The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-08-28 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE. NO. DCCLXII. FIVE DOLLARS PER ANNUM. WEDNESDAY, AUGUST 28, 1805. PAID IN ADVANCE.
National Intelligencer.
The publication of the Debate in the House of Representatives on the Yazoo Claims is resumed in this day's paper. It was not only the wish, but the effort of the Editor to give the whole of this debate to the public with the least possible delay. His reporter was accordingly requested to draw it out immediately. This having been done, the publication was commenced and continued until the final speech of Mr. John Randolph. With the view of rendering the report the more correct, this speech had a few days after its delivery been submitted to his revision, under an engagement to give it the earliest attention. Circumstances having prevented this during the session of Congress, Mr. R. took the notes with him, with the assurance that the promised revision should be immediately made and forwarded. Having reached that stage of the debate in which this speech was delivered, it was suspended on the 15th day of March, under the daily expectation of receiving the speech, which, it was the more desirable to give before those subsequently delivered, as they were, in many respects, replies to it, and could not be fully understood without its previous perusal. This suspension was continued from time to time in the hope, from the tardiness of Mr. R.'s letters, of receiving his revision in a short time. As expectation, however, of this having now ceased, from the length of time which has since elapsed, the conclusion of the debate is given. Should Mr. R.'s remarks be hereafter received, they shall be inserted, and the report be thereby rendered complete.
Congressional Register.
HOUSE OF REPRESENTATIVES.
FRIDAY, JANUARY 31.
DEBATE ON THE YAZOO CLAIMS. (Continued.)
MR. LYON. After having taken a view of the subject now before the House during the last session in all its shapes and bearings, and after having, in a very ample and explicit manner, given the reasons which governed my vote at that time, it was my intention to have given a silent vote on this occasion. The hope of changing the mind of a single member does not now call upon me to rise; no, sir, the uncaused insinuations, the undeserved reproaches and calumnies from a member from Virginia have caused me to break through that silence I had imposed upon myself. Yet, since I am up, permit me to remind you, sir, of that view, and in a very brief manner of those reasons which will in every stage of this business induce me to adhere to the contemplated compromise. It seems that the government of Georgia in 1789, made an agreement with certain companies which was not fulfilled by the grantees, nor consummated by the government of Georgia, for the sale of a large part of their western lands; accordingly the legislature again offered those lands for sale, and by solemn legislative and executive acts, did sell, and by deed convey 40 millions of acres of those lands to certain other companies, for which they received the compensation agreed on. That those grantees having it in their power to show to purchasers the best possible evidence of a good and authentic title, did sell the property thus purchased to other purchasers, who had the best right imaginable to put faith in the authenticated documents and title papers presented to them, documents and title papers as good as any ever obtained from an individual by another, or from a state or a nation by a purchaser. Notwithstanding which the succeeding legislature not liking the bargain assumed or attempted to assume the power of reclaiming the property, and passed an act purporting their intention of invalidating the title given by their predecessors, as well as for the destruction of the records and every evidence of the title given by them.
It appears that the purchasers when they found Georgia offering to cede those lands to the United States gave warning and notice of their claims to the Chief Magistrate of the Union, in consequence of which or for some other cause, a provision for a compromise with the claimants was made in the law which authorized the holding a treaty with Georgia respecting the cession of those lands. Commissioners of the United States, agreeably to the powers vested in them by that provision, have met the claimants and have, it seems, agreed on terms of compromise, which in my opinion are very advantageous to the United States, which compromise is now before this House for their sanction.
I stated last year that under my impression of the validity of the title of the claimants, the compromise was more advantageous to the nation than could be expected, more advantageous to be sure than I had previously expected could have been made. I still think it an advantageous bargain on account of the revenue which will arise from the sale of the residue of the lands. Seven-eighths of 40 millions, to which an unexceptionable title can then
be given, a title which good farmers and useful settlers will not fear to improve under. Advantageous I say also, on account of the benefit to be derived from the early settlement of some of the best lands, and in the best situation of any the government claims. A country intersected by many navigable waters, and through which the road goes from almost every state in the Union to Natchez and New-Orleans, a road which in the present state of things, is frequently infested with murderers and freebooters.
Nothing could be more surprising to me than the opposition this, in my opinion, reasonable, necessary and profitable compromise has met with both last session and this. I say profitable, because it takes not a cent out of the Treasury, nor from any other fund but the land itself, which however wrong it was to purchase it, knowing it to be sold to others, whose claim was in a measure recognized by the contemplated compromise at the very outset of the negotiation. However wrong, I say, it might have been for the United States to have become the purchasers, they have not paid, nor are they bound to pay a shilling from any other fund than the land itself, notwithstanding all this clamour about robbery. Such has ever been my opinion of public faith, that although I doubt not that bribery was used in the legislature of Georgia in the transaction of 1795 to a certain degree, their successors and the state were bound to abide by the solemn contract.
I say solemn, because it appears to be confirmed by the executive of the state, against whom I do not recollect any charge of bribery to have been made, had that executive (who was on the spot and must have been a better judge of the corruption talked of than we can be) arrested, by his withholding hand, the completion of the contract, and refused his signature to those papers which enabled the purchasers to convey their purchase to others. I should now say the title being incomplete we have nothing to fear from it, we want no compromise—This no doubt would have been done had the executive supposed that the people of Georgia were injured, and that they would support him in that refusal. But, sir, the honors and preferments retained by and conferred on so many of those persons charged with the bribery, leads me to believe that there were causes unknown to me which led to the uneasiness on the part of the people of Georgia, with regard to the sale in 1795, and led to the attempt at resuming the right to the lands in 1796.
In the course of this discussion, we who wish for a compromise of this perplexing business; this business which seems to be kindling the greatest discord in the nation have been charged with an intention of committing a robbery which is far to exceed all the petty larcenies of the former administration, and such of us as have aided to depose the former and support the present administration are threatened with being for the future considered as Federalists, let our professions be what they may. For my part I can assure the member who threatens us, that it never in my life gave me pain to be called a Federalist in the true sense of that word, in the sense in which the word was used by the great man who said, "we are all Federalists, we are all Republicans," but, sir, it really gives me pain to hear and to see the character of the head of one of the departments of our government lugged into this debate, and so liberally treated. The man I respect highly both for his integrity and talents, in the first of which in my opinion he stands behind no man in this nation, and although he has the misfortune to suffer the censure of the member from Virginia, I believe he enjoys almost universal applause for the great zeal, fidelity and sound discretion with which he has discharged the important functions entrusted to him.
From the drift of the speeches delivered by the member from Virginia, from his call for the Post-Master-General's report of a list of his contracts, and from the invitation he has given to an examination of that report, I am led to consider it a duty I owe to myself, in this House and in the face of the world to take up that report and explain the nature of the contracts which there appear in my name. I find my name seven times mentioned in that report; the first is in the 12th page for a contract for carrying the mail from Cincinnati to Detroit, the second is in the same page, and is from Marietta to Cincinnati; these two contracts I never solicited or bid for, but the Post-Master-General, having advertised for proposals and having received none that he thought reasonable, they being new routes and to be let for one year only, he wrote to me offering the price they stand there at and I undertook to get the business done; for the performance of the latter contract I gave every cent I received and without saving one penny for a great deal of trouble, risk, and perplexity, I had taken up myself to get it effected; from the other I saved a few dollars toward paying me for the care, trouble, and responsibility I had sustained on the occasion; long before these contracts
were out I informed the Post-Master-General that I should take neither of them again, and the contract from Cincinnati to Detroit was let to another person at 105 dollars 60 cents more than was given me; this may be seen in the 22nd line of the 20th page of the same report.
The third time my name is mentioned is in the same 12th page and is from Hartford to Fort Massac, a distance of about 180 or 190 miles, for which 654 dollars 75 cents is paid, out of this 65 dollars is to be paid for ferrage. For some part of this route I am obliged to give much more than a proportionate share of what I receive, some other parts I give a trifle less, sometimes my own horses carry the mail. I cannot with precision tell what is lost or gained in it, but it cannot be 50 dollars either way. The 4th contract is also in the same page, it is from Russellsburg to Edgelygrove or rather Eddyville, it is 80 miles for which 240 dollars is paid, this is as low if not lower than the price given any where south or west of this place, and I give to the person who performs it the whole amount of what I receive. The 5th and 6th time my name is mentioned in that report is in the 28th page, those are merely a renewal of the two last mentioned contracts which had expired in 1803; all those contracts were made before I was elected to my present seat in this House, before I had the pleasure of a personal acquaintance with the present Post-Master-General and before I ever spoke with him.
The 7th contract is noticed in the last page of the Post-Master-General's report, which is from Massac to New Madrid, from Kaskaskias to Girardeau, from Cohoka to St. Louis, a distance of more than 200 miles for 515 dollars out of which more than 150 must be paid for ferrage at the rate ferrages stood at the time of the contract.
This is the true history of the contracts by which it is insinuated that the Post-Master-General has bribed me. I never was bribed, sir, it is not all the lands and negroes my accuser owns that could tempt me to do a thing which honor or conscience dictated to me to avoid. I could, sir, if it was pertinent, show how the over vigilance of the present Post-Master-General has deprived me of the benefit of the only profitable contract I ever made with the government, a contract made with his predecessor, which he very improperly in my opinion, considered void on account of some words in it not being exactly consonant with the intention of the contracting parties; believing, however, that the Post-Master-General designed to do what he thought right, he has not lost my esteem, nor do I think his character can be injured by the braying of a Jackass or the fulminations of a madman. But, sir, permit me to enquire from whom these charges of bribery, of corruption, and of robbery come; is it from one who has for forty years in one shape or other been intrusted with the property and concerns of other people, and has never wanted for confidence, one whose long and steady practice of industry, integrity, and well doing has obtained him his standing on this floor? Is it from one who sneered with contempt on the opportunity with which he was solicited to set a price on the important vote he held in the last presidential election. No, sir, these charges have been fabricated in the disordered imagination of a young man whose pride has been provoked by my refusing to sing encore to all his political dogmas. I have had the impudence to differ from him in some few points and some few times to neglect his fiat. It is long since I have observed that the very sight of my plebeian face has had an unpleasant effect on the gentleman's nose, for out of respect to this House and to the state he represents, I will yet occasionally call him gentleman. I say, sir, these charges have been brought against me by a person nursed in the bosom of opulence, inheriting the life services of a numerous train of the human species, and extensive fields, the original proprietors of which property in all probability came no honester by it than the purchasers of the Georgia lands did by what they claim. Let that gentleman apply the fable of the thief and the receiver in Dilworth's Spelling Book, so ingeniously quoted by himself to his own case, and give up the stolen men in his possession.
I say, sir, these charges have come from a person whose fortune, leisure and genius, have enabled him to obtain a great share of the wisdom of the schools, but who in years, experience and the knowledge of the world, and the ways of man is many, many years behind those he implicates, a person who from his rant in this house seems to have got his head as full of British contracts and British modes of corruption as ever Don Quixote's was supposed to be of chivalry, enchantments, and knight errantry, a person who seems to think no man can be honest and independent unless he has inherited lands and negroes, nor is he willing to allow a man to vote in the people's elections, unless he is a land holder.
I can tell that gentleman, I am as far from offering or receiving a bribe, as he
or any other member on this floor, it is a charge that no man ever made against me before him, who from his insulated situation, unconversant with the world, is perhaps as little acquainted with my character as any member of this House, or almost any man in the nation, and I do most cordially believe that had my back and my mind been supple enough to rise and fall with his motions, I should have escaped his censure.
I, sir, have none of that pride, which sets men above being merchants and dealers, the calling of a merchant is in my opinion, equally dignified, and no more than equally dignified with that of a farmer or a manufacturer. I have a great part of my life been engaged in all the stations of merchant, farmer and manufacturer, in which I have honestly earned and lost a great deal of property, in the character of a merchant. I act like other merchants, look out for customers with whom I can make bargains advantageous to both parties; it is all the same to me, whether I contract with an individual or with the public; I see no constitutional impediment to a member of this House serving the public for the same reward the public gives another; whenever my constituents or myself think I have contracts inconsistent with my duties as a member of this House I will retire from it.
I came to this House as the representative of a free, a brave, and a generous people. I thank my creator that he gave me the face of a man, not that of an ape or a monkey, and that he gave me the heart of a man also, a heart which will spare to its last drop in defence of the dignity of the station my generous constituents have placed me in. I shall trouble the House no farther at this time, than by observing that I shall not be deterred by the threats of the member from Virginia from giving the vote I think the interest and honor of the nation requires, and by saying if that member means to be understood that I have offered contracts from the Post-Master-General, the assertion or insinuation has no foundation in truth, and I now challenge him to bring forward his boasted proof.
MR. J. CLAY. It was not my intention to have troubled the House with any observations on the subject, but I think a view may be taken different from any exhibited by the gentlemen who have preceded me. Some of the gentlemen who have advocated the appropriation of the land to satisfy the New England Mississippi Land Company, have been content to rest the claim upon the ground of policy. They have laid that if some mode should not be taken to satisfy the Yazoo speculators, they would be incessantly troubling Congress. If these men have any title, it must be by right of pre-emption; and yet that title it was not practicable for them to acquire, as the state of Georgia could not extinguish the Indian title. Notwithstanding, however, their imbecility, the legislature of Georgia of 1795, undertook to grant an estate in fee simple. It will require more time to examine this question, and perhaps more abilities than I possess; but I cannot conceive how Georgia had a pre-emption title to the land, while the Indian title still existed. The Congress of the United States possess the sole power of extinguishing the Indian title to lands within her territories: no individual state has either the right or the power of extinguishing the Indian title to any lands they may claim. Of course, Georgia had no right to grant a title in fee simple.
We are told of the policy of compromising with these speculators, and that they are innocent purchasers. How are they so? Are they not the very men who purchased a fraudulent claim, and does not their deed carry on the face of it a proof that they knew it to be fraudulent? There is also a strange coincidence: These people's deeds are dated February 13th, 1795, the very day that the rescinding act was passed, but these instruments were not all executed until May following.
Here Mr. J. Clay read several passages from the pamphlet published by the agents of the New England Yazoo Company, and compared them with the resolution of Congress passed on that subject, from which he inferred an acknowledgment of the present claimants, that they purchased a disputed title. He went on to state that Gov. Strong was at that time a Senator of the United States, was made acquainted with the whole transaction; and it could not but be presumed that he and the Massachusetts delegation communicated to their constituents the circumstance.
The general notoriety of the fraud, said Mr. Clay, is such as to convince any man that the present claimants are not innocent purchasers. The very conditions under which they purchased, demonstrate this. They undertake to stand in the shoes of men who had defrauded
the state of Georgia through a corrupt legislature, and when they paid their money, they conditioned that it should not be repaid them, by reason of any defect in the title. The petitioners take it for granted, that, whatever was the fate of the original compact, tho' bottomed in fraud and consequently null, they have no other resource than in the mercy of this House. Why did they make that stipulation in their deed? "Why not take a general warrantee? If the deeds had been executed in the usual manner, they could have recovered their money from the party who had practised upon them. But notwithstanding that article, I still think they should have recourse to the original grantees; let them go to them, and a court of equity will do them justice.
I have no idea of supporting questions of property upon grounds of mere policy. I shall never be inclined to squander millions of the public money, because a gang of swindling speculators may enter this House and prove troublesome to its members. The agents of these men have accidentally acknowledged that they cannot extinguish the Indian title, and therefore, they cannot get possession of the land. What is a man to get by a contract, when it is impossible to comply with the terms of it? I was in hopes, that the representation from the state of Pennsylvania would have been unanimous on this question; they ought to know, from the salutary experience of their own state respecting land speculations, whether it relates to the Connecticut, Sulquehanna, or Delaware companies, who have kept a part of our state in a continual broil for fifty years, while another set of men, under the garb of the Population and Holland companies, have thrown their warrants over the north-western corner of the state, and are likely to defeat the great objects which the legislature had in view, when they disposed of the lands to actual settlers alone. I trust, however, that they will be defeated, and that the courts of justice will determine the case in the manner in which it was recently decided.
I regret that the oldest member of Congress from our state, should, at this late hour, abandon those republican principles, which he has so long and so ably maintained, to support a band of Yazoo speculators. For my part, I must be an altered man indeed, if I ever consent to a compromise with a gang of speculators holding a title, founded in fraud and speculation.
MR. BEDINGER said that as the gentleman from Virginia, who first spoke in opposition to the report, had called on the committee of claims for the reasons on which the report was grounded, and particularly for their reasons for departing on this occasion from the course usually pursued of assigning the reasons on which a report was made, he would, as he was a member of the committee, take the liberty of making a short explanation of facts, which might, in some measure, afford the satisfaction requested. The committee of claims was composed of seven members; of these, three were opposed to the report. They contended in committee that the reasons for the report ought to be stated; that before they called on the House to sanction the extraordinary resolutions recommended, cogent arguments should be adduced. But this course of procedure was overruled by the majority, for the best reason on earth, because there was no good ground, no sound principle, on which those resolutions could be supported.
When the subject was first submitted to the committee, the minority, of which I was one, entertained hopes that the principles, which had heretofore governed the committee of Claims, principles long established and sanctioned by the House, would not be dispensed with on this occasion. These were, where a claim was just and equitable, to grant a full compensation; and if otherwise to reject it altogether. Heretofore they had never conceived it either equitable or honorable, when there was a just and legal claim, to propose a compromise. And it surely would be highly dishonorable to give to any man, possessed of a good claim, only a part of his just right. We thought it would be degrading to the dignity of this House and of the committee to adopt such a practice. The question was, therefore, put—Had the original grantees any good title, either in law or equity? It was not pretended that they had—We hoped that this point would be decided by the committee, and the decision reported to the House. But we were baffled in this expectation. The majority refused to pursue this course.
Driven from this ground, we thought proper to rely on the abundant evidence of corruption and fraud reported by the commissioners, and contended, using

their own words, that the claims could not be supported. But here again we were over-ruled.
We then called upon the representatives of the state of Georgia for such information as they possessed, deeming such information important towards enabling us to make a satisfactory report, and the House a just decision. But unfortunately, our enquiries were to little purpose, as the majority over-ruled the course we wished to pursue. The representatives informed us of many circumstances contradictory to the statements of the petitioners, of which I will state a few. They represented, that when one of the agents mentioned that he claimed for or under a certain James Bulgin, he was told that James Bulgin was at Augusta during the whole session of 1795, but that he was not an original purchaser, which led me to believe that he was fully acquainted with the fraud, and had no just pretensions to compensation. One of the agents, Mr. Pippin, stated in the presence of the committee, that he held under Bulgin.
They represented, that the statement of money said to have been expended and used for the benefit of the state, was not true; and this was fully explained (I think) to the conviction of every member of the committee.
They represented, that the great body of the people of Georgia were opposed to the sale of the lands, and that only a small part, called the combined party, were in favor of selling.
That there was at the time of the sale no extraordinary call for money.
That the indignation of the whole people of Georgia had overwhelmed the authors of this black transaction.
That presentiments had within three months been made by grand juries in seven out of nine of the counties of the state.
That the road from Augusta to Charleston was used by travellers almost as frequently, as the road leading from the Capitol to George-town, and that consequently every thing of importance, which was transacted at Augusta, must have soon reached Charleston; travelling from which place to Boston was usual at all seasons of the year.
This, and much more important information was given by the representatives from Georgia, men, who, from the honor and respectability of their characters, are more to be depended upon than any commissioner who may be sent to that state, who most probably would be guided by exparte evidence.
I consider this question as very important. Let it be recollected that the land in dispute is as large in extent as six states of the union. What then would have been the situation of the United States had these avaricious men succeeded in their gigantic designs?
During the course of this discussion, the merits of the committee of Claims have been often alluded to. To elucidate the conduct of the committee I have made this explanation. If any credit is due to those who compose the majority, they are welcome to all the honor which can flow from their report. I claim no part of it. I deem myself a representative of the people, appointed to guard their interests from violation. I cannot, therefore, render to my constituents any satisfactory reasons for putting the property, thus confided to me, into the hands of individuals not answerable to them for their conduct. I believe it safer that this power should remain in the hands of Congress, than that it should be placed in the hands of the best men that can be appointed.
Mr. DANA, said, that he had not intended to have risen on the present question; but the respect he owed to the Committee of Claims, which had been attacked by the two gentlemen last up who were also members of that committee, obliged him to take some notice of what had been said. He had the honor of being Chairman of that committee; but it was well known to this House, that it was not a place of his seeking; and he believed there was no one member of that committee who aspired to the honor of the toil and drudgery their chairman was compelled to undergo. The gentleman from Kentucky (Mr. Bedinger) well knows, said Mr. Dana, that I thought the office ought not to be pressed upon me. He knows the motives on which it was bestowed; and he will have the goodness to recollect that after every other attempt to disentangle myself, I threw out to them an idea that perhaps they would repent having placed me in it. Having, however, once undertaken the task, I performed its duties according to the best of my abilities, and with the greatest all-duty; I did not, however, conceive that when I devoted myself to this service, was to be the servile instrument of any man or set of men, or to be a slave to their opinions. I always gave to the subjects referred to us, the best examination and consideration in my power.
Whenever the House decided a question of reference to that committee, whatever might be my own private opinion on the principle, I always considered it my duty to conform the report to the declared will of the House; until that was manifested I always considered myself at liberty to act as I judged proper.
It is objected by the two gentlemen who preceded me, that on the present subject the committee pursued a course
that has no precedent; if such be the fact, I am uninformed, for be it known that the present chairman of the committee of Claims had never until this session ever been a member of that committee. Nor as a member of Congress did he know that a proposition of compromise had ever been before referred to the committee of Claims. So far as his recollection served him, all claims heretofore submitted, were for the whole or nothing, and after the applicants had been fully heard before the committee, the question turned upon those two pivots, all or none. On the subject now under consideration, the question was solely as to compromise and that alone was agitated when the committee took it into consideration; and it will be recollected that the committee adjourned without coming to a decision. The rules of the House which govern in committees of the whole are also applied to the committee of Claims, and when the House has settled a principle, and referred to the committee of Claims to make the application, the committee never attempt to travel out of the path prescribed.
I here take the liberty of asking what was the question referred to the committee of Claims. Certainly it was a proposition for a compromise or nothing; every member of the committee must know this. I believe there is not a single member on this floor who is a stranger to the fact. What then, sir, was the committee to think of the order of the House? Is it understood that the committee were never to report, because compromise was the object? Was it intended to make the committee the mere instruments of delay? yet it must be so understood if they were not to act. That the subject referred was such as I have stated, is very clear, and the fact is so stated in the report before the House and to show that it was so considered and acted upon by the committee, I will read an extract from the report itself, which after giving an historical account of the transactions relating to the sale of the vacant lands of Georgia proceeds:
"These conflicting acts present a general question of serious moment, on which the committee abstain from expressing a decided opinion. It is not the object of the present applications, that Congress should decide the question of strict title as originally claimed under the beforementioned act 7th of January, 1795.
"The petitioners request a settlement of their claims, on terms compatible with the articles of agreement before mentioned. At the same time, it is proposed, as an alternative, that the whole question of title may be submitted finally to judicial decision. The general provisions of the existing laws of the United States do not authorise the institution of any process on the part of the claimants, whereby such a proposition could be carried into effect. And perhaps it might be questioned, whether a special provision for this purpose would be conformable to the spirit of the agreement with Georgia. It is not suggested, that any proceedings of the government of the United States have encouraged an expectation that such provision would be made.
"The remaining enquiry relates to a settlement of claims by compromise. This is the known object of the present applications; and the committee of Claims have considered it incumbent on them to attend to the proposition for compromise which has thus been referred to them by the House.
"According to the agreement with Georgia, the reserved five millions of acres constitute the whole fund applicable to any such purpose. What portion of this fund will be requisite for satisfying the claims specially provided for by the two first sections of the act of Congress, of the 3d of March, 1803, the committee have not been able to determine. From the residue, however, whatever the same may be, it is prayed, that a compensation may be made on account of the claims of the present applicants.
"Some of these claims are known to relate to lands within a portion of territory to which there has been a claim on the part of the United States, and of Georgia. The act of Congress, of the 7th of April, 1798, which authorised the establishment of a government in the Mississippi territory as therein described, made provision for the appointment of commissioners, to adjust and determine, with such commissioners as might be appointed under the legislative authority of the state of Georgia, all interfering claims of the United States and that state to the territory; and also to receive proposals for the relinquishment or cession of the whole or any part of the other territory claimed by the state of Georgia and out of its ordinary jurisdiction. A supplementary act, of the 10th of May, 1800, authorised the commissioners on the part of the United States finally to settle by compromise with the commissioners on the part of Georgia, any claims mentioned in the act of the 7th April, 1798; and to receive in behalf of the United States a cession of any land therein mentioned, or of the jurisdiction thereof on such
terms as should appear reasonable. The same act also authorised the commissioners on the part of the United States to enquire into the claims made by settlers or any other persons, to any part of the aforesaid lands, and to receive from such settlers and claimants any propositions of compromise, and lay a full statement of the claims and propositions, together with their opinion, before Congress, for their decision thereon.
"In virtue of these acts, the commissioners of the United States, concluded the beforementioned agreement with Georgia, and thereby settled the interfering public claims."
This shews that according to their understanding, the thing referred was a compromise, and not a question of strict title. Nor do the committee of Claims, so far as I have information ever offer a compromise of a claim that goes for the whole amount. Let gentlemen read over the memorial and they will find that I am correct. Not a member now sitting in his place, but who will accord with the opinion expressed by the committee. Was the committee to report on a question not referred to them? Were we to be ignorant of our duty, and so perverse, that we could not understand, or would not perform the duties required by the House? And were we to subscribe a declaration of an opinion on a subject not before the committee? Whatever may be the admissibility or inadmissibility of the claim of the present applicants, or my opinion thereon, is not the point I am endeavouring to elucidate; or what is, or was the sense of the House on referring it to the committee of Claims. From whatever cause the reference sprung, the thing, once consented to, ought to be attended to, and it was the duty of the committee to do what they were enjoined to perform.
I do not know that there was any deviation from the usual course of proceeding in the committee on this subject whilst it was pending before them. As respects the mode of conducting the enquiry, I can assert that every thing was done as orderly and as carefully as on any other claim ever before them. In the first stage of the business, efforts were made to obtain information from every quarter, where it was likely to be procured, whereby the propriety of the claims could be tested, that the whole subject, with all its circumstances, might be drawn to a focus, and presented fully and fairly in one view. A general desire was expressed that any gentleman who could throw any light on it, would be pleased to attend the committee, and communicate such information as he possessed. In consequence of this invitation, two of the delegates from Georgia were present, one of them a member of this House, the other a member of the Senate. And the enquiry was prosecuted with a degree of minuteness, seldom equalled but never exceeded in a committee of this body, so far as I have witnessed, since I have had the honor of a seat on this floor. One of the first points of enquiry was to ascertain whether the present claimants had notice of fraud—and whether we could bring home to them the proof of direct knowledge, or short of that whether they had an indirect knowledge of the fraud. One of the gentlemen, the gentleman from Georgia, who I see now in his place, answered with that candor & frankness, that removed all doubt of the correctness of his information, even if his general character had not been a security for the fidelity of his relations. I consider this circumstance as highly honorable to him, because it was known that he was hostile to the claim; but, sir, so much did that gentleman hold his passion in subjection to his sense of propriety, that his information had, and deservedly had, the most decisive influence upon the members of the committee.
When he was asked, whether the New England Mississippi Land Company had notice of the alleged fraud, He answered, he did not know that they had. He was asked, whether the presentiments of the grand juries were published in any newspapers that went to the state of Massachusetts? He could not say that they were; it was not probable that the information was sent there. He was asked if he knew, whether an account of those transactions in Georgia, was published in any paper that had a general circulation in the other states? He did not know that they were. Thus far the enquiry went as to notice to the New England Mississippi Land Company. With respect to the South Carolina Yazoo Company, for whom tracks had been reserved, the enquiries touching that point were the same.
He was asked, whether the grand juries made the presentiments in such time as that it was probable they could reach South Carolina previous to the contracts being entered into for purchasing the Upper Mississippi Companies title to their lands? He answered he could not tell—but added, that the grand juries made their presentiments generally at the first courts which sat after the passing of the act of January 1795, and the first court sat either the 3rd or 4th Tuesday (which of those days Mr. D. said he did not perfectly recollect) in February following, and the deed of convey-
ance is dated the 6th of March. He was asked what was the distance from the counties in which presentiments were made to South Carolina, and whether they might not obtain information thro' the usual channel of the newspapers—and whether he knew that any of the purchasers had seen an account of those transactions? He answered that there was nothing to make it probable that the purchasers in South Carolina had notice. There was no variation in the statement made by the two gentlemen.
It was enquired, whether bribery and corruption were punishable by the laws of Georgia? It was answered that nothing existed in the laws of Georgia on that subject. It was asked, had any person been prosecuted and punished in the counties where the presentiments were made? He answered that no indictments had been found upon the presentiments—not a single one. In this statement I have confined myself to simple facts, and I appeal to the gentleman to say whether I am not correct.
During this enquiry I felt astonished that crimes of such enormity as those alleged to have been perpetrated in Georgia should be suffered to pass with impunity, and that not a single prosecution for fraud, bribery or corruption had taken place, but that the whole was passed over without making a single example, although presented by grand juries in almost every county of the state, and the universal indignation of the people was excited. What was the inference to be drawn from this statement of facts? Either that the proof of the crime was not sufficiently clear and connected to establish the fact upon a legal enquiry, or that they did not wish to prosecute. The only effect produced was the rescinding act by the next legislature. To enquire whether that legislature might not likewise be suspected of bribery and corruption, was a question of too horrible an aspect to enter into the breast of any citizen in this country; the case is unprecedented in the United States. Whether such an enquiry will ever be proper to make or not I know not; but it was not an enquiry for the Committee of Claims to make, because it was not necessary for them to enquire into the question of strict title. The question was not to give the present claimants all they claim or to give them nothing; the question was not a disdain to compromise with fraud. That might be the result of a judicial investigation of the case; but was by no means the question before the Committee. I will here ask whether it is a mark of fraudulent title, or incompetency to support a legal one, when there are interfering or conflicting claims, a compromise is suggested between the parties, when an enquiry into a legal or equitable title would suspend a settlement until the parties were mutually ruined—can it be considered as a proof of corruption, that in such a case a part should be given instead of the whole, and the dispute thereby settled to mutual advantage?—Is it a proof of corruption on the party which accepts a fraction instead of an unit, rather than go through a judicial investigation?—Is it a proof of no title? But this point is decided by the act of Congress in the settlement with Georgia; the United States took the lands, allowing a portion of the claim of the United States to be applied to quiet the claims made upon Georgia to the amount of 5,000,000 of acres. So that it cannot be considered a mark of corruption, unless the badge is also attached to the government of the Union, and I am confident no such idea can be entertained of Congress by the people of this or any other country on earth.
Would gentlemen in their private concerns, refuse to act upon this principle? Would they not prefer an accommodation to a law suit, when an adverse claimant exhibited a feasible title, not to say one strictly legal. If gentlemen demur to this mode of settlement, they forget the general practice of this country, and the maxims of private life, that peace and quiet with a part is better than strife and litigation with the whole. And such it appears was the opinion of the Congress which authorised the commissioners on the part of the U. S. to adjust and determine all interfering claims of the United States, and of Georgia in the Mississippi territory, and the Congress of 1800 which authorised the commissioners on the part of the United States, finally to settle by compromise with the commissioners of Georgia, and to receive a cession of the lands on reasonable terms. The same act expressly authorises the commissioners to enquire into the claim of settlers, and to receive from such settlers or claimants any propositions of compromise, the whole to be laid before Congress for their decision.
I apprehend this rapid view of the point in question has thrown the objection to compromise entirely out of sight, or if its recollection is still cherished, I refer them to what was said by the gentleman from New-Jersey (Mr. Boyd) shewing the necessity of getting rid of the claim in the manner proposed; what he said was well urged, and I have not the vanity to think it could be illustrated or embellished by any observations of mine.
The amendment before the House to the resolution, goes to direct that the whole 5,000,000 of acres reserved may be applied to pay the South-Carolina and Virginia Yazoo company claims under the act of 1795, as it excludes every claim made under the act or pretended act of 1795. Let me ask, Mr. Speaker, if this amendment does not go to defeat the object of the resolution altogether—which is visibly to adjust and settle finally the claim of the pre-
sent applicants as well as all other claims to public lands in that territory, and is not consequently inadmissible? But, sir, you have decided it to be in order, and therefore I shall not dwell on that point—But are gentlemen indeed ready, are they prepared to go the length to which the amendment would carry them; and will they really give to the Virginia and South-Carolina Yazoo companies the 5,000,000 of acres, when they claim but a very small proportion of that amount? Permit me to call upon the mover (Mr. Clark) for an explanation of his intention.
Mr. CLARK explained and stated, that the object of his motion was to meet and repel that class of claims which had excited such an interest on this floor, and whose cause had been advocated with such energy—and if it was fortunate enough to obtain a majority in its favor, he was frank enough to declare that he would vote against the whole resolution as amended.
Mr. DANA thanked the gentleman for his frankness, from which he learned that the gentleman meant to defeat the claim of 1789 as well as that of 1795. This being the object he need not make another observation on the propriety of devoting the whole to the South-Carolina and Virginia Yazoo companies.
Various observations, said Mr. Dana, have been pressed into service, which seem to have no very particular relation to the subject. I will acknowledge that some of those observations deserve some attention on my part, from a regard to the general character and standing of the gentleman who has made them, rather than from their relevancy to the subject, or their intrinsic force. The first general idea thrown out is this—That the proposition of the Committee must be wrong, because men of different political sentiments appear in its defence. Let us examine this position not as a model for argument, but rather as an effort of eloquence; for the gentleman is eloquent and trusts to eloquence to carry him through all his difficulties. He disdains the arbitrary trammels of logic; and the dull and beaten paths of plain reasoning have nothing to gratify his taste or imagination. For my part when I see gentlemen avoid the course of plain argument, I am inclined to believe they are aware of the weakness of their cause—And when they who understand a subject, instead of entering into a discussion of its merits, apply their talents in making a pathetic and eloquent appeal to the people from their representatives on this floor, what are we to think of their conduct? If the gentleman had argument on his side, would he have recourse to such means then? No, sir, the gentleman from Virginia does not rely upon the strength of his positions; but he endeavors to storm your judgment through the violence of your passions. The report applies itself to the understanding of honest men, and men of plain and common sense; the enquiry it makes has for its object a compliance with the order of the House, and not a digression toward objects totally distinct and unconnected.
I beg to be indulged in a brief examination of the question whether the agreement of the members of this House, supposed to consist of different political parties, is a proof that they are influenced by bribery or corruption; it is laid down as a broad position, and must equally apply to every vote given in this House, wherein members of both sides have coincided. Last session on the national character was struck at by the lawless acts of the pirates of the Mediterranean. The President called for the means of avenging the insulted honor of the nation. The yeas and nays were called on furnishing these means, and the vote turned out to be unanimous. Was this a proof of bribery or corruption on either side?—We have had a similar vote this session, on giving the people of Louisiana the right of self-government, and the resolution to this effect passed unanimously. But if it is considered as a mark of corruption that the two sides should coalesce, you, Mr. Speaker, are accessory to the crime. The reading of a paper cannot be dispensed with but by the unanimous consent of the House, a vote to which effect you are in the daily habit of presenting to us for our approbation, which is almost constantly given. If unanimity is a mark of conspiracy, fraud and corruption, you, Mr. Speaker, are the great sewer through which it has vent. Excuse me, sir, you know I do not apply these remarks to you as founded in fact, but merely to shew the extravagance of the opinion which has been advanced on this point! What, sir, is the world to think of your conduct if it is a stain to have a vote of both parties in one's favor? Why, sir, at the last session, you had an unanimous vote of thanks for your able and impartial conduct in the chair, which you then filled and still so honorably and advantageously fill. With these observations I will dismiss this argument, if argument it may be called.
Another remark has been made respecting the conduct of the committee of claims generally—it was said that that committee, regardless of the feelings of humanity, uniformly opposed the claims of our revolutionary soldiers, that their widows and orphans' tears and supplications were disregarded; and that it was only speculators, swindlers, and public robbers whom they felt compassion for; and we were amused with the story of Magdalen charity. But if the gentleman will look forward, he will see a bill on your table from that very committee providing for these revolutionary claims—Was it for this reason that the claim of Mrs. Elliot was resisted, let the gentleman (Mr.

Nicholson) say whether his eloquence was exerted on that occasion for this purpose, and let me ask who was the loudest member in resisting that claim. Sir, an opposition to that measure will have to be put into the black catalogue of your sins. Excuse this language for you know it is only used to shew the extravagance of the charge of want of humanity. Will the gentlemen from Rhode Island and Virginia be discharged from the offence of not feeling for the war worn soldier, their helpless widows and orphans—So much for a defence of the general character of the committee of claims against the charge of want of humanity.
One observation upon the assertion respecting the present applicants, who are represented as bankrupt in reputation as in fortune. If this is the case of any of them, the observations ought to be applied to the individuals and not to the whole body. Who of the applicants are the refuse of every sect and party, it lies not with me to say—Among them, however, appear characters honorable and highly esteemed in their own country. In Massachusetts the attorney general is one, another was an elector at the last presidential election; another is the district attorney of the United States; another the navy agent of the United States—Several others occupy posts of great confidence under the state government, and some are members of the legislature—And who are those of South Carolina? Let the gentleman from that state answer. I ask, would the gentleman from Maryland subscribe to this character on the part of the citizens who are applicants from that state? The total number is 1200, and it is horrible to believe that there is such a multitude of unprincipled men in our young country.
The gentleman, who moved the amendment, has quoted several authorities; but I entertain doubts whether they apply to the present subject, and rather incline to believe that the doctrine contained in them applies only to the particular cases in chancery on which they were delivered, and that they are general law maxims—What he said of asking justice with clean hands and pure hearts does not apply, the question being merely, have the applicants equity to entitle them to a proffered compromise. It is admitted that where the claimant goes for the whole or nothing any want of equity sets the whole aside. He has however candidly conceded that he was willing to make provision for innocent purchasers if there were any. This confession his heart would not let him refuse, his head admitted the declaration and his ingenuousness has made the expression. He also adds ingeniously, that though he were willing to relieve the innocent purchasers, yet he would not do it whilst they remained in such bad company—His object is to make a discrimination; but how shall we know who are the innocent purchasers he means to save from ruin? How could the committee of claims or how could he himself undertake to sift and scrutinize 1200 claims during the present session—If then it is admitted that among this mass of claims there may be some proper to be relieved, will it not be the better mode to appoint men of your own choice, of sound discernment and industry, to examine the several cases, and do what is right in each. If the gentleman could not go through these claims himself within the present session, and I doubt if he could within a year, notwithstanding his disregard of relaxation and his indefatigable application to public business; he would never require others to do that to which he found himself incompetent. Leave it, therefore, to men who are competent, and who have leisure; so that justice may be done in cases which require it, and let those who have acted wrong be neglected.
I would not be understood to say that the United States have come under any absolute engagement to meet the present claimants, but the acts of government have held out encouragement and raised a general expectation that something will be done to quiet them. If nothing is to be done, we ought not to have put the parties to the expense and trouble of registering their claims in the department of state.
The only purpose of the resolution is to authorise three commissioners to receive propositions of compromise and settlement; and to adjust the same in such a manner as will conduce to the interest of the United States, and not exceed the limits prescribed by the convention with the state of Georgia, and the only difficulty will be to find three persons competent to the task—This, however, will not be admitted of sufficient force to countervail the resolution. [TO BE CONTINUED.]
ALEXANDER MCCORMICK, Has received from New York by the schooner Enterprise, Capt. Ellis; 20 barrels Prime PORK which he offers for sale. August 23—St
REMOVAL. THE CITY TREASURER'S OFFICE and COUNCIL HALL is removed to the Brick House next west of the Theatre. August 23—w3t
ELIAS B. CALDWELL, ATTORNEY AT LAW,
HAS removed his Office, to the house lately occupied by Mr. LAW, on Capitol Hill. Washington, July 26—w4
WASHINGTON CITY.
WEDNESDAY, August 28.
The frigate John Adams and eight of the gun-boats had departed from Gibraltar to join the squadron in the Mediterranean previously to the 25th June last. Gun boat No. 7, having been forced to put back to New-York did not sail again until the 20th June, and she is the only one which has not reached the Mediterranean.
On the 24th June Sir Richard Bickerton arrived at Gibraltar with 4 ships of the line and proceeded with the British expedition to the eastward, the destination of which was unknown.
Elections in Tennessee.
Mr. SEVIER is elected Governor by a large majority.
Messrs. Campbell, Dickson and Rhea are re-elected representatives in Congress.
KNOXVILLE, August 7.
Extract of a letter from a gentleman of the first respectability, now in the Chickasaw nation, to his friend in this county, dated July 25, 1805.
"On the 23d inst. the commissioners of the United States concluded a treaty with this nation, by which they have obtained a relinquishment of the Chickasaw's claim to the lands within the following limits, viz.—'Beginning on the left bank of the Ohio, where the present Indian boundary adjoins the same, thence down the left bank of the Ohio to the Tennessee river, thence up the main channel of the Tennessee river to the mouth of Duck river, thence up the left bank of Duck river to the Columbia highway, or road leading from Nashville to Natchez, thence along the said road to the ridge dividing the waters running into Duck from those running into Buffalo, thence eastwardly along said ridge to the great ridge dividing the waters running into main Tennessee from those running into Buffalo, near the main source of Buffalo river, thence in a direct line to the Great Tennessee, near the Chickasaw Old Fields, or eastern point of the Chickasaw claim, on that river, thence northwardly to the great ridge dividing the waters running into Tennessee, from those running into Duck, so as to include all the waters running into Elk river, thence along the top of said ridge to the place of Beginning.'—Reserving a tract of one mile square adjoining to and below the mouth of Duck, on Tennessee, for the use of one of the chiefs; for which the United States are to pay as soon as the treaty is ratified, 22,000 dollars in specie, and an annuity of 100 dollars during the life of and for the use of his majesty the present king."
The respectable source from which this information is received, does not admit a doubt of its authenticity.
New-York, Aug. 24.
Capt. Prince, who arrived at Salem on Monday from Marseilles and Gibraltar, informs that one of the Tripolitan corsairs has been captured by an American frigate.
BALTIMORE, Aug. 26.
Extract of a letter from John Shaw, esq. commanding officer of the U. S. frigate, John Adams; dated
GIBRALTAR, June 15, 1805.
"With pleasure I inform you of my arrival here (after a passage of 30 days,) from New-York. The second day after my leaving Sandy Hook, I unfortunately separated from the gun boats in a heavy gale from the N. E. to E. accompanied with a thick fog, which lasted three or four days. On the 10th inst. I fell in with No. 10, lieut. Cartey, out from Norfolk 27 days. He reported, his boat far exceeded his expectations, and was capable of living in any sea, and that she lay to remarkably well. I found lying to an anchor here gun boats No. 3, lieutenant Maxwell, No. 6, lieutenant Lawrence, and No. 5, lieutenant Harrison, all perfectly well. These boats all exceeded the expectations of their officers. No. 2, lieutenant Izard, No. 8, lieutenant Harraden, and No. 9, lieutenant Elbert, sailed from this port for Tripoli yesterday morning."
"Letters from commodore Barron, of the 21st April, make no mention of any prospects of peace, and state that he was making active preparations for this summer's siege. He has bought three large schooners, which he has cut down strengthened and placed bombs on board. The blockade has been kept up the whole winter very rigidly by our squadron; but the north winds occasionally compelled our fleet to weigh and beat off the shore. The result is that two small cruisers have got out. They have been lately spoke off Corsica, which I presume is their cruising ground."
"Captain Bainbridge, officers, and crew, are all well and not harshly treated. I flatter myself, that they will be all liberated this summer, as I am sure, every exertion of our officers will be employed in effecting this."
"I am employed this morning in mounting the cannon on the boats, with my main yard, and the instant it is done, if the wind will favor, I shall weigh my anchor for Tripoli."
"Captain Stewart sailed from hence on the 2d in company with one of our store ships, for Malta."
"P. S. Commodore Barron's health is perfectly restored."
A letter from Bordeaux, to a respectable mercantile house in Boston, dated June 26, says,
"All merchandise coming to this place must be accompanied with a certificate of origin. This is to be rigorously observed."
Extract of a letter to the editor of the Boston Repository, dated Havana, July 4, 1805.
SIL, Advices have this moment been received here, that the government at New-Providencia have passed a decree, granting liberty to their citizens to send in other vessels which shall go for their return cargoes to the seaports in this island—unless proof can be exhibited, that such ports were ports of entry for American vessels in time of peace.
You will please to make public this circumstance for the information and government of our commercial friends, adventuring this way.
FOR THE NATIONAL INTELLIGENCER.
MR. SMITH, Although the maxims and opinions of the venerable FRANKLIN are almost universally received and admired by all parties, and political classes in Europe as well as in this country; yet as they are so generally read and known, you may perhaps, on that account imagine it would not be acceptable to your readers, were you to republish the following extracts from his invaluable essays. But they have not the less merit for being so much known. On the contrary, they cannot be too well remembered, nor too often inculcated.
There is perhaps nothing published, which is wholly original. The same thoughts and ideas have been a thousand times written or spoken before—"There is nothing new under the sun." Though words and forms may be changed and differently combined, still truth and matter remain immutably the same. Seeing this is the case, why should we reject the dress, when we like the man? Or his words, when we approve his sentiments? And that merely because we had seen or heard them before; or because we are better pleased with something new, as we call it, though it be of far less importance. Besides all this, there has perhaps, never been, or ever will be in this country, a time when these extracts will be more applicable, than at present. Part of them are directly in point with what you published on Friday last from "Notes on Virginia" and the "Wealth of Nations," as this proves that Dr. Franklin's opinion, on the internal affairs of the United States, exactly coincide with those of the celebrated authors of those two works, and which the Editor of the "Political Register" has so egregiously perverted to answer his own views. Should you think that the extracts can be pertinently introduced to your columns you may do it with the above, or any other remarks you choose. Yours, &c.
UNITY.
"Whoever has travelled through the various parts of Europe and observed how small is the proportion of people in affluence or easy circumstances there, compared with those in poverty and misery; the few rich and haughty landlords, the multitude of poor, abject, rack-rented, tythe-paying tenants, and half paid and half starved, ragged laborers; and views here the happy mediocrity that so generally prevails throughout these states, where the cultivator works for himself, and supports his family in decent plenty; will methinks see abundant reason to bless Divine Providence for the evident and great difference in our favor, and be convinced that no nation known to us enjoys a greater share of human felicity."
"It is true, that in some of the states there are parties and discords; but let us look back and ask if we were ever without them? Such will exist wherever there is liberty; and perhaps they help to preserve it."
"By the collision of different sentiments, sparks of truth are struck out, and political light is obtained. The different factions, which at present divide us, aim all at the public good; the differences are only about the various modes of promoting it." Things, actions, measures and objects of all kinds present themselves to the minds of men in such a variety of lights, that it is not possible we should all think alike at the same time on every subject; nor is it necessary we should when hardly the same man remains at all times the same ideas of it." Parties are therefore the common lot of humanity; and ours are by no means more mischievous or less beneficial than those of other countries, nations and ages, enjoying in the same degree the great blessings of political liberty."
After advertising to the apprehension which some are under, that luxury and venality will at some future period sap the free principles of our constitution, and finally destroy the government itself in general anarchy and ruin, he says—"This may be possible, but when we come to consider the great proportion of industrious, frugal farmers inhabiting the interior part of these American states, and of whom the body of our nation consists, it is hardly possible that the luxury of our seaports can be sufficient to ruin such a country."
Here is an inference plain as language can speak, that Franklin believed the bulk of national strength and virtue in this country, if not in every other, were to be looked for among the cultivators of its soil; and that most of its weakness and vice, if any, were to be found in its
great cities and towns, where every one knows the mercantile and mechanical interests are chiefly collected—But this inference carries no other with it that he believed on this account these interests ought to have been discouraged. On the contrary he infers by what follows, that under proper regulations, they may be made the life and health of the agricultural interest; and that because they are dangerous, they are by no means to be discarded; for every voyage on sea is attended with great danger, though at the same time it may be a voyage of the first necessity, and productive of the most important benefits to those who undertake it.
"If the importation of foreign luxuries could ruin a people, we should probably have been ruined long ago; for the British nation claimed a right and practised it, of importing among us, not only the superfluities of their own production, but those of every other nation under Heaven; we bought and consumed them, and yet we flourished and grew rich." "At present our independent government may do what we could not then do, discourage, by heavy duties, or prevent, by heavy prohibitions, such importations, and grow richer."
"The agriculture and fisheries of the United States are the great sources of our encresing wealth. He that sows a seed in the earth is recompensed perhaps by receiving forty out of it; and he who draws a fish out of the water, draws up a piece of silver."
"Let us, (and there is no doubt but we shall) be attentive to these, and then the power of rivals, with all their restraining and prohibiting acts, he might have added, "and all our internal factions to help them," cannot much hurt us." "We are sons of the earth and seas, and like Antaeus in the fable, if in wrestling with a Hercules, we now and then receive a fall, the touch of our parents will communicate to us fresh strength and vigor to renew the contest."—FRANKLIN'S WORKS, SECOND AMERICAN EDITION, by S. CAMPBELL, New-York—Page 114 to 115.
Philadelphia, Aug. 26.
General Moreau. —The ship New York, capt. George, arrived here on Saturday last, in 48 days from Cadiz, with Gen. MOREAU, his lady, and two children, on board, in good health. They landed at ten o'clock yesterday morning, and were received by the citizens with the most respectful attention.
Runaway Negro.
WAS committed to the jail of Frederick county, on the 27th of July last, as a runaway, a negro man named JIM, about 23 years of age, five feet four inches high; his clothing is a velvet jacket, osnaburg shirt and trousers, and a wool hat. He says he belongs to Mr. Evans, of Natchez, and that he was purchased of Rezin Hammond, of Anne-Arrundel county, Maryland. His owner is desired to release him, or he will be sold for his jail fees agreeably to law.
GEORGE CREAGER, Sheriff of Frederick County.
Aug. 16th—1805—1awgw.
WILL be exposed to Public SALE on Friday the 30th inst. the following articles of Damaged Provisions:
 8 barrels beef,  9 do. pork,  4 do. beans,  12 do. Indian meal,  2 do. ship bread. 
By order of the commanding officer, BULLER COOKE, Navy Store Keeper.
Aug. 28—2t
In the case of WILLIAM FOLLOCK an insolvent debtor.
SIX months from and after the first day of August next is limited and appointed for the creditors of the said Follock to bring in and exhibit their claims to the trustee.
It is ordered that this notice be published in the National Intelligencer and Washington Federalist three times in each paper before the first day of September next.
By order of the Hon Wm Cranch, Esq. WM. BRENT, Ck.
The subscriber being appointed trustee in the above case, requests the creditors of Wm. Follock to bring in and exhibit their claims agreeably to the above order.
JAMES KINNER.
August 28—3t
In the case of WILLIAM MURRAY an Insolvent Debtor.
SIX months from and after the first day of September next is limited and appointed for the creditors of the said Wm. Murray to bring in and exhibit their claims to the Trustee.
It is ordered that this notice be published in the National Intelligencer three times before the 1st day of October next.
By order of the hon Wm. Cranch, Esq. WM. BRENT, Ck.
August 28—3t
The subscriber being appointed Trustee in the above case of Wm. Murray; all persons having claims against him are requested to exhibit them without delay—Also all persons indebted to the said Wm. Murray, prior to his taking the benefit of the act of insolvency, are requested to make immediate payment to THOMAS MATINGLY.
August 28—3t
CAUTION.
WHEREAS my wife ELLEN has left my bed and board without just cause or provocation. This is therefore to forewarn all persons from harboring or trusting her on my account, as I am determined to pay no debts of her contracting from this date.
JOHN BLOOR.
August 28—w3t
FOR SALE.
A TWO STORY BRICK HOUSE & LOT in the city of Washington, situated on 8th street near the Centre Market square. There is a good dry cellar under the whole house, the Lot is 24 by 114 feet, and has a tolerable good fence round it. The terms will be very reasonable. Apply to the subscriber on the premises.
JOHN BLOOR.
Aug. 28c—3t
SULLIVAN'S LECTURES, PROPOSALS By THOMAS B. WHIT & Co. FOR PRINTING, BY SUBSCRIPTION, AN HISTORICAL TREATISE
ON THE
FEUDAL LAW,
AND THE
CONSTITUTION AND LAWS OF ENGLAND;
With a Commentary on Magna Charta and Illustrations of many of the English Statutes.
BY THE LATE FRANCIS STOUGHTON SULLIVAN, L. L. D. Royal Professor of Common Law in the University of Dublin.
To which authorities are added, and a Discourse is prefixed, concerning the Laws and Government of England,
BY GILBERT STUART L. L. D.
THE Lectures of Professor Sullivan delivered to the Students in the University of Dublin, are in very high repute among all Lawyers of eminence, and have been uniformly recommended as an elementary book to those young gentlemen who begin the study of Law with a view to render themselves respectable in the profession.
However obsolete the feudal policy may now seem to be, it having gradually disappeared as mankind grew more civilized and became better acquainted with their natural and inalienable rights and privileges; yet a research into the history of the government of jurisprudence of the nations of Europe, will satisfy any one, that many consequences of that system still exist and influence the opinions and decisions of the highest and most enlightened tribunals of justice. Every author who has undertaken to give a regular and systematic account of the rise and progress of modern nations, has felt himself obliged to resort to the history of feuds and feudal rights, as the fundamental principle from which all existing civil and political institutions have taken their rise; and every jurist who has employed himself in explaining the constitution and laws of his country, has gone to the same source for the correct materials of his essays and dissertations. Robertson, in his history of the Emperor Charles V. has with great beauty and perspicuity illustrated much of the feudal policy as was necessary to enable the scientific reader to understand that valuable book; and Sir Wm. Blackstone has in the course of his commentaries, led the student to a contemplation of the ancient tenures, many of which depend upon the doctrine of feuds, as established in England by the Norman conqueror.
But in both those invaluable productions, the feudal policy was adverted to, only as incidental to the principal object of the authors, and therefore cannot be supposed to furnish so complete and satisfactory an account, as would be given by a distinguished lawyer, as professor Sullivan who declares the great purpose of his lectures to be the full discussion of the subject, which was of necessity but partially considered by the other writers.
This work has become so scarce in this country, as to be seldom seen, even on the shelves of a practising lawyer; a fact to be accounted for only by the difficulty of obtaining the book: for it cannot well be supposed that any one of the profession, who has higher views than the mere pecuniary advantages of the practice, would willingly neglect an enquiry into those ancient institutions, upon which, notwithstanding the lapse of ages, most modern improvements are founded. But it is not to the profession alone, that this book may be considered useful. In this rising empire, where political knowledge to a certain degree is claimed by all, and actually possessed by many; a book which succinctly and perspicuously brings to view the laws, institutions, manners and customs of those nations from which our English ancestors descended, must be peculiarly useful as it will enable young politicians to trace all our civil regulations to their source, and thus to account methodically and scientifically for many modern usages and practices, of which their knowledge is extremely superficial. In this book they will see how our ancestor struggled for the establishment of those privileges which artful monarchs and a profligacy were continually attempting to destroy; and they will also learn that the persevering industry of the people, aided by the wealth which their skill and enterprise brought into the country, finally obtained a complete victory in the establishment of principles and customs, which, transplanted into America by our progenitors, terminated in those glorious constitutions which distinguish the people of America, for liberty and happiness, from every other people on the earth.
CONDITIONS.
The work shall be elegantly printed, in two octavo volumes, on fine wove paper, with a new and beautiful type. It will be delivered to Subscribers, bound in calf, at Five Dollars; and in boards, at Four Dollars.—To non-subscribers the price will be enhanced. No money will be required till the delivery of the work.
Those who subscribe for ten sets shall have one gratis. To booksellers the usual allowance will be made.
Portland, June 24—
The above work will be printed from a correct London Edition—The few copies of an Irish Edition now circulating in this country are considered by the first law characters as extremely incorrect, and not to be relied on as historical authority.

PUBLIC SALE.
IN virtue of an order issued from the Hon. court of Calvert county, will be offered at public sale, on the 28th day of August next, (if fair, if not, the first fair day thereafter) at the late mansion of Benjamin Ward, deceased, at the hour of 12 o'clock, a valuable plantation, containing 184 acres of Land, lying on the Chesapeake Bay, in Calvert county. The improvements are a small dwelling house, kitchen, tobacco house, corn house, and other out houses; a large orchard of fine fruit. This fertile spot has every advantage, it abounds in heavy timber, and has a great proportion of rich low ground, capable of being made into meadow at a very trifling expense. The soil is extremely rich—tobacco, wheat, rye, and Indian corn, grow with little labour—the neighbourhood affords a society of very genteel and friendly people—places of worship surround it—convenient to mills, and a wire house for the transportation of tobacco within two miles of the premises. This Land will be laid off in small parcels, all together, as may best suit purchasers—Fond with approved security will be required, carrying interest from the day of sale, payable in two equal payments, the first in 12, and the last in 18 months from the day of sale.
WM. M. CAZCAUD, DAVID L. WEEMS, CHAS. WILLIAMSON, Commissioners.
July 31—ep8w
Twenty Dollars Reward.
STRAYED or was stolen from the commons of the city of Washington on the night of the 4th inst. a Bright Bay Riding Horse, about eight years old and fifteen hands high—he has a star in his forehead, and as well as it is recollected one of his fore feet is white:—he trots, paces and trets, and possesses great spirit—he has had for some time a fore on his back which has prevented his being rode. His tail is cut square and is trimmed remarkably close. The above reward will be paid on the recovery of the horse, and if stolen, for the conviction of the thief, and ten dollars will be paid for the delivery of the horse to the subscriber and all reasonable charges.
WILLIAM BRENT.
Aug. 12—tf.
To be Sold,
Or exchanged for other property in the City, or its vicinity.
TWO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 6880 acres, and the other 6252 acres, by late survey. They are under old and indisputable titles of more than twenty years, and situate in a populous county, adjoining flourishing settlements. All taxes thereon have been duly paid.
Apply to the subscriber, JOHN BECKLEY, City of Washington, July 17—cp2m
Fifty Dollars Reward.
RANAWAY on the 9th inst. from the subscriber's farm near Frederick Town, (Maryland) a dark mulatto fellow named
MOSES,
But commonly called LANHAM.
He was raised near Pikesaway and sold by a Mr. Barreffe to the late James Marshall, deceased, of Frederick county. Lanham is about thirty years of age, nearly six feet high, stout and very active, fond of spirituous liquors, has been accustomed to working aboard shipping, likewise in a brick yard and is well acquainted with the management of horses and with the ferrying business; he is a very artful fellow, and I expect he has obtained a pass and will pass under the name of Samuel Beall. He had on and took with him an osnaburg shirt & trowsers, a blue cloth coat with a black silk velvet cape bound with silk ferretting, a black fur hat nearly new, a pair of shoes nearly new, an old drab surcoat coat, with sundry other clothing not recollected; he has a scar under one of his eyes but it is not recollected which, somewhat hard of hearing and round shouldered. From his acquaintance in the city of Washington I suppose he has made for that place or some other seaport. Whoever takes up and secures said fellow in any jail so that I get him again shall receive if taken ten miles from home eight dollars, if twenty miles fifteen dollars, if thirty miles twenty dollars, if fifty miles thirty dollars, and if a greater distance the above reward with all reasonable charges if brought home.
JOHN L. HARDING.
N. B. Masters of vessels and others are cautioned against harboring said runaway at their peril.
July 26—tm
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving—he respectfully solicits a continuance of the patronage of his friends and the public, assuring them that 'tis his full determination to fit up his present hotel, and so to conduct it, as to merit, he hopes, the preference of the public travelling, as well as those coming to the permanent seat of the Government of our Land of Liberty.
PONTIUS D. STELLE.
Washington City, March 25—tf
Ten Dollars Reward.
WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Crosthwaite, Dublin, and in the outer case was a watch paper with Mr. Parker's name of Philadelphia—Whoever will bring the said watch to the office of the National Intelligencer, shall receive the above reward, and no questions will be asked.
May 10—tf.
1500 DOLLARS REWARD.
HIGHWAY ROBBERY.
YESTERDAY about 11 o'clock in the forenoon, Mr. JOHN PETAT, an Officer of the BANK OF COLUMBIA, was stopped on horseback on the road between this town and Alexandria, and within about 2 miles of the latter place, by some unknown villain, shot through the body with a pistol, and robbed of a sum of money in his possession belonging to this Institution which he was taking to Alexandria, for the purpose of exchanging with the bank there.
The whole sum taken amounted Eighteen Thousand One hundred and Fourteen Dollars, and Sixty five Cents, made up in several packages, among which were,
  1 post note of the Bank of Virginia, for 800   1 do. of the same, for 500   1 do. of the same, for 500   1 do. of the same, for 450   1 do. of the Bank of Potomac in favor of Joseph Riddle by him endorsed to Washington Bowie, dated 6 July, 1805. No 117 149 65 
A check of the Union Bank, on the Bank of Alexandria, drawn by R. Higginbotham, cashier, in favor of Greenham and Devereaux, by them endorsed and by Benj. Stoddert, and C. Smith, teller.
There were also a parcel of post notes of the Bank of Alexandria for 100 dollars, and for 50 dollars each. The remainder was in current notes, principally of the banks of Alexandria and Potomac, and some few of the Bank of Virginia of different sizes and denominations.
As the attack was sudden, and the wound received of a nature to deprive Mr. Peter instantly of his senses, (although it is now hoped he will recover) the description obtained may not be very accurate. As far as we are informed—the man who perpetrated the act, is of middle stature, good countenance, and had a genteel appearance. He had on a dark blue or black coat, nankeen pantaloon, shoes, and a black hat, he was on foot and alone at the time, but may have had accomplices concealed, and will probably change his clothes.
FIVE HUNDRED DOLLARS will be given to any person or persons, who will detect and bring to conviction the robber: and ONE THOUSAND DOLLARS additional for the recovery of the whole of the money, or in proportion for any smaller sum recovered—should there be accomplices, and one of them make a discovery, so that it leads to the conviction of the robber, or to the recovery of the money he shall receive the above reward, and interest will be made to obtain his pardon.
WILLIAM WHANN, Cashier of the Bank of Columbia. George Town, July 31—
TO BE SOLD, AT PUBLIC VENDUE,
At Gadsby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon.
ALL that TRACT of LAND late Presly Thornton, Esquire's, situated in Northumberland county, Virginia, lying immediately on the Potomac river. The following description is given of this property by persons well acquainted with it. "It contains 2,500 acres, 1700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres heavily timbered, and the remainder very high land extremely productive. The soil of this tract is equal to any in the state for the cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious Brick Mansion House and two Offices, a large Brick Stable, valuable Barn, Cow House, and many other out houses. The Orchards and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Baltimore Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chestnut timber, for which an excellent market may be found at the city of Washington."
The terms of sale are—one fourth cash, one fourth in one year, one fourth in 18 months and the residue in two years from the day of sale. The payments to be secured by bonds, with mortgages on the premises, and to be on interest from the day of sale.
For further information, application may be made in behalf of the subscriber, Thomas Robinson, to Richard Peters, jun attorney at law in the city of Philadelphia, or to William Lewis, in the same city, (Philadelphia.)
THOMAS ROBINSON, W. LEWIS. June 19—cp Sep 16
CHARLES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Benner's cord, toiletens, fancy and white Marleilles, black and figured silk, moleskins, fancy silk, Marleilles, constitution cords, velvets, Genoa cord, silk and fatten 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 style of fashion. New Jersey avenue near the Capitol.
December 10—tf
Twenty Dollars Reward
STRAYED or stolen from the subscriber on the night of the 4th inst. two BAY HORSES, one a large bay six years old, one of his eyes appears to be injured, his tail bobbed very short, shot all round; the other a small horse, with two white hind feet, several white saddle spots, has a switch tail, which has been lately cut at the ends; the first accustomed to the carriage, trots & paces, the second made use of as a road horse, trots easy, but paces badly, very lately shot all round. As I am satisfied they have been stolen, I will double the reward, on conviction of the thief or thieves, and on getting the horses.
DANIEL CARROLL of Eud'n. July 12—F&Wtm.
On a liberal credit.
THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately on the city of Washington. This tract of land containing 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Hanson at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the Eastern Branch bridge.
ANTHONY ADDISON. Barnaby, 12th June 1805—tf
For Sale
IN the county of Prince William, Virginia, Nesbitt's Furnace and its appurtenances, with four or five thousand acres of land adjoining, near the town of Dumfries, and within four or five miles of the Potomac—the soil is generally adapted to small grain, and if too considerable for one purchaser, will be laid off in Lots suitable for small farms—a description of the land is thought unnecessary—as those wishing to purchase will no doubt first view it: the payments required will be one third cash, and the other two thirds in annual instalments, to be secured by a mortgage on the land; and no deed given until the last payment is made; any person wishing to purchase, may know the terms by applying to Mr. Thomas T. Page, living near the premises, who is fully authorised by me to sell the whole or any part.
JOHN TAYLOR. August 16—3m. N. B. A valuable mine bank in Maryland may be had with the furnace if required.
ELEGANT HOUSEHOLD FURNITURE, FOR SALE.
AT PUBLIC AUCTION on Monday the 2nd day of September next, at 10 o'clock in the morning, at the house of Mr. DAVID RAWN, deceased, a variety of Household and Kitchen Furniture, consisting of Tables, Chairs, Bureaus, Bedsteads, Beds, Bedding, Carpets and Curtains, one superb double barrel'd Fowling Piece, one Franklin, and one Ten plate Stove, together with a variety of other articles, too lengthy to enumerate.
Purchasers to pay cash for all sums not exceeding 20 dollars, and six months credit for all purchases above 20 dollars with approved endorsed notes, (negotiable at the Branch Bank of this city) bearing interest from the day of sale.
All persons having demands against the estate are requested to bring in their accounts for settlement within three weeks from this time.
ELIZA RAWN, JOHN H. CHEYNEY, } Admr's. August 23—3t
NOW PUBLISHED, By G. DOUGLAS, BALTIMORE, Forensic Eloquence:
S K E T C H E S OF TRIALS IN IRELAND FOR HIGH TREASON, &c. INCLUDING THE SPEECHES OF MR. CURRAN At length, to which are prefixed, A brief sketch of the History of Ireland, and a Biographical account of Mr. CURRAN: with an Elegant engraved Likeness of that orator.
CEDENT ARMA TOGA, CONCEDAT KAUREA LINGUA. NOSCE HAEC OMNIA EST ADOLE- SCENTULUS.
SECOND EDITION, WITH ADDITIONS. August 23—3t
BOARDING SCHOOL FOR YOUNG LADIES.
MRS. LEE takes this method of returning her grateful acknowledgments to her friends and the Ladies and Gentlemen of Washington and its vicinity, for their liberal patronage, and solicits a continuance of their favours which she hopes to deserve by a strict attention to their morals, as well as the other branches of education, and flatters herself from her long residence in Paris, that she is enabled to teach the French language with peculiar advantage.
  TERMS AS FOLLOWS: DOLLS   Board and Tuition, per quarter, 30   Needle and Fancy work, English, Writing, and Arithmetic, } 5   French, 4   Small children, 4   Pennsylvania avenue, three doors west of the President's square }   August 23—6t 
Runaway Negro.
WAS committed to the jail of Frederick county, Maryland, on the 19th day of May last past, as a runaway, a negro man named JIM, who says he is the property of a certain John Chew Thomas. He is about 23 years of age, five feet three inches high; has thick lips and long wool: His left hand and wrist have been considerably injured by a waggon. His clothes are a striped gingham sailor-jacket, a swansdown waistcoat, white cassimere small clothes, woollen stockings, an old fur hat, and a muslin shirt. His owner is desired to release him, or he will be sold for his jail fees agreeably to law.
GEORGE CREAGER, Sheriff of Frederick County. June 12th—1805—1awgw
RAGS.
The highest price, in Cash or Books will be given for any quantity of clean Linen and Cotton Rags, by Rapine Conrad and Co. Capitol Hill. June 24—
West Indies.
BERNARD McM AHON SEEDSMAN, No. 129.
CHESTNUT STREET, PHILADELPHIA, Has just imported from London by the ship Columbia,
A GENERAL ASSORTMENT OF Garden Seeds,
PARTICULARLY of such kinds as are usually in demand in the West Indies, and as other hot climates; and also of such sorts in are necessary for summer and fall sowing in the United States. They are all fresh, of the last season's growth, and will be disposed of on moderate terms.
TURNIP SEED.
He has likewise imported from one of the most eminent Turnip farmers in England, a quantity of the genuine White Norfolk field Turnip seed, which is the most profitable kind yet known for cattle feeding, and exceeded by none for ordinary purposes.
FLOWER ROOTS.
His flower roots being now taken up, his friends and the public may be supplied with upwards of three hundred varieties of the most superb Tulips, all named, and arranged in their proper divisions, a large collection of the best double Hyacinths, Anemones, Ranunculus and Jonquils; likewise Crown Imperial, crocus spring and autumnal Cyclamen roots, with several other kinds.
BOOKS.
He is constantly supplied with the best and most approved works on Agriculture, Botany and Gardening, and in a few weeks will have ready for publication his treatises on AMERICAN GARDENING, adapted particularly to the climates, seasons, and vegetable productions, that are, or may be profitably cultivated in the United States.
He is also supplied with the best English flour of mustard and split peas; white and brown mustard seed for mangoes, &c; watering pots, bafs mats, pruning, grafting, and inculating knives; garden rakes, hoes, reels, lines, spades, shovels, trowels and edging irons, hot bed lights and glass, hyacinth glasses, red, white, and yellow clover seed, burnet, lucerne, ray grass, timothy, herd grass and orchard grass seeds, etc, vetches, peas, beans and every other necessary article in the seed trade.
M c M AHON invites, nay he solicits a correspondence and reciprocity of services with the admirers of curious and useful vegetable productions, in the United States and elsewhere; and having it considerably in his power, being generally supplied with an immense number of scarce, curious, and valuable seeds, he hopes they will find in him an attentive and useful correspondent.
July 15.
Council, Annapolis, May 16, 1805.
ORDERED, That the act to provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American, Telegraph and the Federal Gazette at Baltimore; the National Intelligencer; the Republican Advocate and Bartigis's paper at Frederick-Town; Greaves's paper at Hagerstown, and in Smith's and Cowan's paper at Easton.
By order, NINIAN PINKNEY, Clerk.
AN ACT
To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
BE it enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and found legal knowledge, residents of the state of Maryland, who shall previous to and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be styled in the commission chief judge, and the other two associate judges, of the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint, and the salaries of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as
aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court shall hear and determine the same in the same manner as if such prosecution had been originally instituted therein; provided that such further and other remedy may be provided by law in the premises as the legislature may direct and enact.
IV. And be it enacted, That if the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all case pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the deciding of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shore, respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorise the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, in any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amendments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding.
May 31—2aw3m
Twenty Dollars Reward.
RAN away from the subscriber's plantation near this place, on Monday the 10th inst.
PHIL,
Who commonly calls himself Phil Brice, a dark mulatto, aged about twenty four years, five feet eight or nine inches high, remarkably polite, speaks quick (though with difficulty) when spoken to, his clothing unknown. Having acquaintances in Baltimore, Alexandria and the City of Washington, I think it probable he has gone to one of those places. The above reward will be paid to any person who shall bring him home, or ten dollars for lodging him in any jail, so that I get him again.
WM. B. BEANES.
Upper Marlborough, July 12—w6t
Rapine, Conrad, & Co.
On New Jersey Avenue Capitol Hill,
HAVE just received and offer for sale, at a low price, a quantity of PERUVIAN BARK by the pound and smaller quantity.
They have also, lately received an addition to their former assortment of books and stationery.
July 10—