The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-03-20 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCXCIV.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, MARCH 20th, 1805.
PAID IN ADVANCE.
IMPEACHMENT OF JUDGE CHASE.
(Continued.)
MONDAY, FEBRUARY 11, 1805.
Mr. J. Randolph observed that it was the wish of the managers that there should be no departure from the ordinary rules observed in examining witnesses, and that immediately after their examination on the part of the prosecution, they might be cross examined by the counsel for the accused.
Mr. Harper hoped that no absolute rule would be adopted to that effect, as circumstances might arise that would justify a departure from it. The counsel for the respondent would endeavor to conform to the mode suggested, without any particular rule. After a few further remarks from Mr. Martin and Mr. Nicholson, it was agreed to wave any specific motion.
Mr. Lewis was called in; when Mr. Harper put to him the following question:
Did you at the first trial of Fries make a distinction between resistance to a particular law, and the general law of the United States, or some special laws of a peculiar nature, and state your intention to argue that point on the second trial.
Mr. Lewis. I was not able to answer the question the other day precisely. But having since looked at my notes, I find that that distinction was made and urged.
EDWARD TILGHMAN sworn.
I was present at the circuit court of the United States, for the district of Pennsylvania, held on the 22d day of April, 1800. A very short time after the opening of the court (whether the general panel of jurors had been called over or not, I do not recollect) Judge Chase declared that the court had maturely considered the law arising on the overt acts charged in the indictment against John Fries; and that they had reduced their opinion to writing; he mentioned that he understood that a great deal of time had been consumed on a former trial, and that in order to save time, a copy of the opinion of the court would be given to the attorney of the district; another to the counsel for the prisoner, and that the jury should have a third to take out with them. I took no notes of what passed either on the first or second day. Fries was tried on the third day, and having been appointed with Mr. Levy, counsel for Heany and Getman indicted for treason, and who were actually tried on the 27th or 28th, I deemed it my duty to attend the trial of Fries, to take notes of the evidence, the arguments and the charge of the Judge. I do not recollect that Judge Chase said any more on the 11th day than what I have mentioned previous to his throwing a paper or papers on the table round which the bar usually sit. The moment the paper or papers were thrown on the table, Judge Chase expressed himself in these words: "Nevertheless, or notwithstanding this, (I cannot recollect which expression he used) "counsel will be heard." The throwing of the paper on the table and the address of the Judge caused some degree of agitation at the bar; in a short time after, the judge used the last expression, I looked round and saw Mr. Lewis walking from under the gallery, towards the bar, I stepped towards Mr. Lewis, and met him directly opposite the entrance, into the prisoner's bar. The prisoner, as well as I recollect, not being then in court, but being brought into court some time that morning, I entered into conversation with Mr. Lewis, and as well as I can recollect, during that conversation, Mr. Dallas came into court. Mr. Dallas and Mr. Lewis had some conversation in my hearing, after which they came forward to the bar; the paper as well as I can recollect, was then handed by Mr. Caldwell, the clerk of the court, to Mr. Lewis. Mr. Lewis cast his eye on the outside of the paper, and looked down, as if he was considering what to say. He threw the paper from him, as it appeared to me, without reading it, and the moment he threw the paper down, said, "my hand shall never be stained by receiving a paper containing a prejudged opinion, or an opinion made up without hearing counsel." I cannot recollect which was the expression, but this was the substance. I have not the least recollection that any thing passed on the first day, between the counsel for the prisoner and the court; for when Mr. Lewis used these expressions, his
face was not turned to the court, and he spoke with a considerable degree of warmth; the court sat in the fourth part of the room, and Mr. Lewis (I think) turned his face full to the westward, when he used these expressions. The paper lay on the table a considerable time; after which some gentlemen of the bar took it up, and I for one copied it. Whether I took the whole of it, and all the authorities cited, I cannot say. The prisoner having been brought into court, his counsel had a good deal of conversation in my hearing, on the subject of supporting or abandoning his defence; that conversation appears to me to have been accurately stated by Mr. Lewis and Mr. Dallas. I do not recollect why the prisoner was not put on his trial that day, but the court adjourned between 12 and 1 o'clock. I went home, and after taking a walk, on returning, I saw the district attorney on my steps. He asked me whether I would have any objection to delivering up the copy which I had taken of the opinion of the court. I said I had no objection, and gave it to him. That paper was not read on the first, or on any other day by the court, as the substance of it. On the next morning, to wit: the 23d, the prisoner was brought into court. The court asked the prisoner's counsel, if they were ready to proceed to the trial. Mr. Lewis rose and uttered a few words, in order to show that they did not mean to proceed with it. Judge Chase here interrupted Mr. Lewis—the particular expressions of the Judge I do not recollect; the substance of them was, that the counsel were not to consider themselves bound by the opinion which the court had reduced to writing, the day before; that the counsel were at liberty on both sides to combat that opinion. Judge Chase as well as Judge Peters appeared to be very anxious that the counsel should undertake the defence of the prisoner. Judge Chase said, the cases at common law before the statute of Edward the Third, ought not to be read to the court; he mentioned the case of a man whose flag the king had killed, and who said he wished the flag's horns was in the king's belly; he also mentioned the man who kept a public house, with the sign of the crown, and said he would make his son heir to the crown. He said such cases as these must not, shall not be cited; and I think he made use of these expressions: "What! cases from Rome, Turkey and France!"—That the counsel should go into the law, but must not cite cases that were not law. He said that he had an opinion in point of law as to every case that could be brought before the court, or else he was not fit to sit there. He said something [but the precise words I do not pretend to recollect] as to the counsel proceeding according to their consciences; he said that the gentlemen would proceed at the hazard of their character, and when it appeared pretty plain, that the gentlemen would not proceed in defence of the prisoner, he said you may think to put the court to difficulties; but if you do, you miss your aim, or words in substance to that effect. Judge Peters addressed the counsel, and said if an error has been committed, why may it not be redressed? The paper has been withdrawn—and I think both the Judges concurred in expressing the sentiment that matters were to be considered as if the paper had never been thrown on the table. When Judge Peters mentioned that the paper had been withdrawn, Mr. Lewis answered, the paper, it is true, is withdrawn, but how can the court erase from their minds an opinion formed without hearing counsel. A good deal more passed which I do not recollect, having taken no notes. Mr. Dallas addressed the court, but I have no recollection of what he said. The counsel continued firm in their determination to abandon the prisoner: the court took great pains to induce them to act as counsel for the prisoner, and before Fries was remanded to jail, expressed their hope that the counsel would think better of it, and appear in his defence. I recollect nothing more of what happened on the second day. Should any questions be put to me, they may awaken a recollection of what does not now occur to me.
On the third day when the prisoner was brought to the bar, he was asked whether he had any counsel [I think on the second day, the court had mentioned to him that he might have other counsel] he said no, he would depend on the court to be his counsel. Judge Chase said, the court will be your counsel, and by the blessing of God, will serve you as effectually as your counsel could have done. The trial proceeded, and
after the testimony was given and a short statement of the case made by the district attorney, the Judge charged the jury; he told them they were judges of the law as well as the fact. He stated to them that cases determined in England, before their revolution, should not be received by the court. I have my notes of the charge; he stated the law very much in the manner as it was stated by Judge Paterson in the trial of Mitchell, for whom I was counsel. I cannot undertake to recollect any thing further than I have already stated.
Mr. Randolph. I understood you to have stated that the written paper thrown or handed down by Judge Chase on the table produced a considerable degree of agitation at the bar. From what do you conceive that agitation arose?
Mr. Harper said he would take the opinion of the court, at some stage of the business, as to what was proper testimony. On Saturday there had been opinion and argument interwoven in the testimony given. He paid great deference to the opinion of the witness, but he submitted it to the decision of the court whether it was proper to require it.
The President. The gentleman may vary the question, so as to attain his object, by enquiring as to the facts that took place.
Mr. Randolph then said, I ask, with the permission of the court, whether in the course of your practice, which I understand to have been long and extensive, you have ever witnessed a similar proceeding.
Mr. Key. I shall object to that question. I pray the opinion of the court, whether, in order to abridge time—
The President desired that the question might be in the first instance reduced to writing.
It was accordingly reduced to writing as follows:
Question 1st. You say that when the written opinion of the court was thrown on the table, it produced considerable agitation among the gentlemen of the bar. What did you conceive to be the cause of that agitation?—which being read by the secretary,
Mr. Bayard moved that the Senate should withdraw—the motion was lost on a division.
The question was then taken on receiving the proposed question, and passed in the negative by an unanimous vote.
Mr. Randolph then submitted in writing,
Question 2d. In the course of your practice, which is understood to have been long and extensive, did you ever witness a similar proceeding on the part of the court?
To the putting of this question, Mr. Martin withdrew the objection which had previously been made.
Mr. Tilghman answered. I have been in the practice of the law for thirty-one years, and have no recollection of a similar proceeding.
Mr. Randolph. When Mr. Chase, after throwing or handing down the papers, went on to say that counsel would be heard, did he go on to say, or not, that counsel, when heard, must address themselves to the court and not to the jury.
Mr. Tilghman. I am confident that at that time he said nothing of the sort, nor do I recollect that he said any such thing at any other time. If he did it escaped my recollection, which is very strong, as to what was said by the Judge when he threw down the paper or papers.
Mr. Harper. You have said that you are perfectly clear, that when the paper was delivered or thrown down, the court did not say the counsel must address themselves to the court and not to the jury, and I understand you also to say that you have no recollection that they said any such thing at any other time.
Mr. Tilghman. I have no recollection that they did.
Mr. Harper. Have you any recollection that the court at that time prevented the counsel from proceeding?
Mr. Tilghman. I have not.
Mr. Harper. Did the court forbid them during the proceedings, or on the trial, to cite cases?
Mr. Tilghman. There were no counsel at the trial.
Mr. Harper. Did Judge Chase at any time say that they would prohibit their reading the acts of Congress to the jury?
Mr. Tilghman. I do not recollect that he did.
Mr. Harper. Was any thing said about the sedition law, and the act—
Mr. Tilghman. I do not recollect that there was.
Mr. Harper. Did Judge Chase ex-
press any disapprobation of the conduct of the circuit court on a former trial in suffering those acts to be read?
Mr. Tilghman. I do not recollect that he did.
Mr. Hopkinson. I think you have stated that you attended the trial of John Fries throughout?
Mr. Tilghman. I did.
Mr. Hopkinson. Did you see any disposition, or act, or conduct of the court calculated to oppress the prisoner?
Mr. Nicholson objected to this question being put, and Mr. Hopkinson said, that to avoid all difficulty, he would wave it.
Mr. Martin. Has it been the usual practice in the courts of Pennsylvania for the judges to declare to the jury what is the law in criminal cases?
Mr. Tilghman. They always in their charge to the jury state the law and the evidence, and apply the law to the evidence.
To an interrogatory offered by Mr. Martin.
Mr. Tilghman answered. The court generally hear the counsel at large on the law, and they are permitted to address the jury on the law and the fact; after which the counsel for the state concludes; the court then states the evidence to the jury, and their opinion of the law, but leaves the decision of both law and fact to the jury.
To another interrogatory of Mr. Martin as to the practice of the courts, Mr. Tilghman replied. That counsel generally take that course which they consider best calculated to benefit their clients. In capital cases, he did not recollect the court stopping gentlemen of character in any course they thought fit to adopt.
Mr. Nicholson. In your practice in Pennsylvania, or Delaware, where I understand you have practiced, did you ever hear the court undertake to inform the jury of their opinion of the law before the prisoner's counsel had been heard.
Mr. Tilghman. I do not recollect I ever did.
In answer to a question,
Mr. Tilghman said, in the charge to the jury, the contents of the paper containing the opinion of the court, and which had been withdrawn, were never alluded to; nor in the least alluded to when it was thrown down or delivered.
Mr. Nicholson. You have stated that the opinion was not read to the jury. I ask whether when this paper was laid on the table the jury was sworn?
Mr. Tilghman. No. They were not sworn till the next day but one.
Mr. Nicholson. Were the general panel then in court?
Mr. Tilghman. According to my recollection the general panel attended with great punctuality. I this morning looked over my notes and I took down those that were challenged by Fries, and those that tried him, in order to assist me in making my challenge in the case of Heany and Getman. But I do not know that I then saw the face of any of them. It is proper to state that the common jury as soon as the court is opened generally walk forward into the jury box, which holds only eleven, a quorum being placed for the twelfth. The other jurors take their seats behind these in another box, or remain in the hall of the court.
Mr. Nicholson. The judge declared that the counsel for the prisoner might proceed at the hazard of their character.
Mr. Tilghman. I think those were the words he used:
Mr. Nicholson. Were the general panel, at this time, in a situation to hear what was said?
Mr. Tilghman. Certainly, Sir, this was on the second day.
Mr. Randolph. Before the written opinion was handed down, did not Mr. Chase, or the court declare that the question of law had been settled in the case of Vigol and Mitchell?
Mr. Tilghman. On the trial of Fries they did cite this case and rely upon it. If the court will indulge me I can turn to my notes. Judge Chase stated the opinion of the court in his charge to the jury to be the same as in the case of Vigol and Mitchell.
Mr. Randolph. Did he say that the opinion in the case of Vigol and Mitchell was the opinion contained in that paper?
Mr. Tilghman. I do not remember. Many things might have happened, of which I have no recollection as I did not take notes at the time.
Mr. Campbell. How many of those papers were thrown down or given to the clerk?
Mr. Tilghman. I cannot say with perfect certainty. But I stated before
that one was handed to the attorney of the district, another to the counsel for the prisoner, and the third to the jury to take out with them.
Mr. Campbell. Was there sufficient time before the papers were withdrawn, for the jurors or other persons to have read them?
Mr. Tilghman. I stated before that the court rose between twelve and one o'clock. The jury were not in a situation to have access to the bar table. After the paper lay for some time, several of the bar employed themselves in copying it—I have no recollection that any one of the papers were handed into the jury box.
President. At what hour were they withdrawn?
Mr. Tilghman. I think on the same day, it was between one and two o'clock, that the district attorney called on me. I am pretty certain that the papers thrown down were not taken away, but remained in the hands of the court.
Mr. Campbell. Can you say how many copies were taken?
Mr. Tilghman. Not precisely. I took one, and Mr. Thomas Ross another. I believe we copied them at the same time. But I do not know of my own knowledge that any other person transcribed them. Now I recollect, I think I saw one or two others also taking copies.
Mr. Campbell. Do you know whether all those taken were withdrawn?
Mr. Tilghman. I do not. I only know that mine was withdrawn.
Mr. Nicholson. Did you hear the subject spoken of generally that day?
Mr. Tilghman. Those who copied the paper spoke on the subject to each other.
Mr. Nicholson. I ask whether it was a subject of general conversation?
Mr. Tilghman. Very much so among the gentlemen of the bar.
Mr. Nicholson. You have said that it is a usual thing in the courts of Pennsylvania for the judge to charge the jury after the counsel on both sides have spoken. Do you recollect to have seen a court reduce their charge to writing, and give it to the jury?
Mr. Tilghman. Never.
WM. S. BIDDLE, sworn.
Mr. Randolph. Were you present at the trial of John Fries?
Answer. I was.
Mr. Randolph. Were you present when the written opinion of the court was handed down?
A. From the length of time which has passed I have not a very distinct recollection of the circumstances that occurred.
Mr. Randolph. Did you take a copy of that opinion, and was that copy the whole or a part of it?
A. I did take a copy in part; I took the substance in regard to the point of treason, but I believe I did not copy the whole.
Mr. Randolph. Were there other copies taken?
A. I know of one taken by Mr. Rawle.
Mr. Randolph. Was any application ever made to you to deliver up the copy in order to destroy it?
A. Never.
Mr. Randolph. Did you communicate to any persons the substance of the copy?
A. Never, until during the last session of Congress, in conversation with Mr. Dallas, I mentioned my being possessed of it, and he expressing a desire to see it, I stepped over to my office and brought it.
Mr. Randolph. Although you did not take a copy of it verbatim, did you take the substance of it?
A. I did.
Mr. Randolph. Would you know that copy?
A. I subscribed my name to it.
Mr. Randolph. Is that the paper? (showing him a paper.)
A. Yes, it is.
Mr. Randolph. Did you hear much conversation about the paper at that time?
A. I have no distinct recollection; I attended the trial of Fries and others for treason, but I do not recollect any conversation about it.
Mr. Randolph. Can you tell whether the contents became known to any of the jurors?
A. I cannot.
Mr. Harper. I observe the paper contains notes and references to authorities; were they taken from the paper handed down by the court, or were they made by you, self?
A. I cannot say as to those at the bottom; those at the end were all my own.

Mr. Martin. Do you know whether the judges or the district attorney knew you had a copy?
W. M. RAWLE affirmed.
The circuit court of the United States sat in Philadelphia in April 1800. As to the former proceedings in relation to the prisoners indicted for treason were considered at an end, except from the intervention of an act of Congress, it appeared to me most regular to quash all the previous proceedings. I made a motion to this effect, which was granted. On the same day the court charged the grand jury, and I sent to them bills against John Fries, and other persons charged with treason and other offences. The bill against John Fries was returned on the 16th a true bill, and he was immediately brought up, arraigned and pleaded not guilty. Messrs. Lewis and Dallas appeared as counsel for Fries. Copies of the indictment, and lists of the jurors and witnesses were furnished to Fries as directed by law. The bringing on the trial was postponed in account of the absence of George Mitchell, whom I deemed to be a material witness. According to my best recollection it was not intended that John Fries should be tried on the 22d, the first day alluded to. I cannot say that John Fries was then at the bar. That circumstance does not appear on the minutes of the clerk of the court. It was certainly not my intention that he should have been brought up, but he may possibly have been brought through mistake. Shortly after the court met, Judge Chase observed, that as much time had been lost on the former trial or trials, the court had determined to express their opinion in writing, on the point of law, that they might not be misunderstood; that they had therefore committed that opinion to writing, and that the clerk had made copies of it, one of which should be given to the district attorney, one to the counsel for the prisoner; and one the jury should take out for them; as these words were pronounced several papers, I think three, were handed down or thrown down, as it were, my back was to the court, and whether this was done by Judge Chase or the clerk, I know not. I immediately took up the one intended for me and began to read it, but casting my eyes to the opposite side of the table, I saw Mr. Lewis with another copy before him, looking at it, apparently, with great indignation, and then throwing it on the table. I am pretty clear that nothing passed between the court and the counsel in the course of that morning. I observed much agitation among the gentlemen of the bar, who were conversing with each other with apparent warmth; but having at that time, a very great burthen of criminal prosecutions on my hands, my attention was much engaged, and I did not hear distinctly what was said, nor did I know, until the court rose that there was a probability of the counsel for John Fries declining to act. I think that twenty-one persons were that day brought before the court charged with seditious combinations, and who submitted to the court. The court rose pretty early in the morning, and intimated that I should not call any witnesses in relation to the submissions until the trials for treason were over. When the court rose I learnt from several gentlemen, that Mr. Lewis and Mr. Dallas were disgusted with the conduct of the court, and meant to decline acting as counsel for Fries, and I have an indistinct recollection that I heard something of this kind drop from Mr. Dallas himself. I went home, and had been there but a few minutes, when Judge Chase and Judge Peters came in. We went into another room, and Judge Peters began by expressing a good deal of uneasiness, from an apprehension that the gentlemen assigned as counsel for John Fries would not go on. Judge Chase said he could not suppose that that would be the consequence. I supported the idea which Judge Peters had expressed; I told him the gentlemen of the Philadelphia bar were men of much independence of character, and that unless those papers were withdrawn, and the business conducted as usual at our bar, they probably would decline from conducting the defence. My recollection at this distance of time cannot be very distinct, but I am pretty well satisfied that Judge Chase expressed his regret that the conduct of the court should be so taken, and said, that he did not mean, that any thing which he had done should preclude the counsel from making a defence in the usual manner. Judge Peters asked if I would consent to go out, and undertake to recover the papers. I said I had no objection, and both the judges concurred in requesting me to do so. I recollected seeing Mr. Edward Tilghman and Mr. Thomas Ross engaged in making copies—I did not recollect to have seen any others so engaged. I went to their houses and asked for the copies, which were readily given, and took them to Mr. Caldwell, clerk of the court. I asked him if he had noticed any others to have been taken? He said, he thought a copy had been taken by Mr. William Meredith. I desired him to go to him and endeavor to recall it. I did not know
that Mr. Biddle, who was then a student in my office, had taken a copy in part, or I should have desired him to give it up. From some circumstances which I do not recollect, I find that I did not hand my own copy to Mr. Caldwell, I now have it in my possession. The paper was not read, I think, by any but those who transcribed it, and I entertained an anxious hope, after what had taken place, that the gentlemen would proceed with the defence of the prisoner. I shall now take the liberty of referring to some original notes made by me at the time—from which I can state what passed the following morning—So far as they go, I believe them accurate, though they may not enable me to relate all that was said. On the 23d April, John Fries was brought and put to the bar, Messrs. Lewis and Dallas attending. The court asked if we were ready to proceed. Mr. Lewis rose and said, If employed by the prisoner, I should think myself bound to proceed, but being assigned—he was here interrupted by Judge Chase, who said, "you are not bound by the opinion delivered yesterday, you may contest it on both sides." Mr. Lewis answered, I understood that the court had made up their minds, and as the prisoner's counsel have a right to make a full defence, and address the jury both on the law and the fact, it would place me in too degrading a situation, and therefore I will not proceed. Judge Chase answered with apparent impatience—You are at liberty to proceed as you think proper, and address the jury and lay down the law as you think proper. Mr. Lewis answered with considerable emphasis, I will never address the court in a criminal case on a question of law. He then took a pretty extensive view on the propriety of going into cases decided before the revolution, and said, if he was precluded from showing that the judges since the revolution in England had considered themselves bound by the decisions before the revolution, which ought not to be the doctrine in this country, he must decline acting as counsel for the prisoner. Judge Chase answered, Sir, you must do as you please. Mr. Dallas then addressed the court. He contended that the rights of advocates had been encroached upon by the proceedings of the day before. He went into a general view of the ground taken by Mr. Lewis, and concluded with his determination not to proceed as counsel for John Fries. Judge Chase then observed—no opinion has been given as to facts in this case. I would not let the witnesses be examined in the combination cases because I would not let the jury hear them before the trial of Fries came on. As to the law I knew that the trial before had taken nine days—that many common law cases were cited, such as wishing a stag's horns in the king's belly, and that of a man's saying he would make his son heir to the crown; such cases ought not, shall not go to the jury. No case can come before me on which I have not a decided opinion as to the law, otherwise I should not be fit to preside here. I have always conducted myself with candor, and I meant, gentlemen, to save you trouble. It is not respectful, nor is it the duty of counsel, to say they have a right to offer any thing they please. What! decisions in Rome, France, Turkey? No lawyer will say that common law cases are law under the statute of Edward the third, nor justify those judges who overrule the statute of William, and over rule the necessity of having two witnesses to one overt act, and admit hearsay testimony to prove matters of fact. It is the duty of counsel to lay down the law, but not to read cases that are not law. Having thus explained the meaning of the court, you will stand acquitted or condemned to your own consciences, as you think proper to act. But, gentlemen, do as you please. The court will be, the district attorney will open the law, state his case, and produce his witnesses. You are at liberty to controvert the law as to the matter, but the manner must be regulated by the court. Judge Peters said you are to consider every thing done yesterday as withdrawn. Mr. Lewis replied, true, Sir, the papers are withdrawn, but the sentiments still remain, I shall not therefore act. Mr. Dallas expressed the same determination, which I did not take down. A pause, for a few moments, took place, when Judge Chase said you cannot put the court into a difficulty, by this conduct, gentlemen—you do not know me if you think so; and desiring the persons between him and the prisoner to stand aside, and addressing himself to John Fries, he asked, are you desirous of having other counsel assigned you, or will you go on to trial without. John Fries, after a pause, said he did not know what to do; he would leave it to the court. Under these circumstances I felt a repugnance to go on with the trial, not wishing to act in a case so extremely singular. I therefore moved to postpone the trial to the next day,—the court readily concurred, and Fries was remanded to jail. On the 24th Fries was brought to the bar again. Judge Chase asked him if he had any counsel. He told the court that he relied on them as his counsel, and he expressed himself with a degree
of firmness and composure that convinced me that his decision was formed on mature reflection. Then, Judge Chase answered, by the blessing of God we will be your counsel and do you as much justice as those assigned you. The jury were then called over, and the court took pains to inform Fries of his right to challenge 35 without cause; and as many others as he could show cause against. In every instance they appeared extremely anxious that he should defend himself. There were one or two friends near him, I believe, to assist him in his challenges. After the jurors had been severally passed by him, and before they were sworn, the court directed that they should severally be asked whether they had delivered an opinion on the subject. The first juror said he had not, and was sworn—the second said he had; he was then sworn to make true answers; and he declared that he had in a conversation said that these men ought to be punished—the court directed this person to be set aside, and he was not sworn on the trial. The court afterwards directed the question to be some what altered.—"Have you formed or delivered an opinion &c." Before this question was put to more than three persons, it was again altered, and put in these words: "Have you formed and delivered any opinion?" Three, including the one already mentioned, answered affirmatively, and were set aside. The prisoner challenged, without cause, thirty-four of the pannel. Twelve jurors were then sworn, and I opened the case in a very brief manner, laid down the law, and adduced the testimony. The trial lasted till the afternoon, and till the next day; the court retired twice for refreshment and repose. John Fries called no witnesses. But at the end of the examination of each witness called on the part of the prosecution, Judge Chase reminded him that he had a right to put any question to the witness that he thought proper, and told him to be cautious not to put any question the answer to which might injure him. When the evidence on the part of the prosecution had closed, John Fries expressed his determination to call none on his part. I then addressed the jury in as brief a manner as I could, consistent with the duty I had to perform, for I severely felt the unpleasingness of the situation in which I stood, acting against a man tried on a capital charge without professional assistance. The court then charged the jury, who retired, and in about half an hour returned with a verdict of guilty. These are all the general facts I recollect in relation to the trial. (Mr. Rawle's testimony to be continued.)
FROM THE LONDON COURIER, January 24. War with Spain. DECLARATION.
From the moment that hostilities had commenced between Great Britain and France, a sufficient ground of war against Spain, on the part of Great Britain, necessarily flowed from the treaty of St. Idelfonso, if not disclaimed by Spain. That treaty, in fact, identified Spain with the republican government of France, by a virtual acknowledgment of unqualified vassalage, and by specific stipulations of unconditional offence. By the articles of that treaty, Spain covenanted to furnish a stated contingent of naval and military force for the prosecution of any war in which the French Republic might think proper to engage. She specifically surrendered any right or pretension to enquire into the nature, origin, or justice of the war. She stipulated, in the first instance, a contingent of troops and ships, which, of itself, comprises no moderate proportion of the means at her disposal; but in the event of this contingent being at any time found insufficient for the purposes of France, she further bound herself to put into a state of activity the utmost force, both by sea and land, that it should be in her power to collect. She covenanted that this force should be at the disposal of France, to be employed conjointly or separately for the annoyance of the common enemy; thus submitting her entire power and resources to be used as the instruments of French ambition and aggression, and to be applied in whatever proportion France might think proper, for the avowed purpose of endeavoring to subvert the government, and destroy the national existence of Great Britain. The character of such a treaty gave Great Britain an incontestible right to declare to Spain, that unless she decidedly renounced the treaty, or gave assurances that she would not perform the obligations of it, she would not be considered as a neutral power. This right, however, for prudential reasons, and from motives of forbearance, and tenderness towards Spain, was not exercised in its full extent; and, in consequence of assurances of a pacific disposition on the part of the Spanish government, his majesty did not, in the first instance, insist on a distinct and
formal renunciation of the treaty. It does not appear that any express demand of succour had been made by France before the month of July, 1803; and on the first notification of the war, his majesty's minister at Madrid was led to believe, in consequence of communications which passed between him and the Spanish government, that his Catholic majesty did not consider himself as necessarily bound by the mere fact of the existence of a war between Great Britain and France, without subsequent explanation and discussion, to fulfil the stipulations of the treaty of St. Idelfonso, though the articles of that treaty would certainly give rise to a very different interpretation. In the month of October a convention was signed, by which Spain agreed to pay to France a certain sum monthly, in lieu of the naval and military succours which they had stipulated by the treaty to provide, but of the amount of this sum, or of the nature of any other stipulations which that convention might contain, no official information whatever was given. It was immediately stated by his majesty's minister at Madrid, to the Spanish government, that a subsidy as large as that which they were supposed to have engaged to pay to France, far exceeded the bounds of forbearance; that it could only meet with a temporary connivance, as, if it was continued, it might prove in fact a greater injury than any other hostility. In reply to these remonstrances, it was represented as an expedient to gain time, and assurances were given which were confirmed by circumstances, which came to his majesty's knowledge from other quarters, that the disposition of the Spanish government would induce them to extricate themselves from this engagement, if the course of events should admit of their doing so with safety. When his majesty had first reason to believe that such a convention was concluded, he directed his minister at Madrid to declare that his forbearing to consider Spain as an enemy, must depend in some degree upon the amount of the succours, and upon her maintaining a perfect neutrality in all other respects; but that it would be impossible for him to consider a permanent payment, to the amount of that which was stated to have been in agitation, in any other light than as a direct subsidy of war. His majesty's envy was directed, therefore, first to protest against the convention, as a violation of neutrality, and a justifiable cause of war; secondly, to declare, that our obtaining from hostilities must depend upon its being only a temporary measure, and that we must be at liberty to consider a perseverance in it as a cause of war; thirdly, that the entrance of any French troops into Spain must be refused; fourthly, that any naval preparation must be a great cause of jealousy, and any attempt to give naval assistance to France, an immediate cause of war; fifthly, that the Spanish ports must remain open to our commerce, and that our ships of war must have equal treatment with those of France. His majesty's minister was also instructed, if any French troops entered Spain, or if he received authentic information of any naval armaments preparing for the assistance of France, to leave Madrid, and to give immediate notice to our naval commanders, that they might proceed to hostilities without the delay that might be occasioned by a reference home. The execution of these instructions produced a variety of discussions; during which his majesty's minister told Mr. Cevallos, in answer to this question, Whether a continuance of succouring succours to France would be considered as a ground of war, and whether he was authorised to declare it?—that he was so authorised, and that war would be the infallible consequence. It was, however, still thought desirable by his Majesty, to protract, if possible, the decision of this question; and it was therefore stated in the instructions to his minister at Madrid, that as the subsidy was represented by the Spanish government to be merely a temporary measure, his Majesty might still continue to overlook it for a time; but that his decision in this respect must depend upon knowing the precise nature of all the stipulations between Spain and France, and upon the Spanish government being determined to cause their neutrality to be respected in all other particulars.—That until these questions were answered in a satisfactory manner, and the convention communicated to him, he could give no positive answer whether he would make the pecuniary succours a cause of war or not. Before the receipt of these instructions, dated January 21, 1804, the report of some naval armaments in the ports of Spain had occasioned a fresh correspondence between his majesty's minister and the Spanish government. In one of the notes presented by the former, he declares, that if the king was forced to begin a war, he would want no other declaration than what he had already made. The answers of the Spanish government were at first of an evasive nature; his majesty's minister closed the correspondence on his part by a note delivered on the 18th February, in which he declares that all further forbearance
on the part of England must depend upon the cessation of all naval armaments, and a prohibition of the sale of prizes in their ports; and unless these points were agreed to without modification, he had orders to leave Madrid. On the second of these points a satisfactory answer was given, and orders issued accordingly; on the first a reference was made to former declarations. To the question about disclosing the treaty with France no satisfactory answer was ever given. As however no naval preparation appeared to be proceeding at that period in the ports of Spain the matter was allowed to remain there for a time. In the month of July, 1804, the government of Spain gave assurances of faithful and settled neutrality, and disavowed any orders to arm in their ports; yet in the subsequent month when these assurances were received, and a confident reliance reposed in them, the British Charge d'Affaires received advice from the Admiral commanding his majesty's ships off the port of Ferrol, that reinforcements of soldiers and sailors had arrived through Spain for the French fleet at Toulon and Ferrol. On this intelligence two notes were presented to the Spanish ministers, but no answer was received to either of them. Towards the end of the month of September, information was received in London from the British admiral stationed off Ferrol, that orders had actually been given by the court of Madrid for arming, without loss of time, at that port, four ships of the line, two frigates, and other smaller vessels; that (according to his intelligence) similar orders had been given at Carthagena and Cadiz, and particularly that three first rate ships of the line were directed to sail from the last mentioned port; and, as an additional proof of hostile intentions, that orders had been given to arm the packets as in time of war. Here then appeared a direct and unequivocal violation of the terms on which the continuance of peace had been acquired; previous notice having been given to the Spanish government, that a state of war would be the immediate consequence of such a measure, his majesty on this event stood almost pledged to an instant commencement of hostilities; the king however preferred a persevering adherence to the system of moderation so congenial to his disposition; he resolved to leave still an opening for accommodation, if Spain should be still allowed the liberty to adopt the course prescribed by a just sense of her own interests and security. It is here worthy of remark, that the groundless and ungrateful imputations thrown out against his majesty's conduct in the Spanish Manifesto, are built upon the foundation of this forbearance alone. Had his majesty exercised without reserve his just rights of war, the representations so falsely asserted, and so infinitely dwelt upon, could not have been even stated under any colourable pretext: the indulgence, therefore, which postponed the actual state of war, was not only misinterpreted, but transmuted into a ground of complaint, because the forbearance extended to the aggressors was not carried to a dangerous and inadmissible extreme. In consequence of the intelligence above stated, directions were sent to his majesty's minister at Madrid, to make representations and remonstrances to the Spanish court, to demand explanations relative to the existing conventions between Spain and France; and, above all, to insist, that the naval armaments in their ports should be placed on the same footing as they were previously to the commencement of hostilities between Great Britain and France; and he was further directed explicitly to state to the Spanish government, that his majesty felt a duty imposed upon him of taking, without delay, every measure of precaution; and, particularly, of giving orders to his admiral off the port of Ferrol to prevent any of the Spanish ships of war sailing from that port, or any additional ships of war from entering it. No substantial redress, no satisfactory explanation, was afforded in consequence of these repeated representations; whilst, under the cover of his majesty's forbearance, the enemy had received considerable remittances of treasure, together with the facility of procuring other supplies. Every circumstance of the general conduct of Spain was peculiarly calculated to excite the vigilant attention of the British government—the removal of Spanish ships out of their docks, to make room for the accommodation of the men of war of France—the march of French troops and seamen through the Spanish territory—the equipment of naval armaments at Ferrol—the consideration that the junction of this armament with the French ships already in that harbor, would create a decided superiority of numbers over his majesty's squadron cruising off that port—the additional naval exertions, and the consequent increase of expense which this conduct of Spain necessarily imposed upon Great Britain. All these together required those precautions, both of representation and action, to which his majesty had immediate recourse. While official notice was given of his majesty's intention to adopt those necessary measures, the Spa-

the government was at the same time assured, that his majesty still felt an earnest desire to maintain a good understanding with Spain; but that the continuance of such a state of things must be subject to the condition of abstaining on their part from all hostile preparations, and on making, without hesitation or reserve, that full and explicit disclosure, of the nature and extent of the subsisting engagements with France, which had hitherto been so frequently and so fruitlessly demanded.
The precautions adopted by his majesty, were such only as he deemed indispensable to guard against the augmentation by Spain of her means of naval preparation during the discussions, and against the possible consequences of the late arrival of the expected American Treasure in the Spanish ports; an event which has more than once, in former times, become the epoch of the termination of discussions, and of the commencement of hostility on the part of Spain.
The orders issued by his majesty, on this occasion, to the admirals commanding his fleets, afford the most striking example of a scrupulous and indulgent forbearance; the most strict limitation was given as to the extent and object of the measures proposed; and the execution of those orders was guarded with the strongest injunctions to avoid, by every means consistent with the attainment of their object, any act of violence or hostility against the dominions or subjects of his catholic majesty. The hostile preparations in the harbor of Ferrol rendered it necessary, in the first instance, that a reinforcement should be added to the squadron cruising off that port; and orders were at the same time conveyed to the British admirals to send intimation to the Spanish government of the instructions they had received, and of their determination in consequence to resist, under the present circumstances, the sailing either of the French or Spanish fleets, if any attempt for that purpose should be made by either of them.
His majesty's pleasure was at the same time signified, that they were not to detain, in the first instance, any ship belonging to his catholic majesty, sailing from a port of Spain; but to require the commander of such ship to return directly to the port from whence she came, and only, in the event of his refusing to comply with such requisition, to detain and send her to Gibraltar or to England.
Further directions were given not to detain any Spanish homeward-bound ships of war, unless they should have treasure on board, nor merchant ships of that nation, however laden, on any account whatsoever. That in the prosecution of those measures of precaution, many valuable lives should have been sacrificed, is a subject of much regret to his majesty, who laments it as an event produced alone by an unhappy concurrence of circumstances, but which can in no degree affect the merits of the case. The question of the just principle, and due exercise of his majesty's right, rests upon every foundation of the laws of nature and of nations, which enjoin and justify the adoption of such measures as are requisite for defence, and the prevention of aggression.
It remains only further to observe, that if any additional proof were requisite of the wisdom and necessity of precautionary measures, that proof would be found even in the declaration relied upon in the manifesto of Spain, in which its government now states itself to have contemplated from the beginning of the war, the necessity of making itself a party to it, in support of the pretensions of France, expressly declaring, that "Spain and Holland, who treated conjointly with France at Amiens, and whose interests and political relations were so closely connected with her, must have with difficulty refrained from taking part against the injuries and insults offered to their ally."
It will further appear by a reference to the dates and results of the several representations made by his majesty's charge d'affaires at the court of Spain, that the detention of the Spanish treasure ships never was in question during the discussions which preceded his departure from Madrid. That ground of complaint, therefore, which has since been so much relied upon, formed no part of the motive of the previous hostile character so strongly manifested by the Spanish court in their mode of treating the points in discussion, nor as will appear in the sequel, of the final rupture of the negotiation at Madrid.
On the 26th of October, 1804, his majesty's charge d'affaires presented a note to the Spanish minister, in which the following conditions were insisted upon, as preliminary to the appointment of a minister from G. Britain, who might treat of the adjustment of other matters which remained for discussion. The conditions were three: First, That the orders given at Ferrol, Cádiz, and Carthagena, should be countermanded, as well for the equipment of ships of war in any of those ports, as for their removal from one of those ports to another. Secondly, That not only the present armaments should be discontinued, but that the establishment of ships of war in the different ports should be replaced on
the footing on which they stood at the commencement of hostilities between England and France. Thirdly, That a full disclosure should be made of the existing engagements, and of the future intentions of Spain with respect to France. From the period above-mentioned to the 2nd of November several official notes passed between his majesty's charge d'affaires and the Spanish minister, conferring, with little variation in their tenor, of urgent demands of satisfaction on the one side, and of evasive and unsatisfactory replies on the other. After repeated delays and reiterated applications, his majesty's charge d'affaires received his passports on the 7th of Nov. and departed from Madrid on the 14th of that month. During the whole of this negotiation, no mention was made of the detention of the Spanish treasure ships, nor does it any where appear that an account had been received at Madrid of that transaction. It is evident therefore, notwithstanding the attempt made by the Spanish court to avail itself of that event, in the manifesto which has been since published, that the state of war must equally have arisen between Great Britain and Spain, had the detention never taken place, and that, in point of fact, the rupture ultimately took place upon the grounds of distinct form, and totally unconnected with that measure.
The leading circumstances which characterize the reiterated abuse of his majesty's moderation, were each of them of a nature to have exhausted any less settled system of lenity and forbearance. Succours afforded to his enemies; explanations refused or evaded, after repeated demands; conditions violated, after distinct notice that on them depended the continuance of peace. Such has been the conduct of the Spanish court; & it is, under these circumstances, that his majesty finds the domineering influence of France exerted, and the Spanish nation in a state of declared and open war.
His majesty appeals with confidence to all Europe for the acknowledgement of his exemplary moderation in the whole course of these transactions. His majesty feels with regret the necessity which places him in a state of hostility with Spain; and would with heartfelt satisfaction observe, on the part of that country, the assumption of a more dignified sense of national importance, and a more independent exercise of sovereign rights.
His majesty would indeed be most happy to discover in the councils of Spain a reviving sense of those ancient feelings and honorable propensities which have at all times been so congenial to the Spanish character, and which, in better times have marked the conduct of its government. His majesty will, on his part, eagerly embrace the first opportunity thus offered, of resuming a state of peace and confidence with a nation, which has so many ties of common interest to connect it with Great Britain, and which he has hitherto been ever disposed to regard with sentiments of the utmost consideration and esteem.
Downing street, January 1805. From the London Courier of Jan. 23.
We have reason to believe that the Dutch paper which mentioned that a warm altercation had taken place at the Levee, between Bonaparte and the Imperial Ambassador, Count Cobentzel, was perfectly correct. We were not inclined to doubt it when we first heard of it, though the Dutch paper mentioned it as a rumour, and seemed almost to be afraid to state it with any positiveness. But we have stronger reason now for attaching implicit credit to it. The altercation took place, we understand on New Year's Day. Bonaparte had previously received intelligence of the orders to increase the Austrian cordon on the Italian frontier. At the audience given to the Ambassadors, he is said to have addressed M. De Cobentzel as soon as he entered the circle, and to have addressed him in a tone of great rudeness and insolence. He questioned him about the orders given to assemble so large an army on the Italian frontier. M. De Cobentzel replied, that the object had already been stated to his Imperial majesty's government. Bonaparte is said then to have interrupted him with a speech of the utmost insolence. We know not that we state the whole of the conversation, nor that what we have stated is perfectly correct. But we have no doubt that a dispute did take place, and upon the subject of the Austrian preparations, which it would be absurd to suppose had been occasioned merely by the existence of the epidemic distemper at Leghorn. As soon as the Levee was over, M. De Cobentzel dispatched a courier to his court.
This circumstance, connected with others which we shall mention, has induced a belief at Paris and at Vienna that war between Austria and France, is at no great distance. In fact, whoever recollects the manner in which the French expose spoke of the Emperor, will recollect, that it was rather in the language of advice to him, to confine himself to his internal affairs, than in the language proper to be used to so great a power as Austria. It did not once allude
to him in his capacity of Emperor of Germany; it did not speak of the Empire as at all dependent upon, or attached to its Chief, thereby meaning to have it understood, that his Imperial majesty no longer possessed the vast influence over the Empire.
But Bonaparte has been disappointed in his views with respect to Austria. He thought he should make her an instrument, by which he should keep the other continental powers in check; and he finds all at once that she is arming: and arming on her frontiers towards the French territories in Italy. He is said, too to have discovered that a secret negotiation is actively going on, not only between her and Russia, but with Prussia.
Indeed if Austria felt sufficiently jealous to assemble so large an army before the appearance of the French expose, her jealousy has scarcely been removed or diminished since. Bonaparte says, that he does not want to extend the French territory; a mere quieting declaration to the European powers; but he adds, and this is the essential and important point, "that he will not lose the influence France has acquired over the neighboring powers. That the Italian republic was a definitive organization, and that Holland stands in need of a good government." These are expressions not lightly thrown out—they are not mere isolated opinions, which are not meant to influence his conduct, or to be acted upon. They are hints of great import. He will not suffer the influence of France to be impaired; but Italy and Holland must not remain as they are. Their dependence must continue the same; but their forms of government must be altered; that is, they must assume a form by which France may, with less open violence and despotism, render them equally subservient to her will. This is the first developing and unfolding of another act of the life of Bonaparte. He has drawn out the plan of a family compact, compared to which the family compact of the Bourbons was the plaything of a child. If the Italian republic and Holland be to have a new form of government, what is the mode by which such a determination can be carried into execution, without injuring the influence of France? Bonaparte will place his brothers at their head—Louis over Italy—and Joseph over Holland: at first he will conceal his designs under the same veil with which he covered his ambitious views with respect to France—The one will at first be consul over Italy—the other Statholder over Holland, with powers of limited duration. The extension of their authority to the period of the natural lives of the possessors, will not be difficult; from moment of public tranquility, or of good fortune, will be taken advantage of: the next transition from the life of the possessor to the rendering the authority hereditary in his family, under the title of king, will not be more difficult. He will then have branched out the dependent allies of France into kingdoms bound to him by the ties of family and blood, he will have erected a system of family compact, against which all opposition will be futile and vain. Nor will Spain be spared. He will not abandon his influence over her, and he may doom her to undergo the same fate as France; to be wrested from the grasp of the Bourbons, and placed under the government of a Bonaparte. But this, perhaps, will be the last and final stroke.
Ave these the wanderings of a disordered imagination? Is this a plan of too gigantic a nature to be executed? Let us not deceive ourselves—it is this conviction, that delusions were impossible to be carried into execution, because they had not been tried before, that has so essentially contributed to the success of the French revolution. The powers of Europe attempted to oppose it by ordinary means—they were like the man who endeavored to calm the madman by reasoning with him—And who will say that this is a system which Bonaparte cannot establish?—In one year, if the powers of Europe remain as they are, it will be established. It is to keep them as they are, that Bonaparte has published this expose, in which he disavows the idea of further conquests—it is to keep them from being invigorated and enlightened by England, that he has addressed this specific overture to us.—If the continental powers remain as they are, it will be executed.—What should prevent it? Would the Italian Republic hesitate to choose a Melzi for a Louis Bonaparte? Would it make the least difficulty in changing its constitution? A constitution which has never been heard of since it was decided upon at Lyons.—If the European powers, if Prussia, remain as they are, what can prevent his appointing his Imperial Highness Joseph, the Statholder of Holland? We repeat, therefore, that in one year, if the powers of Europe remain as they are, this plan will be effected. But it will not be effected, it will not even be tried, if the European powers assume a decided attitude, and coalesce against Bonaparte. And they are on the point of assuming this attitude; we know that Russia has declared against him; we suspect that Prussia is no longer friendly; and we see that Austria is assembling a large army upon his frontier.—These are good symptoms—they are symptoms that the
continental powers suspect him: that they are at last awake to their real interests; that they will not be made such puppets as they have been, and that they will no longer suffer him to play them off against each other, as he has done.—To suspect a man is one of the means of defeating his projects.
WASHINGTON CITY.
WEDNESDAY, MARCH 20.
The FOURTH of MARCH, the anniversary of the election of Mr. JEFFERSON, and the era of his re-election, has been celebrated by large assemblies of republicans in different parts of the union. In addition to the celebrations at the places we have already stated, the day has been celebrated at Bolton, Portland, Worcester, Providence, Walpole, Salem, Lancaster, Hartford, and Portsmouth. At all these places, if we judge from the toasts and sentiments published, there appears to prevail the utmost harmony and satisfaction among the republicans. Whatever subordinate points of disagreement may exist, appear on this auspicious day to have been superceded by a general and lively joy. Nor ought it to escape attention, that, on this occasion, however just and striking the homage deservedly bestowed on the virtues of the man, it is the cause of liberty that excites the fullest devotion. This is a republican trait of character, which we hope will forever endure. Principle, and principle only, should command the highest devotion of freemen; those whose lives are spent in its protection have the next claim to their respect and affection.
We execute no small degree of self-denial in excluding these details from our columns. But the mass of original and interesting matter, which we have in readiness for the press, is so great as to render unavoidable the omission of many articles of merit, which appear in other prints. It is our purpose to give the whole trial of judge Chase in its full details, with the least possible delay, consistently with the insertion of other matter of the first importance. We are the more solicitous to do this, that there may be laid before the public a correct statement of this important trial, which, viewed in its various aspects, merits and will reward as great attention, as any event which has occurred in the United States. Under a full impression of its interesting nature, unremitted exertions have been made to present it in the most correct form; and it will appear, not only in the National Intelligencer, but likewise in one or more volumes, for which a copy right is obtained.
An arrival at Philadelphia brings London papers to the 29th, and Liverpool papers to the 31st of January. The extracts from those papers, which we find in the Philadelphia prints, are of but little importance. We have however received a number of London prints, one of which enables us to lay before our readers the English declaration of war against Spain.
On the 11th inst. at an election held at Boston for municipal officers, the whole number of votes given was 2187 for nine select men chosen—Four citizens were elected by nearly an unanimous vote. Of the remaining five, the federal candidates, who succeeded, had from 1284 to 1097 votes, and the republican from 1069 to 991 votes. This augurs well, so far as it relates to the approaching general election.
MILAN, Dec. 17. Mr. Livingston, the late envoy from the States of North America to Paris, has arrived here; he is making a journey into Lower Italy.
New York, March 16. We learn by the brig Washington, from Teneriffe, that two or three days previous to her sailing a packet arrived there with the intelligence that Great Britain had declared war against Portugal, and that the former had attacked and taken possession of Madeira.
Judge WILSON'S Works.
Just Published, and for sale by Rapine, Conrad, & Co. NEAR THE CAPITOL.
THE works of the Hon. James Wilson, L. L. D. late one of the Associate Justices of the Supreme Court of the United States, and professor of Law in the College of Philadelphia, 3 vols. with an elegant portrait of the author.
This valuable work contains the learned author's Lectures on Law and other works connected therewith, of which he takes a most comprehensive view, and ably explains that intricate science. March 20—22w3w
VILLARD'S LITTLE COTTAGE & SPRING GARDEN.
THE Ladies and Gentlemen of Washington and George Town, are respectfully informed, that the Cottage and Garden is open for their accommodation, and provided with Ice Creams, Tea, Coffee and other refreshments, as heretofore, by their humble servant. Washington, March 19—3t
In the case of Frederick Betts, an insolvent debtor.
District of Columbia, Washington county, to wit:
ON the petition of Frederick Betts, an insolvent debtor confined in the prison of Washington county for debt. Notice is hereby given, that on Saturday the 23d inst. at 10 o'clock, A. M. at the court room in the Capitol, the oath of an insolvent debtor will be administered to the said Frederick Betts agreeably to the act of Congress now in force on that subject, and a trustee appointed, unless sufficient cause be then and there shown to the contrary. It is ordered that this notice be published twice in the National Intelligencer previous to said day.
By order of the hon. Wm. Kilty, eq. chief judge of the circuit court of the district of Columbia.
URIAH FORREST, Clk. March 20—2t
NOTICE.
The Legionary Court of Enquiry of the First Legion of the Militia of the District of Columbia, which met by adjournment at M c Laughlin's tavern in George Town, the 5th March inst. is again adjourned to meet at same place the 30th i.d. at 10 o'clock in the morning. In instances where the command of the company has devolved on the Lieutenant, from the resignation of the Captain he is considered as a member of the Court and will attend as such. Wm. D. BEALL, Adj. March 20—5t
PUBLIC SALE.
ON Saturday the 13th of day of April next at the dwelling house of the late Col. Charles Beatty, deceased, in George Town, will be exposed to public sale, the whole of the personal estate of the deceased, consisting of household furniture, as beds, tables, chairs, &c. and kitchen furniture, with a variety of mathematical instruments, maps, charts, a negro child, &c. &c. Six months credit on sums over 20 dollars. G. A. BEATTY, A. RITCHIE, Adm rs . with the will annexed. March 19, 1805—1aw3w
THIS is to give notice that the subscribers of Washington county in the district of Columbia have obtained from the Orphans court of said county letters of administration with the will annexed, on the personal estate of Col. Charles Beatty 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 subscribers, at before the first day of November next, they may otherwise by law be excluded from all benefit of the said estate. Given under our hands this 19th day of March 1805. CHARLES A. BEATTY, & AB. RITCHIE, Adm rs . with the will annexed. March 20—1aw3w
PROPOSALS
FOR PUBLISHING BY SUBSCRIPTION, A Statistical Manual, For the United States of America.
CONTAINING, A series of concise and comprehensive tables, comprising the most important national information attainable from a succession of years down to the year 1805, from the most accurate public and private documents extant, relative to the progressive rate of increase of these states in their population and general wealth;—and a general statistical atlas, with notes illustrative and explanatory. By SAMUEL BLODGET, Jun. "felix qui potuit rerum cognoscere causas."
COPY RIGHT SECURED.
The utility of a work of this kind being obvious, and a sufficient number of subscribers to insure its success, already obtained in members of Congress and heads of departments alone, the book will appear as soon as the copper plate work can be finished, those with above 60 concise and neatly arranged and printed tables, included in an octavo book of above 200 pages in boards, will be delivered at 250 cents. Messrs. Way, Rapine, Duane and March, will receive an allowance of a 10th volume on the number of subscribers for whom they may become responsible, and these terms will be extended to all who choose thus to promote the subscription, provided their returns be made before the 30th of April next. March 6—
Valuable Land for Sale.
The executors of the last will and testament of Anthony Holmead deceased, will sell at private sale about forty acres of Land adjoining the city of Washington at the northern extremity of 20th street west. This land is generally allowed to be one of the handiest situations near the city, having a beautiful prospect of nearly the whole of the city of Washington, Alexandria and George Town, and any person inclined to purchase this valuable property, will be shown the same, and know the terms by application to the subscriber near the premises. JOHN HOLMEAD.

PUBLIC NOTICE.
Pursuant to a resolution of the House of Representatives of the United States of the 28th of February last, I am ready to receive separate proposals, until the first day of May next, for the supply of such articles of Stationary as may be necessary for the service of the said House, at and during the next session of Congress, and also like proposals, for the execution of all the Printing business of the said House, during the same session. The several species of Stationary and Printing wanted, are subjoined 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, } 11th March, 1805. }
STATIONARY WANTED.
Letter paper, hot pressed, vellum, extra } large, } per ream. Do. do. plain, Folio post, wove and plain, Do. medium size for engrossing, Fools cap, Ready made pens, per hundred, and quills per hundred. Bell Dutch red wax, } Do. black do. } per lb. Red wafers, Common black sand, in papers, and Wafer boxes and pounce boxes, per dozen. Inks and tints, per pair. Half pint phials with corks, } Lo priced folders, } per dozen. 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 32 inches. Office pen knives, and crafting knives.
The supply of those 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 8000 dollars will be required.
PRINTING WANTED.
Plain work, per sheet, octavo 300 impression of each sheet. Bil a numbered per line, in sheet or half sheet, folio. Figure work, } in octavo, and in Rule and figure work, } folio, same number Table work, } of impressions. Folding and stitching per hundred, for any number of documents exceeding three half sheets, and thence to twenty half sheets, and for all above Book binding in boards, } per folio and octa- calfs, } vo volume, marked sheep, } and lettered.
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 and 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 contract 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.
JOHN BECKLEY.
March 13—cp3w
By virtue of an order from the Orphan's court of Prince Georges county, state of Maryland, will be exposed to public sale on Saturday the 30th inst. at the late dwelling house of Peter Wood, jun. late of said county deceased. The household furniture of the deceased, consisting of beds, chairs, tables, &c also part of the stock, consisting of sheep, hogs, and cattle. The terms of sale are twelve months credit, the purchaser, or purchasers to give bond with approved security bearing interest from the day of sale.
JOHN T. WOOD, Administrator. March 13—6t
RAGS.
THE highest price CASH, given for clean RAGS, by EDGAR PATTERSON, George town, and SAMUEL STETTENIUS, near the Centre market, Washington. March 8—tf.
Young Ladies Academy.
MRS. O'REILY respectfully informs her friends and the public that she has removed her academy from Baltimore to Alexandria, where she will receive young Ladies who shall be taught the English and French languages grammatically; writing and arithmetic; history, geography and the use of the globes; music, drawing, and all kinds of work, viz. embroidery in chenilles, gold, silver, silks, &c. comprising figures, historical and ornamental, landscapes, flowers, fruit, birds, &c. maps wrought in silks, chenilles, gold, &c. print work in figures or landscapes; cloth work in fruit, birds, flowers, &c. filagree and venishing in wafers, pyramids, baskets, tea caddies, opergues, &c. grotto and shell work, artificial flowers, tambor and dieffen, croiss stitch, tent stitch, tapestry, &c. bugie and peal work, painting on velvet, gauze, silk, vellum, &c. Her terms are 200 dollars per annum for board and tuition. For music 18 dollars per quarter. Drawing 8 dollars per quarter. Washing 8 dollars per quarter. Every young Lady furnished by Mrs. O. R. with bed and bedding will be charged 4 dollars per quarter. March 8—tm.
TO PRINTERS.
THE subscriber takes Order for Type from the well known Foundry of William Caslin, Jun. and Co. London—Specimens and list of London prices to be seen at Mr. Geo. W. Riggs, Georgetown.
CHARLES WIRMAN, No. 215, Market-street, Baltimore.
Tan. 16. tf.
ADAM KING, & Co.
AT their wine Store in High Street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual, will be attended to with the utmost attention, George Town, November 5—tf
NEGROES FOR SALE.
IN pursuance of a decree of the high court of Chancery of Maryland, the subscribers will sell at public sale on Thursday the 4th day of April next, at the late dwelling place of Mrs. Margaret Bowie, near Nottingham, in Prince Georges county, 11 negro slaves, ALL of them young, and likely. The sale will begin at 12 o'clock, and be for cash.
PHILIP M. CHEW, } Trustees. ED MARSHALL, } March 8—3w.
Bank of Columbia.
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, on or after Wednesday the 20th inst.
WILLIAM WHANN, Cashier.
March 18—6w
CHARLES H. VARDEN, MERCHANT TAILOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Bennet's cord, toilettes, fancy and white Marseilles, black and figured silk, moleskins, fancy silk, Marseilles, constitution cords, velvets, Genoa cord, silk and satin Florentines, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season.
N. B. Ladies habits, regimentals, and navy uniforms made in the first stile of fashion. New Jersey avenue near the Capitol, December 10—tf
ROBERT CHERRY.
HAS removed his store, to the house of Mr. George Blagden New Jersey avenue on the Eastern Branch, where he has just received (in addition to his former stock) by the Schooner Hyland from Philadelphia a general assortment of groceries and liquors of superior quality, with a few boxes India china of the best quality eighty pieces to the set; all of which he will sell wholesale and retail at the most reduced prices for cash, or in exchange for country produce—All orders in his line will be executed with punctuality and dispatch; he flatters himself from the quality of his articles he will be able to render ample satisfaction to his friends and all those who may be pleased to favor him with their custom. All kinds of commission business will be attended to with the utmost attention. Washington city Dec. 12—tf
THE subscribers have opened a GROCERY STORE in the house near the Capitol, lately occupied by Mr. JAMES D. BARRY—where they have for sale, low, for cash or in exchange for country produce. Genuine Cogniac brandy, Inferior French do. Old Jamaica spirits, Madeira, Sherry, Lisbon, Claret, Brown Sugar, Loaf and Lump, Molasses, Firkin Butter, Mould Candles, Sweet Oil, Spices of different kinds, Fig Blue, Starch, Almonds, Anchovies, Capers, Powder and Shot, Excellent Wine Vinegar, Gin, Whiskey, Ryon, Imperial, Young Hylon, Salt Herrings in Barrels. PETER HEALY, & Co. Washington October 31—tf
Wines, by the quarter cask and safe, or smaller quantity. To which will be added A MAP OF OHIO, from actual surveys, including the whole of the Virginia Military tract; with all that part of the state west of the Ohio river, to the Indian boundary line. The North-east corner of the map will be ornamented with an interesting view of the CITY OF RICHMOND. The size of the Map will be 3 feet 6 inches in length, and 3 feet 3 inches in breadth. An ingenious and skillful engraver is engaged to execute the work, in a style not inferior to any similar work in the United States. CONDITIONS. The price to subscribers will be eight dollars, neatly mounted, colored, and glazed. One dollar, (to lighten the great expense of publication) to be paid on subscribing. To non-subscribers, the price will be ten dollars. Copy right secured. IN offering the above work to the public, the proprietors are sensible that excellence is not often attainable; but with candor and truth, equally remote, from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people. A map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years. The labor, expence, and apparent difficulties, in accomplishing so interesting a work, have deterred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar productions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well grounded belief, that the magnitude and utility of the work, would insure, if accomplished, a remuneration. And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe she will view domestic productions, which prove pre-eminently useful, with a generous pride. Those gentlemen who take subscription papers, are requested to return them to the subscriber, in Petersburg, by the first day of May. The maps will be ready for subscribers, in the course of the ensuing summer. WILLIAM PRENTIS. Petersburg, Feb. 1805. Subscriptions received by SAMUEL H. SMITH, and by several gentlemen with whom subscription papers are lodged. eb, 20—tMar. 31
CONDITIONS.
The price to subscribers will be eight dollars, neatly mounted, colored, and glazed. One dollar, (to lighten the great expense of publication) to be paid on subscribing. To non-subscribers, the price will be ten dollars. Copy right secured.
IN offering the above work to the public, the proprietors are sensible that excellence is not often attainable; but with candor and truth, equally remote, from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people. A map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years. The labor, expence, and apparent difficulties, in accomplishing so interesting a work, have deterred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar productions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well grounded belief, that the magnitude and utility of the work, would insure, if accomplished, a remuneration. And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe she will view domestic productions, which prove pre-eminently useful, with a generous pride. Those gentlemen who take subscription papers, are requested to return them to the subscriber, in Petersburg, by the first day of May. The maps will be ready for subscribers, in the course of the ensuing summer. WILLIAM PRENTIS. Petersburg, Feb. 1805. Subscriptions received by SAMUEL H. SMITH, and by several gentlemen with whom subscription papers are lodged. eb, 20—tMar. 31
At the store at the 7 buildings. March 11—tApr
FOR SALE.
ON the 3d of April next, A. M. By virtue of a deed of trust dated 30th day of November 1804—will be sold at public sale, on the premises, all the right and title of Wm. McDono in a two story Brick House (nearly finished) and Lot, situated near the war office, in sq. no. 168, in the city of Washington, and nearly opposite the house occupied by Gabriel Duval, Esq. For the terms and further particulars enquire of THOS. W. PAIRO. At the store at the 7 buildings. March 11—tApr
At the store at the 7 buildings. March 11—tApr
The subscribers has just laid in, and have for sale, at their Warehouse on the New Jersey avenue, near Barry's wharf—a quantity of Superfine FLOUR for family use, Corn, Corn meal, Chopt corn, Oats, Shorts, Bran, Salt, &c. &c. All of which they will sell on reasonable terms for cash. PETER MILLER, BBENEZER ELIASON. Washington, March 15—3t&6w
TO BE SOLD,
ON Saturday the 23d inst. at 11 o'clock at the late dwelling plantation of JOSEPH GALLOWAY, Esq. deceased, the following articles—Horses, oxen, plantation utensils, beds and other household furniture—a gig with harness for two horses, about 40 barrels of Indian corn, and 600 gallons of cider, the greater part of which was made of Hughs's crab apples. Credit will be given until the first of January next, and bonds bearing interest with approved security will be required. All persons indebted to said estate are requested to call and pay the amount to Mr. John Galloway of West River and those who have claims against it, are to present them properly authenticated to him for settlement. DAVID LYNN, Adm'r. West River, March 15—4t
IN the estate of WILLIAM SHEPHERD, an Insolvent debtor.
ORDERED that six months from and after the first day of December next, is limited and appointed for the creditors to bring in and exhibit their claims to the trustee. It is also ordered that this notice be published in the National Intelligencer once a month prior to said day. By order of the hon. Wm. Kilty, esq. chief judge of the circuit court of the district of Columbia. URIAH FORREST, Clk. Nov. 23.
Having been appointed trustee in the above case, the creditors are required to exhibit their claims, within the limited period at my office ROBERT W. PEACOCK. November 23—tam6m
A Stray Cow.
TAKEN up about the first of January near Mrs. Cassivees, a RED COW, with white under her belly, while legs, and the tip of her tail white, she has two flits on her left ear, and a star on her forehead. The owner may have her again on proving property, and paying charges, on application to the subscriber living on the plantation formerly occupied by Mr. Downs. JOSEPH THOMAS. March 18—3t
FOR SALE.
ON FRIDAY THE 22ND INSTANT, WILL be offered at public sale, for ready money, at the present dwelling of Mrs. ELIZA PEACOCK, opposite Mr. Lewis Morin on the Pennsylvania avenue, sundry articles of
HOUSEHOLD & KITCHEN FURNITURE, And a collection of Books
The sale to commence at 11 o'clock, A. M. N. B. Mr. Peacock having been in the habit of lending out almost indiscriminately, a number of books, and to whom it is impossible to recollect—it is requested that any person having any of those books will return them to Mrs. Peacock as early as possible. Any of the above articles may be had at private sale on application to ELIZA PEACOCK. City of Washington, March 18—3t
City Lots for Sale.
THE undermentioned lots of ground are offered for sale, either separately or by squares, on liberal terms either for cash or on credit—they are all free from mortgage or incumbrance, and are subject to no litigation or contest, as the titles are derived by immediate conveyances from the chancellor of Maryland and the commissioners of Washington, to Messrs. Henry Pratt, Thomas Willing Francis, John Miller, junior, John Ashley and Jacob Baker, trustees of the Aggregate Fund.
Square No. 54 Lot no. 9 17 72. Lots no. 2 4 8 10 12 13 14 15 18 sq 84 Lot no. 1 Sq 85 Lots no. 20 22—Sq 103 Lots no. 7 8—Sq 145 Lots no. 1 2 7 8—Sq 146 Lots no. 1 2 3—Sq 147 Lot no. 4—Sq 163 Lots no. 5 6 7 12 13 14—Sq 258 Lots no. 6 7 10 11 12 13 16—Sq 293 Lots no. 1 2 3 7 8 11 12 13 18—Sq 349 Lots no. 1 2 8—Sq 376 Lots no. 10 16 17 18—Sq 407 Lots no. 3 4 7 8 9 17 18—Sq 487 Lots no. 5 6 7 10—Sq 488 Lots no. 9 12 Sq 489 Lots no. 6 9 Sq 491 Lots no. 10 11 12 16 19 20 24—Sq 493 Lots no. 7 8—Sq 494 Lots no. 8 9 10—Sq 531 Lots no. 3 4 11 12 13 14 Sq 533 Lots no. 13 15 16 17—Sq 584 Lots no. 1 2 3 4 21 22 23 24—Sq 588 whole square. East of 590 whole square. Sq 635 Lots no. 1 2 3 5 6 9 19—Sq 638 Lots no. 1 2 3—Sq 639 Lot no. 1—Sq 640 Lots no. 1 2 3 4 10 11 12 13 14 15 16 17 18—Sq 641 whole square—Sq 642 Lots no. 1 6 7 8 9 10 11 12 13 14 19—East of 643 Lot no. 2—South of 643 Lots no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20—Sq 644 Lots no. 1 5 7—West of 645 whole square—Sq 878 Lots no. 16 17 18 19 20—Sq 973 Lots no. 4 5 6 7 8 20 21—Sq 995 Lots no. 8 9 10 11 12 13 14 15 16 17 18—South of 1019 Lot no. 1 2 4—Sq 1020 Lots no. 1 2 3 4 5 25 26 27 28 29 30 31 32 33 34 35 36 37 38—Sq 1021 Lot no. 1—Sq 1022 Lot no. 2—Sq 1023 Lots no. 4 5 7 8 9 10—Sq 1024 Lots no. 1 2 3 7—Sq 1045 Lots no. 9 10 12—Sq 1046 Lots no. 2 14 15—Sq 1047 Lots no. 7 8 9 10 11 12 13 19 20—Sq. 1048 Lots no. 7 8 9 15 16 17 18 19 20 21 22 23
Persons disposed to purchase are desired to apply to THOMAS HERTY, Esq. attorney at law and conveyancer, opposite to Rhodes's tavern Pennsylvania avenue.
JAMES GREENLEAF, Agent and attorney to the trustees of the Aggregate Fund. Washington, New Jersey avenue, Feb. 27—3t&wtf
NEW Store.
BY WHOLESALE AND RETAIL. The subscriber informs the public that he has commenced business in the house formerly occupied by
MR. QUINN, F. Street;
And has on hand, a general assortment dry goods, Groceries, wines and spirituous liquors, Porter, Hardware and Cutlery, Queenware, China and Glass, Flour, Corn, and Corn-meal, Oats, and Chopped rye, Candles and Soap by the box, Country whiskey by the barrel, and a few casks of genuine old Irish whiskey All of which he will sell low for cash or country produce. The HIGHEST prices, given for country produce, CASH. FRANCIS CLARK. Aug. 29—wtf.
FOR SALE.
A Tract or parcel of land, containing one hundred thousand acres, surveyed in tracts of one thousand acres each, lying on the great Satilla and St. Mary's rivers in the counties of Wayne and Telfair in the state of Georgia, distant about 40 miles from the town of St. Mary's and the sea. This land is an undivided moiety of two adjoining tracts containing each 100,000 acres, and is remarkable for its extensive forests of large and valuable yellow pine, and the luxuriant growth of natural grass, affording an inexhaustible range of pasturage for cattle. It is also favorable for the culture of cotton, and lies in a very healthy district of country. A great bargain may be had to a purchaser of the whole undivided moiety; for terms of sale apply to JOHN BECKLEY. City of Washington. Sept. 12—tf.
NOTICE.
A Gentleman of a good character, and qualified to teach English and Latin may meet with an eligible situation, by application to the teacher of the academy in Alexandria. March 4—fw
NOTICE.
By virtue of a writ issued Venditioni Expo-nas issued from the circuit court of the district of Columbia for the county of Washington at the suit of the President Directors and Company of the Bank of Columbia—Will be exposed to public sale for ready cash on the 28th day of December next, at Wm. Rhodes's tavern in the city of Washington, all the right, title, claim and interest of John P. Van Nels in and to the following property, viz.—Lots no 3 4 5 and 6 in sq no 492 Lots no 5 9 and 10 in sq no 493 Lots no 4 5 6 and 7 in sq no 494 Lots no 5 6 7 8 9 10 11 and 13 in sq no 535 Lot no 1 in sq south of sq no 463 Lot no 15 in sq no 878 Lots no 5 6 9 and 10 in sq no 874. Lots no 5 7 8 9 10 12 13 14 15 17 18 19 20 in sq no 585. Lots no 9 10 12 13 14 15 17 18 19 20 in sq no 587 Lots 2 3 4 5 15 16 17 18 20 21 and 22 in sq 642 Lots no 1 2 3 4 5 6 and 7 in sq no 537 Lots no 2 and 3 in sq no 577 Lot no 3 in sq no 579 Lots no 1 2 3 4 5 and 6 in sq no 581 Lots no 2 and 18 in sq 583 Lot no 1 in sq north of sq 583 Lots no 20 21 22 23 24 25 26 and 27 in sq south of sq no 643 Lots no 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 and 28 in sq no 645 Lots no 2 8 and 11 in sq no 792 Lots no 16 17 18 19 20 21 22 23 24 25 and 26 in sq no 236 Lots no 6 and 7 in sq no 256 Lot no 11 in sq no 378 and lots no 13 14 and 15 in sq no 491 as laid down in the plan of the city of Washington—The sale will commence precisely at 10 o'clock. DANIEL C. BRENT, Marshal. October 29—tawtf
The sale of the above property is postponed to the 24th day of April next, on which day the sale will certainly commence precisely at 10 o'clock. Dec 19—w2.
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, 1791, for regulating the materials and manner of buildings and improvements on the Lots in the City of Washington, it is provided "that the owner 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 authorised 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, in the year 1796, to the first day of January next—and beneficial effects arising from such suspensions having been experienced, it is deemed proper to revive the same with the exception hereafter 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 are hereby suspended until the first day of January, in the year one thousand eight hundred and six, 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 six, 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 floor to the eve shall be erected, nor shall such house be placed within twenty four feet of any brick or stone house.
Given under my hand the twentieth day of December, 1804. TH: JEFFERSON. Dec. 24—tawtA
DISCOVERED a few day since (in the Telegraph) a challenge by Samuel Norwood, Esq. Bonaparte against Democrat—
At Annapolis this fall, I proposed running Democrat against Bonaparte, carrying from 110 lbs to 140 at the discretion of Mr. Norwood; which was rejected. As Mr. Norwood refused the proposition made by me at that time, I am not bound to run the race proposed by him in the Telegraph—Democrat will run Bonaparte over the Annapolis race course, on the third Tuesday in May next, four miles and repeat, for 1000 dollars, play or pay, carrying 120 lbs. each; which is the weight they are to carry by the rules of racing, both being seven years last spring—She id Mr. Norwood decline this offer, Democrat will cover mares next spring at the subscriber's farm, from the first day of March until the first day of August, at Sixteen dollars each and Fifty cents for the groom. Democrat's pedigree is equal to the pedigree of any horse to be produced, having in him the blood of Medly, Eclipse, Figure, Dove, Godolphin, Arabian, and Mr. Taskin's Silima.
If this proposition is approved of by Mr. Norwood, notice will be given in the Maryland Gazette within forty days from the date hereof. ISAAC DUCKETT. December 21—tawtApr30
In the case of HENRY DUNLAP an insolvent debtor.
ORDERED that six months from and after the first day of February next, be limited and appointed for the creditors to bring in and exhibit their claims to the trustee. It is also ordered that this notice be published in the Washington Federalist and National Intelligencer, and in a paper published in Philadelphia once a month for three months. By order of the hon. Wm. Cranch, esq. one of the assistant judges of the circuit court of the district of Columbia Test U. FORREST, Ck. Jan. 28—tam3m
The subscriber being appointed trustee in the above case, requests the creditors of the said Dunlap to exhibit their claims without delay. JOHN THOMPSON.