The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-01-27 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1157
FIVE DOLLARS PER ANNUM,
WEDNESDAY, JANUARY 27, 1808.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE.
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. BURNELL's motion for calling on Mr. Randolph and Mr. Clark for information being yet under consideration.
Mr. SMILIE said that it was a little strange, after all that had been heard in the House, that gentlemen would persist in treating this subject as though there were persons in the House averse to an enquiry. He had not heard from any man in the House a sentiment of that kind; and he was sure that there was not a man in the House more anxious for such an enquiry than he was himself; for he was certain, from the present situation of affairs, that an enquiry must be had. He had heard doctrines today from other gentlemen which he had heard at other times from the gentleman from New-York, (Mr. Gardenier) and he was not a little surprised at the opinion advanced by the gentleman from Kentucky (Mr. Rowan) that there were no limits to the power of the House but the public good. We are asked, said Mr. S. are we to suffer our country to be ruined because we will not step forward and relieve it? Great God! Is it possible that we have forgot that we act under a limited government!
The gentleman had contended that they did possess such power. Mr. S. was in hopes, while the gentleman was up, that he would have laid his finger on some part of the constitution by which he could support his assertion. The gentleman supposed that a power existed in this House to take the matters belonging to the superintendence of other departments into its own hands. Where did these powers exist? The gentleman had shown no authority to prove it. It was impossible that any government could exist in such a situation. Was the gentleman aware how far his own doctrine would go? Was he not aware that if corruption was probable, it might exist in the legislative branch of government as well as any other? Had it not been the case in other governments? Had they not seen the Senate of an European nation (Sweden) the sport of British and French gold? Had they not seen a legislature of one of those states so corrupt, that but one man was found of integrity sufficient to resist bribery? And might it not be the case in this as well as in any other legislature? Every branch of this government was responsible to the people, and the constitution had provided the regular mode in which their conduct was to be called in question, judged and punished; and in that mode and in that alone could they act. Give up the principle, said he, that any one part of the government can take a range not warranted by the Constitution, and I can see no safety to any man. When I mentioned the Habeas Corpus, I mentioned it to shew how tender the convention had been of the rights of individuals, and not for the purpose which the gentleman had supposed; the friends of Mr. Burr might feel this great sensibility, but no others could. In saying so, he did not mean to allude to any gentleman within these walls. These officers of the government who departed from the line of the constitution were responsible to the government, and if they could not show that the step which they took was absolutely and imperatively required for the safety of the country, let them suffer.
As the gentleman had gone into suppositions, Mr. S. would also mention a case. Suppose this House was so corrupt that a majority of them was pensioned by foreign nations, and were to refuse supplies in time of need. Where was the remedy? Could any other department as a department interfere to correct the House of Representatives? The gentleman would not say this he presumed. If then no other department said Mr. S. has a right to interfere with this House; we certainly have no right to interfere with the functions of the Executive or any other department of the government.
Why should they take this blind step? Had any gentleman pretended to say that the President, whose province it was to take cognizance of the conduct of the officers whom he had appointed, had neglected his duty? The gentleman from Kentucky indeed has insinuated, said he, that the court of enquiry will not do its duty, and therefore we ought to appoint a court; I cannot understand the gentleman's observations in any other way. I never heard such a doctrine before advanced; I believe the longer the subject is considered, and the farther we go into it, the more we shall see the danger of this doctrine: if the House has a power to throw its weight into a prosecution against an individual there is no safety for any man in the country. I cannot see what may be my own fate, for I have been accused on this floor as holding the same language as a French agent. Well, let any man bring forward a few letters and papers, call them important information, and institute an enquiry—what will become of me? I might be expelled, have the whole nation prejudiced against me by the inflammatory speeches against my character, and then turned over to a prosecution in a court of justice to be punished. This would be my situation; and although perfectly innocent, I might suffer, from the prejudice, against me in consequence of the proceedings of the House. When I mention this possibility, it is necessary for me, though it has certainly nothing to do with the question at present under discussion, yet in justice to my own character, to state what I had said to elicit this aspersion. The observation was—that as Great Britain was distressing us beyond measure, claiming rights contrary to the law of nations, the absolute dominion of the sea, the effects of which we all knew; and, that as France was contending for the freedom of the seas, these two nations were at least entitled to equal justice from us. This was the expression, and the House will judge whether any thing which I said would warrant such an observation.
There is nothing I more earnestly wish, than that the gentleman will give me an opportunity in the presence of this House, to compare my public character with his; and I will ask but two years of his political life upon which to make my observations, and I will lay open to him the whole of my political conduct, and subject it to his scrutiny, and it will then be seen which of us has evinced the strongest attachment to any foreign nation.
Mr. ROWAN said, as to the charge of Burrism, the measures which he had taken in the western country to suppress it were well known; and it was also known that he had refused the offer of a large sum to defend Burr on his trial there; he could not therefore be charged with being under the influence of Burrism. Neither had he urged that this House had an unlimited or unbounded power; he had urged the power of enquiry as incidental to that provision of the constitution which gave this House the exclusive control as to raising armies and making war. He was as great an enemy as any gentleman to dragging in the departments; and was not unapprized of the deference due from one department to the other; but should be extremely sorry if a department in which he was concerned should neglect such an important enquiry.
For one power to pension the commander in chief of another, was known to be cause for war. It was stated that Spain had pensioned the commander in chief of the American army. It remained therefore for this House to say whether Spain had done an act which was cause for war; and from the general constitutional provisions therefore proper to enquire, and on that ground they had power to make the enquiry.
It seemed to him important that an enquiry should be made at this time. It was generally supposed, that we were on the eve of a war with France and Spain, or with Great Britain, in case of which it would be necessary to increase the army. The commander in chief was said to be corrupt. Would the House vote money to support an army to serve under a commander under this imputation? Should the best blood of the nation be hazarded by such a circumstance as this? All
their preparations for defence were unnecessary except they ascertained his fidelity or defection. Mr. R. did not mean to say that this man was guilty; he might be innocent: but notorious facts spoke strongly against him. It seemed astonishing that an enquiry had not heretofore been made. A court of enquiry was indeed now ordered: he did not know what might be the power of this tribunal, or how it might be disposed; but the suggestion of the gentleman from Virginia, as to its being composed of subaltern officers, had great weight on his mind. He was therefore not for confining the power of making enquiry to any particular department, but he was for deducing from the fitness of things a power in this House to make the enquiry.
Mr. WITHERELL had not heard any reluctance expressed on any side of the House to an enquiry into the character of the person implicated in the resolution, and he would not suffer himself to doubt of it. The only difficulty seemed to be as to what course was proper to be pursued. The different constructions of the constitution seemed to have distracted the House as to what course ought to be pursued on the one hand or on the other. In a debate on a former day the House were informed that a court had been instituted for the purpose contemplated by the resolution. If they all believed that an enquiry ought to be made, the question was narrowed down to a single point, whether the President, in ordering this enquiry, had gone out of his course? Perhaps this House had better pursue this business and send notice to the President that he had stepped out of his course, and that they would take it up. After a recurrence to the experience of every man who had ever snapt a pistol, or bitten the end of a cartridge, he would submit to their good sense to whose province this enquiry most properly belonged; whether to the Executive or to this branch of the government. If it belonged of right to the Executive all that they had to do, was, to say that they had been mistaken, and were happy to find themselves superceded by the proper branch. He did not believe, after the long and spirited debate which had taken place, that any other decision could be given. He should be satisfied, however, if they could here stop the subject, of which he did not believe they ever had cognizance. He should therefore vote against this resolution and against every other proposition on the subject, believing that every department of the government should act within its own jurisdiction.
Mr. RHEA, Ten. said if he understood the gentleman from Kentucky correctly, he had said that it was cause for war, for one power to corrupt the commander in chief of another. Mr. R. observed that when he was up before on this subject he had stated what he knew to be correct—that Wilkinson was created a brig. gen. under gen. Washington, and appointed commander in chief under President Adams. This pension was charged to have been received during the administration of Washington: of course gen. W. was not commander in chief, but gen. Wayne was. As the whole argument of the gentleman from Kentucky in favor of the power of this House was bottomed upon the pension's having been given to the commander in chief, Mr. R. just suggested this fact as a complete answer.
The question having been put on the resolution calling upon Messrs. Randolph and Clark for information, was then decided by Yeas and Nays as follows:
YEAS—Messrs. W. Alston, Bassett, Bibb, Blount, Boyle, Burwell, Butler, J. Campbell, Carlton, Champlin, Chittenden, M. Clay, Cobb, Crowninshield, Cutts, Davenport, Dawson, Deane, Desha, Durell, Elliott, Ely, Fisk, Franklin, Gardenier, Gardner, Garnett, Goldsborough, Gray, Green, Harris, Helms, Hoge, Holmes, Howard, Humphreys, Jenkins, Johnson, Jones, Kenan, Kirkpatrick, Lewis, Livermore, Lloyd, Love, Lyon, Macon, Masters, McCreery, Milnor, D. Montgomery, N. R. Moore, T. Moore, Jer. Morrow, Mosely, Mumford, Newton, Pitkin Porter, Quincy, Randolph, Rea, Pen. J. Richards, Riker, Russell, Seaver, Smelt, Smilie, S. Smith, J. Smith, Southard, Stanford, Sturges, Swart, Taggart, Taylor, Thomas, Thompson, Trigg,
Troup, Upham, Van Allen, Van Dyke, Van Horne, Van Rensselaer, Wharton, Wilbour, M. Williams, Wilson, and Winn—90.
NAYS—Messrs. Bacon, Barker, Brown, Calhoun, Findley, Heister, Holland, Isley, Lambert, Marion, Nelson, Pugh, Rhea, Ten. M. Richards, Rowan, Sloan, J. K. Smith, Whitehill, and Witherell—19.
FRIDAY, JANUARY 8.
This morning Mr. RANDOLPH laid on the table the documents which he had read.
Mr. RANDOLPH having called up his resolution.
Mr. FINDLEY said, that a few days ago when the enquiry into the causes of the failure of Gen. St. Clair's expedition in 1791, was introduced as a precedent for this case, he being one of the committee of enquiry on that case and alluded to, he had stated that it had no bearing on it as a precedent; that the resolution by which that committee was raised did not charge blame on the general, nor any other person concerned; that it was a measure of policy. The complete failure of that expedition had occasioned general discontent, and numerous paper publications, complaining of the failure of contractors, to do their duty, of the want of provisions, of the delay and insufficiency of the military apparatus, badness of gun powder, undue delay of sending money, &c. The committee sat till near the end of the session, and reported various causes that contributed to the failure of the expedition, but no specific charge against any person, but the statement of facts went to exculpate the general from blame. The House took no order on that report.
During the next session, at the request of the Secretary of War, and Commissary of Military Stores, who thought the statements of the former report bore hard on that department, the subject was referred again to a select committee, consisting chiefly of the same members, who made a report of facts nearly similar to the former, with some additions, accompanied by a great amount of testimony, and a statement at large by the parties, which yet remains sealed up in a large box, which, it is believed, has never been opened, nor was any order taken on it, nor use made of it, except for information to satisfy the public mind, and to determine Congress to change the plan of Indian warfare, which it is well known they did do, by raising a more numerous and permanent army, and providing more effectually for its supply. So far was stated on a former day, but not published.
Mr. F. said that the above had been stated from recollection, but that since that time he had examined the journals, by which it not only appeared that it was not only no precedent in favor of the question before the House, but decidedly against it. He said, however, that he would not have bro't this into view if it had not been again yesterday introduced by the mover of the resolution, (Mr. Randolph) as a precedent, and the only one in favor of the extraordinary attempt.
Mr. F. said that from a review of the journals, it appears that a resolution was offered for requesting the President to institute an enquiry into the causes of the late defeat of the army under the command of major general St. Clair, and also into the causes of detentions or delays which were suggested to have attended the money, cloathing, provisions and military stores, for the use of the said army, and into such other causes as may in any manner have been productive of the said defeat. Though this resolution made no charge on any officer, yet as it seemed to imply a censure on the President, as if he had neglected to enquire, or do his duty, the question was divided; that part which referred to the President was rejected by a great majority, and the resolution thus altered referred to a committee, not accompanied with a charge against any man's character, but merely to obtain such information as might be of use to Congress in organising a new army and plan of operations, and satisfying the public mind, by a candid and open statement of facts, and it had this salutary effect, but an attempt to call on the President, as has been stated, was rejected. Therefore every circumstance in this transaction bears forcibly against its irregular attempt.
Mr. F. said that a request from the legislature to the executive was always understood to be a command, the only command that could be given by any branch of the legislature. It is true that this House has no power or means of compelling the President to obey. It is however a sufficient means of inducing the citizens to believe that the President has neglected to do his duty, and thus of impairing public confidence in the executive department. It is known that the President has instituted the enquiry desired. Is it then necessary to request, that is to say, to command the President to do what he is actually employed in doing.
Mr. F. said he was at first astonished at the diversity of opinion that appeared among the members on this subject, that they did not at once discern, that the subject did not, nor could not constitutionally come before the House, that they did not consider that if the most numerous branch of the legislature assumed, not to say, usurped the power of denouncing the character of individuals, whether officers or others, and of holding an inquisition on them, and usurping the constitutional discretion of the executive, for which that branch alone and not this House, was responsible, it would at all times put it in the power of a revengeful and popular leader, by the influence of solemn quimace and alarms of danger, and eloquent expressions of zeal for the public good, to degrade even this honorable House by making it the instrument of gratifying his private enmities, of spreading terror around him, and depressing whom he pleased to a station of infamy, to be inclined on his family, without the hope of relief. What hope can that man have of an impartial trial by a jury or a court martial who has been condemned, or whose character has been even implicated by the vote of so respectable a body as the House of Representatives of the United States? Shall this honorable House throw its weight into the scale of prepossessions against an individual whom they knew at his own request, is arraigned to stand his trial before the proper, the constitutional tribunal! No, this is not possible, they cannot do it by vote, they have no such power, but they can do it by declamation, of this opportunity some of them have taken sufficient, but malevolent advantage.
Mr. F. said, that on reflection his first astonishment had abated, when he considered that the constitutions of the seventeen states, though all of them republican, had shades of difference; that some of them had vested large portions of executive power in the legislative branch, he could easily conceive that they had brought to Congress the impressions made on their minds by their own state governments, he had long found that to be the case in committees, he would not now attempt to explain or argue from the constitutional principles, this having been so fully explained by those who had spoken before from different states, by his colleague (Mr. Smilie) and others; but he would conclude his observations by assuring the House that what he had advanced was not an ideal theory, that such things had often taken place in different states, but that he would confine himself to the state he had the honor to represent in part.
In that state while it was a colony, like most other colonies, a foreign governor, himself under foreign control, had a negative over all the acts of the legislature, this of course rendered all the encroachments of the legislature on the Executive popular. When the independent constitution of Pennsylvania was framed, it gave the legislature no such power, but it did not sufficiently restrain it, because it did not sufficiently anticipate the deviations it might make. These deviations after the conclusion of the revolutionary war when other men came into place, became numerous, but of numerous examples he would detain the House with mentioning only one. The Secretary of the commonwealth, the first Secretary under the independent government, a member of Congress under the confederation, &c. was unmasked as a General Wilkinson is now, declared a public enemy, unworthy of public confidence, &c. and as a matter of fact.
(Continued on last page.)

CONGRESS.
HOUSE OF REPRESENTATIVES.
Monday, Jan. 25.
The annual report was received from the Department of State of the Clerks employed, with their respective salaries. Referred to the committee of Ways and Means.
A report from the Department of War on the same subject, was also referred to the committee of Ways and Means.
Mr. Newton from the committee of Commerce and Manufactures, made a report unfavorable to the memorial of the first and second chambers of the council of the city of Washington, stating that the fees of the collector of the port of Georgetown, at present including Washington, do not sufficiently compensate him, inasmuch as he now receives 200 dollars annually in addition from the public treasury; for which reason they have thought the prayer for the establishment of a port of entry at Washington, unreasonable. Ordered to lie on the table, 46 to 36.
Mr. Chandler said, he wished to propose a resolution relating to the pay and emoluments of the militia of the U. S. when called into actual service. The law at present existing on this subject provided that the pay and clothing of the militia when called into actual service should be the same as that of the regular army. In the laws relative to the regular army, the U. S. having in their pay no officer higher in rank than a Brigadier General, there was no provision for compensation of a Major General when called into service, or for a brigade inspector or quarter master general. He therefore moved the following resolution, which was adopted, and Messrs. Chandler, Tailmadge, J. Smith, Blount and Desha appointed the committee.
Resolved, That a committee be appointed to enquire whether any, and if any what alterations are necessary to be made in the law providing for the pay and clothing of the militia of the U. S. when called into actual service, and that they have leave to report by bill or otherwise.
Mr. G. W. Campbell, from the committee of Ways and Means reported a bill making appropriations for the support of the Navy of the United States during the year 1825. Twice read and referred to a committee of the whole.
Mr. Dawson, from the committee to whom the resolution on the subject had been referred, reported a bill authorising the President to employ an additional number of seamen in the service of the U. S. Read twice and referred to a committee of the whole.
Mr. Dawson said, he need not impress upon the House the necessity of a speedy passage of this bill, as there were many seamen now out of employ, and several gun-boats as yet unmanned; he therefore moved that it be made the order of the day for this day. The motion was seconded by Mr. Newton. Agreed to, nem. con.
On motion of Mr. Dawson, the further consideration of the bill for classing of the militia was postponed; and the House went into a committee of the whole, Ayes 72, Mr. J. Richards in the chair, on the bill this day reported authorising the employment of an additional number of seamen.
A letter was offered from the Secretary of the Navy, and read, stating that the whole number of seamen authorised by law amounts to 1425; that 1272 are required in addition to the present establishment.
The blank in the bill for the number to be employed was then filled with 1272, without a division.
The bill was gone through, and the question put that the committee rise and report it.
Mr. Mason. It may be necessary to raise these men; but there is a principle contained in this bill to which I can never consent. It gives the President a discretionary power; he may or may not raise these seamen as he pleases. I object to it on another ground; it is a partial bill. I always consider the President as required to put such a law as this into operation when he is authorised to do it; and I wish the law to be expressive of the intention.
Mr. Chandler. I have no objection to leave the President to raise these men according to the exigency of the times; but I object to their being continued in service for a longer time than until the next session of Congress. They should be continued in service as long as the exigency of the case may require, or till the end of the next session of Congress.
Mr. Newton differed with the gentleman from North Carolina on this subject; as the same phraseology had been established in the laws heretofore passed on this subject.
Mr. Dawson. I am not scrupulous
as to the particular form; nor is it material; my object is to procure seamen at this particular moment. The committee did not consider the employment of these men as an addition to the peace establishment of the U. States, as the gentleman from North Carolina seemed to consider it. If the gentleman wishes to add them to the Naval establishment of the U. States, his motion might be necessary; but the opinion of the committee was different; they considered it as a war measure.
Mr. Macon. There is not the least fear that I shall ever wish to increase our naval establishment. Every body knows that I am opposed to the navy; I am not afraid of being called a navy man. I am aware that this phraseology has been used in former laws; it originated with the twelve regiments. I was then opposed to it and have been ever since, and ever shall be. I am for giving to each department its proper share of responsibility. To prevent this from being considered as a part of the peace establishment if my amendment takes place, it will be easy to say at the end of the bill that it is a war measure. My objection is to the putting that responsibility on the President which belongs to another department of the government. Every President may raise this number of men under the law; I cannot tell what may happen. I do not want a naval establishment; but I am opposed to giving to the President the power of raising an army of marines or of any description whatever, with a discretionary power to raise them or not. I wish to say absolutely that they shall or shall not be raised; and that Congress may say whether or not the public exigency requires their service. This discretion is what I have always thought wrong; and no argument has ever convinced my mind to the contrary.
Mr. Dana. The argument of the gentleman from North Carolina might have answered several years back much better than at the present time; such arguments were then used. For several years past, however, such arguments have not been urged according to former practice, when it was very strenuously urged that a discretionary power should not be vested in the President of the U. S. The gentleman was pretty correct about the origin of the practice; but really it has been confirmed so often since, that it has now received the strongest sanctions. I think I have heard the gentleman himself lay it down as a correct principle, that two decisions form a precedent in any case. Since 1801, there have been more than two decisions on this point: so that the gentleman must consider it correct in practice if not in theory. When we come to examine the subject, we shall find it to be correct on principle. If it be decided by the legislature that certain troops shall be raised, it is either decided that under present circumstances they may be raised, or that under a certain contingency they may be raised. The execution of such law is necessarily committed to the Executive authority. It is a fair exercise of our powers to say that such a thing shall be done under such circumstances, and whenever an authority is given it is in this discretionary manner. We give the President a full power to carry the law into effect or abstain from it, if he chuses. In many cases it might not be proper to say that the President should or should not abstain from the execution of the law. Every species of military or naval force is but an instrument for executing the laws; the authority given to the President in this case is not a general delegation of power, but merely entrusting him with an instrument for the execution of our general system of laws; for by the constitution he is authorised to take care that the laws be executed by peaceable means if they can; but if not, by forcible means. The whole force of the nation is sometimes necessary for the execution of the laws; we therefore place at the disposal of the President the whole force of the country, at the same time saying that if he does not want the whole, he may abstain from using it, or take but a part. It is well known that we have given the President authority even to suspend laws. For instance the non-importation law, over which we have stumbled so often—even this law the President of the U. S. was authorised to suspend the moment we passed it.
Mr. Macon. One word in reply. I think it very likely that I may have stated what the gentleman has ascribed to me, that I consider two decisions as forming a precedent. That its true as to ordinary matters, but never on a constitutional question. The passage of twenty sedition laws would not convince me that it was a constitutional exercise of power to pass such laws; nor, I suppose, if we were to repeal twenty judiciary laws, would the gentleman from Connecticut allow
that we acted constitutionally in so doing. Precedent cannot affect the construction of the constitution. I have no expectation that this force is intended to effect the execution of the laws; such an argument would be as well applied to a standing army of 100,000 men or to a navy of fifty ships of the line, as to these twelve hundred sailors. This is a subject on which I have often stated my opinion, and I may also tell gentlemen that I never have found a majority of the same opinion with myself on this point; but as often as a measure of this kind comes before us, so often shall I make a similar motion till I succeed.
Mr. Dana. I am very glad that I referred to the opinion of the gentleman from North Carolina, for the sake of the nice though just distinction he has made, though I do not recollect that the gentleman's definition of precedent occurred on a constitutional question; but on the subject of claims; for on that subject the gentleman is peculiarly orthodox. It is competent for any gentleman to call in question the constitutionality of a measure; though I rather think the gentleman must have now the misfortune of being in the minority. Of late he has generally been in the majority, and I in the minority; but now the practice is coming round to its former standard, and I shall be in the majority, and he in the minority.
Mr. Smith. This is a subject which has heretofore been warmly agitated. Taking the subject as it presents itself, I think one reason why discretionary powers ought to be vested in some instances in Executive officers, is that legislatures cannot foresee what events may arise during the time of their recess. Would it be better for the people and the country to pass this law absolutely, that these seamen shall be raised, when we do not know the circumstances which may arise, or that the situation of our country may be such as to render such a force necessary. Would it not be subjecting the Treasury to an unwarrantable diminution if they should prove not to be necessary? On the other hand may it not be necessary for them to be raised while the legislature is not in session? I should be sorry, if there were no necessity, that they should be raised; if there were a necessity, I should regret that they were not raised. The constitution does not restrict us on this point, or contain any provision one way or the other; but in point of economy and safety, the measure should be placed at the discretion of the President.
Mr. Lyon said he expected to be in the minority on this question, as he had all along been on the subject of complimenting the President with the powers vested in Congress. The constitution had placed the power in Congress of declaring war, raising and supporting armies, and providing for the maintaining a navy; he had under the former administration opposed the relinquishment of those powers to the President on constitutional ground. The republicans universally opposed the relinquishment—he saw, and lamented to see a strong disposition in the republican majority of the present House, to yield those powers particularly delegated to Congress, and to compliment the Executive department of the government, as he ever did in the Federal majority, under the former administration. This he considered as another proof among the many he had seen, that power makes men Tories. Majorities will have an idol, to whom they will pay their adulation. But why do gentlemen contend for paying this compliment of their constitutional powers at this time, when there was the most evident necessity for employing the seamen contemplated by the bill. If there was no other reason, he should be disposed to employ them during the time of the embargo, to keep them from going to Nova Scotia, to get into the British service.
Mr. L. did not blame the Federalists for adhering to their old principles. The gentleman from Connecticut had felicitated himself in having a majority under the former administration on these questions, and exulted in being now in the majority. This was not to be wondered at, but said Mr. L. it does not sit very well on my mind to see gentlemen with whom I formerly voted on this great constitutional principle, turning their back upon their old arguments and principles. I want to see gentlemen stick to their text in fair weather as well as in foul.
Mr. Cook said that in many cases a limited discretion must devolve upon the Executive. In many cases he had voted for vesting discretionary powers, and in no case had they been exceeded. The reason why he seconded the motion of the gentleman from North Carolina was, that there was an immediate necessity for raising these men, not only to guard and protect the country, but to em-
ploy so many men now out of service; it was not necessary that he should here say any thing of the state of the minds of those men which was such as to make it necessary that they should be employed.
Mr. Holland. The present question is to raise men for manning the gun-boats as I understand it. We have this very session passed a law giving the President a discretionary power to build gun-boats; if the erection of the gun-boats is at his discretion, certainly the raising of men to man them should also be discretionary.
The amendment proposed by Mr. Macon was now negatived by a considerable majority.
Mr. Chandler moved to strike out the words at the end of the bill and insert "and may be continued in service till the end of the next session of Congress if the public exigency may require the same."
Mr. Rhea (T.) called for a division of the question taking it first on striking out.
The question being so taken, was negatived.
Mr. Taylor asked the chairman of the committee whether there were not in the statute book regulations for the employment of these seamen? He thought the government should be authorized to employ these seamen not only on board gun-boats or other vessels, but to aid in the erection of fortifications, or in other business. He believed, unless some rule were now adopted, that they could only be employed in the line of duty as seamen. In some of the seaport towns the public authorities had employed seamen in other business than the mere service of the sea.
Mr. Dawson said these seamen were intended to be placed in the same situation as other seamen of the U. States. If the gentleman wished to render them liable to do duty other than on board of ships, he might bring in a bill for the purpose of amending the present naval system.
The committee then rose and reported the bill as amended.
The question being put on concurring with the report of the committee of the whole for filling the blank with 1272,
Mr. Burwell hoped the House would disagree to the number reported by the committee. He had heard nothing from the chairman of the committee or the gentlemen who had spoken on the subject, to prove to his mind that this number was necessary. The gentleman had talked about giving them employment and subsistence, as they suffered materially from the embargo. Mr. B. said it was the same with every class of citizens, and as the necessity of the case had required the adoption of the measure, it ought to affect all equally. They should not employ these men merely for the sake of employing them, because they could find occupation in various other modes. The gentleman from S. Carolina had mentioned that these men should be employed in throwing up fortifications. Mr. B said whoever knew the life of a seaman, must know at once that this was not the class of men to be employed in this way. If it were necessary, one million of dollars had been already appropriated, and government would employ such men in the accomplishment of the end as would be the most proper. He could not subscribe to the doctrine that they were to relieve this particular class of men, because they might suffer by the embargo. All must suffer, but they not more than others. If the gentleman who had introduced the bill would show that this number of seamen were necessary in addition to the present number, he would vote for the bill; but until the gun-boats were built he saw no reason for employing such an additional number. With respect to the employment of seamen, all the corporations in the different seaport towns had shown a disposition to provide for them, and to ameliorate their condition. He did not believe that in the five or six weeks since the imposition of an embargo that so much distress could prevail among this class of people. He knew from the nature of their habits that they were not generally prudent men; but he thought it hardly possible that they could already suffer so much inconvenience. If they were in this situation, why could they not apply to the various dock-yards for employment? Was it possible that the public agents would not give employment in preference to this class of men? If they did not they would deserve public reprobation. For these reasons he hoped the House would not agree to the number reported by the committee of the whole.
Mr. Dawson said, if his colleague had attended to the report from the Secretary of the Navy, which had been read, he would have spared his observations. The Secretary of the Navy had stated that 30 gun-boats were prepared for service, except that they were manned, and that 1272 was the precise number of seamen wanting for service. They were wanted for the vessels now prepared for the defence of our ports and harbors. If they were wanted, why should they not be employed? They were told by the proper authority that there were so many deficient; let them then be procured.
Mr. Masters said he would much rather instead of diminishing the number, increase it to three or four thousand. These men were a valuable class of people; when in employ, exposed to the greatest hardships, forever tossing to and fro, and when out of em-
ploy, from the peculiarity of their habits, prevented from acquiring a livelihood any other way. His opinion was, that their situation at this time required that they should be employed. They were a distinct class of citizens, and more than any other subject to the pressure of want during the continuance of the embargo. He could have wished the number to have been larger, tho' as the question now presented itself, he should vote for concurrence with the number reported by the committee.
Mr. Dana said if he understood the report of the Secretary of the Navy, the estimate for 1272 men was the number supposed to be required for two frigates and the gun-boats already built. Considering the number of gun-boats authorized, he should really doubt whether two frigates with these men and officers, were competent to take care of the gun-boats. Whether it were intended to employ the gun-boats or not, if the object now were to save from perishing such a number of seamen, he was much disposed to pass the bill. The case of these men was different from that of any other in the U. States. The qualities which fitted them for service unfitted them for taking care of themselves; of all men on the earth they were the first that would divide their purses with those in distress: to be provident and saving was not their character: when called to public service they exposed their lives as if of no worth; always ready to give away what little they had earned. It was for these men, said Mr. D. that you professed to have laid the embargo; to secure to them protection. The protection you have secured is the utter deprivation of employment. Those who understood the character of a seaman, need not be told how peculiarly difficult it was for him to employ himself in any other branch of labor. It was true that many of the men employed in merchant vessels could cultivate land; but as it respected the great body of the seamen, it was more difficult for them to procure employment (except on board of a vessel) than any other men. Their very habits at sea were not favorable to habits of industry on shore: he therefore thought their case peculiarly entitled to attention. If the corporations of our cities had manifested a generous attention to the distresses of these men, he was not disposed for that reason to withdraw from them any means of support which it might be in the power of the House to afford. He thought with an overflowing treasury and so much solicitude as had been displayed for the interests of these men by laying the embargo, that it was but right that the House should provide them employment on the principle of humanity.
Mr. Taylor said the scope of the argument of the gentleman who introduced the bill, and of the gentleman last up, was, that these men were in distress, and therefore should be employed. If they were to be employed, Mr. T. wished it to be for some service. As to their being confined forty or fifty in a boat, and eating up the money of the planters who suffered equally with them, he could not agree to it. Taking it up however as a matter of charity, it was contemplated to employ 1200 seamen. The seamen of the U. States amounted to between 50 and 60,000. Suppose one half of these to be employed in the fisheries and coasting trade, 25,000 remained; and he wished to know whether they ought to select twelve hundred of them, and leave the other twenty-three or four thousand to that distress which had been depicted. If it were a matter of necessity to support these virtuous people, let gentlemen come forward and drain the treasury to support them. But others suffered as well as sailors; and if they were to support all who were out of employ, they would not leave a cent in the treasury. He would now call the attention of the House to the famous gun-boat bill, this was said by its advocates to contemplate a great superiority of the new establishment over the old; that it would require but very few regulars, the rest being supplied by a naval militia. We blow hot and cold, said Mr. T. We depart from the very principle laid down, on the passage of that bill, and now are going to raise a naval standing army; for whether by sea or land it is a standing army. I say it is not expedient. If the gun-boats were now all ready for service, under the state of things which now exists, I should not be in favor of employing more men than would be sufficient to trim the boats and keep them in order. So that take this measure on principle, it appears to be departing from the principle on which we set out; and if it is meant to be done in charity, it is doing nothing. Therefore, unless gentlemen can show me that such a number of men is necessary for taking care of the boats, having at the same time an eye to a naval militia, I shall vote against the bill on the table.
Mr. Chandler asked for what pur-

pose the bill contemplated these seamen to be raised.
The Speaker said, for the service of the United States.
Mr. Chandler said he had understood that to be the case and wished things to be called by their proper names. He thought, as this was the case, that these men were to be raised for the service of the U. S. and not merely for the sake of supporting them, as gentlemen seemed to fancy. This number was declared to be necessary, and was only contemplated to be called into service, if the public exigency required, and not otherwise.
Mr. Dawson said he was extremely sorry that he could not express himself to the comprehension of gentlemen. He had indeed mentioned that there were a number of seamen unemployed; he had given it as a reason why that number should now be raised, as when unemployed they could be got without difficulty. He had not considered the bill as contemplated to afford charity to seamen; but if gentlemen would bring forward a motion of that kind, he would go as far as any body. But the present bill contemplated no such thing; the fact was, that the vessels now built were not manned. The simple question was, would they or would they not give the government men sufficient to man these vessels for actual service?
Mr. Quincy was glad that the motives on which the bill was founded had been explained; for really he had not been able before distinctly to ascertain them. As he now understood the object of it was that the vessels now lying in our harbors without men should be immediately manned. Would this be produced by the bill on the table? He thought not. He could not correctly understand the operation of the bill, for it had been read but once or twice, and then the hearing of it was almost precluded by the noise and inattention which prevailed; but it did appear to him that the President had not any right given to him to employ these men except in case of an exigency yet to arise. The bill did not contemplate the immediate manning of all the vessels; these men were not to be raised unless an exigency should arise. If that exigency did exist the bill should take away the discretion, and express affirmatively that this number should be raised.
Mr. Nicholas said, that upon this subject he owed it to himself to say that he had entertained but one opinion. He had believed that arming the nation and being prepared for war had been the duty of this House and of the other branch of the Legislature ever since they had been convened. Not that I want war, said Mr. N. but that if it comes upon us we may be prepared to meet it. If we want peace, the only way to obtain it, is to show that we are ready for war. Upon this ground I have been anxious to see the nation put in a state of defence. If all the gun-boats were in readiness to receive men, my vote should be given without hesitation to raise a sufficient number of men to man the whole. We are told that the present number is wanted; I will therefore vote for it with the greatest cheerfulness. I wish more could be employed. Whenever the question occurs of relieving those seamen out of employ and in distress, I will meet it with as much liberality as any gentleman. The only question now is, do the circumstances of the country require that we should raise this number? I believe that the circumstances of the country require that we should not only raise seamen but landsmen. Therefore at present I shall vote for the number asked, and as soon as more boats are ready my vote shall be given for manning them as fast as they can be erected.
After a further desultory debate (in which the Speaker repeatedly reminded gentlemen of the question under consideration) in which Messrs. Lyon, Gardener, Livermore, Fisk, Dana, Rhea (Pen.) Smilie and Talmadge took a part, and none of whom opposed the bill.
Mr. Talmadge moved that the further consideration of the bill be postponed till to-morrow, that gentlemen might have an opportunity of filling it with a smaller or greater number. This motion being was opposed by Messrs. Dawson, Nelson and Taylor, and supported by Messrs. Desha, Quincy, Blackledge, Cook and Dana; in the course of which,
Mr. Nelson wished to see who were desirous of consuming time in this way, who were in favor of arming the nation, and who against it. If the documents before the House were voluminous, if the bill were long, or if there were any difficulty in understanding either, he should be willing to postpone in order to have them printed. But the plain question was, whether would they or would they not employ 1272 seamen? Every hour was of consequence; they could now get men for five or seven dollars per month;
but if they waited till these men could get employ on board merchant ships at fifteen dollars a month, it would be difficult to procure them for national service. As he said before, he was desirous to see who were willing to arm the nation and who were not, and therefore he called for the yeas and nays on the motion for postponement.
Mr. Dana. Have we an enemy at our doors? Are we now to be called into battle? Is there any thing new which calls upon us particularly at this moment? Shall it be said that those who wish to postpone this bill till to-morrow are not ready to provide for the defence of the country? Mr. D. said, one day could make no difference. Hearing this bill read as well as he could from the peculiar difficulty of distinguishing exactly what was said in this splendid structure, he understood it as providing for a means of defence, or as providing for the employment of such a number of seamen now out of employ. In either case it was not an improper exercise of legislative power, and need not be so hastily pushed through the House, there being nothing contained in the bill which forbade the usual course of proceeding.
Mr. Holland moved to adjourn—Negatived, 53 to 43.
Mr. Quincy supported the motion for postponement, contending that they were now legislating in the dark.
The yeas and nays being taken on the motion for postponement, were yeas 51, nays 64.
Mr. Stanford moved that the House adjourn—Negatived 65 to 49.
The question was then taken on concurrence with the number (1272) reported by the committee of the whole as follows:
YEAS—Messrs. Alexander, W. Alston, Bacon, Bard, Barker, Bassett, Bibb, Blackledge, Blount, Boyle, Brown, Butler, Calhoun, Champion, Chandler, Chittenden, Clay, Clopton, Cobb, Cook, Cutts, Dana, Davenport, Dawson, Deane, Desha, Durell, Elliott, Ely, Eppes, Findley, Fisk, Franklin, Gardener, Gardner, Goldsborough, Goodwyn, Green, Harris, Heister, Helms, Holland, Holmes, Howard, Humphreys, Isley, Jenkins, Johnson, Jones, Kelly, Kenan, Kirkpatrick, Knight, Lambert, Lewis, Livermore, Love, Lyon, Marion, Masters, McCreery, Milner, J. Montgomery, T. Moore, Jere. Morrow, Jno. Morrow, Mosely, Mumford, Nelson, Newbold, Newton, Nicholas, Pitkin, Porter, Pugh, Quincy, Rea, (Penn.) Rhea, (Tenn.) J. Richards, M. Richards, Riker, Russell, Seaver, Sloan, Smelt, Smilie, J. K. Smith, Jno. Smith, Southard, Stedman, Storer, Sturges, Swart, Taggart, Talmadge, Troup, Upham, Van Alstyne, Van Dyke, Verplanck, Wharton, Wilbour, Williams, Wilson, Winn, Withersall, Thomson, Van Horn—108.
NAYS—Messrs. Garnett, Gray, Hoge, Macon, D. Montgomery, Randolph, S. Smith, Stanford, Taylor, Trigg—19.
Mr. Taylor moved to amend the bill by inserting a clause restricting the continuance of the law for a longer time than till the first day of July next, and no longer.
Mr. T. said as in the course of discussion the naval militia had been considered as an object likely to be accomplished, and as he considered the bill as it now stood as compromising this principle, which had been avowed by many gentlemen in a discussion on a former subject, and as he conceived it necessary to give to the people some pledge that the boats would be manned as expected, he had proposed this limitation. It might be said that the limitation should not be so restricted, that it should extend until the next meeting of Congress; but he would not commit his principle for a year. Till the 1st of June would be time sufficient in which to organise the marine militia. Although there appeared to be a great majority in favor of this bill, it would, as it now stood, compromise the principle on which they had lately acted; if he were but permitted to read the speeches of gentlemen on the gun-boat system, he could satisfactorily prove this. He was desirous, not for himself, for he should vote consistently, but that the body should hold out to the nation the ground on which they acted.
Mr. Nelson wished, upon the subject of consistency that the sins of every man should lie upon his own head. If he gave an inconsistent vote, he should never ask his friend from South Carolina to come forward and account for it; he had no doubt but those who elected him, the superior power, would punish him if he deserved it. A majority of the House had thought proper to vote for the number of 1,272; they had thought it necessary as the country was in a dangerous situation, perhaps on the eve of war; they did not know how soon these seamen might be wanted to defend the nation. Did any gentleman suppose, said he, that
if we are to have war, its force will be spent before the first day of July next, at that time we may be in the same situation in which we now find ourselves. I trust no gentleman who is a friend to the measure will vote for the gentleman's motion. I would rather negative the bill altogether than say that a defensive measure shall exist but four or five months. If the gentleman will amend his motion so as to extend the duration of the bill to the end of the next session of Congress, or till the 1st. January instead of July, I will vote for the amendment with all my heart and soul. I have as little disposition to erect a standing army or large naval force as any gentleman; but as this is a measure of relief to seamen out of employ on the one hand and of defence on the other I shall vote for it.
A motion being now made to adjourn was carried 50 to 43.
TUESDAY, JANUARY 26.
Mr. Mumford presented a memorial from sundry merchants and traders in the city of New York, praying for a further time for the payment of the bonds due to the U. S. for duties on goods, wares, and merchandise imported into the U. States. Referred to the committee of Commerce and Manufactures.
Mr. Newton, from the committee of Commerce and Manufactures, reported a bill to allow the importation of copper free of duty. Read twice and referred to a committee of the whole.
On motion of Mr. Dawson the unfinished business of yesterday was postponed till to-morrow, and the bill and documents ordered to be printed.
The House went into a committee of the whole, Mr. Helms in the chair, on the bill for classing the militia. The motion for striking out the first section being yet under consideration, the motion was opposed by Messrs. M. Clay and Nelson, and supported by Messrs. Varnum and Van Dyke, by the latter at great length: when the committee rose and obtained leave to sit again.
WASHINGTON CITY.
WEDNESDAY, JANUARY 27.
Owing to the great length of Monday's Proceedings in the House of Representatives, we have been obliged to defer a continuation of the Debate relative to Gen. Wilkinson to our next.
Extract of a letter from a member of the Assembly of Virginia, to his friend in Washington, dated the 22d January, 1808.
Two caucuses were held here last night, on the subject of the Presidential Election—one by the friends of Mr. Madison, and the other by the friends of Mr. Monroe. The result of which was, that there were 134 members of the Legislature for Mr. Madison, and 57 for Mr. Monroe. The friends of Mr. Madison formed their Electoral Ticket and Corresponding Committees."
On the 25th of December the Danish Island of Santa Croix capitulated to the English.
NOTICE.
A MEETING of the UNITED STATES MILITARY PHILOSOPHICAL SOCIETY will be held at the first apartment on the right hand in the War Office, on Saturday the 30th instant, at half past six, P. M. The chair will be taken at 7 precisely. Should any of the individual notices miscarry the members are requested to attribute the failure to accident, and attend notwithstanding. Commissioned officers of the army, marine corps and navy, whether members or not, are also requested to attend.
JONA. WILLIAMS, President. January 26—2t
From the Norfolk Herald of Jan. 19.
Our readers will recollect a communication which appeared in the Herald of the 12th inst. on the subject of the frigate Statira. The communication stated, that a boat with passengers from Hampton to this place, & provisions for the Statira, called alongside of that frigate for the purpose of delivering the provisions; when arrived alongside the frigate, they were saluted with the groans of persons who appeared to be suffering the most excruciating torture. This became so distressing to the passengers on board the boat, that they became anxious to leave their situation and proceed on their journey, when they were treated in the most brutal manner, and were threatened with being fired into unless they waited until it was the pleasure of his Majesty's officers to receive the provisions. The source from which the screams and groans proceeded is now known, and the cause which produced them is also well known. We state it on the most respectable information, which admits not of the probability of a doubt, that they were the groan of American citizens, writhing under the lash of petty tyrants!—and their crime, having declared they were American citizens and having sent some letters on shore by the pilot, notifying the Collector of this port of their fate and praying his interference!
Chillicothe, Jan. 5.
Burr, Blannerhasset and Luther Martin, three choice spirits, who compose a triumvirate of worthies, did not think it advisable to make their appearance at the circuit court, which commenced its session yesterday in this town.—It would be a matter of peculiar gratification to many of the citizens of the Western Country, if Mr. Martin would be so good as to tell the public what has become of his honorable and much respected friend, Colonel Burr. The colonel, we readily admit, did not receive justice in the city of Richmond; but we are entirely persuaded, that if he will come hither he will be fairly according to his works.
The court, composed of judges Todd and Byrd, directed that Aaron Burr should be called and his recognizance read; and a forfeiture of this recognizance will no doubt be entered. The council for Blannerhasset objected to the reading of that gentleman's recognizance. He contended that errors were contained in it, and that he conceived it to be indispensably necessary that Blannerhasset should be first served with a notice, before it can with propriety be said, that his recognizance is forfeited. Upon this subject, the counsel for and against Burr, and Blannerhasset, were debating, when it became necessary for the Predonian to be put to press. In our next number we shall furnish our readers with the proceedings of the court.
Philadelphia, Jan. 23.
We understand, that eighteen of the unfortunate young men belonging to Miranda's enterprize, and who were captured by the Spaniards, lately made their escape from the prison at Carthagena. Of this number, 15 were unhappily retaken. The remaining three, we are informed, have fortunately reached the United States in good health.
Advices from Port-au-Prince, dated Dec. 8, received at Nassau, (N. P.) state, "That great confusion existed in the south quarter of St. Domingo; several of the blacks in the vicinity of Jeremie had revolted against the government of Petion, and a general Maglore, who formerly commanded at Jacmel, had rebelled. He gained a regiment over to his plan, but being taken with twenty of his followers, his views were frustrated; he poisoned himself, and the rest were to be shot. Coffee very scarce and dear at all the ports, and will be so until the new crop come in—The markets are said to be overstocked with all kinds of European commodities."
New-York, Jan. 20.
Extract of a letter from Amsterdam, dated Dec. 2.
"By London letters of the 21st Nov. accounts are in town of a meeting that was held by the merchants there, to obtain an explanation of the late orders of the British council of the 11th. At this meeting assurances were given by authority, that American vessels having cleared before the 21st Jan. will be considered by the British government as not having had notice of the decree; that those cleared out after that day, and before the 10th Feb. will be subject to the decision of Parliament, and after that the decree will be in full force. Thus you will perceive there are, nearly two months time allowed in which we may expect American vessels, even should not the British government think it advisable to give still further indulgence. Unless indeed the first decree of the 11th should provoke a retaliating one from Napoleon, who very probably will not attend to these modifications and exceptions. However, let us be satisfied with the present favorable turn of affairs."
New-York, January 22.
We have been some time in possession of the fact that the king of Spain had been induced to pardon the prince of Asturias, who had engaged in a conspiracy to deprive him of his throne, but as we could not announce it officially, we have preferred waiting until some arrival from Spain should enable us to give it a more authentic "form and pressure," than could be done from oral testimony. We have received the following from Cadiz:
Extract of a letter, dated November 18th.
"Political affairs seem more and more perplexing daily. The reigning family of Portugal are to be annihilated, and that country annexed to this, and no doubt some other compensation taken from this."
"Some private disturbances in the Royal Family here have occasioned two extraordinary publications of the go-
vernment, of which I enclose you the copies. The fact is, that the prince of Asturias and the prince of Peace are sworn enemies, and of course one or the other must fall. With these unfortunate differences the whole country is kept in a state of suspense and alarm, which, however ridiculous it may appear to foreigners, gives a temporary suspension to every kind of business, and occasions the demands from the interior to be very limited."
Translated for the Mercantile Advertiser.
In a letter of the 6th inst. the Secretary of the public granary and government of the royal council wrote to his excellency the Corregidor of this city as follows:
"Most excellent sir, Under date of the 5th inst. his majesty sent to the council the following royal Decree:
"The voice of nature arrests the arm of vengeance; and where a son repents an inadvertent act, we cannot refuse to act as an affectionate father.—My son has already declared the authors of the horrible plan which they had caused him to enter upon, to be wretches; all which he has done in a proper manner, altogether consistent with that formality which the law requires in similar cases. His repentance and fear have dictated the representations which he has made to me, and which follow: "Royal Sire, I have erred. I have sinned against your majesty as a king and as a father. But I repent, and offer to your majesty the most implicit obedience. I ought to have done nothing without the knowledge of your majesty; but I was blinded. I have, however, discovered the culprits, and I beseech your majesty to forgive me, and permit me to approach your royal presence as your acknowledged son. FERNANDO."
San Lorenzo, Nov. 5th, 1807.
"Royal Mother,
I repent myself of the horrid crime I have committed against my royal father, and with the greatest humility supplicate your majesty's pardon for it; likewise for my gross obstinacy in denying the truth a few nights since; and now, from the bottom of my heart, I beseech your majesty to deign to intercede with my father, that he will permit me to approach him as his forgiven son. FERNANDO."
San Lorenzo, Nov. 5th, 1807.
"In consequence of these, and of the entreaties of the Queen, my beloved spouse, I pardon my son, and will restore him unto favor when his conduct shall prove that he has undergone a thorough reform. And I hereby command those Judges, who have been acquainted with the business from the commencement, to act according to the sentence of the law, according to the atrocity of the crimes and the quality of the criminals, taking as a guide for the formation of the charges the answers of the Prince which are drawn up and signed in his own hand writing, as well as the papers found in his desk, also written by him."
"All this you are to communicate to my councils and tribunals; publishing it to my people, that they may behold my mercy and justice, and that it may alleviate the affliction and uneasiness into which they were thrown by my former decree; since in it they beheld the danger of their sovereign, who reciprocates their affection by loving them as children. San Lorenzo, Nov. 5th, 1807."
"To the Governor of the Council."
The foregoing decree, published in full this day, I have fulfilled, and communicate it to your Excellency, in order that you may circulate it immediately among all the Judges within your jurisdiction, for the purposes which are expressed therein; and please advise me of having complied with it.
This is sent to your Excellency for your Government. God preserve your Excellency many years.
DON JOSEPH MONTEMAYOR, Cadiz, Nov. 13th, 1807.
THE services of a likely NEGRO BOY, turning 15 years of age, who has been accustomed to wait in the House, may be obtained for 6, 9, or 12 months, for the use of 135 dollars the same time, and the return of the money on the time fixed on will be secured. For particulars enquire of the Editor hereof. January 26—3t
This is to give Notice, THAT the subscriber hath obtained from the Orphans Court of Montgomery county in Maryland letters of Administration on the personal estate of Hilary L. Fisher, late of said county deceased—all persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscriber, at or before the 1st day of August next, they may otherwise by law be excluded from all benefit of the said estate. Given from under my hand and seal this 22nd day of January eighteen hundred and eight. ARTAXERXES FISHER, Administrator of Hilary L. Fisher. January 25—3t

Continued from first page. of course dismissed from office, sank under the weight of a vote of the House of Representatives, he neither enjoyed public nor private confidence and without trial by jury or the hopes of relief, this early patriot was consigned to penury and infamy by such a vote as is now urged by the mover.
The council of censors, a political body appointed by the constitution of that state to examine and censure the deviations from the constitution made by the different branches of the government, that body along with many other cases passed a just censure on this. The oppressed took courage, had his action brought on before a court and jury, and it was found that so far from being a defaulter he was found a creditor for a considerable sum from the state, which was awarded him by the court, but what was still more remarkable he was unanimously elected secretary of the Senate on the same floor on which he had been unjustly degraded, by members many of whom differed from him in political sentiments. He still enjoys public confidence and office. That legislature under the influence of popular leaders to gratify personal or party enmities assuming in various instances the powers of the other departments was a principal cause of the constitution of that state being revised.
The same conduct will produce the same effects in all very numerous bodies. They were well calculated for legislation, but badly calculated for judicial decisions, or holding inquisitions on the characters and conduct of individuals, and happily they are vested with no such power by the constitution. Whatever the guilt or innocence of Gen. Wilkinson was, had nothing to do with the question, the House were not judges of it. It is a good, and generally approved maxim, that persons are to be presumed innocent till they were legally convicted; but if the House countenanced this proceeding, they would be giving their weight, and a mighty weight it was to pronounce the person guilty before trial; doing this as had been well expressed yesterday by his colleague, would subject an individual to punishment by the state judicacies, because exciting prejudices against the person had a tendency to prevent a fair trial. Courts of justice were provided for deciding and awarding punishments to every crime, why distrust the constitutional authorities, and attempt to assume the powers vested in them? Where such irregular and unauthorised attempts are made, there is good ground to suspect the motives for which they are made. Indeed the mover of the resolution the other day, on the question of postponement, informed the House that he had in part accomplished his object, but left us to guess what that object was, this however was not difficult to do. When the usual course of proceeding is deserted and irregular and extraordinary methods are resorted to, to destroy an official character who has long merited and enjoyed public confidence, it ought to be presumed that such character cannot be convicted of a crime either in the civil or military courts, but though this is the natural and reasonable presumption, yet the reverse of this is the general opinion, because there is with reason a general bias in the minds of men to suspicion and distrust, and when this bias is aided by the mighty weight of a vote of the House of Representatives of the United States, supposed to contain the collected wisdom of the nation, this being out of the usual course, induces people to believe the person implicated to be a monster of uncommon magnitude, and dangerous in the extreme. When some popular and revengeful leader has succeeded so far, what can the accused do but sit down and mourn over his misfortunes, and his having been deceived. That in reading the constitution and the law, when he accepted of an office of trust, he calculated on being dealt with according to these rules, but did not calculate on having his character, more valuable to him than property or even life, arraigned, disposed of and destroyed by a body of men who had no authority vested in them for such purposes, and who were so privileged as to be protected from actions of damage for slander. Mr. F. said that every man so oppressed could not calculate on rising with honor from under the depressing load of calumny, and seeing his oppressors sink to infamy, and the constitution, to prevent such degrading outrages for the future, revised, as the now master of the rolls, formerly secretary of the state of Pennsylvania had seen.
Mr. F. concluded by saying that not for favor or enmity to Gen. Wilkinson more than any other citizen, he was opposed to this proceeding, that for the honor and usefulness of the government he was opposed to it, that he thought himself, and taught
his children and friends to think, that the House of Representatives was the sheet anchor of our liberties. To preserve that character, to the legislature, particularly to that Branch, from being the terror and scourge of the citizens at the nod of a popular leader, and to preserve the character which the constitution, the only bond of Union between the states, intitled it to enjoy, he would vote against this unconstitutional and disorderly resolution in the form it was now presented, and in every possible form, except to refer it to the President as information which only belonged to the Executive.
Mr. CLARK then laid before the House a translated extract of a Spanish letter heretofore given in this paper. Mr. TAYLOR moved to postpone the consideration of the resolution. Mr. CROWNINSHIELD had not intended to say anything on this subject; but after four or five days spent on the subject, he felt disposed to say a few words. What, after so long a discussion, had the House done? They had spent the whole of yesterday in debating whether they should request information. What had been the result of their deliberation? The gentleman from Virginia had simply laid on the table the papers which he had read in his place: The gentleman from Orleans had offered a letter to the House from the Spanish consul, proving that the Spanish government had projected a scheme to separate Kentucky from the union. Whether general Wilkinson was concerned in it or not they did not know; the letter therefore had no bearing on the subject before the House.
What were they now called upon to do? To request the President to institute an enquiry into the conduct of Brigadier General Wilkinson. Was this proper or right? Was it just to the officer or to the character of the House? The House had no right to act on the subject at all. It was understood that an enquiry had been ordered with regard to the conduct of this officer generally; then why proceed a step further in this? Why request the President to do what he had actually done? Mr. C. saw no necessity for it. He did not wish to give an opinion as to the character of this officer; he knew nothing about it; but they surely would not attempt to ruin the character of a meritorious officer upon mere hearsay. They owed it to their own character not to make the enquiry at this time: he was surprised at the time which had been occupied by this already, and the more he reflected, the more he thought the resolution should be immediately decided. Were they to wait till the gentleman from New Orleans should receive this evidence from the western country? Let us dispose of it at once, said he. As to general Wilkinson's rank in the army about which so much had been said, Mr. C. did not conceive that this officer was commander in chief of the army of the U. S. He understood the President to be commander in chief. If the militia were called out, Wilkinson would not command. Any major general of militia would take precedence of him.
Mr. LLOYD said the gentleman from Massachusetts seemed to be in great haste to decide upon this resolution, because information was not yet before them. Mr. L. said as the House had thought proper to adopt the resolution, they must have had some object in view. Did the gentleman expect that the House would call upon gentlemen to lay information on the table touching a man's character without announcing to act upon it? Mr. L. thought this could not be. If gentlemen who yesterday voted for the resolution calling for information, now wished to decide the main question, what object could they have in view? It was true that as yet no information had been laid on the table; the gentleman had not had time to prepare it.
The gentleman from Massachusetts had expressed his surprize that so much time had been taken up in the discussion. Mr. L. said although he would not be considered as giving his opinion as to the guilt or innocence of general Wilkinson, he thought the subject was important, as respected the officer himself and the interests of his country. If there were advocates or friends of this person in the House, they ought not to hesitate a moment in voting for an enquiry. How was the character of Gen. W. to be relieved from the suspicion under which it now labored, except his conduct were enquired into? On the other hand, how otherwise were the people to be convinced of his innocence, and feel that confidence in him which was necessary for the commander in chief? An enquiry ought to be had as respected him, on the one hand, and his country on the other.
The gentleman seemed to chuckle at the idea that this was all the evidence that would be produced: Mr. L. would ask if this was not sufficient ground for a request to the President to cause an enquiry which might produce more? It certainly was. Call upon the President, said Mr. L. to make an enquiry; and when that enquiry is had, other documents may be procured. But the House were told that an enquiry was ordered. Were they to arrest a legislative action on information in this manner—for they had no official information of it? Surely not.
Mr. L. would not say more at this time; he would not give an opinion on the guilt or innocence of the person accused. He hoped that the papers laid on the table by the gentleman from N. Orleans and Virginia would be recorded; and when further information was received, that they would act on it.
Mr. MILNER observed that what had been said by the gentleman last
up was a sufficient reason why this should not now be decided on—that there was other information to be laid before the House. Now, was it necessary or right for the House to act with so much precipitancy on this subject as was urged? He thought for his own part that they were entirely premature in taking this resolution into consideration at this time. The resolution went merely to request the President of the United States to institute an enquiry. It ought to go farther; it ought to order these papers to be transmitted to the President. If they passed the resolution as it now stood, might not the President with propriety return it and ask on what grounds they had passed it? The whole information in their possession should be laid before the President that he might judge of the propriety of causing an enquiry. Mr. M. had been throughout opposed to making this request; he had before said that if gentlemen would lay information upon the table, he would be willing to transmit such information to the President of the U. S. This would be doing all that their duty required; and if they did more, they would interfere with the duty of the Executive. It had been stated that an enquiry was instituted. He recollected that a gentleman had yesterday stated that a military trial would be a mere nullity. Admitting this fact, the resolution asked nothing more than that an enquiry should be made. Why then should they precipitate themselves into this measure, when they understood, although not "officially" communicated, that an enquiry was instituted; and it had never been customary for the President of the U. S. to inform the House of the institution of a court of enquiry for any particular purpose. He hoped the resolution would lie on the table, that they might have all the light on the subject which they had reason to expect.
Mr. W. ALSTON thought that if gentlemen were satisfied that an enquiry would be made in a full, fair, and open manner, they need not discuss the subject at this time in this place; neither would he shut the door against any information which the gentleman from Orleans, after brushing up his recollection might have to communicate. He should be willing to receive it, but not at the time the subject was pending, to be subject to the animadversions of gentlemen in debate. It was proper now to decide on the resolution; and if his opinion prevailed, it would be rejected: he should be willing to transfer these papers to the place where they might and ought to be made use of; and if the gentleman from N. Orleans should at any time hereafter communicate any information, it might be sent to the same place. Without exciting the public mind by inflammatory speeches, justice ought to be done. The information of the gentleman from Orleans was stated to be verbal. Now he would leave it to the good sense of the House whether it would be proper to receive such information as the gentleman was going to communicate in such a manner as might subject it to animadversion. Would it not be better to get rid of this subject, to make use of the evidence in the only way which it could be properly disposed of. If any gentleman could conceive that this resolution would serve any beneficial purpose, let it be adopted; but if gentlemen were of opinion that a full enquiry would be had, he saw no reason why they should refuse to be influenced by that opinion because official information of its establishment had never been communicated. In giving his vote he should act agreeably to the impression made on his mind by the knowledge of an enquiry having been instituted in the same manner as if it had been officially made known to him. He could see no good that would result from postponement day after day, and spinning out discussion as they had done; he therefore hoped the resolution would be rejected, and that a motion would be agreed to for transmitting them to the President of the United States, or to the Secretary of War.
Mr. GARDENER said it did appear to him if there had been a sincere disposition to promote a fair enquiry, there would not have been so much complaint of the time of the House being taken up in discussion. It was not to be supposed that the most proper way would at once have been fallen on by the House; and he thought he perceived in a majority of the House a sincere desire to perform the duty which they owed to the people. Mr. G. did not think, when the House voted to take up the resolution, this morning, that they were in a situation to decide upon it. If the testimony of the gentleman from New Orleans were as full as he had much reason to believe it was, Mr. G. said he could be inclined to vote against the resolution of the gentleman from Virginia or for its postponement, for the purpose of appointing a committee of enquiry into the whole transaction. It had been yesterday said that the government of Spain had set a side a large sum for the purpose of corrupting our citizens: to what extent the project had succeeded the House had not yet learnt; but this they knew that it was their duty not to shut their eyes against transactions so enormous. Whether the appointment of such a general committee of investigation would be proper or not, depended very much on the information which should be communicated by the gentleman from N. Orleans.
As to the particular subject of the
enquiry which had been instituted by the President, Mr. G. was willing to hope it had been done with the best views, but could not help supposing that this enquiry must be inefficient, because all the powers with which the President could clothe that tribunal were not competent to the end in view. It could not be true that a military tribunal could be clothed with authority to attach or commit to prison those who refused to obey its process. It would be the establishment of military law to a certain extent. It would be granting to the military a power belonging exclusively to a civil magistrate. Such a court might make enquiry of those willing to attend & give evidence; but could not compel the attendance of witnesses who were disposed to decline their invitation. The want of these powers was so evidently proved by the distinction between civil and military institutions, that he should suppose it required no argument to prove it; military courts only possessed power in cases of military conduct and then but over military characters. He had it from the authority of a military gentleman in whom he could confide, that such a tribunal as had been established could not compel the attendance of witnesses.
Mr. G. said he could be well content to let this enquiry proceed if he could be satisfied that the tribunal had power sufficient to embrace the subject; but if not, it was evident that the whole must terminate in an unsatisfactory manner, that the committee or tribunal would report that they had not been able to find any thing to criminate Gen. W. which would but establish his innocence. The House knew that these charges had been resounded against Gen. W.—they knew that a gentleman in the western country of high standing (he meant Mr. Davis) had invited Gen. W. to prosecute him for writing and publishing a letter to a pensioner of Spain; that gentleman had asserted that it was in his power to prove these charges. Mr. G. thought that in a case of this kind that gentleman should be examined, but he could not be by this tribunal; if this person could not be compelled to give evidence, much less could the gentleman from New Orleans; knowing this, the House had requested the gentleman from New Orleans to communicate to the House the information in his possession.
If a court of enquiry had been instituted, said Mr. G. it ought not to arrest the proceedings of this House. It is in our power and ours only to appoint a committee who shall have power to send for persons and papers; it is to this House only that the power can be confided. Was it ever before known that in a country in which the gold of a foreign power had been distributed for years, the circumstances concerning which being so little known, that so much listlessness had been exhibited about a matter of so much importance, so eminently demanding the attention of the Grand Inquest of the nation. Gentlemen had contended they had not power to act in this case; that corruption should stalk abroad, and treason be engendered in the very vitals of the nation, and that this House had no right to make an enquiry, or take such steps as the public safety might require. He had before said he could not reason on this subject; indeed he could not. He therefore hoped the resolution would lie on the table, because they were not arrived at that stage of the business in which they could be enabled to decide.
(Continued on second page.)
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
LINDSAY'S HOTEL. The Subscriber has taken that well calculated house on the Capitol Hill Late occupied by Mr. Frost formerly by Mr. Steele—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 Publisher's devoted Servant.
GEO. W. LINDSAY. N.B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf.
TWO ELEGANT FORTIPLA NOES. 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 brand 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.
R. A. WAGLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
A BRICK HOUSE & LOT FOR SALE. ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in Square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 185 feet, with the improvements thereon, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of 35 dollars per annum, and the benefit of a covenant to purchase the fee simple thereof.
On default of payment of three years rent, the subscriber has been put in possession of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold, subject to the conditions of the former lease, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled genteel neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Liberty, prior to the day of sale.
JOSEPH NOURSE. Terms of sale, a negotiable note with an approved endorser, payable 60 days after date. January 18—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 woolen 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 days drawing, each Dolls. 200   First drawn number on the succeeding ten days, each 300   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 days drawing 10,000  
This Lottery will positively commence drawing on the 231 day of February next, and will be completed in 29 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 Sellers, 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 compensation 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 Sellers, No. 1, C. Third St. Leonard Keckhult, No. 79, N. Third street. Thomas Peters, No. 22, N. Second St. Zias Bedwell, No. 173, N. Third St. Shas Watson, N. 341, N. Fourth St. John Shaw, No. 232, N. Second St. Charles Bittner, N. 11, Third St. Isaac Carpenter, N. 245, S. Second street. Daniel Miller, No. 27, N. Second St. And at the Offices of the Author and President's Journal.
The price of tickets is with advance as the drawing progresses. Note—The persons appointed to every ticket will be entitled to a valuable patent right for manufacturing Saps, Starch, and Hair Powder, from Potatoes, by a process entirely new, and entitled to a share of the many valuable cash prizes. Tickets for Samuel J. March's Bookstore, Georgetown, and at the Bookstore of R. C. WATKINS, Pennsylvania Avenue, Washington City. January 8—tf.