The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1804-01-06 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 11.
FIVE DOLLARS PER ANN.
FRIDAY, JANUARY 6th, 1806.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
FRIDAY, December 9.
Debate on the AMENDMENT to the CONSTITUTION.
(Continued.)
Mr. HOGE having declared himself in favor of the principle of designation, but adverse to the other provisions of the resolution, moved to recommit it, for the purpose of obtaining the following amendment, "for the term of one year; an extraordinary election of President and Vice President, shall be made by electors, who shall be chosen in the same manner, and shall give their votes on the same day, as is directed by the constitution in the case of a regular election of President and Vice President; and in case of such extraordinary election, the votes shall be transmitted to the seat of government, and the election ascertained and concluded in the same manner, and if no election shall be made by the House of Representatives in the same manner as is provided by the constitution in relation to the regular election of President and Vice President; and the person who shall be elected at such extraordinary election, shall be the President until the next constitutional period of election."
The motion to recommit was lost—Ayes 40—Nays 68.
Mr. TAGGART. Mr. Speaker, Unaccustomed as I am to parliamentary discussions, I feel a degree of diffidence and embarrassment to which many others are probably in a great measure strangers. I have no intention to enter into a lengthy discussion, or investigation of the resolution now before the House. But as I stand here in my place the constitutional representative of a section of the American people, perhaps equal in point of respectability to other sections represented on this floor, and as I suppose some of my constituents expect that I will, upon certain occasions, do something more than give a silent vote upon such questions as may from time to time, come before the House, I request the indulgence of a patient hearing, whilst I offer two or three reasons for the vote I shall give upon the resolution under consideration. I have not the vanity to suppose that I shall be able by anything I shall offer, to influence the members of this House to vote in a different manner from that in which they have already made up their minds. Probably no discussion which can now take place will alter so much as one single vote. I think it likely that the proposed alteration in the constitution, comprised in the resolution now before us, will pass this House by the constitutional majority, and I know not but it may be finally ratified by a sufficient number of state legislatures to make it a part of the constitution of the United States. If this event should take place, I shall, nevertheless, feel a satisfaction in having done my duty, in endeavouring, though feebly and unsuccessfully to arrest the progress of a spirit of innovation, which I fear, (God grant that my fears may prove groundless,) will undermine, and finally destroy our national compact.
I have not heretofore been particularly hostile to what is called the mere designating principle. I have sometimes enquired within myself, what good reasons could be assigned why the convention which framed the constitution, left that article in its present form? It never having been a subject of investigation in the small circle of my acquaintance, I viewed it as a matter of but little consequence either one way or the other, and I am persuaded that heretofore, this inattention to the merits of the question has been general in the part of the country to which I belong. But after seriously reflecting upon the subject, and attending to the discussions which have taken place in this House, both upon a former occasion, and since the resolution was transmitted from the Senate, as well as listening occasionally to the debates in that body, I have received that evidence which, in the view of my mind, has more weight than a thousand metaphysical arguments, that the constitution ought not to be meddled with. When I have beheld the many difficulties and perplexities attend-
ing every attempt to adjust the proposed alterations to the various bearings of the other parts of that instrument, I have been led to admire the wisdom and discernment of the framers, as well as to have a more realizing sense, both of the difficulty and danger of innovating. Innovations in a national system, I humbly conceive ought never to be admitted without the most imperious necessity. They are, at all times, a matter of hazardous experiment. But where is the imperious necessity in the present case? I trust it does not exist. If our national system is, in the main a good one, though it may not in every particular completely meet the wishes of every individual, or even of every state in the union, which, considering that it was formed upon a compromise, uniting a variety of different, and, some of them, clashing interests, was an event rather to be desired than expected, it ought to be like the law of the Medes and Persians, which altereth not. But that it is, in general, a good one, we have had the most striking practical demonstration in its beneficial effects; in the almost unexampled national prosperity and advancement, enjoyed under that system. In one respect I must be permitted to differ widely from an opinion advanced during the discussion of this question, by a gentleman from Virginia. I don't know that I should be correct in saying, that he advanced it as his own opinion, I believe he rather spoke of it as the prevailing sentiment of particular sections of the union, at the period in which the constitution was adopted. The sentiment alluded to was, that the constitution was objectionable on account of the difficulty of obtaining amendments; I believe on the other hand, that the facility wherewith alterations may be proposed and obtained, is not one of the least of its imperfections. That provision of the state constitution of Massachusetts, which, agreeable to the general sentiment and impression of the people, was at the time of its establishment, considered as an obstacle not easily surmounted in the way of its revival, until after the term of fifteen years, had elapsed, was, in my opinion, a wise one; though objected against by many at the time of its adoption. About six or seven years afterwards there was a peculiar season of ferment and irritation throughout a large portion of the commonwealth. Had it not been for that provision in the constitution, which threw an obstacle in the way of its revival for a limited time, it is probable it would then have undergone some important alterations. This public ferment happily subsided, and when the fifteen years elapsed, the period when the voice of the people was called for, to see whether they wished for a revival, I do not recollect that there was found one town or corporation in the commonwealth, which manifested the desire of an alteration, in so much as a single article. At the end of another fifteen years; it is probable the public sentiment may be found still the same. Had as great, or even greater obstacles been thrown in the way of alterations in the constitution of the United States, for the term of twenty years; instead of its being exposed to frequent alterations under the name of amendments, so much am I opposed to innovations in a national system, I could not have viewed it as less perfect. Upon this general principle I am at present opposed to any alteration whatsoever in the constitution of the United States.
But further, Mr. Speaker, another reason which as it is a point of delicacy to mention, I previously declare that I consider it as having reference to no individual only myself. I make no doubt but every gentleman on this floor, can reconcile the part he takes in this business, with the utmost purity of intention. But so far as it respects myself the consideration of taking a solemn oath to support the constitution of the United States is of considerable weight. I cannot see how I could act consistently in taking such an oath to day; and endeavouring to introduce an alteration in one of its important principles and provisions to-morrow.
It further appears to me, that should alterations in our national compact become really necessary, this House, or even both Houses of Congress, are the most improper of all places to originate them. That the Senate and House of Representatives have a jointly, constitutional right to originate amendments, is a point not to be contested. But in allusion to a remark which, upon another occasion, fell from a gentleman, who occupies a conspicuous station upon the floor of this House, that there were certain provisions or powers in the con-
stitution, which Congress never had exercised, and which probably there would be no occasion to exercise, and which he hoped never would be exercised, I am free to declare it as my opinion the power of originating amendments to the constitution, ought to be the last of all constitutional powers to be put in practice. It any thing in the world approaches to a solemnity in practice, it is a legislative body engaged in enlarging, altering, varying, or narrowing the sphere of their own powers.
I further observe, that, after hearing this subject discussed largely in this House, when it was first under consideration, and occasionally attending debates in the Senate, after patiently attending to the discussions on the different arrangements, adjustments, and modifications of the proposed amendment, which as all are sensible, has proved a subject of no small difficulty; I could not but feel a degree of surprise to find that, in the course of such a lengthy discussion, not so much as one solitary argument should be advanced in support of the general principle of the resolution. It seemed to me as if the importance of the designating principle was in the view of its advocates, one of those self-evident propositions, which were in themselves so plain as to be incapable of any illustration by proofs. I am free to confess that I am not possessed of that intuitive knowledge, which enable me to discover either the importance or correctness of the principle. Before I can vote for it I must have some sound convincing argument in its favour.
It is true, some attempts of this kind have been made in an advanced stage of the discussion, first by a gentleman from Virginia, afterwards by a gentleman from Pennsylvania, and lastly by another gentleman from Tennessee. But when I reflect upon the acknowledged talents of these gentlemen, I cannot but be affected with some degree of surprise that a measure of so much importance should be prosecuted with such a degree of zeal while supported with such superficial arguments. My design is merely to state my own reasons for voting against the resolution, and not to answer arguments in favour of it. I shall only briefly mention one which appears to be principally relied on, viz. that it is the voice or will of the people. I know not of a more equivocal phrase in the English language than this—"the voice or will of the people." Gentlemen I presume will not assert that the voice of the multitude but too frequently formed upon a sudden impulse, and ever fluctuating, which is one thing to-day and another to-morrow; changing many times by the breath of some popular demagogue who is disposed to make this voice a hobby-horse to serve a turn, can furnish any solid basis either for legislation or the formation of a national compact.
But it is said that this voice has been expressed by the constitutional organ, by the legislatures of the several states from time to time. We are referred back to New-Hampshire and South-Carolina, to New-York and Vermont, to federal and republican states, and to the same state when federal and when republican. If the distinction between federal and republican, is meant merely to discriminate the two great political parties into which the United States have been principally divided, it is acknowledged some terms must be used for that purpose. Whether this is the most proper I pretend not to say. I presume the term is not meant to convey an idea that those who choose to call themselves republicans are so exclusively, and that all others are opposed to a republican government. Such a distinction is better adapted to a discussion in a party newspaper than to the floor of this House. I give full faith and credit to that gentleman when he says he is a republican, and that the state of Pennsylvania which he represents is a republican state. But will the gentleman assert that the state of Massachusetts is not equally republican, and that the representatives of that state upon this floor are not republicans as well as those from Pennsylvania? No, I trust he will not. I am willing to go hand in hand with that gentleman in favor of real practical republicanism. I hope to live and to die under a republican government. I know of no state in the union which is not a republican state, nor any period of the union in which they were otherwise; and I know of no member upon this floor who is any other than a republican, nor of any prevailing party in the United States opposed to a republican government. But to return from this digression to the subject of public opinion. This as expressed by legislative acts has been various. What it is at the present moment
I pretend not to say. In some states I believe important changes have taken, and are gradually taking place. To say positively what it is in Massachusetts, I perhaps am incompetent. Many probably have never viewed the question in a serious point of light. I am far from supposing a majority in the state to be decidedly in favor of the designating principle. But, Sir, the public opinion, when constantly and uniformly expressed ought to have its due weight. There are other reasons which ought more especially to govern the decisions of public bodies. The question ought to be rather what will operate for the best good of the people, than what will strike the present full tide of public opinion, which perhaps before another year may be greatly, if not almost totally changed. I can therefore see no reason arising from this why I should vote in favor of the resolution.
But as I have as yet heard no arguments sufficiently forcible to evince the propriety of adopting the resolution, for there are still many good reasons for its rejection, at least they appear so to me. Here I shall not again travel over the ground of the clashing interests of great and small states, when elections shall happen to be finally determined in the House of Representatives. Nor shall I enquire whether three, five, or twenty are the most proper numbers of candidates from which to select the President. I believe that an election in any form by the House of Representatives, is an event which will happen but very seldom. The larger states by acting in concert, can always carry an election by the electors. It will be for their interest to do it, and we are not to suppose that it is an interest which will be often overlooked. Whatever objections may be against the designating principle on account of its militating against small states, when the election happens to be determined in the House of Representatives, I have a still stronger one admitting the determination to be made by the electors, which will be an event more common, and that is, that whenever we adopt the discriminating principle we will throw an influence almost unbounded into the hands of the President of the United States, which will in the end, make him President for life. That extensive patronage which is necessarily attached to the Presidency of the United States, aided by 25,000 dollars per annum; a sum which, with our growing wealth and population, will probably increase, joined to his influence in the army, navy and militia can scarcely fail to render his re-election at all times so certain as to be nothing more than form. I have not the most distant apprehensions that these consequences would be immediate. Probably this generation may not realize them in their fullest extent. But if the progress is slow, I apprehend it will be sure, and that we will hereby forge Presidential chains for posterity, it may be to the latest generation. I see no security that we have that a President of the United States may not one time or another be both ambitious, artful and intriguing. The love of power is congenial to mankind; this desire seems to be interwoven with human nature. It grows with our growth, and strengthens with our strength. Is it not natural to expect that a President of the United States, unless he is such a prodigy of virtue and disinterestedness as is not at all times to be expected to fill that important office, having once tasted the sweets of power as well as the emoluments of office, would wish to perpetuate it. We cannot but suppose that a judicious distribution of the places of honor and profit which he has in his gift will have a great tendency to secure his re-election, and if a little extra expence should be sometimes necessary in the view of an ambitious and unprincipled man, the importance of the object to be obtained, will be sufficient to justify the means. I wish to entertain as high an opinion of the integrity and incorruptibility of every member of the government, as any gentleman on this floor. I wish not only that all the individuals attached to any branch of our government but that all our citizens were forever to remain so entirely incorruptible as to be totally uninfluenced by indirect means and motives. But is such a degree of public and private virtue to be expected in the existing state of things. It was a maxim of a wise statesman, one who had a very extensive knowledge of human nature, especially on the dark side, I mean the noted Sir Robert Walpole, prime minister of Great Britain during the first part of the reign of George the second; that every man had his price. Though I cannot suppose this observation true in
its fullest extent, yet I believe its opposite is equally untrue, i. e. 'that no man has his price.' Truth I believe lies between the extremes. The same statesman farther observed, 'that patriots were like mushrooms. He could cause fifty of them to spring up in a night, and left the world to judge by what means.' Such patriots or friends to prerogative may spring up in our country. They may, at some future time, spring up on the floor of this House. Why then will we, by the adoption of the discriminating principle, lay such a temptation before a President, by putting it into his power, with so much greater facility, to prolong and perpetuate his authority. It appears to me that the wisdom of man could scarcely adopt a more effectual check to ambitious views of that kind, than the present mode of election, by a double ballot for two persons without discrimination. So long as elections are managed in this way, an ambitious man as he must forever remain uncertain of carrying an election, even by securing all the electors, unless he can secure the House of Representatives too, will be under comparatively small temptations to use any unfair means to accomplish that end. But adopt the designating principle and according to the present ratio of population his election is secured by eighty-nine votes.
Besides, as the Vice-President will not stand on such high ground in the method proposed, as he does in the present mode of a double ballot, so it is probable so great care will not be taken in the selection of a character to fill that office. Not standing on such high ground, the probability is that he will take the more humble station of the mere tool of the President. And truly if the designating principle be once introduced into the constitution, I see not what end a Vice President can answer, unless it be to take a pleasant journey to the seat of government once a year, meet with and preside in the Senate for a few weeks, possibly not more than three or four in a session, receive five thousand dollars, and go home again. This to be sure is a very pretty douceur, and if he can, by-the-by, lend a hand to help forward the President's re-election, he may expect to be assisted in securing his own in return. Upon the whole, can it be thought necessary, in order to avoid a momentary inconvenience, such as was supposed to be experienced at the last Presidential election, and such as will rarely happen more than once in an age if so often, to set aside an important principle in the constitution, and thereby subject our country to inconveniences of a more serious nature.
If it be said, that should these or any other serious inconveniences be experienced, the amendment may be dropped, or a new one introduced to guard against them. I reply in the words of the poet. Facilis descensus Averni sed referri gradum.
Hic Labor, Hic opus.
The descent is easy, but to retrace the step on an up hill road, this is the arduous task, this the painful labor.
But as I view the proposed alteration in every view of it needless; and as injuring instead of amending the constitution of the United States, so I view the resolution which has come from the Senate as still much more exceptional than the one which originated in this House. I agree with gentlemen who urge the propriety of paying a suitable deference to the opinions of the Senate, but as no member of this House is obliged to give the sanction of his vote to a measure, merely because it is agreeable to the Senate, so I think this House ought to pay some respect to their own opinions. To pay an implicit deference to a resolution of the Senate, which, I have reason to suppose the majority of this House, so far from considering as superior, view as much more objectionable than their own; merely from its being a supposed expression of the opinion of the Senate, is a degree of deference which I can hardly suppose due from one legislative body to another.
The resolution in its present form, tends to plunge us completely back into all the difficulties apprehended from the constitution as it now stands, which its advocates proposed to avoid by the adoption of the discriminating principle, by rendering it possible that we may have an acting President of the United States, who never was contemplated; and never had so much as one vote for the office—a man who, in all probability, will not have that dignity, independence, and respectability of character, which we would naturally expect would be found in one chosen by a joint bal-

lot, with some probability of his becoming the President. And indeed, when ever an election of President shall come into the House of Representatives, there is the greatest probability of the Vice President's succeeding to that office. Supposing that officer to be previously elected, either by the electors or by the Senate, and must succeed of course to the Presidency in case of the non-election of a President, as he would have strong temptations; so the nature of the resolution is calculated to invite intrigue, in order to defeat the election of President. And although I have purposely guarded against running a comparison between large and small states, yet permit me to remark, that eleven representatives will be more likely to be tampered with, than seventy-four; and as according to the present apportionment, they would represent an equal number of states, they, when voting by states, would have an equal weight, in either effecting or defeating a presidential election. Upon the whole as the amendment now proposed shields us from no difficulty, and may, and probably will expose us to evils innumerable, whatever may be its fate, I feel an entire satisfaction that I shall do my duty in voting against it.
Mr. HOLLAND. I am not surprised after hearing the declarations of the honorable I might add the venerable member from Massachusetts (Mr. Taggart), that the resolution on your table proposing an amendment to the constitution as it respects the election of President and Vice President, will not obtain his support. The venerable gentleman states that he has taken an oath to support the constitution and therefore infers that he is under sacred obligations not to admit the alteration or amendment, as it would violate his oath. If the venerable member had read a certain provision in the constitution, he would have there found that in cases of amendment he would be completely absolved from the obligations of his oath.
The venerable member has also said that the reasons offered so far as respects the will of the people in favor of this amendment is entitled to little weight. That the will of the people is unstable, vacillating, fluctuating and not to be relied on. Sir, I am one of those who have been early taught to respect the will of the people and notwithstanding what has been said, I still retain an opinion that the public will is of binding obligation, and I hope I shall continue to regard it. The constitution itself is predicated upon the will of the people and in order to ascertain this will at all times, the framers were obliged to resort to elections and delegations of power by which agents were to be appointed to express and execute their will whether acting in a legislative or executive capacity. But this delegation of power ought to be imposed only in cases where the will of the people cannot be otherwise known. Under these impressions I have not admired the plan adopted in the constitution of electing those high officers by electors. I should have preferred an immediate suffrage, to this indirect mode of electing by electors; but as the framers of the constitution have thought proper to ascertain the public will through the medium of electors, I am unwilling that they should be under any unnecessary trammels whereby the will of their constituents should be impeded.
The gentleman that I have alluded to has acknowledged that on his first reading the constitution he did not discover the policy of confining the electors to what he calls a double vote, but is now willing to suppose that it was intended for wise and good purposes. I must confess, Sir, that I who have labored under the same difficulty, I never understood the policy that dictated this provision. It was doubtless intended for the best of purposes; I am far from implicating the motives—but it appears to be an effort to conceal in midnight silence and secrecy the intent of the electors as to the person intended to be President and the person intended to be Vice President. If this was the intention of this provision, let me ask gentlemen if it has been effected—a recurrence to all the elections for President and Vice President since the commencement of the government will solve this question and fully demonstrate that the person intended by the electors to fill each office was well understood and known to all the electors and to all other persons that wished to know the secret has not been kept, from which it follows that the end has not nor never will answer the original design, and for what purpose shall we continue it any longer.
This mode takes more of the nature of a lottery than an election, the electors are compelled to put two persons names in a box deprived in the liberty of exercising their rationality as to the application of either person to any specific office, and must leave the event to blind fate, chance, or what is worse, to intrigue to give him a President. Experience hath shown that difficulties have attended this mode, and that it has not answered the original intention, and it is easy to foresee that it may be so practiced upon as to destroy the first principle of our
government that of the will of the majority in their election of the chief magistrate.
I will not say that there is a faction now existing that would wish to defeat the will of the majority. But I may be permitted to say that it is a possible and a probable case such a faction may exist, and on the existence of such a faction how easy would it be for them under the existing provisions of the constitution to defeat the public will. I have before said that the intention of the majority is known to all, the electors compose a part of this faction, and knowing that the majority to fulfil their object will decline to give all their votes to the person intended by them for the second office. This minor faction will accomplish their design by giving all their suffrages to the person intended to fill the second office and by this means contravene and totally defeat the will of the majority; and all this may be right and proper in the view of many gentlemen, but to me who regard the public will, it is exceedingly improper. To prevent which I am in favor of the amendment. Nor do I conceive the force of the objection of my worthy friend from Massachusetts, Dr. Eulis, (for whose opinions I entertain a high respect), to the amendment to our original resolution as made by the Senate, in reducing the number from which the President is to be chosen by the House of Representatives when the choice devolves upon them from five to three, and I hope when he comes to reconsider his objections that they will be found not to be solid and that the amendment of the Senate is not an innovation of the principles of the constitution but more in unison with it than our original resolution. In the constitution when the election devolves upon the House of Representatives, the President and Vice President are to be taken from the five highest numbers on the list. In our original resolution the President alone was to be elected from the five highest numbers of those voted for as President and the Vice President was to be elected from the two highest of those voted for as Vice President augmenting the numbers from which those officers were to be chosen from five to seven.
In the reduction of the Senate from five to three from which the President is to be chosen, and the Vice President to be chosen from two other distinct numbers, makes precisely the same number out of which those officers are to be chosen as in the existing provisions of the constitution.
In regard to the additional amendment providing in cases where the House of Representatives fails to elect a President. The whole objections are predicated upon a presumption, that the House of Representatives and Senate have or will become so corrupt, that they will not regard the high duties attached to their stations.
Mr. Speaker, when the American Congress are thus contaminated, it will be an extreme case, against the evils of such a situation no remedy would avail you; all is gone—But this is only a possible case, and such a one that I will not suffer myself for a moment to apprehend, and therefore, shall not attempt to guard against. And as I think that the resolution is calculated to avoid evils heretofore experienced in the election of our chief Magistrate, and is consistent with the wish of the people, and will contribute to their happiness, it shall have my most cordial support.
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SENATE OF THE UNITED STATES. IMPEACHMENT.
WEDNESDAY, January 4, 1804.
At one o'clock the Managers of the House of Representatives, appointed to conduct the impeachment against John Pickering, appeared at the bar of the Senate, when Mr. Nicholson, in their name, announced that they were ready to present the Articles.
Seats having been assigned them on the floor of the Senate, and the Serjeant at Arms enjoined silence, the Managers Mr. L. and Mr. Nicholson read the Articles of Impeachment as follows:
ARTICLES.
Exhibited by the House of Representatives of the United States, in the name of themselves and of all the people of the United States, against John Pickering, Judge of the district court of the district of New-Hampshire, in maintenance and support of their impeachment against him, for high crimes and misdemeanors.
ARTICLE I.
That whereas George Wentworth, Surveyor of the district of New-Hampshire, did in the port of Portsmouth, in the said district, on waters that are navigable from the sea by vessels of more than ten tons burthen, on the fifteenth day of October, in the year one thousand eight hundred and two, seize the ship called the Eliza, of about two hundred and eighty-five tons burthen, whereof William Ladd was late master, together with her furniture, tackle and apparel, alleging that there had been unladed from on board of said ship, contrary to law, sundry goods, wares and merchandise, of foreign growth and manufacture, of the value of four hundred dollars and upwards, and did likewise seize on land within the said district, on the seventh day of October, in the year one thousand eight hundred and two, two cables of the value of two hundred and fifty dollars, part of the said goods, which were alleged to have been unladed from on board the said ship, as aforesaid, contrary to law: And whereas Thomas Chadbourne, a deputy marshal of the said district of New-Hampshire, did on the sixteenth day of October, in the year one thousand eight hundred and two, by virtue of an order of the said John Pickering, judge of the district court of the said district of New-Hampshire, arrest and detain in custody, for trial before the said John Pickering, judge of the said district court, the said ship called the Eliza, with her furniture, tackle and apparel, and also the two cables aforesaid: And whereas by an act of Congress, passed on the second day of March, in the year one thousand seven hundred and eighty-nine, it is among other things provided, that "upon the prayer of any claimant to the court, that any ship or vessel, goods, wares, or merchandise, be seized and prosecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for the court to appoint three proper persons to appraise such ship or vessel, goods, wares or merchandise, who shall be sworn in open court for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted; and on the return of such appraisement, if the claimants shall, with one or more sureties to be approved by the court, execute a bond in the usual form to the United States, for the payment of a sum equal to the sum at which the ship or vessel, goods, wares or merchandise, so prayed to be delivered are appraised, and moreover produce a certificate from the collector of the district wherein such trial is had, and of the naval officer thereof, if any there be, that the duties on the goods, wares and merchandise, or tonnage duty on the ship or vessel, so claimed, have been paid or secured in like manner, as if the goods, wares or merchandise, ship or vessel, had been legally entered, the court shall by rule, order such ship or vessel, goods, wares or merchandise to be delivered to the said claimant," yet the said John Pickering, judge of the said district court of the said district of New-Hampshire, the said act of Congress not regarding, but with intent to evade the same, did order the said ship called the Eliza, with her furniture, tackle, and apparel, and the said two cables, to be delivered to a certain Elphalett Ladd who claimed the same, without his, the said Elphalett Ladd producing any certificate from the collector and naval officer of the said district, that the tonnage duty on the said ship, or the duties on the said cables, had been paid or secured, contrary to his trust and duty as judge of the said district court, against the laws of the United States, and to the manifest injury of their revenue.
ARTICLE II.
That whereas at a special district court of the United States begun and held at Portsmouth, on the eleventh day of November, in the year one thousand eight hundred and two, by John Pickering, judge of the said court, the United States, by Joseph Whipple their collector of said district, having libelled, pro pounded and given the said judge to understand and be informed, that the said ship Eliza with her furniture, tackle and
apparel had been seized, as aforesaid, because there had been unladed therefrom, contrary to law, two cables and one hundred pieces of check, of the value of four hundred dollars and upwards, and having prayed in their said libel, that the said ship with her furniture, tackle and apparel, might by the said court, be adjudged to be forfeited to the United States, and be disposed of according to law; and a certain Elphalett Ladd, by his proctor and attorney, having come into the said court, and having claimed the said ship Eliza, with her tackle, furniture and apparel, and having denied that the said two cables and the said one hundred pieces of check, had been unladed from the said ship contrary to law, & having prayed the said court, that the said ship with her furniture, tackle and apparel, might be restored to him the said Elphalett Ladd, the said John Pickering, judge of the said district court, did proceed to the hearing and trial of the cause, thus depending between the United States on the one part, claiming the said ship Eliza, with her furniture, tackle and apparel, as forfeited by law, and the said Elphalett Ladd, on the other part, claiming the said ship Eliza, with her furniture, tackle and apparel, in his own proper right: And whereas, John S. Sherburne, attorney for the United States in and for the said district of New-Hampshire, did appear in the said district court, as his special duty it was by law, to prosecute the said cause in behalf of the United States, and did produce sundry witnesses to prove the facts charged by the United States in the libel filed by their collector, as aforesaid, in the said court, and to show that the said ship Eliza, with her tackle, furniture and apparel, was justly forfeited to the United States, and did pray the said court that the said witnesses might be sworn in behalf of the United States, yet the said John Pickering, being then judge of the said district court, and then in court sitting, with intent to defeat the just claims of the United States, did refuse to hear the testimony of the said witnesses so as aforesaid produced in behalf of the United States, and with intent to hear the said testimony in behalf of the said claimant, did order and decree the said ship Eliza, with her furniture, tackle and apparel, to be restored to the said Elphalett Ladd the claimant, contrary to his trust and duty as judge of the said district court, in violation of the laws of the United States, and to the manifest injury of their revenue.
ARTICLE III.
That whereas it is provided by an act of Congress, passed on the twenty-fourth day of September, in the year one thousand seven hundred and eighty-nine that "from all final decrees in a district court in causes of admiralty and maritime jurisdiction, where the matter in dispute exceeds the sum or value of three hundred dollars exclusive of costs, an appeal shall be allowed to the next circuit court to be held in such district." And whereas on the twentieth day of November, in the year one thousand eight hundred and two, at the trial of the aforesaid cause between the United States on the one part, claiming the said ship Eliza with her furniture, tackle and apparel, as forfeited for the causes aforesaid, and the said Elphalett Ladd on the other part, claiming the said ship Eliza, with her furniture, tackle and apparel, in his own proper right, the said John Pickering, judge of the said district court of the district of New-Hampshire, did decree that the said ship Eliza, with her tackle, furniture and apparel, should be restored to the said Elphalett Ladd the claimant: And whereas the said John S. Sherburne, attorney for the United States in and for the said district of New-Hampshire, and prosecuting the said cause for and on the part of the United States, on the said twentieth day of November, in the year one thousand eight hundred and two, did in the name and behalf of the United States, claim an appeal from the said decree of the district court, to the next circuit court, to be held in the said district of New-Hampshire, and did pray the said district court to allow the said appeal, in conformity to the provisions of the act of Congress last aforesaid, yet the said John Pickering, judge of the said district court, disregarding the authority of the laws, and wickedly meaning and intending to injure the revenues of the United States, and thereby to impair their public credit, did absolutely and positively refuse to allow the said appeal, as prayed for and claimed by the said John S. Sherburne, in behalf of the United States, contrary to his trust and duty as judge of the said district court, against the laws of the United States, to the great injury of the public revenue, and in violation of the solemn oath which he had taken to administer equal and impartial justice.
ARTICLE IV.
That whereas for the due, faithful and impartial administration of justice, temperance and sobriety are essential qualities in the character of a judge; yet the said John Pickering being a man of loose morals and intemperate habits, on the eleventh and twelfth days of November, in the year one thousand eight
hundred and two, being then judge of the district court, in and for the district of New-Hampshire, did appear upon the bench of the said court, for the purpose of administering justice, in a state of total intoxication, produced by the free & intemperate use of inebriating liquors; and did then and there frequently, in a most prophane and indecent manner, invoke the name of the Supreme Being, to the evil example of all the good citizens of the United States; and was then and there guilty of other high misdemeanors, disgraceful to his own character as a judge, and degrading to the honor and dignity of the U. States.
And the House of Representatives by protestation, saving to themselves the liberty of exhibiting, at any time hereafter further articles, or other accusation or impeachment against the said John Pickering; and also of replying to his answers which he shall make to the said articles, or any of them; and of offering proof to all and every the aforesaid articles, and to all and every other articles, impeachment or accusation, which shall be exhibited by them, as the case shall require, do demand that the said John Pickering may be put to answer the said high crimes and misdemeanors; and that such proceedings, examinations, trials and judgments may be thereupon had and given, as may be agreeable to law and justice.
Whereupon the Vice-President informed the Managers, that the Senate would take order on them, and inform the House of Representatives thereof.
The Managers having retired, Mr. Adams moved that the Senate, as a court of impeachment, should adjourn until to-morrow.
Much diversity of opinion arose on this motion, some gentlemen being in favor of the Senate, as a court of impeachment, adjourning from time to time, distinctly from their ordinary adjournment; others being in favor of pursuing one common mode of adjournment.
On the suggestion of Mr. Venable, Mr. Adams withdrew his motion, and acquiesced in a postponement of the subject until to-morrow.
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near the Capitol; an elegant assortment of New & valuable Books, amongst which are, CARR'S Stratagem in France, plates elegant, Elements of seamanship, 2 vols. Black's Lectures on the elements of chemistry 2 vols. Stephen's history of the wars which arose out of the French revolution, 2 vols. Stock's book of the prophet Isaiah, in Hebrew and English, Playfair's commercial and political atlas, Israel's narrative poems, Mayer's lunar tables, improved by Mason, Nautical Almanacs for 1804—5, Boffuet's general history of the mathematics, Political and confidential correspondence of Louis XVIII, edited by Helen Maria Williams, 3 vols. Lathom's Castle of the Thuilleries, 2 vols. Annals of public economy, 2 vols. Cavallo on magnetism, Hampton's general history of Polybius, 4 vols. elegant. Brown's civil law, & of the admiralty, 2 vols. Chitty on bills of exchange, Literary leisure, 2 vols. David's surveying, Philidor on chess, 2 vols. Hoole's Orlando Furioso, 5 vols. elegant, Urquhart on classical learning, Jackson's remarks on the medical department of the British army, Card's history of the revolutions in Russia, Patsall's Quintilian, 2 vols. Burdin's medical studies, 3 vols. The art of rigging ships, with plates, Butler's Hudibras, 2 vols. plates elegant, Ordinaire's history of volcanoes, Limn's 2d letter to Dr. Priestly, Segur's Frederic William, 11 3 vols. Montefiores commercial and Notarial papers, Public characters, or contemporary biography, The chances, or nothing of the new school, 3 vols. Sappho, a romance, Monsieur Rote, 3 vols. Mrs. Hunter's moral narratives, 3 vols. Mo's Cliff Abby, 4 vols. Letters to Miss Riverdale, 3 vols. Leopold, 2 vols. Reginald de Forby, 2 vols. Amadis of Gaul, 4 vols. German forceps, 3 vols. Paley's natural Theology, Hear both sides a comedy by Holcroft, American Repository and Annual Register for the year 1804, handsomely done up in Morocco. The subscribers to the "Literary Magazine, and Annual Register," are respectfully informed that the second number will be received in a few days. Dec. 23—

WASHINGTON CITY.
FRIDAY, JANUARY 6, 1804.
The House of Representatives of Pennsylvania have adopted the Amendment to the Constitution, Yeas 64—Nays 9.
The House of Delegates of Virginia have also passed it, Yeas 108—Nays 8. The Amendment has also passed the House of Representatives of the State of Ohio by a large majority.
The Legislature of South Carolina adjourned on the 19th December last. We understand that they passed prior to their adjournment an Act for opening the importation of Negroes into the State from all places except the West-Indies, and that a proposition for altering the present ratio of representation in the Legislature by introducing a principle of representation founded on a compound ratio of population, taxation and extent of territory had been approved of by a majority of both Houses.
House of Representatives.
TUESDAY, January 3, 1804.
Dr. MITCHELL observed that there had been some conversation in the House during the last session, concerning the sums of money paid by our merchants on foreign voyages. He wished to renew that subject, as well worthy of the attention of government.
Foreign nations levy money upon our vessels, which frequent their ports, for the purpose of supporting their Light Houses. The sums paid by our merchants in compliance with these exactions are very considerable. The contribution which strangers are thus obliged to make, constitutes a fund, that goes a great way towards defraying the expense of those establishments, to the great relief of their own subjects.
The average amount of light-money, paid by every vessel that enters a British port, is about 4d sterling the ton, for every light she may have passed inwards, or that she may be expected to pass outwards. Calculating by this rule an American ship of 284 tons entering the port of London, is charged with duties for the maintenance of the following lights; all along up the British channel to wit. Scilly, Lizard, Lizard, Eddystone, Portland, Gaults, Needles, Owers, Dungeness, Forelands, Goodwin and the Nore. They amount to thirty four pounds sterling, and the stamp-duty for the receipt four pence more. Besides this, the duties to the Trinity House for such a ship, amount to nine pounds, seven shillings and eight pence. In addition to which there is demanded and paid by virtue of an Act of George III for the maintenance and improvement of the Harbour of Ramsgate, seven pounds and two shillings. So that the amount of these impositions for light money and Ramsgate harbour money, on a ship under 300 tons, for a single voyage to London amounts to fifty pounds and ten shillings sterling, which is equal to 222 dollars, independent of her Tonnage, duties on merchandise, pilotage, and other expenses.
An American vessel entering the Harbour of Hull, the lights are charged as follows viz. Scilly, Lizard, Lizard, Eddystone, Portland, Gaults, Needles, Owers, Dungeness, Forelands and Goodwin; and to these are added the lights on the eastern coast of England, such as Sunk, Harwich, Gatt, Lowestoft, Harbro, Winterton, O'ford, Shaw, Dungeness, Foulness and the Spurn. The amount of these demands for light money in an American ship of 245 tons is thirty seven pounds and six shillings sterling. At Hull, the collector imposes payment of Ramsgate harbour duties to the amount of £ 5 2 6, and of Dover harbour dues to the amount of £ 3 1 3. The demand for supporting lights, few of which perhaps were seen on the passage and for improving harbours which were not entered by the ship, amounts to forty six pounds nine shillings and nine pence sterling on a burthen less than 250 tons. An amount of demand exceeding two hundred and four dollars.
If an American ship goes to Liverpool she is charged for the light up St. George's Channel. A ship of 314 tons is made to pay for supporting the lights at Milford, that called the Smalls, and another known by the name of Skerries. These several demands with the price of stamps, come to £ 15 14 2 sterling on a vessel of that burthen for one voyage or more than 63 dollars for light-money alone—For each of these three light houses the charge is exactly 4d. sterling the ton.
Light houses have been established by the government of the United States on many parts of our extensive coast. Many parts of it are admirably illuminated. And the whole expense of these valuable establishments, is defrayed from the treasury out of the ordinary income. Foreigners who visit our ports, participate the security and advantage of these guides to mariners, as fully as our own citizens—But they pay no-
thing for this privilege of directing themselves by our lights. Foreign nations have acknowledged the principle that duties ought to be collected from their commercial visitors, for supporting light houses, and they compel our merchants to pay them. It is a correct principle of distributive justice, that we should cause our commercial visitors to pay something also for the establishment and improvement of our light houses. A duty on tonnage, for this express purpose, could easily be laid and collected from foreign vessels, and would add materially to our means of keeping them in good repair and attendance. A sum for example, of 6 or 7 cents per ton upon every foreign vessel for every light house she shall have passed, will make a valuable fund for the humane and excellent institution of light houses. To the intent that this interesting subject may be investigated and that our government may avail itself of its own proper rights and resources, I move the following resolution.
That the Committee of Commerce and Manufactures be directed to enquire into the expediency of laying and collecting a tonnage duty on foreign ships and vessels entering the ports and harbours of the United States, for an equivalent for the advantages which such ships and vessels derive from the light houses they pass, inwards and outwards.
A message was received from the President of the United States as follows.
To the Senate and House of Representatives of the United States of America,
I now lay before Congress the annual account of the Fund established for defraying the contingent charges of government. No occasion having arisen for making use of any part of it in the present year, the balance of eighteen thousand five hundred and sixty dollars, unexpended at the end of the last year, remains now in the treasury.
TH: JEFFERSON.
WEDNESDAY, Jan. 4.
An engrossed bill making appropriations for the support of the military establishment of the United States in the year 1804, was read the third time and passed.
The House went into a committee of the whole—Mr. Varnum in the chair—on the bill making appropriations for the support of the Navy of the U. States during the year 1804. The committee reported the bill and the House ordered it to be engrossed for a third reading to-morrow.
The House again went into a committee of the whole—Mr. J. C. Smith in the chair—on the bill to extend the time for making the oath required in case of goods, wares and merchandise exported, and entitled to drawback, and therein to amend the act, entitled "An act to regulate the collection of duties on imports and tonnage."
Several amendments having been made, the committee rose, and reported the bill. The House immediately concurred in the amendments; when, on the motion of Mr. J. Clay, the further consideration of the bill was postponed until Monday next.
Mr. G. W. Campbell offered a resolution for the appointment of a committee to enquire whether any, and if any, what alterations are necessary to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontier.
Ordered to lie on the table.
The House again resolved itself into a committee of the whole on the bill from the Senate, for the sale of the General Green, and for making a further addition to the navy—Mr. Varnum in the chair.
The chairman stated that the motion under consideration, when the committee rose, was to strike out the 2nd section of the bill, which provides for the building or purchase of two small armed vessels, and appropriates therefor 50,000 dollars.
Mr. Nicholson observed that since this subject had been before the committee he had made it his business to enquire into the existing necessity for the two small vessels contemplated to be added to the navy. He had learned from authority in which he reposed full confidence that two such vessels might at present be advantageously employed, but that one of them was indispensably necessary. Sensible of the large demands upon the treasury, though his opinions remained unchanged, he would agree, in case the honorable Speaker (Mr. Macon) would waive his motion to strike out the whole section, or in case they should negative it, to a provision being made for one vessel instead of two, and to a reduction of the sum appropriated to 25,000 dollars.
Mr. Macon (Speaker) expressed his regret at his inability, holding full the same sentiments he had on a former occasion avowed, to comply with the wishes of the gentleman from Maryland.
A debate of some length ensued on the motion of Mr. Macon to strike out the second section.
Messrs. Smilie, and J. Randolph supported the motion. They contended that no necessity existed in the present
situation of the United States for an augmentation of the navy; that it remained in the same state it had been fixed in March 1801, with the addition of four small vessels for the Mediterranean service; that it had heretofore proved fully competent to the protection of commerce, even when the complexion of our affairs was less pacific than at present, that the Mediterranean service had evinced that large vessels produced in that quarter more decisive effects than small ones; and that of the former description of vessels we had a sufficient number unemployed; that one great occasion for small vessels was removed by the permission of the State of South-Carolina to import slaves which superfluous the necessity of any additional force to restrain their illegal admission into the United States; that this addition to our marine force did not appear to be necessary, inasmuch as the President, whose constitutional duty it was to give information to Congress of the state of the union, and who directed the armed force of the nation, had not intimated his opinion of its necessity; and that Congress might be sure, if he thought it necessary, he would not hesitate to apprise them of it; that in adopting this provision of the bill, the House was acting altogether in the dark, as no estimates of the expense had been furnished, and not even a committee appointed to examine either the propriety or expense of the measure. It was alleged that it became the legislature, in the present posture of the national finances, to be uncommonly circumspect. New and heavy pecuniary obligations had been incurred, and time alone could shew whether the present resources would be more than commensurate to meet them. That the Secretary of the treasury, at the opening of the session had spoken of the competency of our resources with a caution which ought to impress the House with the necessity of exercising the closest economy, unless disposed to vote new taxes. To this point, this measure manifestly tended, and it became those who were hostile to new taxes, to hesitate before they adopted a measure that promised to lead to it.
The motion was, on the other hand, opposed by Messrs. Nicholson, Eustis, R. Griswold and Huger. They observed that the bill under consideration had received the sanction of the Senate, and it might be rationally presumed that they had previously to its passage received satisfactory proof of its necessity: that the first section authorised the sale of the frigate General Greene, in the lieu whereof it was contemplated to build or purchase two small ships; that this measure therefore constituted no increase of the Navy beyond its present strength; that, so far as related to expense, whatever the temporary cost, arising from the building or purchase, might be, the permanent expense of two small vessels would be greatly inferior to that of one large one; that the annual expense of a 44 gun frigate was 184,000 dollars, while that of a vessel of 16 guns was only 36,000; that with regard to the argument of gentlemen drawn from a want of estimates, it was idle, as estimates had been furnished at the last session as the basis of adding four small vessels for the Mediterranean service, which amounted to 96,000 dollars, which sum appeared to be sufficient; if therefore two vessels cost 96,000 dollars, two would not cost more than 50,000; that with regard to the necessity of these ships, Congress were the proper and constitutional judges, that it was their special duty to provide and maintain a navy, and to provide for the common defence and general welfare of the United States; and that the absolute dependance placed by gentlemen on executive mandates was unprecedented, anti-republican, and unconstitutional; that it became the legislature to judge for themselves as to the propriety of the measure; that from the knowledge they possessed, of the state of the country, and the extended sphere of commerce, abundant evidence was presented of its necessity; it was a fact well ascertained that for Barbary warfare these small ships were eminently useful; that that service required relief; and in case of a disaster occurring to one of our present small vessels, it was proper to be provided with others that might promptly make good the deficiency; that the acquisition of Louisiana would undoubtedly require some naval force to insure the collection of the revenue in that quarter; and that the state of the West Indies absolutely demanded an addition of some small vessels to protect our trade from the barks that were fitted out by the brigands for purposes of depredation; that it was a fact that if the executive, at this moment, possessed one of these ships, it would be immediately sent to the West Indies; that there were other important purposes for which these vessels were wanted. The government had frequent occasion to send special envoys, on points of vast importance, to the two great powers in Europe. Was it then false or becoming the dignity of the nation to send such characters in a private merchantman subject to the search or capture of
any armed vessel of Europe? Before a question was taken on the motion to strike out the section, Mr. Jackson moved that the committee should rise. If they rose, he would oppose their having leave to sit again with the intention of referring the bill, in order to obtain information, to the Committee of Commerce and Manufactures.
The committee agreed to rise—Ayes 63.
Leave having been refused to them to sit again, Mr. J. Randolph moved that a committee be appointed to enquire whether any, and what further additions may be necessary to the naval establishment of the United States.
Mr. Alston moved to amend the motion by striking out "a committee be appointed," and inserting "the Committee of Commerce and Manufactures be instructed." Messrs. Alston, Nicholson and Eustis supported, and Mr. J. Randolph opposed this amendment—Carried 51—Nays 46.
The motion, thus amended, was supported by Messrs. Huger and Eustis, and opposed by Messrs. Varnum and Smilie.
Carried Ayes 57—Nays 44.
Mr. Jackson then moved the reference of the bill to the committee of Commerce and Manufactures.
Agreed to without a division.
THURSDAY, January 5.
The House went into a committee of the whole—Mr. Varnum in the chair on the bill for reprinting the laws of the United States.
Mr. Jackson moved to strike out the 1st section.
A motion was made that the committee should rise on account of the absence of the chairman of the committee that brought in the bill (Dr. Mitchell).
This motion was supported by Messrs. R. Griswold and Holland, and opposed by Messrs. Smilie, Jackson and Nicholson.
Before the question was put, Dr. Mitchell entered the House, when it was taken, and the motion rejected—Ayes 47—Nays 54.
The motion to strike out the 1st section recurring, Dr. Mitchell spoke at some length on the expediency of reprinting the laws; but suggested the propriety of suffering the bill to rest until the next session.
Mr. Jackson withdrew his motion to strike out the 1st section, and moved that the committee should rise, with the view of postponing the bill to the next session.
This motion after debate, was carried—Ayes 67.
The committee were then refused leave to sit again.
Mr. Jackson moved a postponement of the bill to the 1st day of December next.
Mr. Thomas opposed the postponement. In case the motion to postpone should be negatived, he said he would move the recommencement of the bill to a committee, with a view to empower the Secretary of State to distribute the laws in the territory of Louisiana.
The motion to postpone was rejected, Ayes 47—Nays 52.
Mr. Thomas's motion was then agreed to—Ayes 60.
Mr. Dennis offered a motion directing the Secretary of State to transmit to each member of Congress a copy of the laws of the antecedent session.
Referred to the above committee.
Mr. J. Randolph said, that no people were more fully impressed with the importance of preserving unpolluted the fountain of justice than the citizens of these states. With this view the constitution of the United States and of many of the states also, had rendered the magistrates who decided judicially between the state, and its offending citizens, and between man and man, more independent than those of any other country in the world, in the hope that every inducement, whether of intimidation or seduction which could cause them to swerve from the duty assigned to them might be removed. But such was the frailty of human nature, that there was no precaution by which our integrity and honor could be preserved, in case we were deficient in that duty which we owed to ourselves. In consequence, sir, said Mr. Randolph, of this unfortunate condition of man, we have been obliged, but yesterday, to prefer an accusation against a judge of the United States who has been found wanting in his duty to himself and his country. At the last session of congress a gentleman from Pennsylvania did, in his place, (on the bill to amend the judicial system of the United States) state certain facts, in relation to the official conduct of an eminent judicial character, which I then thought, and still think, the House bound to notice. But the lateness of the session (for we had, if I mistake not, scarce a fortnight remaining) precluding all possibility of bringing the subject to any efficient result, I did not then think proper to take any steps in the business: Finding my attention however thus drawn to a consideration of the character of the officer in question, I made it my business, considering it my duty, as well
to myself as to the whom I represent, to investigate the charges then made and the official character of the judge, in general. The result having convinced me that there exists ground of impeachment against this officer, I demand an inquiry into his conduct, and therefore submit to the House the following resolution:
Resolved, That a committee be appointed to enquire into the official conduct of SAMUEL CHASE, one of the Associate Justices of the supreme court of the United States, and to report their opinion, to report their opinion, whether the said Samuel Chase hath so acted in his judicial capacity as to require the interposition of the constitutional power of this House.
Mr. Elliot opposed the adoption of the motion.
Mr. Smilie and Mr. J. Clay supported it.
Mr. R. Griswold moved a postponement of it until to-morrow.
Messrs. J. Randolph and Gregg opposed the postponement.
Mr. R. Griswold replied.
Messrs. Elliot and Dennis followed in support of the postponement; when Mr. Holland moved an adjournment, on which the question was taken by yeas and nays—Yeas 53—Nays 62.
The question recurring on postponement, it was advocated by Messrs. Huger, Holland, G. W. Campbell and Mott, and opposed by Mr. Randolph.
Mr. Bedinger, a little before 5 o'clock moved an adjournment, which was agreed to—Ayes 53.
The reader is desired to make the following corrections in the speech of Mr. G. W. Campbell in our last paper.
First column, line 24 from the top after "convention" add "and not by the several states convened."
Line 58, after the words "of the" add "general."
Line 27 from the bottom, instead of "recognizable" read, "are cognizable."
Second column, line 58, from the bottom, instead of "majority," read "minority."
Third column, line 53, from the top, after the words "vote for," add "one of."
Line 21, from the bottom, instead of "to affect," read, "affects."
Second page—2nd column, line 11, from the top, instead of "external," read, "internal."
NOTICE
IS hereby given to the creditors of James McDonald a bankrupt, that his final certificate of discharge will be granted on Monday the 16th January inst. at 10 o'clock A. M. at the court house for the county of Washington in the district of Columbia, unless cause be then and there shown to the contrary.
WILLIAM CRANCH, assistant Judge of the circuit court of the district of Columbia.
Jan. 6—32
District of Columbia, Washington County, ss.
Brought before me as a Gray and co-bailiff, by ALEXANDER SOPER—a Sorrel HORSE, about eleven years old, fourteen hands high, face and legs white, a few saddle spots, a scar on his hind ankle, shed before, carries his tail horizontally when he trots.
REN. MOORE, V. P. The owner is desired to prove property, pay charges, and take him away.
ALEX. SOPER. Nonsuch Farm, belonging to Mrs Young Jan. 6—32
MECHANICS HALL.
THE subscriber respectfully informs his friends and the public, that he has opened a House of Entertainment, on the causeway in George Town, at the sign of the Golden Square and Compass, for the accommodation of travellers and others, entitled the Mechanics Hall.
All those who do not think themselves above a mechanic, will find in their interest to call on him, as he pledges himself to the public to be moderate in his charges, and to keep a supply of the best of every article in his line of business. Having several genteel rooms with fire places in each, parties on business can have private rooms. Oyster suppers while in session will be prepared on the shortest notice. Beer and porter. Also, newspapers of different politics, regularly filed in the bar room.
He also keeps a small assortment of Groceries, of the best quality, which he sells low. Any favor in either line will be gratefully acknowledged, by the public's humble, servant,
ANDREW McDONALD.
A few genteel persons may be accommodated on moderate terms with boarding by the week, month or year. A woman, well acquainted with cooking, and of good character, is wanted, to whom liberal wages will be given.
August 3.
12W2
Ten Dollars Reward.
STOLEN from the plantation near Upper Marlboro, on Saturday night the 20th October—an iron grey HORSE, about fourteen hands one inch high, seven years old, stout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been trimmed about the head and ears. Any person giving me information so that I get him again shall receive the above reward and if brought home all reasonable charges paid by,
BENJAMIN ODEN
November 22—52

Ten Dollars Reward. DESERTED from on board the frigate United States, ROBERT FAGAN, about five feet ten inches high, stout made, a native of New Jersey, supposed to be about thirty years of age. Whoever will apprehend said deserter and deliver him to captain John Coffin Superintendent of the Navy Yard, Washington, shall receive the above reward and all reasonable charges. He is supposed to be in Alexandria. Jan. 4-3t
Public Sale of Lots, In George Town and the City of Washington. THE executors of the estate of Anthony Holmead deceased, will offer at public sale, at the Union Tavern in George Town, on Monday the 30th instants 57 lots in Holmead's addition to George Town, many of them in eligible situations—Also several lots in the city of Washington, in squares 48, 49 and 62. The terms, which will be moderate, will be made known on the day of sale—The sale to begin at 12 o'clock. Any person wishing to view any of the above lots, will be shown them on application to the subscriber. JOHN HORMEAD. Jan. 4-tf
ATTENTION!! A volunteer meeting of the privates, and non-commissioned officers, of captain Brown's company of infantry, is particularly requested at four o'clock in the afternoon of Friday the sixth inst. on the ground north of the President's House. JOEL BROWN, Captain. Jan. 4-2t  ATTENTION!! A volunteer meeting of the privates, and non-commissioned officers, of captain Andrews's company of infantry, is particularly requested at four o'clock in the afternoon of Friday the sixth inst. on the ground north of the President's House. GEORGE ANDREWS, Capt. Jan. 4-2t
To Rent or Let. A convenient two story Dwelling HOUSE, in the city, situated in a most remarkable pleasant situation, opposite the twenty buildings, and commanding a view of Alexandria, there is a very convenient kitchen, a small garden, and office with it. Any other particulars, may be known by applying to the subscriber, residing near the Navy Yard. RICHARD FRAZER. Jan. 4-
To be Rented ON moderate terms a two story brick Dwelling House and Lot in the city of Washington, on New Jersey Avenue near Barry's whar—The house contains four rooms with a cellar and kitchen. Persons wishing to rent will make early application to William Stewart on the premises or to the subscriber living in Alexandria. E. MILLER. Jan. 4-3t
ROBIN HOOD, An apprentice boy, aged between 14 and 15 years, run away from the subscriber a Joiner in the city of Washington, a few days since. A reward of 50 cents will be given to any person who may apprehend the said apprentice and deliver him to me—but no charges will be paid. All persons are warned hereby not to harbour or entertain the said apprentice at their peril. He has a scar on his chin occasioned by the bite of a horse—his clothing was a blue jacket grey trousers and a black hat much worn. ANREW THOMPSON, Joiner. Jan. 17 4th-3t.
FOR SALE. THE Plantation on which I live, containing about 600 acres of valuable land. The improvements are, an exceeding good dwelling house two stories high, 42 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above stairs, with fire places in all but one, and a dry sweet cellar, the size of the house, in which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 13, two floors high, with a kitchen and laundry below, and lodging rooms for servants above. A washing house, meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy genteel neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the scythe and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides a redundant one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises. OVERTON CARR. September 19. cpts
FOR SALE, TO be sold to the highest bidder at Stelle's Hotel in the city of Washington, on Monday the 16th of January 1804. 680 acres of valuable LAND, upon the Eastern Branch opposite the City, and is bounded by the water from opposite the Navy Yard nearly up to the bridge. More than one half is in Wood and timber, none of which is more than a mile and quarter from the water. This land will be sold altogether, or in lots to suit purchasers, and a credit given according to the quantity purchased. Those who wish to examine it, will apply to Mr. Weddin at the Ferry who will show it. A. ADDISON. Dec. 30-taw:j16
THOMAS CARPENTER, TAYLOR HAS just received an handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and greatest expedition. Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol. Oct. 14.
LOST, THE following described certificates of funded three per cent stock issued by the Register of the Treasury in the name of Jacob Fielamer of Amsterdam, for the renewal of which application is intended to be made at the proper office. No. 3113 dated 23th October 1791 for 12,419 53 3/4 No. 3500 dated 23d November 1791, for 7,900 No. 6271, dated, 7th December 1792, for 831 41 No. 1201 dated, 5th December 1792, for 8,749 29 Dolls 30,000 00 ROBERT GILMOR, & Sons. Dec. 28-cptjw
NOTICE. A GREEABLY to a deed of trust from the late Mr. John Beall, the subscriber will offered for sale, by public auction, at Mr. Dougherty's in Bladensburg, on the Saturday the 21st of January next, at one o'clock, All the right and title of Mr. Beall, to several tracts of land, conveyed by him for the benefit of his creditors. These lands are not more than a mile and a half from the town of Bladensburg, and contain about 240 acres, on which are a good dwelling house, a large barn & other useful houses. Also a few acres of valuable meadow. The land will be sold clear of dower—cash required for one third of the purchase money, and bonds with approved security, for the other two thirds, payable in one or two years, with the interest from the day of sale. BEN. LOWNDES, Trustee. Dec. 30-cptjw
A GREAT BARGAIN. THIRTY THOUSAND DOLLARS will be taken and payment made easy, to the purchaser, for the following valuable property free from any incumbrance whatever. A SET of saw mills working two saws—a grist mill with two run of stones and bolting machine, also a cotton and rice machine complete all worked by water, also one saw mill about 200 yards from the former and on the same dam, now about finishing that will work from two to fourteen saws under the same roof—this mill is insured for three years after her being completed—they now being in good repair and the whole in a progressive way of improvement, with about Ten thousand acres of land all adjoining and immediately contiguous to the mills, on which are several valuable farms. The timber for mill site are inexhaustible and unexceptionably good—they are situated on the waters of Drowning Creek ninety seven miles from George Town South Carolina, to which place the lumber is carried being rafted at the mills without the trouble of hauling, a valuable convenience. The stream is equal if not superior to any in the states of North or South Carolina—the grist mills command a custom at times of 30 or 40 miles around them. The situation at the mills is high, pleasant and very healthy, on which is a good two story house with piazza, a good kitchen, stables, carriage and harness houses and other necessary out buildings with a new four horse compleatly finished, it being an excellent stand for a country store. Application to be made to the Subscriber at Millville near Lumberton in North Carolina, or for any information respecting the premises, to Samuel D. Purvance at the city of Washington. WM. NORMENT. Millville N. C. Dec. 12. N. B. Any part of the above property will be sold as may best suit a purchaser. Dec. 23-tf
FOR SALE. PURSUANT to the Will of the late Patrick Henry, a Tract of Land, lying on both sides of Falling river, in Charlotte county, Virginia, and containing about 1800 acres. This Land is in general poor, but contains a bank of Iron Ore, supposed to be the best, of any known in that part of the country. It lies on an excellent stream, a branch of Roanoke river, within four miles of its mouth; from whence is an easy and safe navigation. There are water-falls, stone and timber on the Land for all the purposes of an Iron Work; in the midst of a fine corn country; and about 400 acres of the Land is valuable for its soil. For further particulars inquire of Mr. RANDOLPH, of the House of Representatives. The terms will be made easy to the purchaser by EDMUND WINSTON, Ex'r. of Patrick Henry. Buckingham county, Ver. Dec. 23-tf.
JOHN COX Has just received a quantity of American manufactured Bed Ticken warranted to hold the down of the feathers, which will be sold by the piece at the manufacturers prices, and by retail at a very small advance—Also fewing, darning and tampering cotton, with a quantity of chintzes and calico, which he will sell lower than the regular importer can afford to sell at. Elegant thread lace, fox, bear, and martin skin muffs and tippets, handsome paper hangings, with almost every other article in the dry good line, both fanciful and substantial, which he will sell at his usual low prices for cash, or in exchange for tobacco and flaxseed. For flax seed he will allow 11s. 3d. per bushel. Also a few handsome double barrel fowling pieces. George Town, Dec. 23-2m
NOTICE. ALL who are indebted to the estate of John Crookshank deceased are requested to make immediate payment to, CHARLES GLOVER, Adm'r. George Town, Nov. 25-4t
ELISHA RIGGS, Has just received from Philadelphia, an additional supply of  FALL GOODS, Which makes his assortment extensive. Among them are many fancy articles, and Superfine cloths, cassimeres, velvets, and fancy vest patterns. Irish linens, cotton counterpanes, ticken, and fleecing. English hats, kid shoes, silk hosiery, and gloves. Shirting flannels, rose blankets, and coarse cloths. Furniture dimities, ditto calicoes, and stuffs, Silks, cambrics, mullins, chintzes and calicoes. Laces, veils, crapes and India mullins, 20 boxes China in sets. Also—other articles, which will be sold on terms to please the purchaser. George-Town, Nov. 30-tawjw
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIA. HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cassimeres, Silk florantine, Black and fancy silk moleskin velvet, white & figured Marcellas, Swandowns, Toilettines, Velveteens, Fancy cords, Coating, &c. With a variety of other articles suitable for the winter season. N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion. New-Jersey Avenue, the second House from the Capitol Square. November 8, 1803.
In the case of ZEBULON WARNER a bankrupt. Whereas a commission of BANKRUPTCY founded on the act of Congress passed on the 4th day of April in the year eighteen hundred, entitled "An act to establish an uniform system of bankruptcy throughout the United States" has been awarded against Zebulon Warner of the district of Columbia, dealer and chapman and he being declared bankrupt is hereby required to surrender himself to the commissioners in the said commission named, or the major part of them on the 19th day of December instant, and 16th days of January next, at 4 o'clock in the afternoon of each day at the house of William Rhodes innkeeper in the city of Washington and to make a full disclosure of his whole estate and effects, when and where his creditors are to come prepared to prove their debts, at the second sitting to choose assignees and at the last sitting to assent to or dissent from the allowance of his certificate, all persons indebted to the said bankrupt or who have any of his estate or effects in their hands are not to pay or deliver the same to any person not appointed by the commissioners but give notice to LEWIS FORD, Sec. to the commissioners. December 5, 1803-116J
By the PRESIDENT of the United States.  A PROCLAMATION. WHEREAS by the first articles of the terms and conditions declared by the President of the United States on the seventeenth day of October, 1791, for regulating the Materials and manner of buildings and improvements on the lots in the city of Washington, it is provided that "the outer and party walls of all houses in the said city shall be built of brick or stone," and by the third article of the same terms and conditions it is declared, "that the wall of no house shall be higher than 40 feet to the roof, in any part of the city, nor shall any be lower than 35 feet on any of the Avenues: AND WHEREAS the above recited articles were found to impede the settlement in the city of mechanics and others whose circumstances did not admit of erecting houses authorised by the said regulations, for which cause the operation of the said articles, has been suspended by several acts of the President of the United States from the fifth day of June 1796, to the first day of January 1804, and the beneficial effects arising from such suspensions having been experienced—it is deemed proper to revive the same, with the exception hereafter mentioned. Wherefore, I THOMAS JEFFERSON, President of the United States, do declare that the first and third articles above recited shall be, and the same are hereby suspended until the first day of January in the year one thousand eight hundred and five, and that all Houses which shall be erected in the said city of Washington previous to the said first day of January, in the year one thousand eight hundred and five, conformable in other respects to the regulations aforesaid shall be considered as lawfully erected, except that no wooden house covering more than 320 square feet, or higher than twelve feet from the Sill to the Eave shall be erected—nor shall such house be placed within 24 feet of any brick or stone house. GIVEN under my hand, 28th December, 1803. TH: JEFFERSON.
Ten Dollars Reward. STOLEN from the plantation near Upper Marlboro, on Saturday night the 29th October—an iron grey HORSE, about fourteen hands one inch high, seven years old, stout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been trimmed about the head and ears. Any person giving me information so that I get him again shall receive the above reward and if brought home all reasonable charges paid by, BENJAMIN ODEN. November 21-tf
Valuable Land for Sale. The executors of the last will and testament of Anthony Holmead deceased, will sell at private sale about forty acres of Land adjoining the city of Washington at the northern extremity of 20th street west. This land is generally allowed to be one of the handiest situations near the city, having a beautiful prospect of nearly the whole of the city of Washington, Alexandria and George Town, and any person inclined to purchase this valuable property, will be shown the same, and know the terms by application to the subscriber near the premises. JOHN HOLMEAD. November 11-wtf
MICHAEL ROBERTS  HAS FOR SALE,  AT HIS STORE, GEOR GE  A GENERAL  Assortment of Stationary, And other articles in his line, viz. ATLAS, imperial, superroyal, royal, medium, demy, and foolscap paper. Plain and velum fool's cap ditto. Hot pressed, gilt, wove & plain quarto post ditto. Superroyal and royal cartridge do. Medium, demy & fool's cap, French marble do. Plain and ruled blank books, Best quills and ready made pens, Pen knives, erasing knives and paper scissors, Black and red ink and ink powder, Black and red sealing wax and wafers, Large red and white do. for office use, Silk twine and red and white tape, Parchment, foxite fish bone and pounce, Ivory pounce boxes and paper folders, India rubbers and gum arabic, Black lead pencils, (warranted) Ditto with silver cases, Round and flat rulers, Marking types and Revere's colours in boxes, Backgammon tables and cribbage boxes, Billiard balls and dice, English and American playing cards, Portable writing desks, Gentlemen and ladies pocket books, Sheet and house almanacs for 1803, Sheep & calf skins dressed for bookbinding use, Printing ink and printing paper, Wedgewood, glass and pewter inkstands, Sand and water boxes, Wax candles and tapers, Ivory handle table desert knives, Plated tea and coffee urns, large and elegant with silver head and brims. Ditto tea and coffee pots, silver brims, Ditto after double flint set glass, Ditto bread baskets and toast stands, Ditto goblets and tumblers, Ditto salt and mustard pots, Ditto decanter stands and fish knives, Ditto plain, high and patent round and oval candlesticks, Ditto small do. Do. chamber do. with snuffers & extinguishers Ditto snuffer and snuffer trays, Fashionable bras and irons, Green wire fenders and fire screens with brass tops, Shovels and tongs, Coal hods and cinder sifters, Hand bellows with brass and iron pipes,  Plated Mouldings for Carriages. Gigg springs, Spurs and stirrup irons, Chaise, duke & snaffle bridle bits, Horse bridles and curbs Carriage, chair and switch whips, Walking sticks and sword canes, Horseman's and Pocket pistols, Officers travelling canteens, with cooking utensils, &c. complete, Swords and dirks, Gold and silver epaulets, Sword knot and crimson silk sashes, Gold and silver lace and cords, Guns and fowling pieces, Shot pouches and powder flasks, Game and hawking bags, Casing nets mounted and unmounted, Travelling trunks and travelling pouches, Buckskin gloves and breeches, Morocco skins of various colours, Boot and girth webbing, English bend and cork soles, Gentlemen & ladies japanned dressing boxes English and American hair powder, Powder bags and powder puffs, Curing tongs and crimping irons and powder knives, Hard and soft pomatum, Best warranted razors, Shaving brushes and boxes, Benzoin, almond, palm, palmascen, cowslip, and windor soaps, Wash balls and wash ball boxes, Essence of musk, and ambergris, Burgamot and avender, Rupinis Tincture for the teeth, Tooth brushes and tooth powder, Ivory and boxwood fine combs, Tortoise shell and horn braid combs, Do. do. dressing do. Genuine black and red colored plaister, Patent shoe blacking and shoe brushes, Clothes, hair and hat brushes, Sweeping, scrubbing, and dusting do. Tortoise shell and japanned cigar boxes, Mother of pearl, tortoise shell and japanned snuff boxes, An assortment of upholsterers ware, consisting of fringe line, tassels, &c. An assortment of hardware consisting of saws, planes, chisels, gouges, augurs, files, rasps, locks, hinges, bolts, spades, shovels, tacks, springs, &c. ALSO FOR SALE, BY EDGAR PATTERSON, at the above store,  FRESH FRUITS, just received per the Brig Celia, capt. Brown, from Malaga. George-town, Dec. 21.
NOTICE. ALL those indebted to the late firm of Redmond and Garrett Barry of this city are requested to make immediate payment to the subscriber, and those who have claims against said concern are desired to bring in their accounts properly authenticated for adjustment. GARRETT BARRY, surviving partner of Redmond & G. Barry. Jan. 2-6t
In the Case of LUKE SHANNON an Insolvent Debtor IT is ordered that six months from and after the first day of November next, be limited and appointed for the Creditors to bring in and exhibit their claims to GEORGE ANDREWS of the City of Washington, Trustee, appointed for the benefit of the Creditors on the said Luke Shannon;—and that a copy of this order be published once in each week until the tenth day of January next, in the National Intelligencer. By order of William Cranch, Esquire. URIAH FORREST, Clerk. November 4-1awjw.
BY AUTHORITY,  SCHEME OF A LOTTERY, To build a Catholic Cathedral Church in the City of Baltimore. Dollars. 1 prize of 20,000 1 ditto 10,000 4 do 5000 10,000 5 do 1000 5,000 10 do 500 5,000 15 do 200 3,000 200 do 100 20,000 200 do 50 10,000 200 do 25 5,000 2500 do 20 50,000 4000 do 15 60,000 1 first drawn ticket after 2000, leaving a blank to its number, 500 1 do after 4000 do 500 1 do after 6000 do 500 1 do after 8000 do 500 1 do after 10,000 do 500 1 do after 12,000 do 500 1 do after 15,000 do 500 1 do after 18,000 do 500 1 do after 20,000 do 2,000 1 last drawn ticket, which may have a blank to its number, 4,000 754 Prizes, 210,000 3,856 Blanks—Not two to a prize.
21,000 Tickets, at 10 dollars each, 210,000 The laudable purpose of this lottery—the many very valuable prizes offered, and there not being two blanks to a prize, are considerations which give the managers reason to hope for a rapid sale of the tickets. The drawing will commence as soon as a sufficient number of tickets shall be sold to authorise it; and thirty days after the completion of the drawing, the prizes will be paid to the fortunate adventurers; subject to a deduction of fifteen per cent. Such prizes as shall not be demanded within twelve months after the drawing is finished, shall be considered as relinquished for the benefit of the church. For the satisfaction of those at a distance, it may be necessary to mention, that the managers have given bond to the mayor and city council in the sum of 120,000 dollars, for the due payment of the prizes which may be drawn. Tickets to be had of the managers, or of such persons as may be appointed by them. Managers. Right rev. Bishop Carroll, Rev. Francis Beeston, Messrs. David Williamson, Robert Walsh, Charles Ghequiere, Patrick Bennett, Arnold Livers, Luke Tiernan, Frances I. Mitchell. cpts July 13, 1803. The managers have lodged a number of tickets in the above lottery in the hands of Wm. Brent and James D. Barry for sale.
SLOUGHTON'S  GENUINE BITTERS. Faithfully prepared at the original warehouse London. TO make any observations here, upon the superior quality of these bitters to any ever offered for sale, is needless; suffice it to say, that they have stood the test of approbation a great number of years. Gentlemen, who prefer bitters, will find them an elegant and wholesome preparation; and far preferable to the trash generally offered under that name. It is now for the first time, imported in quart. bottles, as well as vials, which will reduce the price near one half. Sold by Rapine, Conrad and Co. Capitol hill, Washington, John March, George Town, Robert and J. Grey, Alexandria, and A. Buck, Fredericksburg, Virginia. November 7-1awjw
NEW STORE,  WHOLESALE & RETAIL. THE subscriber respectfully informs the public that he has opened a store in Bridge street, near High-street, at the left, running from the city, where he will sell very cheap the following fresh imported goods: Superfine and second London mens' and childrens' hats, first and second broad cloth, cassimeres, coating and naps of a variety of the newest fashionable colors, flannels, Irish linen of the very finest and middle sort, Orange cambric, cambric mullin, laces, cotton, calicoes, fancy waistcoatings, English and French silk stockings and gloves, worsted hosiery, handkerchiefs, silk and other threads, fringes, gold and silver watches, razors, pen knives, &c. &c. The subscriber has a large quantity of broad cloth, cassimeres, coatings, &c. on hand which he wishes to sell off, and offers them therefore by wholesale at the very low price of 175 advance. TH. W. PAIRO. George Town 19th Dec. 3-tawjw
Ten Dollars Reward. STOLEN off the Race ground on Wednesday evening last, a likely Sorrell MARE, saddle and bridle; the saddle is about half worn with plated stirrups, and a new bridle; the mare is eight years old, about fourteen hands high. Paces trots and gallops; shod before; the outsoles of both hind feet a little worn by dragging them when rode; has a small star in her forehead, there is a scar on the off shoulder that resembles the letter T. Whoever delivers the above described mare, saddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and no questions asked. November 14-wtf