The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1802-04-30 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. II.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCXLI.
FIVE DOLLS. PER ANN.
FRIDAY, APRIL 30th, 1802.
PAID IN ADVANCE.
NOTICE.
IN consequence of an error in the date of the advertisement under the signature of Samuel Baker, the Sale advertised for the 27th inst. will not take place until the third day of May next.
April 23, 1802
District of Columbia, } ss. Washington County. } THE board of commissioners for the county aforesaid, are requested to meet on Friday next, at 10 o'clock A. M. at the capitol. J. J. FROST, CLK.
EDUCATION.
THOMAS ROSE respectfully informs his fellow citizens, that he has taken a convenient room near the Capitol where he intends opening a school on Monday the 31st of May, for the instruction of youth in both sexes, in Reading, Writing and Arithmetick. Capitol Hill, April 27, 1802.
FOR SALE,
For Sale, cheap, and on easy terms of payment, together or separate. TWO adjoining building Lots in the neighbourhood of the executive offices west of the President's house, on the north side of G street, square No. 141, part of Lots No. 68 & 7; each Lot is 33 feet 6 inches 1-1/2 front, 183 feet deep containing 6433 square feet. The title is indisputable. Apply to James Lyon, living near the premises. 3/12 w/tw/t
FOR SALE,
THREE tracts of land, situate in Charles county, about 30 miles from the city of Washington, excellent meadow and wood land, well watered; also a very fine garden. About 139 acres in the whole. Likewise 2 Negroes. The sale to begin at 11 o'clock on Monday next, 2d May, at Mr. Charles Dunlay's, on the New Jersey Avenue. MATTHIAS REDMOND. April 26th, 1802.
EDUCATION.
THE Subscriber begs leave to inform the citizens of Washington, that he has opened a school at Mr. Boyne's boarding house in front of the President's house; where he will instruct those committed to his care in spelling, reading, writing, vulgar and decimal arithmetic, book-keeping and mensuration, &c. according to the most approved methods. Those desirous of seeing his recommendations from where he last taught, will please apply as above, to PATRICK EDWARDS. April 26, 1802.
LAND FOR SALE,
LYING in Wexford county, in an agreeable neighbourhood, containing two hundred and seventy five acres, and lying on the mouth of Yocomoco river. The soil is well adapted to the culture of small grain, corn and tobacco. About one hundred acres is in excellent pine timber, and a few miles within four miles, and the timber may be raised up to the mill. On the land is a dwelling house, with four rooms on the first floor, two above, and three fire places below, and convenient out houses, with a sufficiency of cells for fire wood. No place can surpass it for the convenience of ferry oysters, having a delightful cove making from the Yocomoco river up to the foot of the garden. A further description is thought unnecessary, as it is pre-supposable any person willing to purchase will first view the premises. For terms apply to PETER RUST. Richmond county, April 18th, 1802.
FOR SALE,
LOT numbered 3, square 23, City of Washington, containing about 6,300 square feet, fifty-five feet six inches front on North Street, near the Branch Bank of the United States, and within one square of the President's square, and in the choicest situated part of the City; on which is erected a comfortable two-story Frame HOUSE with a good Cellar, Kitchen, Stable, &c. the lot well enclosed, and a handsome Garden in front. One LOT 28 feet six inches front, adjoining Stetson's Hotel, and about ninety feet deep, with the privilege of a brick wall the whole depth. Also, one other LOT, 23 feet 4 inches fronting on the market square, on square 432, with the benefit of a back alley of 12 feet wide. The terms of sale are: third cash, one third dry goods, and one third West India produce. Apply to JAMES R. DERMOTT. City of Washington. April 26th, 1802.
CHARLES VARDEN,
Merchant Taylor, from Philadelphia, GRATEFULLY acknowledges the favors conferred on him by the gentlemen of this City, and flatters himself that the general satisfaction he has already given will merit a continuation of the same. He has also received a handsome assortment of goods from Philadelphia, consisting of, Built Topazine cloths, Cassimere, Swansdown, Toyelene, Velverette, Laney Cords, Coatings, Flannels, &c. N. B. Regimentals, Naval Uniforms, and Ladies Habits, made in the neatest and most fashionable manner, and at the shortest notice. Washington City, New Jersey Avenue, next to Mr. Rapine's book store. Dec. 16, 1801.
For Sale,
On To Let, on Ground Rent for ever, FIFTY LOTS, SITUATE between the President's House and Capitol. The titles to which is indisputable. ISAAC POLOCK. Dec. 16.
WANTED,
A LOAN of from one to two thousand dollars, to be secured by a mortgage of improved real property; the title to which is unexceptionable, and unincumbered. For particulars apply to THOMAS HERTY, Conveyancer, near the Treasury Department. April 27, 1802.
For Sale,
A NEAT Frame House and Lot, on New Jersey Avenue, square 690; sixteen by twenty-four, consisting of a shop in front with a large bow window, a parlour and closet back on the second floor, two rooms and a closet, and two rooms on the third floor, together with the lot, twenty-one feet three inches front, running back to an alley one hundred and thirteen or fifteen feet, or thereabouts. For terms apply to JOHN MINCHIN, N. Jersey Avenue, near the Capitol. March 5, 1802.
TO RENT,
And possession given immediately, A TWO STORY Brick house on F street near the War Office, containing two parlors, six bed rooms, and a kitchen, with an excellent garden, coach house, stable, &c. The house is newly painted and papered; it was formerly occupied by Mr. Dexter, and lately by Mr. John Brown. Enquire of Clement Dorsey, Esq. Georgetown; or of the fishmonger, who has for sale a well finished three story brick house opposite the Six Buildings, and a variety of City Lots in the most eligible situations. The above House will be sold for less than any gentleman could build it. The payments will be made easy on the whole of the above property. WILLIAM Dyer. April 7, 1802.
The MAIL PILOT,
Will, during the SUMMER SEASON, LEAVE the Columbian Inn, Georgetown at 5 o'clock A. M. and Mr. William Tunnicliff's, City of Washington, at 6 o'clock, every day; for Baltimore, Philadelphia, and New York; arrive at Baltimore about three o'clock. Leave Baltimore next morning and arrive at Philadelphia next day to breakfast. Returning—Leave Philadelphia at 7 o'clock A. M. and arrive at Baltimore the next day to dine. Leave Baltimore at 6 o'clock, A. M. and arrive at Washington at 3 o'clock P. M. Fare and allowance of baggage as usual—All baggage at the risk of the owners. J. H. BARNEY. April 14, 1802.
WANTED,
A young man, who can come well recommended for the above business, will meet with employ at the Columbian Inn; and generous wages, by J. H. BARNEY. April 16, 1802.
City Hotel,
BROADWAY NEW-YORK. THE Subscriber most respectfully informs his friends and the public, that the above Hotel will be opened on the first of May ensuing, when their patronage is earnestly solicited. He avails himself of this opportunity to return his sincere and grateful thanks to those ladies, parties, and gentlemen, who have given him their support, and assures them that a continuance of their favors will be a stimulus to future exertions to please; and that the utmost attention shall be given for their comfort and accommodation. Boarding may be had by the day, week, month, or year. Families travelling, may be elegantly accommodated with lodging and feeding rooms; and if preferred, have dinners &c in their apartments. The Hotel being so well known, it is almost useless to say, that it is situated in one of the most healthy and pleasant parts of the city; commanding an extensive view in every direction, not only on the city itself, but also of the Narrows, the North and East Rivers, the State of New Jersey, York and Long-Island, &c. &c. A handsome coffee-room will be fitted up in the principal story; where gentlemen may have tea, coffee, chocolate, soups, and refreshments in general, at the Hotel notice. All the leading newspapers in the union, will be regularly taken in. Public dinners and suppers in a plain or elegant style either for large or small parties. Also, beef steaks, oysters, &c. regularly furnished. An ordinary every day at half past 2 o'clock, by the public's obedient servant, JOHN LOVETT. N. B. Rooms to let by the month or year. April 21, 1802.
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, April 6, 1802.
[Debate respecting Bercan—Continued.]
Mr. Griswold said, that in order to meet the ideas of gentlemen who had spoken yesterday, he would withdraw the motion he had made, and in the room thereof propose the following:
"Resolved, that the President of the United States be requested to direct the proper officer to report to this house, whether the sum of 32,850 dollars and 54 cents was expended for repairing the Corvette Bercan, after it was determined to deliver up the same to the French government, agreeably to the stipulations of the convention, between the United States and France; and to lay before this house copies of all papers and documents which relate to the sale, purchase, and repairs of that vessel."
Mr. Giles moved to strike out that part which related to the purpose of the executive. He said he wished to carry the point of information as far as any person; but he believed that going the extent of the motion was going beyond the powers of the House; as he believed that in the present case the provisions of the treaty were merely of an executive nature, and the repairs made of the same nature. He had himself, in his personal capacity, no objection to the President fully developing his motives, believing those motives to be highly honorable; but he did not with unconstitutionality to interfere with the executive department. We have heretofore heard much about the independence of the departments—and particularly of the executive department. He believed that during the period when a description of citizens now the majority, were in the minority, and who were then branded with the name of disorganizers, no such motion had ever been made by them. He knew not the views of gentlemen, who now made this motion; but it appeared to him the most disorganizing motion that had ever been made in that House.
Mr. Giles said he held in his hand a paper which showed that what he had yesterday stated was perfectly correct. He would therefore again remark that the business had taken its direction under the former administration, and had been only continued in that direction by the present administration.
Mr. G. concluded by moving to strike out, "whether the sum of 32,850 dollars, 54 cents, was expended for repairing the corvette Bercan, after it was determined to deliver up the same to the French government, agreeably to the stipulations of the convention, between the United States and France, and."
Mr. Bacon believed the resolution required explanation. It indicated, perhaps, too great jealousy of the motives of the executive. He was at a loss to know what was referred to by the words, "after it was determined," by whom determined? By the President or the French Republic?
Mr. Griswold trusted the amendment would not prevail. The French corvette has been delivered up. This is a fact. The gentleman has expounded this to be an executive act. The vessel could not have been delivered without the determination of the executive. Now, we are not for enquiring into the motives of the President. We rate the facts, that the repairs have been made, the vessel has been delivered, and the determination must have taken place before the delivery; we ask then why gentlemen refuse us the knowledge of the fact whether the repairs were made after it was determined to deliver the Bercan to the French. This is a fact; it is not a motive. These 32,000 dollars are public money, applied to the support of the Naval establishment. We wish to know whether this sum has been properly or improperly applied to naval purposes as appropriated by law, or whether it has been applied to the execution of a treaty. That that treaty ought to be carried into execution cannot be doubted. This we all admit. But we say that this money ought to be taken from its proper fund. I do not see why gentlemen deny this information. Our only enquiry is into certain facts; and I have never known such an enquiry prohibited. We are not enquiring into the secret motives of the executive for carrying this treaty into effect before it was ultimately ratified by France. That measure was probably correct. The fact is well known, and yet I hear no gentlemen condemn it.
The objections, therefore, of gentle-
men are incorrect. We are not for enquiring into the secret motives of the President; his motives were undoubtedly virtuous and honorable, and his measures may have conducted to the welfare of the nation. But we simply want the fact whether the repairs were made before or after the determination to deliver the Corvette to the French. This House has a constitutional right to enquire into the faithful expenditure of public money. We appropriate money for a marine barracks, and we find a Secretary of the Navy building with the public treasure an extensive house on his own estate; have we not a right to enquire for what purpose the money is applied? To know whether the appropriations made by law have been observed. This is all we now desire; that we may ascertain whether the money laid out on the Bercan has been applied to naval purposes, or to other purposes. This we have a right to know, and I think gentlemen cannot refuse it. Mr. G. concluded by asking for the Yeas and Nays.
Mr. T. Morris was astonished gentlemen interfered to prevent information being given to the house. What! Have we not a right to know how the public money has been applied? Have we not a right to know how these 32,000 dollars have been expended? We know they have been expended; we know there is no fund out of which the money could have been taken. Have we then not a right to enquire into the circumstances attending the disbursement, and, shall we be told that in making this enquiry, we are prying into executive secrets? This is indeed going farther than has ever been done before. The gentleman from Virginia says, the conduct of the executive will redound to his honor—Why not then disclose the circumstances attending that conduct?
Mr. Davis. Gentlemen were all day yesterday employed in framing a resolution; sometimes proposing one amendment, and then withdrawing that amendment to make room for another; and now, when it is nearly fitted to the mind of the whole House, it is withdrawn by the mover (Mr. Griswold) and another substituted in its place, and we are again to occupy a whole day in talking about it. For what is this proposed? Are we about to engage in any legislative act that renders it necessary, that we should have the information it asks? If we are not, I cannot see the propriety of so much useless discussion about it. I therefore, move that its further consideration be postponed till the 3d Monday in November; and I hope those who are for going on with the public business will agree to postpone it till that time, and let those gentlemen, whose curiosity leads them to pry into the motives of the executive, go to the public offices, and there obtain the information they say they want, while we are progressing in the public business.
Mr. Lowndes said he was one of those who the most anxiously wished the public business dispatched. But he knew no business so important as that which respected the expenditure of the public money. He did not conceive, that one solitary valid objection could be urged against the motion. Gentlemen say, we are calling upon the executive for his motives; but Mr. Lowndes said he did not understand the English language, if this resolution involved an enquiry into motives. If the answer of the executive shall be that these repairs were made in order to restore the Bercan to the French, will that be any thing like a motive? Is it not a simple and abstract fact? Suppose the answer given shall be, that the Bercan was repaired, that she might be employed in the service of the United States, will that be a motive? It will be a simple abstract fact; gentlemen, in truth, to resist the motion, are driven to the shift of saying, we are diving into executive motives.
Mr. Lowndes said, he was also anxious that the resolution should prevail, for the reason assigned by a gentleman from Massachusetts (Mr. Eulis) who had stated, that some important facts were involved in the business. That gentleman, and gentlemen on his side of the House, may be acquainted with these facts from the facility with which they are enabled to get information from the executive offices; but are not we entitled to the same information derived from official sources?
The gentleman last up asks for what purpose is this information wanted? Is it intended as the ground of a legislative act? The proper answer to such a question is, that we must have the information first. If the repairs were made to fit the Bercan for the public service, Mr. Lowndes said the expen-
diture was unwarrantable; and if they were made in order to deliver her to the French, he would say, the expenditure was without law. The gentleman from Virginia has said, that he is not disposed to be economical of information, but that his economy would be directed to the expenditure of public money. If so, he ought not to oppose this motion.
Mr. Giles said he had never been disposed to be economical of information. His only object at present was to be economical of an invasion of the executive department. He was not disposed to deny an atom of information that was required to enlighten our minds; and the resolution, as modified by his amendment, would give gentlemen all the information that is proper to be furnished. The gentleman from South-Carolina says he has not the same facility with us of obtaining information; and he immediately goes on to decide on the conduct of the executive, and he says that conduct is not lawful. But on enquiry, it will be found that both the past and present administration believed there was a law which warranted all the steps taken.
Gentlemen were informed yesterday, that the Bercan was purchased under the old administration. This is a fact. It is also a fact that the purchase money was paid out of the contingent fund of the navy department, and that the repairs were made out of the same fund. Gentlemen say they wish to know the purpose, and net the motives of the executive, as if purpose did not involve motive.
It had been truly said, there was no precedent for such a motion. If there were, one, gentlemen would, without doubt, have brought it up. The most notable precedent that bore any application to the present case was that under the British treaty. On that occasion we only asked the President to lay such information before the House as in his opinion might be disclosed without inconvenience to the nation; and yet for this reasonable request we were branded with the reproachful epithet of disorganizers. But now gentlemen, who were then so liberal in their reproaches, call upon the executive to state—not any particular information in his possession—but the purpose for which he did certain acts. Notwithstanding the distinctions of gentlemen, we do understand the English language very differently from them if they do not admit that the term purpose includes in it motive and inducement.
However, if gentlemen will examine the resolution as it stands after striking out the last part of the sentence, they will find that it will give them all the information the President can furnish from which any inferences can be drawn.
Mr. Giles believed the purchase of the Bercan had been made under the old administration; he believed it had also been made out of the navy fund. For what purpose she was purchased was not specified at the time; and it would have been improper if it had been specified. After being purchased, she had been dismantled; and it was to this circumstance that the consequent embarrassment was to be ascribed. The repairs were only such as to place her in the situation she was in when captured. All this information will be derived from the resolution which shall remain, after the words are stricken out which I have moved to strike out. Is not this information enough? Shall we go on and say to the executive, why did you do this or that act? Mr. Giles was of opinion that it would be improper to reduce him to the necessity of refusing our request, which he believed he would and ought to do, as for right to make the request belonged to us. He at the same time declared himself as averse to concealment as any man. He concluded by saying that he was happy to find gentlemen on the opposite side of the House animated by so lively a spirit of enquiry; he hoped they would continue to be animated by the same laudable spirit; as in this way the government would be kept pure. The principle of giving all useful information was that of the present administration, and he trusted it would be extensively practiced, though he was not for carrying it so far as to interfere with the right of the other departments.
Mr. Lowndes. The gentleman has misconceived me. I did not say there was no legal appropriation for repairing the Bercan. This we cannot know until we shall hear with what view she was repaired.
The gentleman says the order to repair was given under the former secretary of the navy. But it is quite immaterial to me and to the House under

what administration it was given. It is possible it might have been given by the late secretary of the navy, and notwithstanding the act of the President, as that officer continued in place for some time under the present chief magistrate. Mr. Bacon required to know what the original resolution could possibly mean? What can the phrase determination refer to? Does it mean after the executive had made up his mind to sign the convention, after he had actually signed it, or after the Senate ratified it? Surely it is so vague and inexplicit that it requires explanation before it is adopted.
Mr. S. Smith said, he did not rise to take a part in the debate; but barely to notice a remark made by the gentleman from Connecticut (Mr. Griswold); a remark, not probably meant to have the effect which it might have, if suffered to pass unnoticed, upon the public mind. He alluded to that part of the gentleman's speech, which put the case of a secretary of the navy building a marine barracks upon his own estate. Let an unintentional impression should be produced by this remark, Mr. S. said he would observe, that no such thing had occurred in relation to the secretary of the navy; and that the site on which the marine barracks were built was in the city of Washington, and had been purchased from the commissioners of the city.
(Debate to be continued)
BRITISH HOUSE OF COMMONS.
FRIDAY, March 5.
AMERICAN TREATY.
Upon the motion for the second reading of the American treaty bill.
General Gascoigne said, although the lapse of time between the first and second reading of the bill, had enabled him to obtain information which had materially lessened his objection to it, there were still some difficulties his mind had been unable to remove—one was, the jealousy with which he viewed every measure that infringed upon the act of navigation—an act, in his opinion, next in importance to the charter under which the country enjoyed its liberty. It was in consequence of that act, the trade of Great Britain had reached its present pitch of splendor—it was by that act this country, notwithstanding the conventions which had shaken the kingdoms of Europe, presented a singular and unexampled instance of wealth, power, and security, arising from the protection afforded to its commerce, and the privileges enjoyed by its merchants. He objected also to the present bill, because he feared it might interfere with other treaties which might be made at the conclusion of peace. The object of this bill was to enable his majesty to take off the countervailing duties in certain cases when Parliament was not sitting. If such a power should be acted upon, the consequence would be, this country would lose the whole of the carrying trade with the West-India Colonies, the produce of which would be brought to Europe in American ships. There was another point, the indemnification to American merchants. He believed there had been a great abuse of this part of the treaty, on the side of the Americans; but as he understood the subject was to be discussed, on a future day, he should not now enter into it. He was sensible the Americans had the advantage of this country by the present treaty, and should the countervailing duties be taken off, the injury would be very serious. He observed, that the number of ships employed by the Americans in the carrying trade had progressively increased, while those of Great Britain progressively diminished. Whether this was to be attributed to the war, the rise of wages, or the price of timber, he knew not; but the fact certainly was as he stated it. With regard to the trade in the article on salt, the regulations in this country increased the difficulties of exporting it, while the Americans had no such impediments to contend with. He remarked that the alteration intended to be made in the American treaty by the present bill, was not in consequence of any overture on the part of the Americans; therefore why do a thing that was detrimental to our commerce, when there was no certainty after it was done the Americans would be actuated by a reciprocal desire of favouring the trade of this country. He had no reason to believe the Americans considered Great Britain exclusively as the most favoured nation with regard to her trade; on the contrary, the same advantages we enjoyed, had been held out to all nations. He understood a treaty had been entered into between America and France, by which American ships, whether manned by American or French sailors, were to be considered the same as French property. It was the duty of the house, therefore, to look with caution before it granted such advantages as would result from the present bill, to our rival in commerce. He then alluded to the prohibitions by Spain and the Batavian Republic, with regard to the importation of British property of the produce of the Colonies in British ships, inferring the great advantages the American trade must derive from such prohibition. At all events there could be no necessity for passing such a bill as this at present, as the Parliament, from the business before it, was likely to sit for several months. He therefore thought it would be infinitely better to defer it till the situation of the trade of the country, and its relations with foreign states, was better ascertained by the conclusion of the definitive treaty with France.
Mr. Vansittart expressed his surprise that the delay between the first and second reading of the bill had not enabled him to remove all his doubts. The arguments in support of the present bill lay within the narrowest compass possible. The trade between the colonies and America was not connected with it at all. With respect to the prohibitions on the part of Spain and the French Republic, he should not now enter upon the subject, as it was impossible to form any accurate judgement till after the definitive treaty was signed—it was impossible till then to know whether the prohibitions would be removed or continued. As to the bill being an infringement of the navigation act, he could not with all the attention he had paid to the subject, perceive the least connection the two bills had with each other. The bill gave America no trade to the colonies that could be injurious to our trade—they were not able to transport to this country any produce but our own. With regard to America having privileges with France, he could not enter into any observations upon that part of the hon. gentleman's argument, because there were no treaties, between France and America which had been communicated to this country in an authentic shape. The regulations the hon. member had referred to respecting salt, were not intended as a restraint upon the exportation of that article, but as a precaution of revenue, and to prevent it from being relanded and sold without payment of the duty. The question of indemnities to American merchants he would not enter into. The grounds on which he proposed this measure, were national faith and general policy; it was in consequence of a relaxation on the part of the Americans, of regulations hostile to this country. After the American war that country long retained a spirit of resentment towards Great Britain, which was manifested by imposing double duties on British goods; but after they had formed themselves into a regular state, one of the first acts of the General Congress had been to repeal those carrying duties, and impose others, in which British ships were as much favoured as those of other nations; it was in the same spirit of national good-will, and in return for advantages this country enjoyed by its treaties with the Americans, the bill had been brought forward to enable his majesty, if certain events should happen, to take off the countervailing duties. He did not think it necessary to enter farther into the subject; he trusted the House would see the propriety of the measure, and give it its sanction.
Dr. Lawrence contended there could be no occasion to enable his majesty to take off the countervailing duties, when parliament had so long to sit, and no overture on the subject had been made by the Americans. He observed, that the Americans possessed many and considerable advantages over the subjects of this country, with regard to the carrying trade, and particularly in consequence of the decision of the court of king's bench, in the case of Maryatt v. Wilson. The advantages held out by that decision were such, that many merchants had left this country and gone to America, with no other view than to obtain them. In order to shew the designs entertained by France against the commerce and the naval greatness of this country, the learned gentleman read some passages from a pamphlet, written by Hautreive, who was under secretary of state, and acting confidentially under Talleyrand, which pamphlet had been industriously circulated all over Europe, and whose object was to strike at the very vitals of our commerce. The doctrines broached by France at different times, appeared to many persons to be nothing more than wild speculations, that ought to be disregarded. But they were afterwards acted upon and carried into effect. One thing was very remarkable in the conduct of France: there was no country, except Great Britain, with which she did not express a wish to enter into a commercial treaty. What was her motive in excluding us? It was in order that, by forbidding the importation of our commodities, she might injure our manufactures, and destroy our navigation act, by entering into a confederation with other powers. A system somewhat similar to this was already attempted to be introduced into America, by persons in that country, who attached themselves to the factions by which France was governed. Upon the whole he would submit, whether there could be any inconvenience in putting off the present bill for a month longer, until accounts should be received from America as to what the country intended to do.
Lord Hawkesbury said, he was sorry to observe, that the learned gentleman who spoke last, had brought forward a great store of knowledge and information for no other purpose than to embar-
ras the question before the house, and draw away the attention of gentlemen from it, rather than make it intelligible. Without intending to throw any reflection on those who supported the bill, he would say, that it was one which no man of common sense, who understood it, could object to. It had nothing whatever to do with the navigation act; an act which he considered as the foundation of our naval greatness, and which he should ever support and defend. The nature of the present bill was this—America, after the conclusion of the war with this country, had laid certain duties on British goods imported in foreign ships, and Great Britain in return had laid other duties on American goods, to countervail those imposed by America. If that country should repeal those duties, we were bound, as a matter of course, to repeal ours. The only question therefore was, whether, after America had, through her minister, notified her intention of taking off these duties, it was not expedient to pass an act for granting his majesty power to suspend the duties here according to circumstances. He was convinced it would be much more convenient for both countries to take off the duties altogether. The learned gentleman had quoted a book in order to shew the hostile disposition of France, as if that had any thing to do with the bill before the house; but it was worth while to consider the time when that book was published: it was in the year 1801. It then came out as a manifesto, accompanying the system of armed neutrality, which was forming against this country. It was at that time, and perhaps might be hereafter, a part of the principle of France to crush the naval power of this country, by supporting that confederacy. He need not call it to the recollection of the house that that confederacy was totally defeated, and that some of the best blood of the country was shed on the occasion. But at the very time when his majesty's government was preparing to affect our national rights, the learned gentleman who, this night, was so fond of recommending vigorous councils, had been the first to advise the house to forbear asserting the rights of the country in the manner they were, and ever would be asserted. The book which he produced on the present occasion was published at that time, but he kept it in his pocket, and never thought proper to bring it forward until the question to which it referred was decided. At the commencement of the late war, he heard it said in that house, that it would completely destroy the commerce of the country; now it was on the other hand asserted, that peace would destroy our commerce. The first prophecy, however, was not fulfilled, and he was not inclined to place any faith in the second. When he looked over different parts of the history of our commerce, although he saw many events of late years to irritate him, he saw nothing from which he could feel any apprehensions for its safety—he feared no attack that could be made against it. The principle of commerce was, that those who could buy the cheapest and sell the dearest, must always have a commercial superiority; and whatever prohibition a country might make against certain commodities belonging to another country, if these goods were wanted, they must find their way in spite of all prohibitions. This observation was clearly demonstrated by experience. Commerce rested on two great sources—capital and credit. In the first of these, no country in the world could rival Great Britain; and in point of punctuality, there was no country that equalled us except Holland, to which quality that country was at one time indebted for her commercial greatness. But this was not the case with France, owing to the national character of the people of that country. There was not that fairness in their dealings which was sufficient to inspire foreign merchants with confidence—and therefore the commerce of the country never became great or extensive. It was owing to this confidence that Great Britain encased her commerce so much; and there was another circumstance in our character which gave us a manifest superiority over the Dutch and all other countries; that was the honour and liberality which our merchants had always observed in their dealings. This circumstance alone was sufficient to throw the balance of trade in our favor, in spite of all the attacks and the illiberality of other countries. The experience of every day taught us, that if this country stood true to herself, she had nothing to fear from any quarter. The strength and resources of the country were sufficient to protect her, and in the national honor and good faith would be found the nation's best hope and best security.
Mr. Wyndham wished to know what occasion was there for the bill before the house, until it was wanted? Why anticipate that which another country might or might not do, just as it pleased? His learned friend had asserted, that the French were plotting the destruction of our commerce; and the noble lord endeavoured to refute this assertion by observing, that one prophecy had failed, and that of course the other must not be fulfilled. Was the country now to understand that prohibitions against the importation of our goods would not stop our
commerce; although the declaration of France had been followed up by positive acts? He could not believe any such thing as that their conduct could do no injury to our commerce. But it was neither our money nor our commerce that could support us in the present crisis. We had to contend against such a power as we never saw since the time of the Romans. It was a dominion of such ambition and magnitude, that when he beheld it, he confided all his confidence in those general topics that had been laid down as the basis of our strength vanished into nothing. The great and uniform support of this country was that proud and martial spirit, that high and dignified sense of honor, which never submitted to any indignities. It was this spirit which had at all times maintained us; and it was the power of our arms, and not the punctuality of our payments, that had raised us so high in the scale of nations. He wished to guard the country against the fatal opinion, that if once its fortune was made she might go to sleep—that once its edifice was erected the scaffolding might be taken down. Viewing, as he did, the dangers which menaced the country, he was very far from feeling despondency: which however he must feel if he was to understand that our wealth alone would be sufficient to carry us through the danger—that our commercial prosperity would bear us up against the domineering power of France. When the noble lord talked of the capital of wealth, he ought to talk of another kind of capital—the capital of dominion. The house would delude itself were it to judge of this from former precedents; and the country must be undone if it trusted to her wealth alone, unsupported by that spirit, vigour, and magnanimity, which at every former period had distinguished the people.
Lord Hawkesbury in explanation said, that the right honorable gentleman who had just sat down, had completely mistaken his statements, in supposing that he ever meant to assert, that commerce and wealth alone were sufficient to sustain the consequence of the country. No man could be more anxious than he was to hold up the national honor as the most valuable treasure the country could possess, and the most essential to the maintenance of its character and prosperity.
The Chancellor of the Exchequer vindicated the reputation and general conduct of his noble friend, and expressed his persuasion that the house would attest, from the experience of his life, that no man would be more unwilling to let down the spirit of the country than he—that no man could such an imputation apply with less justice. It appeared too fashionable of late to pronounce commercial pursuits incompatible with high sentiments of honor and national glory; but it would be recollected by the house, that such an opinion was erroneous in principle, and false in fact; for the experience of the last twelve years, in which we had attained to an unprecedented and unrivalled degree of commercial property, and during which the brilliant conduct of our army and navy sufficiently proved, that the most exalted national spirit was not inconsistent with that propriety, but served to repudiate and to falsify such an imputation. He agreed with the right honorable gentleman on the other side, that the power of France was immense; he would assure him that he was far from contemplating that power with indifference. He would not be charged with apathy on that subject, for he was aware that the power of France was such as to call for the utmost vigilance, exertion, and vigour on the part of this country; but not such as to justify despondency—that he trusted would be kept aloof from the minds of Englishmen.
That high and national spirit which had ever distinguished them, and which was the great conservative of a nation's importance, he had the firmest reliance would uniformly preserve them from any degrading or dejected feeling. They had no occasion to entertain it—if they, as his hon. friend, would continue true to themselves, their strength and resources were fully competent. With respect to the measure before the house, he denied that it was gratuitous on our part, but called for by the overtures from America. It evinced none of that unbecoming conciliation which some gentlemen had described as the attribute of conscious weakness, and nearly allied to meanness. That species of conciliation he should be as strongly disposed to condemn as any member of that house; but he was convinced that this measure partook not of it—its motive was sound national policy—its object to get rid of countervailing duties, which in fact were no equivalents, and which could not be enforced without irritation and injustice. If, as it was stated, that our shipping were excluded from the greater part of the continental ports—an exclusion, however, which could not avail materially against us while we possessed such extensive Indian commerce; yet if such exclusion did exist owing to the war, or if it were to operate in any particular manner after the peace, should not that impel us with additional obligations to cultivate a closer commercial correspondence with America—and that was the purpose of the bill. He was ready to admit that the observations of
the right hon. gentleman (Mr. Windham) were, some of them, very strong, but it did not seem to him that any of them could apply to this bill by legitimate reasoning, or could induce any gentleman who heard him to refuse it his support.
Mr. Nicholls spoke in favour of the bill. The bill was read a second time. On the motion for its commitment.
Dr. Lawrence rose, and entered into a justification of his former conduct, endeavouring to shew that his sentiments had been uniformly consistent.
Mr. O'Hara applauded the policy which dictated this bill, as the hostility of France to this country had been evinced not more by force than by insinuation and adduce. It should be our study to counteract the machinations of those hordes of Frenchmen, who, seconded by the United Irishmen and the disaffected from all quarters of Europe, were striving, by every act and misrepresentation, to prejudice the Americans against us. Such measures as the present were calculated to shew that the disposition and temper of the British Legislature and government were inclined to conciliate, and to be with them on terms of friendship and harmony.
Lord Hawkesbury said, he thought it of importance to state, in consequence of some insinuations which had been thrown out in the course of the debate, that nothing had appeared on the part of the American government towards this country to excite the least sentiment of distrust; but on the contrary, the strongest disposition to accommodate our interests, as far as was consistent with their own, which was the first consideration of all states.
After some further remarks from Dr. Lawrence, the bill was ordered to be committed on Tuesday next.
Adjourned to Monday.
WASHINGTON CITY.
FRIDAY, April 30, 1802.
The conclusion of Mr. Dennis's Speech on the Judiciary System our readers will find in the last page of this day's paper.
The article which we this day publish respecting the meeting of the citizens of Washington at the Great Hotel, was thro' mistake omitted in our paper of Wednesday.
The senate has passed the bill for admitting the North-western territory as a state into the union, with some amendments, which the H. of R. have agreed to.
On Wednesday a petition was presented in the House of representatives from Thomas Cooper, praying a renission of his fine, imposed under the sedition law.
Mr. Griswold moved to reject the prayer of the petition. Mr. Giles moved to postpone the consideration of the petition till the 3d Monday in November.
On this motion a debate ensued, in which Messrs. Giles and Randolph supported, and Messrs. Griswold and Byrd opposed the motion.
The question on postponement was carried by a large majority.
Yesterday Mr. Nicholson, from the committee appointed to enquire into the application of public monies appropriated by law, &c. made a report.
This report is very long, and is accompanied by ample details, which are generalised into a luminous point of view.
We shall as soon as possible, present the whole of this important document to our readers. When presented, the contents will justify their most sanguine expectation; and they will find that the expenditures of public money, made by the late administration, without legal appropriation, or remaining unaccounted for, are immense.
Mr. Randolph from the committee of Ways and Means reported a bill making an appropriation of 2,664,000 dollars, for carrying into effect the convention between the United States and his Britannic Majesty, which was read three times, engrossed, and passed.
In the National Intelligencer of Monday last, in the speech of Mr. Dennis on the judiciary bill, will be found the following words: "The gentleman from Virginia (Mr. Giles) proceeded to state, that there exists in this country, a certain party whose object it has ever been to embrace every opportunity of extending executive patronage, and of serving the executive arm, for the purpose of elevating the constituted authorities above responsibility to the public will; that, with this view they, with that great man at their head (Washington) had recognized, as a favorite maxim, the paradoxical maxim, that a national debt is a national blessing.—My colleague has also observed, that such a party has existed and still does exist, and has endeavoured to enforce the assertion of the gentleman from Virginia. I wish, sir, these gentlemen had been a little more particular and

condescended, instead of dealing in general assertions, to have given us the names, the time when and place where these sentiments have been expressed. But it is well understood that these gentlemen allude to Mr. Hamilton, the first Secretary of the Treasury, and the author of the funding system."
To repel these charges, Mr. Dennis proceeded to quote at considerable length, the Report of Mr. Hamilton, made on the 16th of January, 1795.
Mr. Dennis might have known from experience that the gentlemen to whom he alludes are not in the habit of sacrificing truth to policy; and that what they affirm as fact can be sustained as such. They have not in this instance availed of their usual caution, and invariable regard to truth. This we shall proceed to prove. But it may previously be proper to remark, that the adoption by Mr. Dennis to Mr. Giles of the declaration that gen. Washington was of opinion that a national debt was a national blessing is altogether devoid of foundation. Mr. Giles expressed no such opinion; and the name of Washington is, on this occasion, associated with that of Mr. Hamilton, and the act of one identified with that of the other, as has been done on other occasions, for the purpose of veiling the real sentiments and views of the latter.
We have now before us the report of Mr. Hamilton, made on the 9th of January, 1790, which report was the basis of the funding system. It will not be denied, that in investigating the real opinions and views of Mr. Hamilton, this document , written five years before the one quoted by Mr. Dennis, and before the opinions and views of the Secretary had produced the reaction of public feeling to which they gave rise, and which taught the writer the policy, if not absolute necessity of caution, and indeed partial retraction of what he had advanced; it will not be denied that this document infinitely outweighs the last.
Besides, as appears from the beginning of the report of 1795, General Washington had just invited the attention of Congress "to the adoption of a definitive plan for the redemption of the public debt,"—"to prevent the progressive accumulation of debt, which must ultimately endanger all government."
In obedience to this sentiment, announced by the chief magistrate, and in compliance with the national wishes loudly expressed, and not, it is believed, from any sincere desire entertained by himself, to diminish the debt, Mr. H. discharged the ministerial office of devising a plan therefor.
With these circumstances on his mind, the reader is referred to the following extracts from the report of Mr. Hamilton, made in 1790, wherein will be seen the true development of his ideas. In page 4—5, he says:
"It cannot but merit particular attention, that among ourselves the most enlightened friends of good government are those, whose expectations are the highest [with regard to funding the public debt]."
"To justify and preserve their confidence; to promote the encircling respectability of the American name; to answer the calls of justice; to restore landed property to its due value; to furnish new resources both to agriculture and commerce; to cement more closely the union of the states; to add to their security against foreign attack; to establish public order on the basis of an upright and liberal policy.—These are the great and invaluable ends to be secured, by a proper and adequate provision, at the present period, for the support of public credit."
"To this provision we are invited, not only by the general considerations, which have been noticed, but by others of a more particular nature. It will procure to every class of the community some important advantages, and remove some no less important disadvantages."
"The advantage to the public creditors from the increased value of that part of their property which constitutes the public debt, needs no explanation."
"But there is a consequence of this, less obvious, though not less true, in which every other citizen is interested. It is a well known fact, that in countries in which the national debt is properly funded, and an object of established confidence, it answers most of the purposes of money. Transfers of stock or public debt are there equivalent to payments in specie; or in other words, stock, in the principal transactions of business, passes current as specie.—The same thing would, in all probability happen here, under the like circumstances."
"The benefits of this are various and obvious."
"First. Trade is extended by it; because there is a larger capital to carry it on, and the merchant can at the same time, afford to trade for smaller profits; as his stock, which, when unemployed, brings him in an interest from the government, serves him also as money, when he has a call for it in his commercial operations."
"Secondly. Agriculture and manufactures are also promoted by it: For the like reason, that more capital can be commanded to be employed in both; and
because the merchant, whose enterprise in foreign trade, gives to them activity and extent, has greater means for enterprise."
"Thirdly. The interest of money will be lowered by it; for this is always in a ratio, to the quantity of money, and to the quickness of circulation. This circumstance will enable both the public and individuals to borrow on easier and cheaper terms."
"And from the combination of these effects, additional aids will be furnished to labour, to industry, and to arts of every kind."
"But these good effects of a public debt are only to be looked for, when, by being well funded, it has acquired an adequate and stable value. Till then, it has rather a contrary tendency. The fluctuation and insecurity incident to it in an unfunded state, render it a mere commodity, and a precarious one. As such, being only an object of occasional and particular speculation, all the money applied to it is so much diverted from the more useful channels of circulation, for which the thing itself affords no substitute: In that, in fact, one serious inconvenience of an unfunded debt is, that it contributes to the scarcity of money."
"This distinction which has been little if at all attended to, is of the greatest moment. It involves a question immediately interesting to every part of the community; which is no other than this—Whether the public debt, by a provision for it on true principles, shall be rendered a substitute for money; or whether, by being left as it is, or by being provided for in such a manner as will wound those principles, and destroy confidence, it shall be suffered to continue, as it is, a pernicious drain of our cash from the channels of productive industry."
"The effect, which the funding of the public debt, on right principles, would have upon landed property, is one of the circumstances attending such an arrangement, which has been least adverted to, though it deserves the most particular attention. The present depreciated state of that species of property is a serious calamity. The value of cultivated lands, in most of the states, has fallen since the revolution from 25 to 50 per cent. In those farthest south, the decrease is still more considerable. Indeed, if the representations, continually received from that quarter, may be credited, lands there will command no price; which may not be deemed an almost total sacrifice."
"This decrease, in the value of lands, ought, in a great measure, to be attributed to the scarcity of money.—Consequently whatever produces an augmentation of the moneyed capital of the country, must have a proportional effect in raising that value. The beneficial tendency of a funded debt, in this respect, has been manifested by the most decisive experience in Great-Britain."
"From the above extracts, the reader will learn, 1st, the various effects, expected by the Secretary to flow from funding the debt, all of which are distinct from its ultimate extinguishment; 2d, that those effects are contemplated as permanent; 3d, and that the arguments in favor of funding are drawn from the effects produced in other countries in which the funding systems are permanent.—The inference, therefore, is, that the Secretary desired to establish in the United States a permanent funded debt."
Let us proceed to page 19 of the report. He there says:
"Persuaded as the secretary is, that the proper funding of the present debt, will render it a national blessing; yet he is so far from acceding to the position, in the latitude in which it sometimes laid down, that "public debts are public benefits," a position inviting to prodigality, and liable to dangerous abuse,—that he ardently wishes to see it incorporated, as a fundamental maxim, in the system of public credit of the United States, that the creation of debt should always be accompanied with the means of extinguishment. This he regards as the true secret for rendering public credit immortal. And he presumes, that it is difficult to conceive a situation, in which there may not be an adherence to the maxim. At least he feels an unfeigned solicitude, that this may be attempted by the United States, and that they may commence their measures for the establishment of credit, with the observance of it."
Hence the phrase "that a national debt is a national blessing,"—"the funding of the present debt will render it a national blessing!"—"Mark the expression; the funding (not the payment) will render the debt a national blessing." Further, "he is so far from acceding to the position, in the latitude in which it is sometimes laid down, that public debts are public benefits, &c." It follows that he does accede to the position, when not in the latitude in which it is sometimes laid down, that public debts are public benefits.—But further, he wishes to see it incorporated as a fundamental maxim, "that the creation of debt should always be accompanied with the means of extinguishment." The reader will remark that this solicitude does not apply to the then debt, but to the creation of new debt. It thence follows that the then debt should not be
accompanied with the means of extinguishment.
Such is the theory of the Secretary. What was his practice? He extinguished an atom of debt, while he created more than he extinguished. He funded a debt, with interest immediately payable thereon, clogged by irredeemable restrictions; he funded a large deferred debt (on which interest was not payable till 1800) as a corps de reserve of the mortified interest, and he funded a debt at so low an interest (3 per cent.) as almost to make it "immortal" from the small inducement of the government to pay it.
The following Message was delivered to the two houses on Tuesday.
Gentlemen of the Senate and of the House of Representatives,
The commissioners, who were appointed to carry into execution the 6th article of the treaty of amity, commerce and navigation between the United States and Great-Britain, having differed in their construction of that article, and separated in consequence of that difference, the President of the United States took immediate measures for obtaining conventional explanations of that article for the government of the commissioners; finding, however, great difficulties opposed to a settlement in that way, he authorized our minister at the court of London to meet a proposition that the United States, by the payment of a fixed sum should discharge themselves from their responsibility for such debts as cannot be recovered from the individual debtors. A convention has accordingly been signed, fixing the sum to be paid at six hundred thousand pounds sterling, in three equal and annual instalments, which has been ratified by me with the advice and consent of the Senate.
I now transmit copies thereof to the two houses of Congress, trusting that, in the free exercise of the authority which the constitution has given them on the subject of public expenditures, they will deem it for the public interest to appropriate the sums necessary for carrying this convention into execution.
TH: JEFFERSON.
April 27, 1802. [Here follows the convention, as lately inserted in the National Intelligencer.]
At a meeting of the settled inhabitants held agreeably to public advertisement, on Saturday the 24th of April 1802, at the Hotel, for the purpose of taking into consideration a respectful representation to both Houses of Congress on the unhappy situation in which the inhabitants are placed from the want of an efficient and equitable police; it was agreed to name a chairman and to proceed to a discussion of the best measures for obtaining so necessary an object.
Dr. Cornelius Cunningham was called to the chair, and Thomas Herty chosen Secretary.
After full deliberation it was considered that as the time between the time of meeting and the expected rising of Congress, would not admit of the circulation of a petition, it was,
Resolved, That a committee of three resident inhabitants should be appointed to frame a petition, containing a representation of the inconveniences and hardships to which the inhabitants are subjected, and the great injury and retardment which the city has suffered through the want of municipal regulations, and praying Congress to take the case of the people and the injured interests of the city into their consideration, and to grant such relief as the exigencies of their situation call for.
Resolved, That the committee consist of the Chairman, Mr. Nicholas King, and Mr. George Andrews, and that they be instructed to frame the petition and present the copy thereof, signed by the chairman on behalf of the people, to each house of Congress.
Resolved, That the proceedings be published.
(Signed) C. CUNNINGHAM, Chairman. (Attest) TH. HERTY, Sec'y.
A letter from London, dated early in March, from a source of unquestionable correctness states, that considerable changes in the ministry were in contemplation; Mr. Erskine was certainly to succeed to the honors and emoluments of Lord Kenyon, who wished to retire from his seat in the King's Bench—and, as considerable doubts were entertained in the best informed circles of the success of the negotiations at Amiens, Mr. Pitt and Mr. Fox, were, in the event of an unsuccessful issue, to become the leading characters in the new ministry. These arrangements meet with the cordial approbation of both parties, as the opposition disgruntled with the ambitious views of the French cabinet, and at length convinced that every measure which a regard for the safety and interest of the country could dictate, had been pursued by the late and present ministry, were determined to unite heart and hand in the prosecution of the war should an appeal to arms, again become inevitable.—Balt. Gaz.
New-York, April 26. By a gentleman who arrived here yesterday in the sloop Cato, in 7 days from
Bermuda, we learn, that just before he failed, the Circé frigate, with troops for the garrison, arrived there in a short passage from Jamaica. The news by this frigate was, that there were on the Jamaica station 22 sail of the line, 29 frigates, and a number of sloops of war, including four admirals, one of whom was admiral Mitchell. They had learned at Jamaica, that the French commander in chief, at the Cape, had hung an American captain on suspicion of his intention to supply Toussaint with ammunition.
The brig Mary, Bain, arrived here on Saturday in 35 days from Cowes. We have been favored by a gentleman with the loan of the only file of London papers brought by this vessel, which extends to the 12th March inclusive.—Though seven days later than our last European accounts, these papers contain no intelligence of "great pith and moment." From the articles we have selected (and which comprise every thing worth selecting) our readers will perceive that the English channel fleet, and that for the West Indies (of which Nelson is to have the command) have been considerably reinforced; and that these warlike dispositions have occasioned much anxiety in the minds of the people who are apprehensive, that the negotiations at Amiens will terminate unfavorable for peace, and that hostilities will shortly recommence. It is very probable, however, and some of the best informed politicians concur in the opinion, that these hostile appearances are only a part of that system which the policy of nations has generally adopted previous to the final adjustment of their disputes, and that the preparations for war are only the prelude to a general pacification.
Our next advices from Europe will probably enable us to form a more correct judgment on these mysterious circumstances.
Latest Foreign Intelligence.
From London papers to the 12th March, inclusive, received at the office of the Mercantile Advertiser, by the ship Mary, Bain from Cowes.
LONDON, March 8. The public curiosity in this country is now wholly directed to the state of the negotiation, and from the great activity in naval equipments, some people are inclined to think that its success is extremely doubtful. It is certain that the utmost exertion is employed instantly to send a prodigious fleet to sea. A vigorous press has been exerted; a great force has been ordered to rendezvous at Portsmouth. Nothing less was to be expected with Lord St. Vincent at the head of the Admiralty; and if it should be necessary to act, there is not the least doubt that even the ruins of the enemy's navy would be annihilated.
March 9. On Saturday an Admiralty express was received at Plymouth, directing the Plantagenet and Conquerer, of 74 guns, which were to have been placed on the ordinary establishment, of that port, to be taken into dock, and fitted for commission with all possible dispatch.
The preceding evening orders were received from the Admiralty and victualling board, to prepare, with the utmost expedition, stores and provisions for all the men of war of every description, lying at Cawland Bay and the Sound, for four months; in the execution of these orders, a preference was directed to be given to the line of battle ships; the store-keeper and agent victualler commenced their preparations a few hours after the arrival of the orders; and it was expected that they would be carried into full effect before the end of the present week.
It is certain that about the 20th of February, Joseph Bonaparte quitted Amiens, and went to Paris, to consult with the Chief Consul respecting the negotiation. He spent a whole day at Malmaison; on the 25th he returned to Amiens. On this occasion, no doubt, the whole subject of negotiation would be received; it is still the general opinion in London that ministers have insisted upon bringing the negotiation to a determination one way or the other within a short limited period, and the most active preparations are going on, if necessary, to support the determination.
March 10. Besides the squadrons destined to reinforce our fleets on foreign stations, a channel fleet of 30 sail of the line, including 15 three-deckers, will in the course of a few days put to sea, under the command of admiral Cornwallis; and the North-sea fleet, under the orders of admiral Dickson, which is now receiving supplies of seamen from Sheerness, is also expected to sail before the end of the present week. An official order has been sent to Woolwich for several thousand hammocks to be sent off directly for the equipment of those ships which had been laid up in ordinary to be refitted; and the best bower cables, which since the signing of the Preliminary Treaty, have been discontinued in many of our men of war, are, by order of the Admiralty, to be brought into immediate and general use.
In the House of Commons this day,
one hundred and thirty thousand seamen were voted for the service of two months, from the 25th March to the 25th May.
Policies were yesterday opened in this city, on the ground that no treaty would be concluded; and twenty guineas were taken to pay one hundred if the negotiations at Amiens broke off. Though things are doubtless somewhat critical, we are still inclined to think that there will be a treaty, and probably the steps which have been taken will accelerate its conclusion.
[By Authority.]
AN ACT
In addition to an act, intitled "An Act in addition to an act regulating the grants of land appropriated for military services, and for the society of the United Brethren and for propagating the gospel among the Heathen"
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passing of this act, and until the first day of January next, it shall be lawful for the holders or proprietors of warrants heretofore granted in consideration of military services, or reguler's certificates, of fifty acres, or more, granted or hereafter to be granted agreeable to the third section of an act intitled "An act in addition to an act, intitled an act regulating the grants of land appropriated for military services; and for the society of the United Brethren for propagating the gospel among the Heathen," approved the first day of March, one thousand eight hundred, to register and locate the same, in the same manner, and under the same restrictions, as might have been done before the first day of January last: Provided, That persons holding reguler's certificates for a less quantity than one hundred acres, may locate the same on such parts of fractional townships, as shall, for that purpose, be divided by the secretary of the treasury into lots of fifty acres each.
Sec. 2. And be it further enacted, That it shall be the duty of the secretary of war to receive claims to lands, for military services, and claims for duplicates of warrants issued from his office, or from the land-office of Virginia, or of plots and certificates of surveys founded on such warrants, suggested to have been lost or destroyed, until the first day of January next, and no longer; and immediately thereafter, to report the same to Congress, designating the number of claims of each description, with his opinion thereon.
NATHL. MACON, Speaker of the House of Representatives.
ABRAHAM BALDWIN, President of the Senate pro tempore.
Approved, April 25, 1802.
TH: JEFFERSON, President of the United States.
Great Bargains may be had.
THE subscriber offers for cash, stock of Columbia, or any other bank, or approved notes at 60 days, from 1 to 500 in the city of Washington, situated on squares 144. 175. 226. 227. 255. 256. 257. 258. 259. 291. 293. 323. 348. 349. 377. 378. 457. 459. 490. 491 to 533. And if the same be not disposed of previous to Wednesday the 19th of May, they will be offered at Rhodes's tavern on that day at 11 o'clock, at public sale.
It is unnecessary to make comment as to the situations of this property. It being generally considered among the best in the city; and with respect to title, no dispute whatever exists.
ISAAC POLLOCK.
April 30, 1802. Several houses in this city and other valuable property, near it, will also be sold at very low rates for payments as above, and part of which will be exchanged for a few negroes.
Now Landing AND FOR SALE,
BY the subscriber at his store in Jefferson street, at very reduced prices, by wholesale and retail, for cash, country produce, or approved notes at 60 and 90 days.
  Loaf, lump and brown  Pepper,    sugars,  Nutmegs,    Molasses,  Mace,    Run of different kinds,  Cloves,    Holland gin,  Madder,    Cherry-bounce,  Indigo,    Madeira, Sherry, Lisbon, and Malaga wines,  Fig Blue, Scotch snuff in bottles,    Claret in boxes—of superior quality,  Real Havana segars,    French Liquors,  First quality chewing tobacco,    Hyson, Young Hyson, Imperial and Souchong teas,  Coarse and fine salt,    Coffee,  Shad and Herrings in barrels,    Chocolate,  Hams, Shoulder, and middlings of bacon,    Almonds,  Georgy Cotton,    Raisins,  Portland pitchers,    Prunes,  China Bowls,    Fresh Lucca oil,  Glass ware assorted    Capers,  Sets of tea China;    Anchovies,  Port wine in quarter    Olives,  or bottles,    Lemons,  Patent cheese,    Brown and white soap,  Porter in bottles,    Mould and dipped candles,  Powder, shot, & bar lead    Ginger,  Russia Glue,    Pimento,  Alum,  
And a few dozen very cheap long and short kid and fancy gloves.
B. G. ORR.
April 30, 1802. epf

National Intelligencer.
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES.
SATURDAY, February 26.
DEBATE
On the bill received from the Senate, entitled "An Act to repeal certain acts respecting the organisation of the courts of the United States."
(Mr. Dennis—Concluded)
The gentleman from Virginia (Mr. Giles) has told us that the tenure of good behaviour in the judges, is only restrictive on the executive, because it is an exception from the power previously delegated to the President, of displacing all other officers, at pleasure. Has he shown as the passage in the constitution which gives the President this general power of removal? He first supposes the power to exist by express delegation which is no where to be found, and then makes this an exception from it. But he thinks he finds this power, in the right of the President to commission all officers; and says as he is to judge of the nature of the commission, he will of course commission them during his pleasure. Admit, Sir, that he possesses this power under the constitution, (but the truth is he possesses it under a legislative act) still it is but a constructive power, and the remark of the gentleman from Pennsylvania (Mr. Humphreys), that they make one implication assist another implication, in bolstering up this authoritative claim, remains unshaken. We have been told by my colleague and others, that the legislature possess the same power of creating and putting down courts, and the judges, as of dismissing excise officers, and of changing poll-roads and poll-masters: but these gentlemen wholly forget, that in relation to these, no restriction on the legislative power exists with respect to the tenure of their offices; and on this principle the tenure of good behaviour means nothing, and is no restriction whatever. I have, however, said that our opponents claim not only the prerogatives of a British monarch, but also the omnipotency of the British parliament; and as I think I have proved the fallacy, will endeavour to support the second proposition. Here let me add together the different propositions which different gentlemen have advanced, in favour of their claims to legislative supremacy, and let me then refer to Sir Edward Coke's definition of the extent of parliamentary authority, and I think it will result from the comparison, that there is scarcely any power contained in the one, which is not included in the other. The gentleman from North Carolina (Mr. Williams) says the sovereign power here, as in all other countries it must do, resides in the legislature. The gentleman from Massachusetts (Mr. Bacon) supposes we have the same power over the judges as over any other officer. A gentleman from Virginia (Mr. Thompson) says one congress can undo whatever another has done (notwithstanding a constitutional prohibition to the contrary). My colleague (Mr. Nicholson) says the power of the people is like the sun, original and inherent, and we possess their power as their immediate representatives; and the gentleman from Kentucky has discovered a cure for all difficulties, and with his sweeping clause, tells us congress have the power of providing for the general welfare, and may do, whatever they may choose to declare is for the public good. Now, Sir, I will read to you the definition of the powers of the parliament, and will defy those gentlemen to shew me one of the high and mighty prerogatives inherent in that body, which they do not contend for.
[Here Mr. Dennis read from Black-stone, Sir Edward Coke's definition of the powers of parliament.]
He then proceeded. Shall I be told, Sir, they do not claim the ecclesiastical power? No, Sir, for they are claiming an exemption from all the limitations of the constitution, and converting it into an unlimited power of legislation. Yes, Sir, to complete the catalogue of their unlimited demands, we are told the judges are bound to pocket their oaths, when they are called on, to decide between a law and the constitution, and are bound to yield to the will of congress declared by w rather than the will of the people pronounced through the constitution. That congress, the creatures and agents of the people, are greater and more powerful than their creators, the people themselves. Congress, Sir, are the attorneys of the people, and to them (the people) who are our principals, have not given an unlimited but a special authority to do certain things, and have expressly forbidden them from doing certain other things. We, however, not only do things not within our commission, but something expressly forbidden, and the judges are called on to decide between the people, their principals and us their agents; and we are
told they are bound to decide, in this case, in favor of the usurped authority of the agent. The constitution declares, "congress shall make no law respecting an establishment of religion, &c." Suppose we make a law establishing a national church, and compel persons of every religious denomination to attend that church under a certain penalty. Other sectaries refuse to comply, incur the penalty, and are prosecuted for its recovery. The defendants plead the constitution which is the act of the people and the paramount law, and you lay the courts are bound to convict them. Again, "congress shall make no law abridging the freedom of speech or of the press;" I have though, there is a distinction between the freedom and licentiousness of the press, and that, though a man may publish what he pleases, if it be not wilfully and maliciously false; he be publish what he knows at the time to be false and malicious, in order to stir up sedition, tumults and opposition to legitimate authority, he is an offender and ought to be punished. But suppose, instead of punishing, as did the sedition act, only malicious falsehood; congress in imitation of the directory and Charles the first, should determine to put down all the presses, which they suppose unfavourable to their ambitious views, and declare no man shall publish a newspaper, without a previous licence from an office appointed by the government; and suppose a printer proceed to edit a paper after being refused this licence, and he is prosecuted, are the judges bound to convict? They say they are. Then, Sir, the judges are the creatures of the legislature, and not of the people; and whether they belong to us, or the people, is the question between us. Shall they be our judges, and as in England they are laid to be the mirror which reflects the image of the king, here reflect our image? If so, instead of being a security to the lives, liberties and property of the people, they are to be made the engines of party vengeance, and the efficacious weapons of arbitrary and tyrannic power. Charles had his star chamber, and Roberstpie his revolutionary tribunal, and by the fashion which the forms of justice gave to the indulgence of their wicked and vile propensities, they were enabled to veil the acts of oppression, which their private animosities and adoring views, might prompt them to execute, on suffering innocents. In this country, we may have our Hampdens, and our Sidneys; some great characters, whose resplendent talents; whole pre-eminent virtues, may render obnoxious to the government; and the united rays of legislative and executive indignation may kindle upon them, to what refuge may they fly? Shall I be told, if their estates are confiscated; if legislative attainders should denounce them as traitors to their country; a judiciary the mere creature of the legislature is to protect them? Should they be imprisoned, by the exertion of usurped authority, shall I be told, we have a Habeas Corpus, to bring them and their cause of commitment, before the eyes of the public? Your Habeas Corpus is worse than nothing in the hands of judges, the mere sycophantic minions of legislative influence. T. H. me not, I am winging my flight on fancy's pinions; the constitution has supposed the existence of these abuses, and to say they will not happen is to be wiser than the constitution. Let us, Sir, be more just to that engraved and patriotic convention, which formed that instrument, than to suppose, they meant to guard only against the remoter evils of executive influence, and leave your judiciary to the varying dominance of alternate legislative factions. No, Sir, they had read of legislative attainders, legislative confiscations, and legislative banishments, and therefore declared; "no bill of attainder, or ex post facto law shall be made." Nor were they such mere novices in political science, and the knowledge of human nature as not to know, that these paper restrictions were of little avail, without the practical means of giving efficacy to these declarations. And it was for this purpose that they rendered the judiciary a coordinate department of our government. I can hardly forbear to smile at the ridiculous conceit, when I consider this subject in connection with the constitution of Maryland. That constitution declares, "the independency of the judges is essential to the upright and impartial administration of justice, and a great security to the lives and liberties of the people." Against whom are the judges this security? They answer only against the governor. Who is the governor, and what the extent of his powers? The mere President of a council, who together with himself, are annually chosen by the legislature, and possess scarcely any attributes of Sovereignty; whilst the legislature are invested with almost unlimited power. Now let me ask our opponents, if it be expedient; if it be desirable to any party, that all our political prejudices, our party passions, should mingle themselves in our judicial tribunals; that causes should not be decided, according to their merits but according to the political principles of the litigants. Spies and delators, will swarm around, and hold
inquisitions over your courts; and instead of a lying to the executive as at present for removals of executive officers, a base sycophantic tribe, will assail us with continual applications for the abolition of offices. In a certain cause, a certain judge has abandoned his party and decided in favor of an aristocratic, and has held doctrines incompatible with republicanism; he no longer deserves well of his party, and his office must be abolished, to make room for a more zealous partisan. Such will be the language of your Patriots, and such the result of the principles of the bill before us. We are about to revive the old system; a system which heretofore has been universally admitted to be defective, but which is now discovered to be susceptible of no amelioration. Here, Sir, I cannot but express my own, and I am sure the world will unite in the expression of their astonishment, that they should declare, that in federal Congress, who never did one solitary thing before, which has not called down upon them the reprobation of these gentlemen, should have made on the first experiment, a system involving above all others the most complicated and difficult questions, which is so entirely perfect as that the united republican wisdom of all the departments cannot discover one single amendment. Sir, I cannot believe it, but must suppose that this old system is to be restored, not because it is the most perfect which can be devised, but because it may be more compatible with the views of our opponents to provide for some of their political friends than the one now in existence. It will not do for them to abolish the existing courts, and re-enact them for the purpose of substituting in the place of the present judges, others of their own political principles. This is too bold a measure even for the enterprising spirit of the majority to attempt. But you may restore the old system, and add a few of their friends to the supreme court. But have they answered the objection to that system? Have they refuted the invincible observations of my friend from Delaware, on the oscillation of justice, and the inevitable injury resulting to suitors, from the constant change of judges, with their predilections for, or their antipathies to the varying practice of different states? No, Sir, here little David himself, in the stoutness of his heart, thought proper to shrink from the conflict—Alas! he had now lost both his stone and his sling, found it prudent to fly from the field of battle, and had ample reason to regret his disobedience to the admonition of Saul, for refusing in his eagerness for the combat to bring with him his brazen helmet and his coat of mail. Are they afraid to give this system one year's experiment, left it should refute their calumnies, and demonstrate to the public that these judges whom they are pleased to denominate pensioners, will have business enough and more than they can perform? I will dare predict, Sir, that another session will not have transpired, when they will discover, what every body now perceives, the defects of this very perfect old system, and improve it by the addition of seven new judges.—Can nothing stay the uplifted arm of party vengeance from prostrating our political fabric in the dust? It is in vain that we have with us in opinion the whole choir of Virginia judges, formerly expressed on an analogous occasion; and among these I recognize the names of Pendleton, of Wythe, of Tazewell, of Tucker, of Tyler, and of others, who for the respectability of their legal and political information, are, with our opponents, in high estimation, and all of whom are associated in their political labours with a majority of this committee? It is vain that the nation is divided, and men of all parties, respectable for their information, contemplate this repeal as a vital blow at the fundamental principles of the federal compact; yes, they have commenced the work, and it must be accomplished. It is equally vain that we recommend to them the perusal of Mr. Jefferson's notes on Virginia, in which he deplores that in that state all the powers of the government were resolved into the will of the legislature; that it had been the intention of the framers of their constitution, to keep separate the three departments; but as the judiciary and executive were left dependent on the legislature for subsistence, and some of them for their duration in office, the legislature were duty in the habit of directing them both, in the performance of duties exclusively delegated to those departments. We deplore the circumstance, that by these means there was a consolidation of all power in the hands of the legislature, which, says he, is precisely the definition of despotism. It does not avail us that they are chosen by ourselves, an elective despotism, says he, was not what we fought for. We are to reject, however, all those high authorities and many others, and all those important considerations, in pursuit of British analogies. Sir, there are but two alternatives if we abolish this system.—You must either encircle the number of the judges of the supreme court, in which case no money will be saved, or devolve on state authority the execution of your laws. I have always conceived the greatest improvement of this constitution over the old confederation, consists in its having the capacity to act on individuals and
not on states merely, in their corporate capacity. But we are now to be carried back to that old exploded system, and as we formerly depended upon requisitions for revenue, are now to resort to them for supplies of justice. In case of conflicting laws between the states and the United States, we are to depend on state judges, the dependents of state authority, and the servants of state legislatures.—Here, Mr. Chairman, I find it vain for me to attempt a development of all the different topics which I have upon my notes.—I feel myself greatly exhausted, and I feel for you, Sir, and for the committee. It was my intention to have given a particular detail of the circumstances attending the Presidential election; but I will content myself with a few remarks concerning it, and conclude with these my observations on the bill before you. The gentleman from Virginia (Mr. Giles) has mentioned this subject for reasons apparent to us all, but from his own statement, that perturbation, and these angry passions with which he would peruse us the act of last session was accompanied, were excited long subsequent to the passage of the bill.—He has read to us the journals to shew, that when the bill was returned signed by the President, we were about to proceed to the twenty-sixth ballot.—But the bill had originated and passed this house, gone to the Senate and passed through its various forms, before we commenced that operation, which excited that ill humour and those party feelings which he attributes to that transaction. But that gentleman is under a great mistake in point of fact. Yes, I believe the general idea, during that memorable occurrence, was that we were influenced with all that passion, and irritation, which party zeal, and mutual hatred could inspire, and were tearing each other to pieces, whilst shut up in conclave. Nothing, however, a more remote from the fact. Called on to ballot periodically, and liberated from that rigid confinement to our lists, necessarily in the transaction of our ordinary business, we were at liberty to mix together, indulge ourselves in social intercourse; and since I have been a member of this body, I never saw so much freedom of communication and good nature displayed, by gentlemen of different parties, as prevailed on that occasion. I happened to be one of those who were rendered conspicuous, from having it in my power to decide the vote of a state. From the moment I knew the two candidates, I did not hesitate to decide, that in my opinion, the interests of the nation would be best promoted, in the election of the Vice-President. The friends of these gentlemen had presented them to us as equal in their view, and constitutionally, they were equally favored with the public will. I did believe, there was great doubt, on which side the majority of the people preponderated. Almost all those denominated federalists, I did presume, preferred Mr. Burr, and by adding to them, his particular friends in New-York and elsewhere, it was problematical, at least, whether he had not with him the majority of the community. One gentleman (Mr. Randolph) as alluded to the blank votes, which from certain states, were the evidences of a dereliction of the contest; and has intimated that they were put in, from a fear of responsibility, and for purposes of concealment. That gentleman was at the time applying his observations to the gentleman from Delaware, and it is wonderful he did not perceive, that as he (Mr. Burr) was sole representative from the state, that object would not have been effected. It is a notorious fact, however, that before the ballot, it was known by the whole delegation of Maryland, and of other states who put in the blanks, and to all those who sat in the vicinity of them, that this was the mode in which the contest was to be abandoned. Our reasons for this mode are best known to ourselves. I have no particular objection to explain them, however, had they any application to the subject before us. I will now conclude, though I have not exhausted the observations which I have to make on this subject, and with great cheerfulness resume my seat.
* It was now past six o'clock in the evening.
HATS.
THE Subscriber has received per the General Hunter from Liverpool, an elegant assortment of men, boys, and children's Hats, which he will sell very cheap for cash. ALEX. M'CORMICK. April 21, 1802.
FOR SALE,
LOOKING-GLASSES & FURNITURE. The subscriber respectfully informs the public, that he has just received from New-York various kinds of Looking-Glasses, from 5 to 70 dollars each.—Also card tables, bureaus, &c. of an elegant and fashionable make. He continues to manufacture and sell all kind of ornaments for chimney-pieces, door caps, frontispiece pieces, metal tables, &c. &c. GEORGE ANDREWS. April 14, 1802.
For Sale, A VERY elegant Saddle, Horse, seven years old, paces, trots, and canters, and is in other respects completely broken to the bridle.—For further particulars enquire of Mr. Steele on Capitol Hill, and see the horse at his livery stable. April 26, 1802. For Sale, A NEGRO WOMAN about 38 years of age; she is an excellent Cook, and good washer. For terms apply to the Editor. April 15, 1802. NOTICE. WAS committed to the jail of Washington county, District of Columbia, a negro Man by the name of JESSE, say he belongs to Peyton Wayal of Georgia; is five feet eight inches high, has a scar on each side of his nose, and his back much scarred. The owner of the above slave is desired to come, prove property, pay charges, and take him away; or he will be sold for his fees agreeable to law. DANIEL C. BRENT, Marshal of the District of Columbia. April 14, 1802. VALUABLE LAND FOR SALE. For sale about 4500 acres of land belonging to the estate of Judge Mercer deceased, and situated in the county of Loudoun, on the waters of Goose Creek, about 40 miles from Alexandria and the Federal City. A large portion of this tract is meadow ground, of good quality, and the soil of the high land is well adapted to every species of produce usually cultivated on land similarly situated in the upper country. Such portion of it as remains uncultivated, affords an extensive and excellent range for stock of every kind. One part of this land is one of the most valuable mill sites in the state. The family of water is inexhaustible, and the mill could be erected immediately on the side of the public road leading from Winchester to Alexandria. It is computed that the number of wagons constantly travelling along this road, amount to at least 5 or 600. So that a ready market might always be had here, for a very considerable quantity of grain and hay. 'Tis deemed unnecessary to describe more particularly the many advantages of this tract of land, as it is expected that all persons desirous to purchase, will first view the premises. To accommodate purchasers the whole tract will be divided into lots of 4 or 500 acres each, with as much wood and meadow land as every lot as circumstances will admit. And it is believed that the whole 4500 acres may be laid off into farms of the above-mentioned size, as to leave in each as much wood and meadow land as would be desired. The price and time of payment will be made known by the subscribers. Letters directed to John T. Brooke, Fredericksburg, or to James M. Garnett, Leyton, will be answered without delay. JOHN T. BROOKE, Adm's JAMES M. GARNETT, Feb. 8, 1802. Farming Lands for Sale. THE Subscriber would sell about 1000 acres of the tract of land whereon Dr. John D. Orr at present resides, in the county of Prince William, situated a few miles from the seat of the district Court, and within convenient marketable distance of the Occoquan Mills and Dundry. It is of the best rate quality of soil, is abundantly supplied with wood and water, and has a large proportion of ground which is in a peculiar manner adapted to the growth of timothy grass. Also the tract of land adjacent to the above, late the property of Mr. Thomas Swann of Alexandria, together with about 500 acres of woodland, of the above described tract, making about 1550 acres; the quality and advantages being similar to that. The first-mentioned tract will be conveyed, to the purchaser free from every encumbrance, a considerable payment in hand will be expected, and the lowest price per acre twenty dollars. Possession to be given the ensuing spring, with a reservation of the growing crop of small grain, but the last-mentioned tract will be sold subject to existing leases for short terms of years, under strict covenants guarding against waste and injury of the property, &c. and subject to the purchase money, which will be due for the same to Mr. Swann, with interest, in about 9 years. The payment required in hand is the remainder of the amount, about two thousand pounds; and this price per acre is eighteen dollars. Also the reversionary interest in the Piedmont Tract, situated below the mountain called the Short Hill, in Loudoun county, consisting of several thousand acres, chiefly under leases to the occupants, and forming perhaps the best settlement in Virginia, of the same extent, extremely well watered; improved with the best meadows and orchards, and peculiarly adapted to the use of the Plaster of Paris. This Land will be sold in Lots consisting of one or more tenements, as may best suit purchasers, together with one or more Lots of woodland to be laid off on the S. E. side of the Short Hill for the convenience of any of said tenements that may be scarce of wood. There are several good mill seats upon this tract, which is not more than 25 miles from Alexandria and the City of Washington, and no part of it more than 15 miles from Leesburg. The price per acre will be various, according to the quality and advantages of the Land, and circumstances of the Lessee, but an extensive credit will be given by installments, upon receiving what it may be convenient for the purchaser to pay in hand. It is desired that persons wishing to purchase this property, will signify their intentions before the wood land is laid off. Also two or three small Farms with every requisite convenience for immediate operation, in the counties of Jefferson and Frederick, and at various prices. And several valuable building Lots, situated upon the Pennsylvania Avenue, in the City of Washington; some upon square 73, near the Six Buildings, and some upon square 33; besides other very valuable Lots in that City. Application to be made in person, or by Letter, (post paid) directed to Charlottesville, Virginia, to FERDINANDO FAIRFAX. Shan. Hill, March 5, 1802.