bladensburg road.
The proposals must specify at which of the aforesaid places the materials will be delivered.
PROPOSALS
Will also be received until the 1st May next, for making & putting up in a Good & Workmanlike manner, 530 panels of 5 rail, morticed post and rail fence, and 6 large Gates The whole of the work to be completed by the 1st day of July next
ROBERT UNDERWOOD, HENRY INGLE, THOMAS H. GILLIS, Commissioners. April 10—wjt
SALE AT AUCTION.
ON Saturday next, at 2 o'clock in the afternoon, at Rhode's Hotel, will be exposed for sale, sun ry
Public Horses,
AND A
DOUBLE GIG,
WITH HARNESS COMPLETE. SAMUEL SPEAKE, Auctioneer. April 10—1t.
PUBLIC SALE.
PURSUANT to an order of the Orphans Court of Prince George's county will be exposed to Public Sale in the town of Upper Marlborough in Prince George's county on Thursday the 16th day of April next all the personal estate of Samuel Neppour late of said county deceased, consisting of valuable Negroes, among them some very valuable house servants, Stock, Plantation utensils, and a variety of Household and Kitchen furniture. The terms of sale are nine months credit for all sums above ten dollars, the purchaser giving bond with two good securities bearing interest from the day of sale; for all sums of and under ten dollars the cash will be required.
SAMUEL JUDSON COOLIDGE, Administrator. March 24, 1807. wjt
This is to give notice that the Subscriber of the city of Annapolis hath obtained from the Orphans Court of Prince George's county in Maryland, letters of administration on the personal estate of Samuel Neppour, late of said county, deceased—all persons having claims against the said deceased, are hereby warned to exhibit the same with the vouchers thereof, to Trueman Tyler, Esq. of Upper Marlborough, who is fully authorized to conduct and settle said Administration at or before the 16th day of October next, they may otherwise by law be excluded from all benefit of said estate.
Given under my hand this twenty-fourth day of March 1807. SAML. J. COOLIDGE, Adm'r. March 27—wjt
BY THE PRESIDENT OF THE UNITED STATES.
WHEREAS by the first article of the terms and conditions declared by the President of the United States on the 17th day of October 1793 for regulating the materials, and manner of buildings and improvements on the lots in the city of Washington, it is provided, "That the outer and party walls of all houses in the said city, shall be built of brick or stone;" and by the third article of the same terms and conditions, it is declared, "that the wall of no house shall be higher than forty feet to the roof, in any part of the city, nor shall any be lower than thirty five feet on any of the avenues." And whereas the above recited articles were found to impede the settlement in the city of mechanics and others whose circumstances did not admit of erecting houses authorized by the said regulations, for which cause the operation of the said articles has been suspended by several acts of the President of the United States from the fifth day of June, 1796, to the first day of January, 1807; and beneficial effects arising from such suspensions having been experienced, it is deemed proper to revive and continue the same with the exception hereinafter mentioned. Wherefore, I THOMAS JEFFERSON, President of the United States, Do declare, that the first and third articles above recited, shall be, and the same hereby are suspended, until the first day of January, in the year one thousand eight hundred and eight, and that all houses which shall be erected in the said city of Washington previous to the said first day of January in the year one thousand eight hundred and eight, conformable in other respects to the regulations aforesaid shall be considered as lawfully erected; except that no wooden house covering more than three hundred and twenty square feet, or higher than twelve feet from the sill to the eve, shall be erected, nor shall any such house be placed within twenty four feet of a brick or stone house.
Given under my hand the twenty-seventh day of March in the year one thousand eight hundred and seven. TH: JEFFERSON. March 30—wjt
This is to give notice, That the subscriber of Prince George's county and state of Maryland, hath obtained from the Orphans' court of said county, letters of administration on the personal estate of Richard Crampin late of said county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof to the subscriber on or before the 10th day of September next, they may otherwise by law be excluded from all benefit of the said estate. And all persons indebted to the said deceased are requested to make immediate payment to the subscriber. Given under my hand this 12th day of February, 1807. THOMAS BOWIE, Adm'r. of Richard Crampin. Feb 18—wjt
PUBLIC SALE.
BY virtue of a deed of trust from James Wigfield to the subscriber will be sold to the highest bidder on the 11th of May next at the hour of 11 o'clock A.M. on the premises a Lot of ground supposed to contain ten acres with the wood thereon, situated near the lower Eastern Branch bridge and on the road leading to Marlbro Terms of sale cash. BRNSON L. MCCORMICK, Trustee. February 27—wjt
20 DOLLARS REWARD.
RAN AWAY from the subscriber in August last, Negro CHARLES—he is a straight well made black man, about 26 years of age 5 feet 9 or 10 inches high; has lost some of his fore teeth; is remarkably polite and much of a gentleman. The above reward will be paid to any person who will bring him home or lodge him any jail so that I get him again. Wm. E. BEANNS. Upper Marlboro', Jan. 9—tawjt

RUNAWAY. On the 31st ult. a black fellow calling himself BILL, was committed to the jail in this city, as a runaway. He is 5 feet 7 or 8 inches high, black complexioned, slenderly made and at first said he belonged to Joseph Blake of Calvert county; but has since confessed that his right name is NED and that he belongs to Benjamin McCall of said county. He is clothed in homespun kersey. The owner of said slave is requested to release him, or he will be sold for his expenses. CARSWIGGITT TIPPETT, Keeper of the jail in Washington city. April 8-3t.
One Dollar Reward. MY Negro man FIDELIO having left my service, and conducted himself improperly, I will give a reward of one dollar to any person who will lodge him in jail or bring him to me securely tied. All persons are warned not to harbor or give employment to said negro, as I shall hereafter prosecute every person so offending. ALICE DEMOTT, Washington City, April 8-3t.
PUBLIC SALE. The subscriber in pursuance of an order of the Orphans Court of Washington county, district of Columbia, will sell at public auction on Friday the 17th inst. all the valuable stock of Groceries, together with the Household & Kitchen Furniture, and a Negro, and one strong Horse and a Coach and Harness, all of which belonging to the estate of Rezin Beck, late of said county deceased. Terms of sale, 3 months credit, the purchaser giving notes with approved endorser, negotiable at the Bank of Columbia, or the Office of Discount and Deposit Washington.
JUST PUBLISHED, (Price 25 CENTS.) And for Sale AT WESCOTT & CO. PRINTING OFFICE, 11th street, Duane's book store Pennsylvania avenue, by J. V. Thomas, at the Navy Yard, Washington, and J. March Georgetown. A LETTER ADDRESSED TO THE PEOPLE OF MARYLAND. Giving a short account of the country on the South side of Lake Erie, including a brief description of its situation, climate, soil, productions, trade, commerce, manufactures and exports. By JAMES TONGUE, M. D. &c. of Maryland. April 8-3t.
NOTICE. A small BATTEAUX was taken up lately, supposed to have come down the Potomac, now lying on the wharf at Georgetown—no visible marks. HUGH BROWN. April 6-3t.
NOTICE. The Sale of Dr. John Bullus's FURNITURE is unavoidably postponed on account of the weather, but will commence on Friday the 10th April, 11 o'clock forsooon if fair, if not the next fair day, when it will positively be sold without reserve.
SALE AT AUCTION. On Wednesday the 28 day of April will be sold at public auction at the House of Dr. JOHN BULLUS, living near the Marine Barracks, all his Household & Kitchen Furniture consisting of Mahogany and other bedsteads, bureau, chairs, mahogany dining, tea and card tables, sofas, dressing tables, wash stands, Brussels and Scotch carpeting the greater part of which is new, large pier and dressing glasses, lamps, plated and other candlesticks, lamps, handsome grates, fenders and shovels and tongs, curtains quite new and handsomely made, gilt window cornices, beds, mattresses and bed furniture, good paintings and prints in frames, dining and tea china, cut and plain glass, silver and plated ware, consisting of tea furniture, ladies, spoons and boilers—also, one coach and a travelling carriage nearly new, with harness; a pair of good sound horses, and one double barrel fowling piece. The sale to commence at 10 o'clock in the forenoon, if fair, if not, the next fair day, and continue from day to day until all are sold. Terms made known at time and place of sale. The goods may be viewed two days previous to the sale. SAMUEL SPEAKE, Auctioneer. March 2-10t.
ROBERT CHERRY, WILL RENT HIS HOUSE Covering 25 feet by 36, with a handsome Kitchen Garden attached thereto, on Square 799 near the Navy Yard, referring to himself the STORE and one half the Cellar. April 6-3t.
The thorough Bred Horse MONTICELLO, NOW IN HIGH ORDER. WILL be Let to Mares the ensuing season, to commence the first of April, at my seat, near Georgetown, at FIFTEEN DOLLARS, per Mare, for which a note must be sent, payable the first of September, and one dollar to the groom; or in lieu thereof, ELEVEN DOLLARS in money. Good and extensive pasture, well enclosed, at 50 cents per week, and the mare fed, if required, at the market price, for which the money must be sent. The greatest care taken to prevent accidents or escapes, but will not be responsible for either. JOHN THELKELD. March 23-1t.
FOR SALE, Fresh Red CLOVER SEED, By JAMES CRAVEN, near the Navy Yard. March 23-1t.
CHARLES H. VARDEN, Merchant Taylor New Jersey Avenue, near the Capitol. ESPECIALLY informs the gentlemen of the district of Columbia, he has imported by ship Eliza ANN lately arrived at Philadelphia. A choice assortment Of Ezra Superfine cloths, Bennetts, Velvets, and Conds, Cashmeres, single and double milled Settlin cloths, fashionable Spanish Orleans and Tolane, rich silk Molekin velvets, silk and satin Florentines, with a variety of other articles suitable for the season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. Richard Starwells celebrated patent parallel suspender, can be had on the same terms as at his manufactory. November 12-6t.
Bank of Columbia, March 19th, 1807. THE Board of Directors having this day declared a dividend for the half year ending the 30th inst. at the rate of eight per cent per annum—the same will be paid to the Stockholders or their Representatives at any time after this day. WILLIAM WHANN, Cashier. Georgetown March 20-ep6w
Circuit Court of the District of Columbia for the county of Washington, December Term 1806. John Hoye administrator de Bonis non of William Deakins, and (together with Leonard M. Deakins) executor of the last will and testament of Francis Deakins who was executor and devisee of said William Deakins—complainants— Versus Adam Murray Stewart, Deborah Stewart, executrix of Walter Stewart, late deceased, and William Stewart, Robert Stewart, Ann Stewart, Walter Stewart, Henry Stewart and Mary Anne Stewart heirs and devisees of Walter Stewart deceased—defendants. The object of the complainants bill being to establish a debt due to the complainants and to have the same paid out of the real and personal estate of the deceased Walter Stewart, and it being proved to the satisfaction of this court that the said several defendants are not residents of the district of Columbia. It is ordered by the court, that the complainants give notice by publication of this order for four weeks successively in the National Intelligencer and also in some paper printed in the city of Philadelphia before the 10th day of May next, warning the said defendants to appear in this court in person or by solicitor on or before the 10th Monday in June next to answer the bill of complaint, or show cause if any why the complainants should not have relief as prayed for. By order, WM. BRENT, Clk. April 1-94t.
NOTICE. HE Subscriber wishing to leave the city, offers for sale the property where he now lives, viz. TWO LOTS in Square 88, fronting on B Street 78 feet 3 inches, and running back 184 feet and half. The buildings are a convenient Frame DWELLING HOUSE, Smoke House, & Ice House; two Line Kitchens and Lime House; likewise a handsome garden. On the south of the street in square 89 is a wharf, sufficient to hold 100 cords of wood at once. If this property is not sold at private sale before the first day of May next, it will on that day be sold to the highest bidder, on the premises, at 4 o'clock P. M. Terms, one third of the purchase money will be required in 60 days, one third in six months, and the remaining third in twelve months. The purchaser giving his notes on either the city or Georgetown banks, with a good endorser. JOHN STEPHEN. March 25-1t.
Orphans Court of Prince George's County, October Term, 1806. On application of Isabella Wood and Osborn Belt, junior, administrators of Elijah Wood, late of Prince George's county, in the state of Maryland, deceased, to this court, to make distribution of the assets in their hands, among the heirs and legal representatives of the said Elijah Wood, and it appearing to this court that some of the representatives of the said deceased, to wit: Isabella Wood, Eleanor Swaine and Robert Wood, reside out of the state of Maryland. It is thereupon ordered that this court will proceed on the second Tuesday in April next, to make distribution of the assets in the hands of the said Isabella Wood and Osborn Belt, junior, provided a copy of this order be inserted in the National Intelligencer once a week, until the first day of April next. T. TRUMAN TYLER Register of Wills for Prince George's county December 8-1t.
IN CHANCERY, MARCH 19, 1807. William O'Neale, against Richard Wootton, Lewis Seal and William Pritchell. The object of the bill filed in this cause is to obtain a decree to correct an error in two deeds conveying part of a tract of Land lying in Montgomery county, called "The Cuckold's Delight," one being a deed from Arthur Melton to Thomas Pritchell, dated the 22nd day of June, 1741, the other being a deed from William Pritchell to William O'Neale the complainant, dated the 31st day of June 1798. The bill states that both of the deeds aforesaid describe the beginning of the land to be co-verified thereby, to be at the end of the second line of the said land, instead of at the end of the 10th line thereof as the parties intended the beginning to be; the bill further states that William Pritchell one of the defendants resides out of the state of Maryland. It is thereupon on motion of the complainant ordered and adjudged that he, cause a copy of this order to be inserted in the National Intelligencer once in each of three successive weeks before the 22nd day of April next, to the end that the absent defendant may have notice of the present application and the object of the Bill, and may be warned to appear in this court in person or by solicitor on or before the 22nd day of August next, to show cause if any he hath why a decree shall not pass as prayed. SAM. H. HOWARD Re. March 25-w3t.
PUBLIC NOTICE. Pursuant to a Resolution of the House of Representatives of the United States of the 3rd day of March instant, I am ready to receive separate Proposals, in writing, for the supply of such articles of Stationery as may be necessary for the service of the said House, until the fourth day of March, 1809; and also the like proposals for the execution of all the Printing business of the said House; and for the supply of Fuel during the same time. The several species of Stationery, Printing and Fuel wanted, are annexed to this advertisement, and the proposals must be accompanied with the names and residence of sufficient securities for performance. JOHN BECKLEY, Clerk to the House of Representatives of the United States. City of Washington, 25th March, 1807.
STATIONERY WANTED. Letter paper, hot pressed, vellum, extra large, } per ream Do. do. plain, } Folio post, wove and plain, } Do. medium size, for engrossing, } Pencil, } Ready made pens, per hundred and quills per hundred, } per lb. Best Dutch red wax, } Do. black do. } Red wafers, } Common black sand, in papers, and } Water boxes, and pounce boxes per dozen, } Inks and sands, per pair, } Half pint phials, with corks, } per dozen. Low priced folders, } Lead pencils, } Red tape, in pieces } Ink of the best quality per gallon } Indian rubber, per bottle } Parchment in skins per dozen, cut dressed, and pounced for use, 28 by 34 inches } Office penknives and crafting knives.
PRINTING WANTED. Plain work, per sheet, octavo, 300 impressions of each sheet } Bills numbered per line, in sheet or half sheet, folio } Figure work, } in octavo, and in folio Rule & figure work, } same number of impressions. Table work, } Folding and stitching, per hundred, for any number of documents exceeding three half sheets, and thence to twenty half sheets, and for all above, } per folio and octavo volume marked and lettered. Book binding in boards } sheep }
FUEL WANTED For the supply of the next session, 100 cord good sound Hickory Wood, to be delivered, sawed, packed and measured, in the public cellar of the Capitol, at the option of the contractor, the whole to be delivered on or before the first day of October next; a proportion of the purchase money will be advanced on giving sufficient security for performance. And for the supply of the next succeeding session, 80 cord, to be delivered in like manner, and at such time as may be agreed upon. JOHN BECKLEY. Washington, March 30-3w.
ELIAS A. CALDWELL, ATTORNEY AT LAW, HAS removed his Office, to the house lately occupied by Mr. LANE, on Capitol Hill. Washington, July 26-4t. A liberal credit. THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately opposite the city of Washington. This tract of land containing 697 acres is laid off in lots from 3 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Hanton at the Navy yard, and Charles Wayman of Georgetown. The lots will be shown by Mr. Wedden, living on the premises, near the Western Branch bridge. ANTHONY ADDISON. Barnaby, 12th June 1805-4t.
CHARLES A. BURNETT. HAS received from London and Liverpool a handsome assortment of articles in his line, consisting of WATCHES & JEWELRY, Silver, Tortoiseshell, and steel Spectacles, Table knives and forks with ivory handles. Pen knives and scissors, Ladies and Gentlemen's Pocket BOOKS. He also continues to manufacture gold and silver ware, at the most reduced prices. Georgetown Dec 2d-4t.
This is to give notice, that the subscriber of the city of Washington in the district of Columbia, has obtained from the Orphan's Court of Prince George's county in the state of Maryland, letters of administration on the personal estate of Thomas Ducket, late of said county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof, to the subscriber on or before the first day of October next, they may otherwise by law be excluded from all benefit of the said estate. Those indebted to the deceased are desired to make immediate payment. ALLEN B. DUCKETT, Adm. City of Washington, March 18-4t. All claims forwarded by mail must be post paid.
PORTRAIT PAINTING C. BOYLE respectfully informs the public that he paints Likenesses in Oil Colors, in the building formerly occupied by Mr. G. Stewart, on the Pennsylvania Avenue, near Duane's book store. N. B. A few specimens to be seen January 5-4t.
JUST RECEIVED, 5000 Bushels Coarse LISBON SALT, And a quantity of fresh Lisbon LEMONS in boxes in excellent order, for sale by WALTER & CLEMENT SMITH, Georgetown, April 1-2w.
The supply of these articles must embrace a possible demand to the value of 3,500, or 4,000 dollars, for the session. It is desirable that specimens of paper, quills and parchment should accompany the proposals; and, in every instance, articles of American manufacture of equal quality with, and not exceeding the price of similar imported articles will be preferred. A security equal to 8,000 dollars will be required.
In every instance, the printer supplies the paper as well as the work duly folded and stitched, and no possible delay is to occur in the daily execution & delivery of the work, so that in all cases, where it is practicable, the document ordered to be printed on any given day, may be ready for delivery the next morning, at the hour to which the House stands adjourned. No extra allowance will be made for working on Sundays, holidays, or after night; these must be considered by the contractor, in the price per sheet. The contractor must embrace a possible amount of work during the session, equal to 10,000 dollars, and the security required will be to the amount of 20,000 dollars.
10 Dollars Reward. RANAWAY from the subscriber, on Sunday the 13th ult. a negro man named DANIEL, about 30 years of age, about 5 feet 8 or 9 inches high, stout made, has a lump on the outside of one of his feet, likewise some bumps on his back, and several slight scars in his face, also a scar on the upper joint of his left fore finger, occasioned by the cut of a knife; he can read, and passed the Falls Bridge on Sunday night the 22nd ult. and said he was going to Georgetown and the city of Washington, but may probably pass on to Baltimore. His clothing when he went away was a short blue coat with skirts, swan-down jacket, and striped hindsy trowsers, white yarn stockings, &c. his other clothes not remembered. I purchased him last fall of Mr. Robert Guinell of Virginia, who purchased him some years ago of Capt. John Turbeville. I will give the above reward to any person that will secure him in any jail or give information to me in Fairfax county, Virginia, so that I get him again. H. GUNNELL, Jun. April 1-2w.
THE SUBSCRIBER Has for Sale at the Wharf end of South Capitol street, 6 puncheons Jamaica rum } 4th proof. 4 pipes Spanish brandy } 4 pipes gin } 100 barrels rye whisky } Lisbon and Teneriffe Wine of superior quality in quarter casks. Flour for family use. JAMES D. BARRY. April 6-3t.
JOHN OTT, DRUGGIST, CHEMIST AND APOTHECARY, has received by late arrivals a fresh supply of genuine Drugs, Medicines, Chemical Preparations, and every article useful in Pharmacy, such as have met the approbation of eminent practitioners. Genuine patent medicines of every description, shop furniture, paints, dyes, stuffs, spices and perfumery; all of which he will dispose of on as low terms as the quality and original cost of the article will admit of. Physicians and family recipes put up with the utmost care and attention, and all orders from city, town or country put up with accuracy and dispatch. In addition to the above, he has just received a supply of PRESERVES, CONFECTIONS, FRUIT, &c. &c. Preserved Lemons, Blue Apple, Oranges, Strawberries, Citron, Quinces, Peaches, Lemon Peel, Currant Jelly, Green Gage, Maraschins, Lemon, Raspberry, Cream and Mint Candy, Noyau Cordial, Syrup of Currant, and Raspberry Vinegar, Rose and Orange Flower Water, Lemons, Oranges, Raisins, Currants, Almonds, Filberts, Malaga Grapes, Olives, Capers and Anchovies—London Mustard, Cayenne Pepper, Redhead Sausage, Macaroni, Suet, Havana Sugar, Improved Sining Liquid Blacking for Shoes and Boots, &c. &c. George Town, Dec. 29-2w.
THE CELEBRATED ENGLISH RUNNING HORSE CLIFDEN, WILL stand the ensuing season at my Farm in Prince George's county, about 5 miles from Queen Ann, 9 from Bladensburg, the same distance from Upper Marlborough, and about 15 from the city of Washington, at 25 DOLLARS the season; but 20 DOLLARS will be received in FULL if paid within the season; which will commence in March and end on the 1st of August. Good pasture will be furnished gratis, as soon as the grass is good, and in the mean time hay and corn furnished at the common price, for the Mares, according to orders. The utmost care will be taken of the mares, but I will not be answerable for accidents or escapes. CLIFDEN is a horse of uncommonly fine form, above 15 and 1-2 hands high, of a beautiful deep bloodbay, and perhaps the strongest made thoroughbred horse on the continent. Large and powerful bones produce the only real good form horse. Notes of hand must be sent with the Mares. ISAAC DUCKETT. March 6-1807.
United States Circuit Court and Virginia District Court, Dec. Term, 1806. In Chancery. John M'Vear, agent of John Watson, plain- tiff—against—Bird, Savage and Bird, James Watson, John Watson, jun. James Taylor and Richard M'Vear—defendants. This cause was this day heard on the bill, answers, replications, &c. & exhibits, and the proceedings in the fact lately depending in this court, between Robert Bird, against John Watson & John Love, & was argued by counsel. On reconsideration whereof the court not now deciding on the respective claims of the parties to the lands in the proceedings mentioned, doth adjudge, order & decree that the marshal of this district, or one of his lawful deputies, after having advertised the time and place of such sale for five weeks successively in one or more newspapers printed in the town of Alexandria and the city of Washington, to expose to sale, at public auction, the tract of land in the proceedings mentioned, called BUCKLAND either together or in parcels as the parties may agree; or in case of their disagreement, in the way he may think will most enhance the price thereof upon the following terms, to wit: one fifth part of the purchase money agreed to be paid therefor, to be cash, and the balance in four equal annual payments, bearing interest from the date it is not punctually paid, taking bonds with sufficient securities from the purchaser or purchasers, payable to the marshal, for the use of such of the parties to this sale, and the sale aforesaid, as may hereafter be adjudged entitled thereto, and retaining the title to the said lands as security for the payment of the said annual instalments; and in case default be made in the said payments, or either of them that shall fall due, that the said tract of land, or the lot or lots for which the payments shall not have been made according to the tenor of the sale, be set up for public sale by the marshal, for ready money, after the time and place of such sale shall have been advertised in manner as aforesaid, and the proceeds of sale to be applied to the discharge of the sums remaining due on the purchase of the said tract of land, or the lot or lots to be sold, and the surplus, if any, to be paid to the original purchaser. And if the parties shall prefer the said tracts of land being sold in two or more lots, or the marshal or his deputy who may act, shall be of opinion in case of their disagreement, that the value of the said tract of land will be enhanced by a division thereof, the court doth direct that he have the same divided into as many lots as the parties shall agree on, or he think best by the surveyor of the county of Fauquier, and sell the same so divided, and then bring the said bonds and pay the money to be received, in cash at the sale, after having defrayed the expenses thereof and of the division if any shall be made into court, subject to its future order, and the marshal is directed to report his proceedings to the court; and the court doth further order and decree, that the defendants, trustees for Mrs. Watson, be permitted to reap and carry off the now growing crop from the said lands, and that the marshal sell the same, subject to that privilege, and this is to be without prejudice to any right that Robert Bird, Bird, Savage and Bird, may hereafter bring claiming the profits of the said lands against the said defendants, trustees as aforesaid. WM. MARSHALL, Clk.
In pursuance of the foregoing decree will be sold the lands and premises therein mentioned, called BUCKLAND lying in the counties of Fauquier and Prince William. The sale will be made on the premises on the 16th day of May next, and the land will be sold entire, or in lots, as may be thought proper on the day of sale. Also, Under a decree of the said court, pronounced at the May term, 1803, between Robert Bird plaintiff, against John Watson and John Love, defendants, will be sold, to the highest bidder, for ready money, a tract of Land lying in the county of Westmoreland, called CHENTILLY. The sale will be made on the premises, on the 12th day of May next. BENJAMIN MOSBY, D. M. for Jos. Scott, M. V. D. M. March 16-2w M 16
This is to give Notice. THAT the Subscriber of Prince George's county has obtained from the Orphans Court of said county, letters of administration on the personal estate of Richard Wells Brashears, late of said county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscriber on or before the 1st day of October next, they may otherwise by law be excluded from all benefit of the said estate; and all persons indebted to the said deceased are hereby requested to make immediate payment to the subscriber in Upper Marlborough. MARY BRASHEARS, Adm. of Richard W. Brashears. April 1-2w.
THE CELEBRATED ENGLISH RUNNING HORSE CLIFDEN, WILL stand the ensuing season at my Farm in Prince George's county, about 5 miles from Queen Ann, 9 from Bladensburg, the same distance from Upper Marlborough, and about 15 from the city of Washington, at 25 DOLLARS the season; but 20 DOLLARS will be received in FULL if paid within the season; which will commence in March and end on the 1st of August. Good pasture will be furnished gratis, as soon as the grass is good, and in the mean time hay and corn furnished at the common price, for the Mares, according to orders. The utmost care will be taken of the mares, but I will not be answerable for accidents or escapes. CLIFDEN is a horse of uncommonly fine form, above 15 and 1-2 hands high, of a beautiful deep bloodbay, and perhaps the strongest made thoroughbred horse on the continent. Large and powerful bones produce the only real good form horse. Notes of hand must be sent with the Mares. ISAAC DUCKETT. March 6-1807.