The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-01-22 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1135
FIVE DOLLARS PER ANNUM.
FRIDAY, JANUARY 22, 1808.
PAID IN ADVANCE.
CONGRESS.
DEBATE ON GUN-BOATS—CONCLUDED.
MR. RANDOLPH said that so long as the details of the bill were under consideration, he had forbore to trouble the House with his sentiments, but now on its final passage, he conceived himself entitled to express freely and fully his objections to it. His object was not to make proselytes, but to present to the House and to his country the grounds of his refusal to sanction the measure. When perhaps seventy or eighty speakers had repeatedly risen in its favor, it was surely reasonable that the few individuals opposed to it should be heard in their own behalf. He complained of the manner in which business had been conducted. Instead of a comprehensive system, the whole extent of which might be embraced by the House, measures had been laid before them, piece-meal, and discussions of the most vague and unprofitable nature had grown out of them. So far from that general diffusion of information which was so desirable, they were totally destitute of any concerning the disjointed members which had been laid upon their table, and which he despised ever seeing connected in one perfect whole. The deliberations which had arisen upon them defied analysis. It was a sort of Parthian warfare in which the difficulty lay not in vanquishing the enemy, but in coming up with him. He had not proceeded (as was alleged) upon his own speculative opinion. Experiment had proved the inadequacy of this species of armament. When the President of the U. S. issued his proclamation, commanding the British ships of war to retire from our waters, the want of adequate force alone could justify a failure to carry that Proclamation into effect. A consciousness of his incapacity to enforce obedience to it, was notoriously one of the causes why Congress had been convened. Whosoever denied this must have the hardihood to charge the President with being deficient in his duty, which he presumed gentlemen were not prepared to do—and surely it was his bounden duty to enforce respect for the authority of the nation on those by whom it had been treated with derision and contempt. The British force remaining within our jurisdiction, in defiance of the laws, were as much an invading foe as if they had taken possession of the Capitol. The miseries of war had been feelingly depicted. Mr. R. was as strong an advocate for peace as any gentleman on that floor—provided it were a safe and honorable peace. To his apprehension the arguments which had been urged would justify submission to any extent. He would ask if it was the duty of the Chesapeake to submit for the sake of peace, or to have resisted to the utmost of her strength? She was no more called upon by her duty to resist that attack than the nation was now called upon to repeal the attack which had been made upon her sovereignty. The obligation to resist was in both cases the same. Was any person disposed to applaud as a preserver of peace the unfortunate man of whom he should say no more than that he was not more bound to return the broadside of the enemy than government were to expel their ships from our harbors after commanding them to depart. Much as he cherished peace, Mr. R. would be sorry to see it preserved by such forbearance; and it was only the inability to execute that could reconcile it for a moment to the feelings of the nation. The proclamation ought not to have been issued, or it should have been enforced. Let it not be supposed that he was an advocate for defence by 44 gun frigates. Since the existence of their navy the U. S. had lost two of their stoutest ships to an enemy, and in both instances, without even a show of resistance. It was true that in one of these instances, the victor, as if in contempt, had thrown the worthless thing back upon our hands instead of sending it where he wished it had gone, to Halifax, or to the bottom. An attempt to build a navy at this time would bring no relief but suffering. Mr. R. put little confidence in the regular navy, as it was called, which just sufficed to bait the war-trap, or in the gun-boats. Like the contemptible insects to which they had been compared by their advocates, it was hoped that they would find shelter in their insignificance, but if they should prove in-
struments of annoyance, eventually they would be turned against ourselves. He wished to see the public treasure employed in putting arms into the hands of all who were capable of bearing them, and in providing heavy artillery, not in the erection of a naval force, which, whether great or small, unless it too could retreat beyond the mountains, must fall into the hands of the enemy. If they wanted a force that should combine strength with simplicity, ready at all times for the public protection, they had such a force amply in their power.
If in the first instance he had had no objection to this bill, a remark of his worthy friend from N. Carolina, who had introduced it, would have determined Mr. R. to set his face against it. It was that when the boats were built they were to rely upon a marine militia to man them—to cap the climax, a marine militia ! But perhaps on this subject too they might be told that they were inexperienced and ought not to decide, for that men the most conversant with marine militia (but in what school he did not pretend to tell) pronounced them to be the best possible accompaniment to gun boats. There were two sorts of experience: that of an enlarged, liberal, reflecting mind possessing powers of high discrimination, capable of comparing objects in all their various relations to each other; and a little, petty, personal experience extending to a few matters of insignificant detail. Because a man had served on board a merchant vessel, whether in the forecastle or the cabin, did that entitle him to talk magisterially on systems of naval defence? Or because he could box the compass was he better calculated for the head of an admiralty than John Lord Spencer, who was probably destitute of that elegant accomplishment; but who, because he was a statesman , and not because he was an able bodied seaman , had conducted the naval affairs of his country with a success and glory that might be equalled but never could be surpassed. What personal experience, so much relied upon, could our own executive officers be supposed to have upon this subject?
Mr. R. hoped that those who were in favor of the bill, and whom he believed to be a large majority of the House, would excuse him if he could not vote for it on a principle on which he had ever refused to act, and would refuse as long as he should remain in public life. It was perfectly consistent and proper that gentlemen, who had always been the champions of executive doctrines and voted for measures because they emanated from a source which was the God of their idolatry, should support systems because they were ushered into the House in a particular way. These courtly doctrines had always been too refined for him—his deliberate approbation must accompany his vote. A strong objection to the bill in question was the delusive views held out to the House on the subject of its expence. It had been said that 250 dollars per man would cover the whole cost, (he was informed that it would amount perhaps to four times that sum) and not one third of the number of men necessary to navigate and fight the boats had been taken into the account: and it had been further urged that, as the boats would be in service not more than six months in the year, one half of the whole annual expence would be saved. Mr. R. asked if it was possible for such a state next to pass upon the most credulous and uninformed man in society. If they were laid up at the end of every six months, and the men discharged, was it not evident that new premiums, bounties, and additional clothing would be necessary at every new term of service? How absurd then to talk of a saving of one half by employing them only during one half of the year. Besides, what was to become of our defence during the remainder of it. Surely if the boats were necessary in January, they would be so in June, and if wanting in June they were equally so in January.
But it was whispered out of doors, that these boats were not to be built. This, although at first sight it might seem to remove all his objections to the bill, would, if true, enhance his opposition to it, because it would lock up a vast sum of money from the necessities of the public, and tended to hang out lights of false security to
the people. If however negotiation was to precede measures of actual defence and we possessed the power (as had been asserted) of driving the British squadron from our waters, but had magnanimously refused to exercise it, for the sake of preserving peace, he trusted that the departure of that squadron would be insisted on as a preliminary to all further negotiation. A gentleman, whose opinions seemed to be almost oracular in that House, had dropped an expression which threw great light upon the present state of our affairs. It was to this effect; that if the House were not in possession of any copies of dispatches from our ministers at London, they had seen all that the Executive had received on the subject of our negotiation there, from its commencement to its final close. [Mr. Nicholas here explained; he had said that all that had taken place they had seen.] Mr. R. said that the gentleman could have no reason to suppose that he was in any wise disposed to misunderstand him, but that he sat at the time almost in contact with the gentleman, and could distinctly hear him: his closing observation was (of which I believe I reminded him when he resumed his seat) from its commencement to its final close . [Mr. N. said those were his words.] If such then, said Mr. R. was the state of affairs, did it call for forbearance on our part of our indisputable rights within our own jurisdiction?
In the course of the observations which he had thrown out, very much at random, on this subject, he had not conceived himself authorised, when speaking of the late outrage committed by Great Britain, to indulge in a strain of invective against the aggressor, as if that could wipe away the stigma attached to his own country. He knew that so far from vindicating the national honor by such conduct, he should but wound it more deeply. If we have war, said he, let us not deceive ourselves. We shall meet an enemy worthy of our arms—men of the same race, sprung from the same Anglo-Saxon stock; and let us not now tarnish our glory, if the God of battles should crown our efforts with success, or embitter our defeat, should the event be adverse, by stigmatizing with every epithet of contumely and contempt the people against whom we shall have to contend.
The question having been put on the passage of the gun-boat bill, was decided by yeas and nays as follows: YEAS—Messrs. Alexander, L. J. Alston, W. Alston, Bacon, Bard, Barker, Bassett, Bibb, Blackledge, Blake, junior, Blount, Boyle, Brown, Burwell, Butler, Calhoun, G. W. Campbell, J. Campbell, Carlton, Chandler, Chittenden, Cloton, Cobb, Cook, Crowninshield, Culpepper, Cutts, Dana, Dawson, Deane, Desha, Durell, Eppes, Findley, Fisk, Franklin, Gardner, Goldsborough, Goodwyn, Green, Harris, Heister, Helms, Holland, Holmes, Howard, Humphreys, Ilsley, Jenkins, Johnson, Jones, Kelley, Kenan, Kirkpatrick, Knight, Lambert, Lewis, Livermore, Lloyd, Love, Marion, McCreery, Milnor, D. Montgomery, J. Montgomery, N. R. Moore, T. Moore, Jere. Morrow, Jno. Morrow, Mumford, Nelson, Newbold, Newton, Nicholas, Porter, Pugh, Rea (Penn.) Rhea, (Tenn.) J. Richards, M. Richards, Riker, Rowan, Sawyer, Seaver, Sloan, Smelt, Smilie, J. K. Smith, S. Smith, J. Smith, Southard, Storer, Sturges, Swart, Taggart, Taylor, Thomas, Thompson, Troup, Upham, Van Allen, Van Dyke, Van Horne, Van Rensselaer, Wharton, Whitehill, Wilbour, M. Williams, Wilson, Winn, Witherall. —111.
NAYS—Messrs. Champion, M. Clay, Davenport, Elliott, Ely, Garnett, Gray, Hoge, Macon, Masters, Mosely, Pkin, Quincy, Randolph, Russell, Stanford, Stedman, Tallmadge, Trigg.—19.
DEBATE
On the memorial of the Governor by direction of the Legislature of Massachusetts, in favor of the Yazoo Claimants.
(Concluded.)
MR. CHANDLER remarked that he had understood the gentleman from Georgia just sat down to say that it was his object to treat the petition with contempt, and if he understood him rightly, the petitioners also. The pe-
tititioners were no other than the legislature of Massachusetts. Would the gentleman indeed treat them with contempt? For what? He had said that here was corruption in the way, that there was a claim of corruption. Did he mean to say the legislature was corrupt? [Mr. Bibb declared that he did not impute corrupt motives to the legislature.] Mr. C. continued: If the gentleman did not attribute to them corruption, why would he treat them with contempt? Why not suffer the memorial to take the common course? Why not permit it to be referred? Mr. C. said he knew nothing about the justice of the claim. How far the legislature of Georgia who made the grant might have been corrupt, or how far it deserved censure, let the gentlemen from Georgia determine, for he would not undertake it; he hoped however that gentlemen would not attribute corruption to the legislature of Massachusetts. As to these claimants having a share in corrupting the legislature of Georgia, he knew nothing about it; but the memorial coming from at least a respectable source, he hoped it would receive the same attention as was given to every private petition couched in decent terms.
MR. MARION said he was one of those opposed to making any compromise with any claimants of lands; he should consider it a compromise of principle not of policy; but at the same time he was disposed to treat any memorial from a state legislature with respect. As the memorial stated, all the documents on the subject being already in possession of the House, he should suppose the House would be as competent to decide on it in committee of the whole, as if it were previously sent to a select committee. Therefore, not wishing to treat the memorial with disrespect, he made a motion to refer it to a committee of the whole.
This motion taking preference of the motion for commitment to a select committee, and the Yeas and Nays being called on it,
MR. QUINCY lamented the passion which was displayed on this occasion, for in truth there were at present sufficient sources of irritation without this. He would not have risen at this time, as he was very little interested in the business more than that he wished to perform what was his duty to his state, but to defend a class of people, some of whom were his constituents. He wished the House to divest itself of prejudice, and take a clear view of the subject. He considered the memorial on the table from the legislature of Massachusetts, not as adopting the principle of the Yazoo claim, not as attempting to foreclose this House in the exercise of its rights, but he considered it as presenting to this House the temper of the state; a temper and feeling, not excited by any fondness for individual speculation or aggrandizement, much less from any inclination to favor fraud or corruption; but from a perception of the ruin brought upon many individuals by this thing. Yes, ruin fallen, not as gentlemen had asserted, upon great speculators; but in many instances, upon humble individuals, who were induced to take part in this speculation because they believed it honorable, and because they had confidence in the opinions of those who conducted it.
The memorial on the table was not an expression of the sense of the legislature of Massachusetts on the claim, but a wish from that legislature that the House would again recur to the subject, and see whether on some principle of law or equity, indemnification might not be made. It had been very little in the intention of the legislature of Massachusetts or the citizens of Massachusetts to deny that there had been corruption in the original transaction; but it was a thing of which the legislature of that state knew nothing. It happened at a distance of many hundred miles from them. All he could say was, that they were not participants in the fraud; and notwithstanding the assertion that the gentleman from Georgia that it originated in the town of Boston. Mr. Q. said he would place it on a different ground; that if they had known it to be fraudulent, they would have abandoned and rejected it; this he could say from his personal knowledge of the manner in which this transaction had originally been ex-
tended to the state of Massachusetts. The gentleman from Virginia had observed that the legislature of Massachusetts had not shown that her citizens were deprived of any constitutional right. Perhaps it would not have been proper for the state of Massachusetts to have alleged to this House that her citizens were aggrieved. It had been said that the title to this land might be tried; but Mr. Q. said a law passed last session had taken away all right which an individual could have to enter upon the land and try his title to it; this was known to the legislature at the time, and was the reason why they had referred the subject to this body, that the House might consider whether this law was constitutional or not. So that although the legislature of Massachusetts had not specifically stated in their memorial that any constitutional right had been denied, every one knew that a law of this kind had been passed infringing the rights of some of her citizens.
With respect to the allegations of fraud and corruption, and the hints thrown out that the legislature of Massachusetts were at this time patronizing fraud, he felt for the gentleman who made it, rather compassion than any thing else. The House very well knew that the gentlemen were placed in a situation very unfortunate for a clear conception of this subject; because they were under the influence of passion prevailing in that state on a subject on which honest and wise men might well doubt. If it were true that there was original corruption, the legislature of Massachusetts knew not of it; if there was not corruption, the assertion fell of course.
It was peculiarly important that this subject should be treated with some degree of attention. It was unquestionably the prevalent opinion in Massachusetts on this subject which had excited so much attention, and in which the people felt an unusual interest, that some mode of law or equity could be devised by which justice in some shape could be awarded to the claimants. This sentiment was universal as far as he knew, and it was well known that those gentlemen who originally brought this land for sale into the northern states, were gentlemen from the southward, and the petitioners rested their claim upon the foundation that at the time they purchased these lands they were ignorant of any corruption or fraud with which the claim was connected.
It had not been his intention to have spoken on this subject, but that it had appeared to him after what had fallen from the gentleman from Georgia, it became his duty to urge to the House the propriety of paying such attention to the memorial of the state of Massachusetts by a reference as was due to every petition; after which the memorial might be considered on such principles as justice and policy might dictate.
MR. MACON himself had no objection to the reference of the petition. The feelings of the people of Massachusetts and Georgia ought alike to be considered. He had no objection to hear the claim discussed again and again, although he never should consent, so long as he possessed his common faculties, to compromise the claim, or give one cent to the claimants. The law was as much open to these people as any other in the U. States; whenever the U. S. sold any part of it they had a right to try their title to it by law. Notwithstanding this, he had no objection to commit the memorial to a committee of the whole; there needed no statement of facts on this question; they had been stated over and over again. He wished a commitment, not because he was favorable to the claim, but because he wished it to be investigated again and again: if he could be convinced that they had a just claim, he should vote in their favor.
With the gentleman from Pennsylvania, he regretted that any thing should be thrown in to divide the House at this time. Unquestionably this lay at the door of those who brought it forward, whom he did not mean to blame, for they had a right, and it might be their duty so to do. As to sending it to a select committee, he could not see any purpose to be answered by it. Committees had reported and there had been stated almost every year since 1796. What more was wanting? There
(Continued on next page.)

On the Resolution for requesting the President to cause an enquiry to be made into the conduct of General Wilkinson.
THURSDAY JANUARY 7
(CONTINUED.)
Mr. POWELL's motion for calling on Mr. Randolph and Mr. Clark for information being yet under consideration.
Mr. RANDOLPH conceived that some weight was due to the representation which had been made to the House by the gentleman from New Orleans: & if that gentleman was called upon to state what was within his knowledge on the subject, that means should be afforded him to substantiate what he might testify. It was due to the gentleman's character that means should be afforded to him of supporting his oath by corroborative testimony. The situation of that gentleman was indeed delicate; and when they considered the weight of evidence which might be brought, and which had indeed in part been produced, it must be allowed that the gentleman's representation was entitled to the candid consideration of this House. Mr. R. said he scarcely felt himself justified, friendly as he was to the motion, in voting for it under these circumstances. He did not say that he should vote against it; but if he voted for it, it would be with a reluctance which he had not believed it was possible for him to have felt on this occasion.
It was evident to his mind, that the course which was pursued in the year 1731, on the subject of Gen. St. Clair's defeat, was the course which ought to have been taken in this instance. He should be told perhaps by the gentleman from Pennsylvania (Mr. Smilie) who at the same time contradicted his argument by the vote which he was about to give, of the incompetency of this House to make the enquiry, of their usurping the powers of the Executive, and of their interfering with matters which did not concern them, to the extreme prejudice of the citizen. Was this an ordinary case and to be measured by the ordinary rules of common practice? Certainly not. It had been likened to cases of murder or treason. There was no similarity. In cases of murder the relatives of the deceased would always be ready to urge a prosecution. In cases of treason, there were officers appointed as public accusers, and grand juries, whose province and duty it was to enquire into infractions of the civil law. The offence charged upon this person was not merely a military offence, but was of a peculiar nature—not merely as it regarded the act itself, but as it regarded the horem by whom the act was committed. He would ask gentlemen if they had ever heard in the course of their lives, of a court martial held upon the conduct of a commander in chief? Was it held in the case of St. Clair? Such a court must be composed of subaltern officers, who might be induced to put the commander out of the way that they might mount the ladder of promotion, or might be influenced by his former military authority over them. They must be ruled by every breath, whether real or imaginary, with every suspicion they might entertain of the disposition of the supreme power towards the individual over whom they sat in judgment. Mr. R. believed it was for this reason that no man had ever heard, at least he had not, of a court martial upon a commander in chief. Now, when he had the honor of laying before the House the resolution which brought forward this discussion, his object had not extended to a military enquiry—he had not contemplated such a thing as a military enquiry; neither would a military enquiry attain his object, which was, that the President of the U. S. to whom the commander in chief was responsible, should institute an enquiry into the conduct of that officer, and that he should, after having obtained all the evidence (and he might say, all the information) which was attainable, act as justice to the individual and to the country, but more especially as a regard to the public safety, might require—and Mr. R. would go further and say, as a regard to public opinion might require. His excellent friend from N. Carolina, (Mr. Macon) had a few days ago told them that it was impossible that the people of the U. S. could repose confidence in the commander in chief under present circumstances; the consequence would be that the militia might not turn out under such a commander.
In the irregular manner in which he was speaking he was addressing the House, though he was certainly not his purpose to say any thing which had not a direct bearing on the question, Mr. R. said he would make a few more observations.
They were asked for authority on which to adopt the proposed measure. Was it fair (although in his opinion the case of St. Clair was a case in point) in a government like ours, scarcely twenty years of age, yet in its infancy, to ask for precedents in every case? Must there not occur almost daily cases novel in their nature, cases unforeseen and unprecedented? As curators of the constitution, as persons vested with the trust of seeing the constitution faithfully executed, they had a right to act in this and every other matter in such a manner as would in their judgment promote the public safety and the public good, so that they did not trench on the exclusive provinces of other departments of the government, or on the authority of the states, or transgress the restrictions imposed upon them by the constitution. The gentleman from Pennsylvania had quoted the constitutional provisions touching the life and liberty of the citizen in common criminal cases. Let the gentleman, said Mr. R. take the constitution in one hand and the rules and articles of war in the other, and see how they would agree in this sense. But did not the gentleman himself, in quoting the constitution, read an exception of all cases, arising in the land and naval service; and therefore to talk of an invasion of the rights of the citizen, while the House was taking measures for the detection and exposure, and removal from office, (if guilty) of a dangerous military character, was entirely idle. There was one motive that might be assigned for making this enquiry, which Mr. R. considered sound; which was, that, after this House should have taken such measures as they deemed the public good to require, if those departments of the government whose business it was also to supervise the public concerns, were remiss in their duty, such conduct would be one of the strongest reasons for the proper punishment of such departments; and the power to apply this punishment rested at least in part with this House.
Mr. R. would suppose that the House were in possession of information, instead of Aaron Burr, the late Vice President of the U. States, having conspired against our national existence, that the commander in chief was that conspirator. Suppose this case, (said Mr. R.) and that we were to have been put out of this House, not by Aaron Burr—but by James Wilkinson. Suppose such information were in possession of the House; should we do our duty, if, instead of wasting our time in idle debate, we did not request the President instantly to cause an enquiry?
But it seemed that the party in question had enjoyed the confidence of a long line of Presidents, and that this was one reason for supposing him innocent. Suppose him innocent, said Mr. R. that is one of the best reasons for assenting to an enquiry which is to establish that innocence. But how long had it become a principle in our government that confidence, not only in Presidents, but in any in whom they might have confided at any time, was to become the sole rule of action to the legislature of the country? If they had acted on the principle of confidence, they would have said that it was equally impossible that Aaron Burr, a man who had been a Senator of the U. States from the great and respectable state of N. York, and who had enjoyed the important office of Vice President of the U. S. by an equal vote with the present President—should be guilty of the crimes laid to his charge. But this sort of reasoning did not accord with fact. Ours is not a government of confidence, said Mr. R. It is a government of diffidence and of suspicion, and it is only by being suspicious that it can remain a free government.
He observed that it was a wonderful revolution in human affairs that could give sanctity to and bleach into unsullied whiteness characters that had remained under suspicion, and strong suspicion too, for years. When the present President of the U. S. first came into power, it was a question with the leading and he might say ruling party, whether the army of the U. S. could not be reduced so that the highest commander should be excluded. There was a most decided majority (as the gentlemen then in Congress knew) in favor of that reduction; but by a finesse unparallelled perhaps in legislative history, the disposition of that majority was eluded & evaded, and matters were suffered to stand as they now are. But at that very session, he believed, so little was confidence the order of the day, that in order to prevent (this was not said on the floor of the House, but publicly spoken of out of doors) the embezzlement not merely of Spanish dollars, but of our own, to cut off all possibility of peculation, a fixed salary was given to the commander in chief.—Mr. R. said he had then his opinions
on the subject—they were not new. He was informed from a respectable source of the government—he would not name it, but he believed it was from the same channel that a dozen members of the House received the information—that such a step was absolutely necessary. And at this day, after these facts were known, should a character remain unspotted which had so long lain under odium? He knew that it had been a very general opinion with many members of the House, that at the moment the President of the U. S. had put his name to that act, he would think it a matter of course to remove the officer who had compelled them in self-defence to pass that law. Upon this subject Mr. R. said he felt no delicacy. In discussing the conduct of a person whom he believed, upon the very best evidence, to have been six or eight years ago guilty of peculation—a person against whom he had been compelled on oath to say that he believed him to be guilty of misprision of treason—he felt no hesitation. It would be mere affectation to pretend to feel any; it was out of the question. The gentleman from Pennsylvania or any other might say what he pleased about this person's being prejudged; but the case had been prejudged long ago; and it was impossible to proceed on it without prejudging on one side or the other.
While up, as it might save trouble, and as he found some little contradiction in the public prints respecting the papers which he had submitted to the House, he would take the liberty of telling the House at what time and in what way they came into his hands. On Thursday, the day preceding Christmas day, (said Mr. R.) a gentleman, an utter stranger to me, gave me some information which he had conceived might be interesting to me as a private man; and at the same time informed me that evidence of this kind was within my reach. The purport of it was stated to me at several different times; and the day preceding that on which I submitted the matter to the consideration of the House, Power's letter was put into my hands. I immediately called upon the Secretary of the Treasury, and asked him if he knew, or if government were apprized that there existed information of this nature, who replied that they were not; I then requested him inasmuch as it would be brought forward in a public way, to say nothing about it. And, on the next day, although I had seen them before, the certified copy of the cypher letter to Gayoso and the copy of the original of the Baron de Carondelet's letter to capt. Portell were put into my hands—the very day on which their contents were disclosed to this House. I have nothing more to say.
Mr. MACON said he had not intended when he first spoke on this subject, though he might have expressed himself inaccurately, to express an opinion on the guilt of gen. Wilkinson. His object was to give no opinion on the subject. He had then stated as a reason why the House ought to adopt the resolution, that the observations which had fallen from the gentleman from Kentucky, (Mr. Johnson) would have been sufficient ground for it. He wished to express no opinion on the merits or demerits of this affair.
Mr. LOVE said his principal object in rising a second time, was to know whether he had understood the precedent, read from the journals of a former session by the gentleman from North Carolina (Mr. Macon) and relied on by the gentleman from Virginia (Mr. Randolph). For if he had understood the journals right, without intending any disrespect, to either of those gentlemen, he must acknowledge, they did not in this instance, seem to have exercised, the powers of discrimination, which he had supposed their minds to be endowed with: If he had heard distinctly the reading of the journal, it stated that, a resolution had been introduced requesting the President, to enquire into the causes of the defeat, the American arms had sustained under General Sinclair; which was negatived by a large majority—but, that on a motion to refer that enquiry, to a committee of their own body, it was agreed to: The resolution which was adopted, and is said to form the precedent for this, was nothing more, than that a committee should enquire into the causes of this defeat; this said Mr. L. was surely proper, it related to a subject which Congress might properly feel it its duty, and for its own exculpation, to enquire into; it did not contemplate as the original resolution in this case does, an enquiry into the conduct of any military officer, but such an enquiry would enable Congress itself to shew, that the terrible defeat our armies had suffered, was not attributable to any improper conduct on their part, in withholding the necessary means of victory, or the proper supplies for our army: really said Mr. L. the selection of this precedent seems to be an unfortunate one for those
who rely on it, one which he should gladly have adduced for the very opposite purpose for which it had been adduced.
But a contradictory conduct, Mr. L. said had been attributed to those, who professed a willingness to adopt the present resolution, and at the same time contended against the power of acting on the subject: if there was such semblance of contradiction, surely a moment's reflection would satisfy any gentleman it was not in reality so. This subject had been obtruded on the House, how properly would be hereafter judged of, they had so far entertained and acted on it, he was now willing to take such steps as would enable them to get rid of it; but the resolution he advocated the adoption of, was of a nature totally different from the one originally proposed, and contained in it no infraction of the constitutional right of another department of the government: The most that can be said of this, is that it may produce an unprofitable waste of our time, and that we ought only to act on it in order to get clear of a greater evil; the other is of a dangerous kind. Mr. L. said he was astonished at the manner, in which this subject had been treated; instead of an attempt to reply to the objections urged against the original resolution, the House had been occupied in listening to personal invective, and general, undefined, vague charges against a military character, who had not here the power of reply; it would certainly have been more proper, and in every respect more correct, to address the understanding on the subject, introduced to the consideration of Congress, and to have endeavored, at least to answer the argument objected to the right of entertaining it.
Mr. ROWAN was opposed to this resolution, not because of the extent of power which it assumed, but because it was short of the power which ought to be exercised on this occasion; nor was he opposed to enquiry, because its effect would be to place a solitary individual against a host, when in fact the host was in his favor. If information was necessary, at all, why confine it? If necessary, why not procure all within their power? By admitting that Daniel Clark should lay on the table the information in his possession, they admitted that it was proper to have information; then why not admit all the information requisite to a clear understanding and fair decision of this question?
I have another objection, (said Mr. R.) to this course of proceeding: this House will have gone into a discussion on the subject of an enquiry; the testimony adduced may not be relevant, and the character of the man will shine the brighter after the discussion—and why? Because testimony will have been collected? No. Because a discussion under color of an enquiry will have taken place without effect. It will serve only as an additional buoy to his character. Make the resolution ample; go into a full enquiry. You have power, exercise it and you shall have my feeble support. But it was said that there was no precedent for this case. How were precedents formed in the first instance? There must first be a case on which to create them. The present case is unprecedented; and I shall not flinch from acting on it because there is not a similar case on record.
Mr. R. contended that it was an incidental power of this House to make an enquiry. Who makes war? This House. Who conducts it by appropriations of blood and treasure? This House. Shall it be said that we have power to make war and to support it, and not to enquire into the loyalty of our commander? It was said that the President only had a right to enquire, and that the President had confidence in him. Mr. R. said there might be a case (he did not mean to say that it now existed) in which a President should conspire with the commander in chief against the government, and as the latter officer was accountable to the President only, whatever confidence they might possess in the President would be unavailable. Suppose a general treasonable; suppose a war was now to break forth, of what avail would be the responsibility of the President in this case, when contrasted with the general evil which might result? Suppose a battle was impending, by which the fate of the nation was to be decided, and the House had a suspicion that the commanding officer was disaffected, or had a disposition to injure the interest of the country, would they not enquire into the case? Certainly they would; and thus he contended that this power of enquiry was inseparably incident to the great power of making war.
But besides its residing thus in this House, it resulted from the general construction of the constitution. This officer was responsible to the President. The President's responsibility only affected his reputation; while a breach of duty in him might destroy the nation. It might be said that no such imminent danger was now to be apprehended; but gen. W. was commander in
chief, the charges were heavy, no less than for receiving money, from a foreign nation with whom the U. S. were at war for aught Mr. R. knew—for no person could say what their actual relation with that power was; a negotiation had been so long pending that its object was almost forgotten. The charge against him is of being a Spanish pensioner. The world knows (though it is a subject worthy of further enquiry) that that power did propose to the people of the western country a dismemberment from the union; that she did offer to furnish 100,000 dollars for arms, and another 100,000 for corrupting the public papers and distributing among the people; and that all who lost commissions from their attachment to her should be indemnified for the loss. It was known that there was a Spanish consul in the little town of Frankfort—Argote. It was also known that sums of money were coming up the river under the care of a person who had been murdered and the money made away with. This money must have been for somebody; whether for Wilkinson or not was uncertain.
When they considered the present critical state of the union, and that this man was commander in chief of the army; when it was known that money had been corruptly received in the western country, and that Wilkinson himself had received money, for what purpose it was not known, but was worthy of being enquired into; when all this was known, suppose the President were to refuse an enquiry, should this matter therefore not be enquired into? Would they after what had been said in the public prints and in the House trust him with the command of our army against Spain? There was to be an enquiry, it was said; but they were not told of what nature it was. If you pass this resolution, said Mr. R. the information before the House will be laid before that tribunal; they will have a colour of evidence, and the result may be easily foretold. I will not express an opinion on the conduct of Gen. W. but I have long been under an impression of his guilt. I do not know the man; I never even saw him; but I live in a part of the country where much doubt prevails of his integrity. I have been present at an enquiry before a branch of the legislature of Kentucky, in which much information came forth. There is no doubt if this enquiry is entered into, it will be found that there are other men enjoying the public confidence, and triumphing in their security, who would be exposed to their country. I am therefore opposed to the passage of this resolution, because it would be adding another shade of doubt to the present obscurity. Something like evidence which might be produced of no effect, would pass upon many for a solemn investigation. Either make the enquiry or leave it with the Executive. I have no idea of stepping between in this manner, relieving the Executive, taking no responsibility upon ourselves, and leaving the friends of this man to turn it to the best use to themselves.
The observations of the gentleman from Pennsylvania were inapplicable. The rights of the man would be respected; and the gentleman's quotation of the right of the habeas corpus would have no other effect than to remind the House that this sacred provision of the constitution had been infringed, and no enquiry made into it. Every one regretted its prostration, and Mr. R. said he regretted that no enquiry had been made into the cause of it. He had no personal motive for wishing the conduct of Wilkinson to be investigated; he did not know him; and he hoped he might come out well; but his love to his country urged him to declare that he wanted an enquiry; the interest of the country required it. It was time that those only should enjoy confidence who really deserved it. The public papers had long resounded these charges from one end of the continent to the other, and no enquiry had been made. A court of enquiry indeed was said to be called; but we all know, said he, what will be the result of an enquiry except we conduct it so as to reach the great point.
He should therefore vote against the resolution, not that he doubted the power of the House, but because it was not such an exercise of that power as they ought to make, and would only operate as a further illusion cast over circumstances into which they ought thoroughly to enquire.
Mr. ALSTON said he had at first felt some doubts on this subject; but now, the resolution had been so modified as to relieve the gentleman from New Orleans from any delicacy which he might feel upon the matter; for although he was to be requested, it was discretionary with him whether he would communicate or not: and therefore, although he was a solitary individual, 1600 miles from home, if he placed himself in a critical situation,

he could not blame the House for it. When the resolution was first submitted to the House, Mr. A. doubted the propriety of making the request. What had been since said on the subject, why, that if they refused to enquire, they refused to criminate an higher department, of whom the House alone had cognizance. If there are more than two members in the House, said Mr. A. who possess information, let them bring it forward, and let the House apply the corrective. We have the power and let us use it. [Mr. Rowan said he had not alluded to any of the departments of government particularly. He had meant Judge Innes.] Mr. A. said that it was said by withholding an enquiry they might seek an investigation into the conduct of a higher department. No particular department had been mentioned he admitted, but such was the expression, and every gentleman was left to draw his inference.
Mr. A. had no objection to information. Let it come, said he, and let us have our eyes upon it; but the world will know that when it comes upon our table, it is not evidence. However strong it might be, persons would not be convicted till they went through a trial.
With the character of Wilkinson in examining this evidence they had certainly nothing to do; the discussion on it was totally irrelevant to the question before the House. Mr. A. had nothing to do with the general's character; he did not know him in a legislative capacity, and scarcely as a private gentleman. He did not believe there were any gentlemen on the floor who wished to prevent an enquiry; but it was an old maxim, and not a bad one, "Give the devil his due." Were they trying him they might make inflammatory speeches on his character; but when they were merely calling for evidence, was it right or liberal to prostrate his character at their feet? When they got possession of the information which the resolution on the table contemplated, the House would be competent to decide what direction should be given to the testimony. He had no doubt they would do their duty. They would have it in their power to transmit the testimony to any proper authority. Let them do so. Whether Gen. Wilkinson had ever been a Spanish pensioner or engaged in commercial transactions or not, or whether he had or had not violated the constitution, were not questions now before the House, except they wished by their speeches to crush the man before his trial. This might be a purpose in view for aught he knew in the present discussion: Whether it was or was not, he would not attempt to decide. But, said he, as the honor of the nation is concerned, let the characters implicated stand or fall on their own bottom. Let them neither be crushed or bolstered up by the manner in which this House shall act.
(DEBATE TO BE CONTINUED.) WASHINGTON CITY, FRIDAY, JANUARY 22.
The great importance of the foreign news excludes various articles, together with the sketch of Congressional proceedings, for the two last days.
A vessel arrived at New York brings information, acquired from a British ship of war, that the English had taken Melilla.
CASE OF JOHN SMITH. On the 20th inst. Mr. Tiffin, a Senator from the state of Ohio, was examined in his seat.
The Senate then took up the report of the select committee, as given in our last, and adopted the same—Yeas 23—Nays 6; by which Mr. Smith is allowed till the 1st day of March to produce testimony.
A resolution offered by Mr. Pope, for summoning Elias Glover and William McFarlane, was disagreed to—Yeas 7—Nays 23.
The motion made by Mr. Adams, some days since, to appoint a committee to enquire into the expediency of fixing the duration of the Embargo, was yesterday taken up in the Senate, and negatived.
THE MILITARY COURT OF ENQUIRY in the case of general Wilkinson met on Wednesday, the 20th inst. and adjourned till the 25th inst. without transacting any business.
By a gentleman from Annapolis, we are informed that the bill to prevent, during the continuance of the embargo, the sale of lands, &c. by execution, became a law on Saturday; having passed both houses of the Legislature.
LEGISLATURE OF MARYLAND. The following resolution was received by the House of Delegates from the Senate. By the Senate, January 12, 1808. "Whereas the General Assembly
of Maryland have on all occasions, viewed with the deepest interest and utmost solicitude, every change in the aspect of our foreign relations; the present novel and interesting crisis peculiarly demands an expression of the public will through the medium of the Legislature.
Therefore, "Resolved, That the late act of Congress, imposing an embargo, is, in the opinion of this General Assembly, a measure strongly characteristic of the judgment and wisdom of our national councils and well calculated to inspire confidence in the individuals of the nation which they represent."
The Yeas and Nays were called for in the House of Delegates, on the question, Shall the same pass? Resolved in the affirmative—Yeas 43—Nays 19.
The following are the amendments to the Federal Constitution, which have been adopted by the House of Delegates of Virginia.
Wednesday, January 13. "Resolved, That the Senators in Congress from this state be instructed, and the representatives therefrom requested, to use their best endeavors in procuring the following amendment to the constitution of the United States, to wit: That the judges of the Supreme, District, and Inferior Courts of the United States and their territories, may be removed from office, by the vote of the House of Representatives and the Senate of the United States in Congress assembled, a majority of the whole number of the house of Representatives, and a majority of the members present of the Senate concurring therein. Provided however, that the cause or causes of such removal shall be stated at length on the Journal of each house."
And the question being put on agreeing to the said resolution as amended, it passed in the affirmative—Ayes 121—Nays 55.
"Resolved, That the said Senators be instructed and the said Representatives requested, likewise to endeavor to obtain the following amendment to the constitution of the United States, to wit: That the Senators in the Congress of the United States may be removed from office by the vote of a majority of the whole number of the members of the respective state legislatures by which the said Senators have been or may be appointed."
And the question being put on agreeing to the said resolution as amended, it passed in the affirmative—Ayes 142—Nays 18.
New-York, January 18. Capt. Rose, of the brig Swift, from Cadiz, informs us that the court of Madrid have decreed that the cause of Portugal shall not be acknowledged on the continent—that the arms of the Portuguese ambassador had been taken down at Madrid, and that the Portuguese consul at Cadiz had sailed for Lisbon—that a war was expected to take place between Spain and Portugal, and that the Prince of Asturias was going to take the command of the combined French and Spanish armies the latter of which was assembling on the borders of Portugal. The governor-general at Cadiz had gone to Seville, to take the command of Andalusia, and a French army of 40,000 men, under the command of Gen. Junot, was within 12 miles of Madrid, on their way to Gibraltar, which place was besieged by 9000 Spanish troops, commanded by Gen. Castillo.
New-York, January 19. By the ship Richard, from Tobago, we have received a London paper of the 17th Nov. containing very important intelligence.
Three Orders of Council were issued on the 14th of Nov. by the British Government, one of which we have copied, declaring the ports of France and her dependencies, and of those countries under her influence, in a state of blockade. All trade or manufactures of these countries are to be considered illegal, and the vessels employed in them are liable to seizure. That neutrals, however, may not be subject to any greater inconvenience than is absolutely necessary, they are allowed, if they please, to furnish themselves with hostile colonial produce for their own consumption, and are allowed such trade with the mother countries of the enemies of Great Britain, as may be carried on thro' her ports or those of her allies. This is considered a "huge concession" to America, to which the London editors have, "a strong dislike," they say, "A French planter, of Guadalupe, for example, can send the produce of his farm direct to America, to Russia, to whatever ports Austria may possess in the Adriatic, in the respective vessels of those countries, under perfect security from British capture; while an English planter cannot send the produce of his own plantation to his own country, without exposing it to French privateers
every league of the voyage. The time must come when this system of concession to the Americans can be no longer pursued, and, at all events, when that time does arrive, they cannot then have it in their power to say that we have not treated them with lenity and forbearance."
The second order of the British council (which we shall publish tomorrow) commences with a relaxation of the celebrated Navigation Act passed in Oliver Cromwell's time, according to the provisions of which it was forbidden to import into England any article of foreign growth except in British bottoms; this regulation is now suspended, and neutrals may import French commodities, or those of other hostile countries, into England, subject to such duties as have previously been established by law in the case of vessels legally importing them (that is, of vessels either British or native) to the countries where the articles were grown. These commodities, which by existing laws are not permitted to be imported at all into Great Britain may nevertheless, according to the provisions of another act, be warehoused from neutral bottoms, but must be reported for re-exportation. The second clause relates to vessels warned of the issuing of these regulations, and in consequence of such warning proceeding to England contrary to their original destination. All such are prohibited landing in British ports, either to report their cargoes for exportation, or to dispose of them there, according to existing terms and conditions. By the third clause all neutral vessels arriving in England from hostile ports may clear out from any friendly port whatever, even if they contain the prohibited articles of sugar, coffee, wine, brandy, snuff, and tobacco; they are exempt from seizure, and may be exported by licence granted for that purpose.
The last order is very brief. It specifies that although France holds the sale of ships by a belligerent to a neutral power to be illegal in the case of Great Britain, yet that in her own she protects her shipping from capture by transfers, or pretended transfers, to neutrals. This order, therefore, only enacts a similar proceeding on the part of England to that which France herself has adopted; and declare all such sales, or pretended sales, illegal; and subjects to capture all vessels so transferred, or pretended to be transferred.
The French government has declared that no farther intercourse with England could be on any account permitted; and that even the sailing of the cartels between Morlaix and Plymouth would be prohibited.
Supplement to the London Gazette of Nov. 17.
Monday, Nov. 16 At the Court at the Queen's Palace, the 11th of Nov. 1807.
PRESENT. The king's excellent majesty in council.
Whereas certain orders establishing an unprecedented system of warfare against this kingdom, and aimed especially at the destruction of its commerce and resources, were, some time since, issued by the government of France, by which "the British islands were declared to be in a state of blockade," thereby subjecting to capture and condemnation all vessels with their cargoes, which should continue to trade with his majesty's dominions.
And whereas by the same order, "all trading in English merchandise is prohibited, and every article of merchandise belonging to England, or coming from her colonies, or of her manufactures declared lawful prizes."
And whereas the nations in alliance with France, and under her control, were required to give and have given, and do give, effect to such orders.
And whereas his majesty's order of the 7th of January last has not answered the desired purpose, either of compelling the enemy to recede those orders, or of inducing neutral nations to interpose with effect to obtain their revocation; but on the contrary, the same have been recently enforced with increased rigor.
And whereas his majesty, under these circumstances, finds himself compelled to take further measures for asserting and vindicating his just rights, and for supporting that maritime power which the exertions and valor of his people have, under the blessing of Providence, enabled him to establish and maintain; and the maintenance of which is not more essential to the safety and prosperity of his majesty's dominions, than it is to the protection of such states as still retain their independence, and to the general happiness of mankind.
His majesty is therefore pleased, by and with the advice of his privy council, that all the ports and places of France and her allies, or of any other country at war with his majesty, and all other ports or places in Europe, from which, though not at war with his majesty, the British flag is
excluded, and all other ports or places in the colonies belonging to his majesty's enemies shall from henceforth be subject to the same restrictions in point of trade and navigation with the exceptions hereinafter mentioned, as if the same were actually blockaded by his majesty's naval forces, in the most strict and rigorous manner. And it is hereby further ordered and deemed that all trade in articles which are of the produce or manufacture of the said countries or colonies shall be deemed & considered to be unlawful; and that every vessel trading from or to the said countries or colonies, together with all goods and merchandise on board, and all articles of the produce or manufacture of the said countries or colonies, shall be captured and condemned as prize to the captors.
But although his majesty would be fully justified by the circumstances and considerations above recited in establishing such system of restrictions with respect to all the countries and colonies of his enemies, without exception or qualification; yet his majesty, being nevertheless desirous not to subject neutrals to any greater inconvenience than is absolutely inseparable from the carrying into effect his majesty's just determination to counteract the designs of his enemies and to report upon his enemies themselves the consequences of their own violence and injustice; and being willing to hope that it may be possible (consistently with that object) still to allow to neutrals the opportunity of furnishing themselves with colonial produce for their own consumption and supply; and even to leave open, for the present, such trade with his majesty's enemies as shall be carried on directly with the ports of his majesty's dominions, or of his allies, in the manner hereinafter mentioned.
His majesty is therefore pleased further to order, and it is hereby ordered, that nothing herein contained shall extend to subject to capture or condemnation any vessel, or the cargo of any vessel belonging to any country not declared by this order to be subjected to the restrictions incident to a state of blockade, which shall have cleared out with such cargo from some port or place of the country to which she belongs, either in Europe or America, or from some free port in his majesty's colonies, under circumstances in which trade from such free ports is permitted, direct to some port or place in the colonies of his majesty's enemies, or from those colonies direct to the country to which such vessel belongs, or to some free port in his majesty's colonies in such cases and with such articles, as it may be lawful to import into such free port; or to any vessel, or the cargo of any vessel belonging to any country not at war with his majesty, which shall have cleared out from some port or place in this kingdom or from Gibraltar to Malta, under such regulations as his majesty may think fit to prescribe, or from any port belonging to his majesty's allies, and shall be proceeding direct from some port or place in this kingdom, or from Gibraltar or Malta, to the port specified in her clearance; nor to any vessel, or the cargo of any vessel belonging to any country not at war with his majesty, which shall be coming from any port or place in Europe which is declared by this order to be subject to the restrictions incident to a state of blockade, destined to a port or place in Europe belonging to his majesty, and which shall be on her voyage direct thereto; but these exceptions are not to be understood as exempting from capture or confiscation any vessels or goods which shall be liable thereto, in respect of having entered or departed from any port or place actually blockaded by his majesty's squadrons of ships of war or for being enemies property, or for any other cause than the contravention of this present order.
And the commanders of his majesty's ships of war and privateers, and other vessels acting under his majesty's commission, shall be, and are hereby instructed to warn every vessel which shall have commenced her voyage prior to any notice of this Order, and shall be destined to any port of France, or of her allies, or of any country at war with his majesty, or to any port or place from which the British flag as aforesaid is excluded, or to any colony belonging to his majesty's enemies, and which shall not have cleared out as is herein before allowed, to discontinue her voyage, and to proceed to some port or place in this kingdom, or to Gibraltar or Malta; and any vessel which after having been warned, or after a reasonable time shall have been afforded for the arrival of information of this his majesty's Order at any port or place from which she sailed, or which, after having notice of this Order, shall be found in the prosecution of any voyage contrary to the restrictions contained in this Order, shall be captured, and, together with her cargo, condemned as lawful prize to the captors.
And whereas countries not engaged in war, have acquired in these orders of France, prohibiting all trade in any articles the produce or manufacture of his majesty's dominions; and the merchants of those countries have given countenance and effect to those prohibitions, by accepting from persons styling themselves commercial agents of the enemy, resident at neutral ports, certain documents, termed "Certificates of Origin," being certificates obtained at the ports of shipment, declaring that the articles of the cargo are not of the produce or manufacture of his majesty's dominions, or to that effect.
And whereas this expedient has been directed by France, and submitted to by such merchants, as part of the new system of warfare directed against the trade of this kingdom, and as the most effectual instrument of accomplishing the same, and it is therefore essentially necessary to resist it.
His Majesty is therefore pleased, by and with the advice of his privy council, to order, and it is hereby ordered, that if any vessel, after reasonable time, shall have been afforded for receiving notice of this his majesty's order at the port or place from which such vessel shall have cleared, out shall be found carrying any such certificate or document as aforesaid, or any document referring to, or authenticating the same, such vessel shall be adjudged lawful prize to the captor, together with the goods laden thereon, belonging to the person or persons by whom, or on whose behalf, any such document was put on board.
And the right honorable the Lords Commissioners of his majesty's treasury, his majesty's principal Secretaries of State, the Lords Commissioners of the Admiralty, and the judges of the High Court of Admiralty and Courts of Vice Admiralty are to take the necessary measures herein, as to them shall respectively appertain.
W. TAWKENEH.
Philadelphia, Jan. 18.
On Saturday last a large number of Seamen paraded with the flag of the United States to the City Hall, in order to claim the protection of the corporation, in consequence of being destitute of support, by reason of the Embargo. A committee chosen out of their number entered the Mayor's office, and stated the hardships and difficulties to which they were subjected, and to use their own expressions "wished to know what was to be done." The mayor listened to them with his customary patience, and then informed them that it was not in his power to grant relief, adding, with becoming firmness, that the assembly was an improper one and commanded the flag to be taken down; to this order they paid implicit obedience. The majesty of the laws having been thus respected and maintained, the mayor went to the steps in front of the Hall, and addressed the Sailors nearly as follows:
"MY LADS, "I pity you to the bottom of my heart—I know that yours is a hard case, but the government have deemed this measure to be a proper one, and it is your duty to obey the law—I respect your services to our country—I well know how necessary you are to our commercial and naval prosperity, to collect in this manner is not proper—You must be sensible of it. The Chamber of Commerce have taken your situation into notice, and a committee is appointed to afford you relief—to them in a respectful manner I advise you to apply, and may GOD bless you all!"
The honest Tars then gave three cheers and departed.
Norfolk, Jan. 13.
Sr. Croix and St. Thomas taken by the British. —Capt. Powers of the brig Nancy, from Grenada, informs us that he passed the west end of Saint Croix, the 26th of the last month, when he saw the British ships of war at anchor. Yesterday near the capes, he spoke the schooner Philip, Bingham, 17 days out from Barbadoes, bound to Alexandria. Capt. Bingham informed that before he sailed, advices had been received that the islands of St. Croix and St. Thomas had been taken.
Capt. Johnson, arrived in Hampton Roads, in 17 days from Martinique, informs that on the 18th of December, two frigates arrived from France with 500 troops, which they landed and sailed on the 26th of the same month, supposed for France. An embargo was laid from the time of the arrival of the above frigates, until they sailed again, when it was raised. On the 31st of December, in lat. 21, lon. 64, capt. Johnson was boarded by an officer from the British sloop of war Melville, and treated with great politeness. This officer informed that admiral Cochrane took possession of St. Croix and St. Thomas on the 25th December.
COLUMBIAN LIBRARY. The Shareholders in the Columbian Library, who have not paid the annual contribution which became due on the 1st inst. will be requested that their shares will be forfeited, if payment is not made before the 1st day of February next.
DAVID WILEY, Treasurer. George Town, Columbia Jan. 22—1808

Continued from first page. was no dispute about the facts; he never heard any body deny, that the Legislature of Georgia which passed the law, was corrupt—no person had denied it; and on this the whole claim turned. That the Legislature of Georgia had been corrupt, and that the corruption had spread into some of the large towns he did believe. He should vote, as he stated before, for a commitment to a committee of the whole House; although he should certainly have voted against its reference to any committee to report.
Mr. CROWNSHIELD said he rose with reluctance at this time, and should not have risen at all, had not the debate taken the course which it had. The respectable state of Massachusetts, inferior to none in the Union, had asked of this body, respectfully too, to hear and decide upon claims of her citizens: she had asked them to hear the petition of her citizens, by a memorial which was unanimously agreed to by both branches of the Legislature—and this had been proposed to be rejected by two gentlemen from Georgia. Would any member from the state of Massachusetts have proposed this course with regard to a memorial from the state of Georgia? Surely not. He regretted that this business had been brought before the House at this crisis. Without giving an opinion in favor of, or against the claim or prayer he would rather have referred it to a standing committee; because if referred to a committee of the whole, it might be brought to up to-day or to-morrow; and would agitate the public mind at this time. On the Philadelphia memorial he had voted that it should lie on the table, & not for its rejection; he never would vote to reject a petition coming from a respectable portion of citizens, at any time when couched in decent and respectful language. Some gentlemen had gone into the merits of the question, which was improper at this time: but as it had been touched, he would observe that the Legislature of Georgia in the year 1795 agreed to sell a portion of her territory to a portion of her citizens—corruptly it was said: In 1797 a succeeding Legislature declared the act of their predecessors null and void. Mr. C. did not object to this: in doing it they had exercised a sovereign authority and their right. Another Legislature authorised commissioners to compromise the claim; before which could take place, the land was ceded to the United States. If a compromise had been contemplated by Georgia, would it be dishonorable in the United States to allow those claims? He did not wish to say a single word on the merits of this claim, whether it was just or unjust; but the fraud was not in Massachusetts; if fraud had existed in the transaction, it was elsewhere. The speculation did not originate in Boston, or in any part of Massachusetts but at a greater distance. The agents of the Georgia association came into Massachusetts with their deed of cession in their hands. The citizens of Massachusetts believed the title to be good—they purchased, and were deceived. They lost a million of dollars, and those who could not pay were sent to jail. Such was the case in Massachusetts. The purchasers were he believed all ignorant of the fraud; possibly some might have known it, and therefore he would be perfectly willing to say by a compromise that no person directly or indirectly concerned in the original fraud should share any portion of these five millions of acres.
Mr. C. asked pardon of the House for deviating from the course which he had proposed to himself when he rose. He did not mean to enter into a discussion; it was an unpleasant theme, and had ever produced great irritation. One expression however had been dropped which he could not agree to—that this subject had been the cause of a schism in the republican party. Mr. C. said he knew of no such schism. He had been a member of this House four years & had never heard that this subject was a cause of division in the republican party; it never had been so considered & hoped it would not now. Are we not here, said he, legislating on a subject which cannot affect the politics of the nation? We stand on equal grounds as members of the Union of these states: let us act honorably towards each other, and not attribute to one another improper bias. I pledge myself that I never will willingly, and hope if I do I shall be ready to retract, descend to personality within these walls. For God's sake let us unite. Let no consideration divide us on the great subject which brought us together. Let the Yazoo speculation sleep. Let it lie on the table, or take it up and instantly decide on it: the House will never hear a murmur
of discontent from me if the petition be rejected. Let us do nothing which shall wound the feelings of any gentleman present. Let us do all we can for the good of our country. The crisis is perilous. We are threatened with war; and I fear we shall have it unless we rally round our rights, and let no consideration sever us!
Mr. LIVERMORE did not conceive that this was a question which ought to excite any animosity; neither did he understand what was said about a schism among the republicans. All he knew was, that these memorialists were many of them of different politics from himself, and that the legislature differed with him in political sentiments; but why that should be any reason for opposing this claim, or for treating it with disrespect, was to him inexplicable. As to the real merits of the question now before the House, whether this should go to a committee of the whole House or to some other committee, it was very evident that a respect was due to the memorialists & to the sovereignty of a state. There was another suggestion which merited some reply—that this was a claim founded in fraud. He apprehended that the gentleman from Georgia had not an idea that the present petitioners had any connection with fraud. Mr. L. said he had heard a great deal of fraudulent transactions in the legislature of Georgia in relation to a certain act, which participation in fraud was receded from by a repeal of that act. He knew nothing of it from his own knowledge, merely having had heard so; but that these gentlemen claimants were implicated in the fraud he did not know nor did he believe. Whether the claimants were republicans or called by a different name he did not know: this was a plain matter of right, and the justice or injustice of the claim was the only consideration which should influence gentlemen in voting on this question. If he understood the motion now under consideration, it was for reference to a committee of the whole, to enter into a dispassionate investigation; and a most violent objection was made to this. Was there indeed so great an objection to the truth? Was it so terrific that they were afraid of it? For all that was required was, to hear arguments to show on which side the truth lay.
One word more. It had been said by a gentleman for whom he had a high respect, but who was not perhaps always right, that the legislature had no right to send this memorial, though at the same time he allowed that it should be treated with respect. It had been said also that they were entitled to no more respect than they had sent it as individuals. Mr. L. conceived that whenever the legislature of any state thought that any portion of their citizens were oppressed, by any particular act of Congress, they had a right to express that sentiment. It was not now proposed to the House to grant the claim; all that was requested was, that the House should receive the petition, and enter into a consideration of it. This was not the time to discuss the merits of the claim. Had he conceived that a discussion was to have taken place, he should have come forward prepared for it.
Mr. SMILIE said it was immaterial to him how this petition was committed; but he rose to give his opinion on a remark made by the gentleman from Virginia (Mr. Randolph) as to a schism in the republican party. Mr. S. said he had known no schism in that party till the first session of the ninth Congress, and every gentleman who was then in Congress would testify to the truth of what he was about to say. This schism then arose in a discussion of the measures proper to be pursued by this nation in relation to Spain and in relation to G. Britain. This was its source; and in this case, said Mr. S. the party in Congress which is called federal, thought differently from me, & some republicans chose to think with them. This was the schism, and the only cause of it: And the Yazoo claim has never influenced a single vote for a member of any state legislature or of Congress, that I have heard of.
Mr. TAYLOR said he was decidedly opposed to the Yazoo claim as the gentleman from Georgia or any other gentleman could be; but he had laid it down as a general rule to vote for the reference of every petition, and he should abide by it.
Mr. COOK said that the impression on his mind was directly opposite to that expressed by the gentleman from S. Carolina just sat down. He should vote for a reference, because he was not acquainted with the merits of the question. He had been in favor of a reference at former sessions from the same cause, and he presumed that one half of the members present were in the same situation with himself.
Mr. ALEXANDER said he should give his decided negative to the reference in any shape. This memorial from the legislature requested the general government to consider a claim from a particular set of men which claim had been often before the House discussed over & over again. Therefore in voting against a reference to any committee, he should not conceive himself as showing disrespect to the sovereignty of any state whatever. He would wish it to lie on the table; for, however disagreeable a petition might be, he had never heard of its being thrown under the table. He conceived that the claim derived no additional solemnity from the manner in which it was introduced, although he had as high a respect for the state of Massachusetts as for any state in the union.
The question having been put on the reference of the memorial to a committee of the whole, was decided by yeas and nays as follows:
YEAS —Messrs. W. Alston, Bacon, Bard, Barker, Blackledge, Boyle, Carlton, Champion, Chandler, Chittenden, Clopton, Cook, Crowninshield, Cutts, Dana, Davenport, Deane, Durell, Elliot, Ely, Findley, Gardner, Green, Harris, Heister, Helms, Hoge, Holland, Howard, Humphreys, Imler, Jenkins, Johnson, Kirkpatrick, Lambert, Livermore, Mason, Marion, McCreery, Milner, T. Moore, Jer. Morrow, Mosely, Mumford, Pitken, Pugh, Quincy, Rea, (Penn.) M. Richards, Russell, Seaver, Sloan, Smilie, J. K. Smith, Southard, Stedman, Storer, Sturgis, Swart, Taggart, Taylor, Thomas, Thompson, Wham, Van Alstyne, Van Dyke, Van Rensselaer, Whitehill, Wilbour, M. Williams, and Withersell—71.
NAYS —Messrs. Alexander, Bassett, Bibb, Blount, Brown, Burwell, Butler, Calhoun, M. Clay, Cobb, Dawson, Desha, Franklin, Gardener, Gray, Holmes, Jones, Kenan, Lloyd, Love, Masters, N. R. Moore, Nelson, Newton, Nicholas, Randolph, J. Richards, Riker, Smelt, S. Smith, Stanford, Trigg, Troup, Van Horne, Wharton, Wilson, and Wion—37.
It was made the order of the day for the second Monday in February.
DOCTOR LANCASTER. INFORMS the Public, that he has commenced the practice of Medicine, in which line of business he offers his services to the Citizens of Washington and its vicinity—He hopes from the experience of several years practice, & punctual attendance, to give entire satisfaction to all who may honor him with their confidence. He has taken a house on the Pennsylvania avenue, adjoining the house formerly occupied by Dr. BENSON. January 6—6t
TWENTY-SIX VALUABLE NEGROES FOR SALE. ON Tuesday the 26th inst. will be sold at public sale to the highest bidder, at the dwelling plantation of the Miss Hoods, near the city of Annapolis, the above 26 negroes, consisting of men, women, boys and girls, which will be disposed of separately—one excellent black-smith that has his trade perfect, several handsome boys from 12 to 18 years of age, and girls that can be recommended as good house servants—some horses and other articles. The terms of sale is one half of the purchase money to be paid on the day of sale, and the balance a credit of six months will be given, the purchaser giving bond on interest with such security as I may approve of. No person from any of the southern states or their agents will be admitted to bid. Sale to commence at 11 o'clock and continue until all are sold by WM. WORTHINGTON, Sen. Acting for the Miss Hoods. Jan. 13—5t
NOTICE. A GENTLEMAN, unencumbered with a wife or family, of unexceptionable moral character and uniform exemplary deportment, who is qualified to teach the English Language, and the Rudiments of Mathematics, may find employment, in the capacity of private Tutor, by applying to the Rev. David Wiley, Georgetown, Columbia; or to ARMISTEAD T. MASON, Loudoun, Virginia. November 30—8w
TWO ELEGANT FORTEPIANOS. THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars. F. A. WAGLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
A GREAT BARGAIN. JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—HOUSES and Lots—Enquire as above. All kinds of STOCKS bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
WEISKOPFF AND KELLER, CONFECTIONERS. RESPECTFULLY inform the ladies and gentlemen of George Town and the city of Washington, that they can be supplied with every kind of CAKE, of the very first quality—Ornaments for Tables, of the most elegant form, and in the newest style. Ice Creams, Jellies of all kinds, on the shortest notice. They keep always on hand, Cordials of every kind, excellent in quality, and genuine, such as Noyeau, Orange, Raffia, &c. &c. High street, George Town, } November, 11—tf
PHILADELPHIA GRAND LOTTERY. HIGHEST PRIZE 10,000 DOLLARS. Authorised by an act of the Legislature of Pennsylvania. For the encouragement of USEFUL ARTS.
CASH PRIZES: 1 Prize of 10,000 dollars 10,000 2 do. of 5,000 — 10,000 5 do. of 1,000 — 5,000 10 do. of 500 — 5,000 10 do. of 200 — 2,000 40 do. of 100 — 4,000 100 do. of 50 — 5,000 200 do. of 20 — 4,000 500 do. of 10 — 5,000 1,000 do. to consist of machines for opening off cast worsted & open wrought woollen clothing into wool, valued at 100 dollars each, (patent right included) 100,000 1,000 do. to consist of rights for manufacturing ornamental mouldings for dwelling houses & shipping, valued at 50 dollars each, 50,000 Dollars 200,000
Subject to a deduction of 15 per cent. The most valuable cash prizes from 200 dollars and upwards, to be determined as follows: First drawn number on the first ten day's drawing, each Dolls. 200 First drawn number on the succeeding ten days, each 500 First drawn number on the succeeding five days, each 1,000 First drawn number on the succeeding two days, each 5,000 First drawn number on the last day's drawing 10,000 This lottery will positively commence drawing on the 23rd day of February next, and will be completed in 28 days at intervals, under the superintendence of gentlemen appointed by the Governor to whom approved security has been given, for the faithful drawing of the Lottery agreeably to the scheme. The numbering for the wheels has so far progressed, under the directions of Mr. James Oellers, as to justify fixing the day of drawing. The cash prizes will be paid at the bank in thirty days after the conclusion of the drawing, and the machines and composition rights delivered to order, on payment of the deduction as above. All prizes must be demanded in one year after the drawing, or they will be considered as forfeited after that time.
TICKETS at One Dollar and Fifty Cents each, to be had of James Oellers, No. 1, S. Third st. Leonard Keckhle, No. 79, N. Third street, Thomas Peters, No. 22, N. Second st. Thos. Bedwell, No. 178, N. Third st. Silas Willson, N. 341, N. Front st. John Shaw, No. 232, N. Second st. Charles Bittner, N. 11, Third st. Isaac Carpenter, No. 245, S. Second street, Daniel Miller, No. 427, N. Second st. And at the OFFICES of the Aurora and Freeman's Journal. The price of tickets will advance as the drawing progresses. Note—The purchaser or holder of every ticket, will be entitled to a valuable patent right for manufacturing Sago, Starch, and Hair Powder, from Potatoes, by a process entirely new, besides a chance of the many valuable cash prizes. Tickets for Sale at J. MARCH'S Book-store, Georgetown, and at the Book-store of R. C. WEIGHTMAN, Pennsylvania avenue, Washington city. January 8—1f1
FOR SALE. 10,000 ACRES OF LAND Situate on Elk River in Randolph county state of Virginia. A large portion of this land is fertile, of excellent quality, and is adapted to the growth of grain, grass and pasturage—it abounds with fine timber, large poplar, ash, sugar tree, &c. & is well watered. Birch river runs through it and affords many mill seats. Elk is a beautiful smooth deep river emptying into the Kenhawa, and Ohio, and may be navigated with large boats at any time, in the spring and fall, it abounds with every kind of Fish common to the Ohio. The whole or a part will be sold at a very reduced price for cash or exchanged for property in or near the city of Washington. For particulars apply to JOSEPH WHEATON, Com. Merchant & Broker. Washington city, Jan. 6—1m
LINDSAY'S HOTEL. The Subscriber has taken that well calculated house on the Capitol Hill. Late occupied by Mr. Frost formerly by Mr. Stelle—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant. GEO. W. LINDSAY. N.B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf.
NOTICE. THE subscriber having sold his entire stock of Goods in the month of March last, and having declined business in George-town, is now preparing to leave the District. All persons who have accounts against him will be pleased to render them for payment before the 20th of next month; and those indebted to him are earnestly requested to make payment before that time. JOHN MAFIT. Wanted to Purchase, FIFTY SHARES OF COLUMBIA BANK STOCK. Georgetown, Dec. 14—c.p. till Feb. 1.
For sale 35 Negroes, STOCK, plantation utensils, &c. at Hezekiah Wood's house, in the district of Columbia, and within one mile of the President's house. The sale will commence on the 25th inst. at 11 o'clock A. M. and the terms of sale made known on the day of sale. THOMAS PETER and others, ex'rs of Robt. Peter, deceased. Jan. 13—ts.
ALSO For Sale 150 Negroes, Together with stock, plantation utensils, &c. on the first day of February next, at Anthony Tracey's House, in Montgomery, and within two miles of Messrs. Bowie and Hersey's Mill, Seneca. The terms of sale will be made known on the day of sale. THOMAS PETER & others, Ex'rs. of Robert Peter, deceased. Jan. 13—ts.
ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz. 30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assortment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—tf
Proposals for carrying the Mails of the United States on the following post-roads, will be received at the General Post-Office until the 14th day of February next.
1. From Fredericksburg by Orange c h, Milton & Charlottesville to New York once a week. Leave Fredericksburg every Wednesday at 8 p m, & arrive at Charlottesville on Friday by 6 a m—Leave Charlottesville at 7 a m and arrive at New York by 11 a m—Leave New York every Friday at 1 p m, arrive at Charlottesville by 5 p m and arrive at Fredericksburg on Sunday by 10 p m. 2. From New York by Wanesboro' to Staunton once a week. Leave Staunton every Friday at 6 a m and arrive at New York by 11 a m. Leave New York every Friday at 1 p m and arrive at Staunton by 6 p m. 3. From Richmond by Goodland c h, Columbia, Rising Sun and Milton to Charlottesville once a week. Leave Richmond every Tuesday at 1 p m and arrive at Charlottesville on Thursday by 6 p m—Leave Charlottesville every Saturday at 5 a m, and arrive at Richmond on Monday by 11 a m. 4. From Lancaster by Elizabethtown, Middletown, Harrisburg, Carlisle and Shippensburg to Chambersburg 3 times a week—Leave Lancaster every Monday, Wednesday & Friday at 4 p m, & arrive at Chambersburg on Tuesday, Thursday, and Saturday by 10 p m—Leave Chambersburg every Tuesday, Thursday, and Saturday at 2 a m, and arrive at Lancaster by 12 p m. 5. From Chambersburg by McConnells town, Bedford, Somerset & Greensburg to Pittsburg three times a week. Leave Chambersburg every Monday, Wednesday and Friday at 5 a m, arrive at Somerset on Tuesday, Thursday and Saturday by 9 p m, and arrive at Pittsburg on Thursday, Saturday & Tuesday by 10 a m—Returning, Leave Pittsburg every Tuesday, Thursday and Saturday at 2 p m and arrive at Chambersburg the next Friday, Monday and Wednesday by 8 p m.
NOTES. 1. The contracts for the three first mentioned routes are to be in operation on the 1st day of April next, & so continue in force one year. Contracts for the two last routes are to be in operation on the 1st day of July next and continue until the 30th of September 1809. 2d. The contractor will be subjected to the usual penalties for delays and failures, which will be specified in the contracts.
GIDEON GRANGER, Post-master-general. General Post-Office, Dec. 18—1f14
BURAS AND BELL. WOOLLEN drapers, men's mercers, and tailors, New-Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality. N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch. October 23—tf.
CHARLES H. VARDEA, MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia,
A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coatings, black silk Florentines. Likewise an elegant assortment of Spaniels and rich silk Molskins for Waistcoats with a variety of other articles suitable for the season. Regimentals and Navy Uniforms made in the most elegant and uniform style of fashion. Richard Horwell's celebrated patent parallel SUSPENDERS far superior to any hitherto in use can be had on the same terms retail, as at his manufactory. Four or five good Journeymen wanted, who will find constant employ. November 27—tf