The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-02-22 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1148.
FIVE DOLLARS PER ANNUM,
MONDAY, FEBRUARY 22, 1808.
PAID IN ADVANCE.
SENATE OF THE UNITED STATES.
THURSDAY, FEB. 11.
DEBATE on the bill for the punishment of Treason, and of other crimes and offences against the United States. (Mr. Giles's speech concluded.)
The next question which presents itself for consideration is, how can this further definition be obtained? What department is most competent to it? What is the proper department under the constitution? He said, there can be no doubt but the legislative is the only constitutional and competent department for that purpose.
Mr. G. said, it would be recollected, that according to the interpretation put upon the clause of the constitution first read, it was stated that the power of declaring or ascertaining the acts which would amount to the treason of "levying war &c. and adhering to the enemies, &c." was conferred on the government generally, and not on any department exclusively. — If this position be correct, which appeared to him to be a plain matter of fact, he would now call the attention of the Senate to another clause in the constitution, which he considered directory as to the proper department for exercising this power. The clause he alluded to was in the 8th sec. of the 1st article of the constitution. He would read both clauses together — 3d section 3d. article. — "Treason against the United States shall consist only in levying war against them or in adhering to their enemies giving them aid and comfort" — 8th sec. 1st article. Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the constitution in the government of the United States, or in any department or officer thereof." Now ask the question, is the power of declaring or ascertaining what acts amount to the treason of "levying war, against the United States, or of adhering to their enemies, &c." vested by the constitution in the government of the United States? Answer. It certainly is. What is the proper department for passing all laws necessary and proper for carrying this power into execution? The constitutional answer certainly is, Congress.
If this exposition be correct, and it appeared to him to be self evident, it is no longer a constitutional question, but it is a question of expediency. Is it necessary and proper under existing circumstances to pass such laws? This question has been before answered in part, but would be further examined presently. The clause in the constitution last read has also had a general cabalistical phrase applied to it. It is called "the sweeping clause," and attempts have been made to infer from it, general powers to the government, although he should discard that interpretation; and readily admit, that it confers no power of itself upon the government; it is of infinite importance in adjusting all powers vested in the government and by the constitution. It determines upon the department, in which the ultimate power of the government is vested. The first part of the clause relates to powers previously, and specifically given to Congress. The words are "to make all laws necessary and proper for carrying into execution the foregoing powers." This although extremely proper, is the least important part of this clause; because all necessary and proper means for carrying into execution all the powers specifically vested in Congress, might have been inferred; it was however, perhaps, better to express it, and leave nothing to inference; but the remaining part of the clause is the real operative part of it. The words are "and all other powers vested by this constitution in the government of the United States or any department or officer thereof." The wisdom and foresight of the framers of our constitution, is particularly discernable in this article. They clearly foresaw, that many difficulties might arise in the execution of many of the powers vested in the government of the United States or in some of the departments thereof, which at that time, could not be conceived or imagined; for the purpose
therefore of meeting these difficulties, and insuring the due execution, and administration of the government, this clause was introduced; declaring in effect, that whenever any such difficulties should occur, in relation to any powers vested in the government, &c. Congress should have power to pass all laws necessary and proper for relieving them from such difficulties, and carrying such vested powers into due execution. This clause in his opinion therefore must be considered as also settling all questions amongst the departments, respecting the ultimate deposit of power.
But a formidable difficulty is here interposed. The danger of legislating on this subject. It is said, if Congress should undertake to declare what acts amount to the treason of "levying war, and adhering to the enemies, &c." they may declare acts treasonable not embraced by these definitions and limitations; and supposing they should do so, where is the remedy? In the first place it may be observed, that there is no such supposition warranted by the constitution. The supposition itself, is therefore unconstitutional. The constitution has furnished certain guards against its violation in this respect, as well as in all others. The representatives are chosen at certain short periods; are themselves subject to the same rules of conduct prescribed to others; and take a solemn oath to support the constitution of the United States. It is believed that these guards are sufficient for the protection of the constitution and that the danger of its violation is merely imaginary; but in the next place, this supposition might be answered by another; suppose the judges were to declare certain acts treasonable, which are not embraced by those species of treason defined in the constitution; where is the remedy? The danger in this case appears to be greater, than in the other; and there is no remedy at all; because the judges are irresponsible; except, to use their own language, to God and their own consciences. They are not responsible to the people, who alone possess the ultimate censorial power; whereas their representatives are responsible directly to them at short periods, and the President and Senate indirectly responsible to them at periods somewhat longer. But it can be demonstrated, that the judiciary department under its present organization, is utterly incompetent to the due exercise of this power, as will be clearly seen from the following statement.
The supreme court of the U. States has no criminal power whatever. That power is confined to the circuit courts. There are eighteen circuit courts in the U. S. including the circuit court of Columbia, and excluding all the territorial courts. These courts are composed of 28 judges, and are held at 18 different places without any connection with each other; as far as the opinions of these judges have been ascertained it is believed, that no two of them have concurred as to all the acts which amount to the treason of levying war; the only species that has yet been presented to them for adjudication; the other species "of adhering to the enemies of the U. S. &c." not having yet occurred; the U. S. having enjoyed almost an intermitting state of peace, ever since the adoption of the constitution. If that species of treason should become frequent, a circumstance highly probable, in case of a change in the state of the nation, to a state of war, a similar result may be expected. What prospect of settling principles correctly can we have, if 18 different tribunals should settle the same question in 18 different ways? Yet his honorable friend from New York seems disposed to wait with patience, until some certainty can be established in the usual course of judicial decision, which even in the event of concurring opinions could not happen in a century; and unless there could be some new order of things in that respect, could never happen at all. Instead of certainty in the ascertainment of offences, confusion incalculable must be the consequence.
But let us see what the Chief Justice says upon this subject in his opinions delivered upon the trials at Richmond. "It is true, that in that case after forming the opinion that no treason could be committed, because no treasonable assemblage had taken place, the court might have dispensed with proceeding further in the doctrines of treason. But it is to be remembered, that the judges might act separately, and perhaps at the same time, on the various prosecutions which might be instituted, and that no appeal lay from their decisions. Opposite judgments on the point would have presented a state of things infinitely to be deplored by all. It was not surprising then that they should have made some attempt to settle principles which would probably occur, and which were in some degree connected with the point before them."
"This court is told that if this opinion be incorrect it ought not to be obeyed, because it was extra-judicial. For myself, I can say that I could not light-
ly be prevailed on to disobey it, were I even convinced that it was erroneous, but I would certainly use any means which the law placed in my power to carry the question again before the Supreme Court, for re-consideration, in a case in which it would directly occur and be fully argued."
Here we see the Chief Justice pathetically deploring the consequences of opposite decisions upon the same point, & lamenting his inability to bring these cases before the Supreme Court. For what? He tells us to settle principles, or in other words to prescribe rules for the government of the circuit courts — in which, consists the very essence of legislation. Hence the judicial legislation of the supreme court is to exclude Congressional legislation, but he evidently admits the incompetency of the circuit courts to legislate upon this subject; and unfortunately for the legislation of the Supreme Court, it has no jurisdiction in criminal cases; and therefore, there is no legal mode of bringing the cases before them for the purpose of settling principles, or in other words for the purpose of legislation.
Hence will result all the confusion which the Chief Justice so properly and pathetically deplores. Yes, sir, the uncertainty and confusion resulting from contradictory decisions of your courts upon the doctrine of treason against the U. S. will be such, that no man can know when an act is innocent or guilty; and when his innocence or guilt will very much depend upon the court, before which he may happen to be brought for trial. Our situation will be, probably now is, like that described in England in the time of Henry the 4th, after a great many statutes had been passed, and contradictory adjudications had been made in relation to this same doctrine of treason. In the preamble to the statute of the 1st of Henry the 4th, the situation of the nation, in relation to treason, is thus described: "That no man knew what he ought to know, or to do, or to say, or to speak through doubt of such pains." This, if not now, will inevitably be the case of this country, unless some legislative corrective of the present system be applied. There are also great objections to the forms of judicial legislation; they consist too much in inference, too little in dictum. They want the words "Be it enacted," &c. The judges so blend their reasonings with their inferences, that it requires great legal skill to make the proper analysis. A plain man of the best understanding, could never do it. The enacting clauses are obscured by the preamble. It is like enacting our speeches interspersed with our laws. Take for instance the judicial opinions lately delivered in the U. S. upon the various questions of treason, which have been brought before the courts, and ask yourself this question: Do you understand the doctrine of treason now, better than you did before the opinions were given? Is not the subject rendered more confused and uncertain? Can you tell whether accessory treasons in England are principal treasons in the U. S.? Judge Chase and others say they are. Judge Marshall says they do not know whether they are or not, but his reasoning would go to show that they are not. In the doctrine of treason, this is an all-important question; and if the judges cannot agree, how can plain men settle the question? and why is it that the people should be kept in the dark upon this branch of our penal laws alone? It cannot be on account of the heinousness of the offence, its dangerous tendency towards society, nor its fatal effects to the individual committing it. All these reasons plead loudly in favor of telling the people plainly, what the acts are involving such consequences; that they may take care to avoid their commission.
He then proceeded to examine some further consequences of a different interpretation of the constitution; to which he begged the most serious attention of the Senate. If the judges are to declare what acts amount to treason against the U. S. without any legislative aid; one of two consequences will inevitably result. Either the statutes of England, in relation to these species of treason, the decisions of the English judges thereupon, and perhaps the opinions of some of their elementary writers, will become the law of the U. S. and even immutable or fundamental law; or all acts amounting to treason must be transcribed only on the minds of the judges. Upon the first of these points, let us examine the decisions of the judges themselves.
He would first call the attention of the Senate to a rule of court laid down in the trial of Fries, and found in the Appendix to Tucker's Blackstone, pages 14, 15.
"Judge Chase on the subsequent trial of Fries, declared "That the court would admit, as a general rule, of quotations from the English books; not as authorities whereby they were bound, but as opinions and decisions of men of great legal learning and ability. But even then the court would attend carefully to the time of the decisions, and in no case must it be binding on the judges; as this was pronounced as a general rule by the court, and not as the opinion of a single judge, we may consider it now settled, that the English authorities are not binding as precedents; consequently they do not form part of the law of the land, but are to be respected only as the opinions of men of great legal learning and ability, which may nevertheless be canvassed as freely as the opinions of other men. Neither are we bound to suppose, that the framers of our constitution meant to adopt those decisions as a guide to our courts in the interpretation of the definition of treason against the United States."
According to this decision, English authorities are to have no binding influence on the courts, but are to be respected as the opinions and decisions of men of great legal learning and ability.
Let us now turn to the decision of the Chief Justice at Richmond with this same rule of court before him. It is suggested to have been before him, because this celebrated treatise of judge Tucker upon the doctrine of treason, was referred to in the same decision, and almost the whole of the Chief Justice's reasoning upon accessory treasons was drawn from it.
"What is the natural import of the words "levying war"? And who may be said to levy it?" Had their first application to treason been made by our constitution, they would certainly have admitted of some latitude of construction. Taken most literally, they are perhaps of the same import with the words raising or creating war, but as those who join after the commencement are equally the objects of punishment, there would probably be a general admission, that the term also comprehended making war, or carrying on war."
"But the term is not for the first time applied to treason by the constitution of the U. States. It is a technical term. It is used in a very old statute of that country, whose language is our language, and whose laws form the substratum of our laws. It is scarcely conceivable that the term was not employed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it. So far as the meaning of any terms, particularly terms of art, is completely ascertained, those by whom they are employed must be considered as employing them in that ascertained meaning, unless the contrary be proved by the context. It is therefore reasonable to suppose, unless it be incompatible with other expressions of the constitution, that the term "levying war" is used in that instrument in the same sense in which it was understood in England & in this country, to have been used in the statute of the 25th of Edward 3d, from which it was borrowed."
"It is said that this meaning is to be collected only from adjudged cases. But this position cannot be conceded to the extent in which it is laid down. The superior authority of adjudged cases will never be controverted. But those celebrated elementary writers, who have stated the principles of the law, whose statements have received the common approbation of legal men, are not to be disregarded. Principles laid down by such writers as Coke, Hale, Foster, and Blackstone, are not lightly to be rejected."
It cannot escape observation that the chief justice here expressly lays it down, that the laws of England in relation to these species of treason, form the substratum of our laws, from which figurative expression, is evidently inferred an undeniable declaration on the part of the judge, that the laws of England, in these respects, are the foundation (substratum) of our laws; or in other words the fundamental immutable laws of the U. S. and of course in their essential operation, a part of the constitution of the U. S. But the chief justice goes further, and declares that the decisions of the English judges form a part of these fundamental laws, and even the principles in relation thereto laid down by their celebrated writers, are not to be disregarded.
It is hardly to be presumed, that before this declaration, it had ever entered into the imagination of any man, that our constitution was composed of such materials. If it be the case however, it is devoutly to be wished that these laws, decisions, and principles of elementary writers should be collated, printed and annexed to our constitution as legitimate parts thereof; and if Congress are to be excluded from all participation in the exercise of this authority, the supreme court could not render a greater service to their country, than to make the collation with all convenient dispatch, for the information of Congress; and still more, for the people at large. But, Sir, are there no objections to these substrata of our laws? On no one subject of jurisprudence in G. B. have there been such monstrous perversions of justice, and such passionate, and contradictory decisions, as on the doctrine of treason, and why? Because they have been at most always made in violent and troublesome times, and generally after bloody contests for the crown. If his interpretation of the constitution should be deemed incorrect, rather than hold some of his most important rights upon substrata like these; he had thought of preparing an amendment to the constitution to authorise Congress to declare what acts should amount to treason against the U. S. But in reflecting upon that subject, he found the 3d sec. of 1st article of the constitution as good a provision for that purpose as could be drawn by way of amendment, and he begged gentlemen to reflect upon it, and see whether they could prepare a better, to wit: "Congress shall have power to pass all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the U. S. or in any department or officer thereof."
But, Sir, let us now discard this doctrine of the chief justice, and take up the rule laid down by the court on the trial of Fries. That the British laws, decisions, and elementary principles, are not the substrata of our laws on the doctrine of treason; but merely entitled to certain respect in guiding the courts to correct decisions; I would then ask where is the doctrine of the treason written, if our laws of treason are not taken from these sources, where are they written? No where, unless on the minds of the judges. Sir, there are great objections to this sort of transcription: first, the transcript will be different on the mind of every different judge — 2d, it may be different upon the mind of the same judge at different times and under different circumstances. The retina of the human mind is not fit parchment for the transcription of laws. It is too much like changeable silk. It may vary its complexion, especially when held up to political sunshine. He begged the Senate to take a view of the judicial proceedings, which had taken place in the U. S. in relation to this subject. Without pretending to go minutely into the examination of the evidence before the courts on the trials of Fries, and the late trials at Richmond, a general view of the different results of these trials had always appeared extraordinary to him. Fries and other ignorant Germans, from a very limited district of country, being hostile to an act of Congress, assembled themselves, and with arms forcibly rescued some persons from the custody of the marshal of Pennsylvania; the prisoners not being charged with treason, and as soon as the rescue was effected, returned peaceably to their homes, and it is believed never after assembled in arms for any other purpose. This was considered by the court as unquestionable treason against the U. S.
The transactions disclosed on the trials at Richmond, seemed to be of a very different character. It appeared there, that a design to dismember the U. S. by force, and to establish a separate government, in the part thus separated, and also to seize upon, and include in such government some of the territories of Spain, had been deliberately formed by the most active, daring, intelligent and enterprising citizens of the U. S. That partizans were engaged to effect this design, extending themselves from the city of New York in the direction of the lakes, and from thence to Orleans, and from Philadelphia, from this place, &c. to Pittsburgh, and in that direction to Orleans; which appeared to be the first object of attack, and from whence further operations were to be determined on. That in pursuance of this design, a number of men with arms had convened at the mouth of Cumberland, with the chief projectors of this enterprise at their head; and entered into a formal capitulation for surrendering themselves to the authority and laws of the U. S. States, after having cautioned the acting officer of the U. S. against compelling them to shed blood in a civil contest by refusing their terms of surrender, and thus urging them to resistance. These transactions, according to the opinion of the court, unquestionably do not amount to treason against the U. S. and the persons committing them ought not even to be committed for trial before the tribunal having cognizance thereof. But the assemblage is described by the judge as demeaning themselves in a peaceable and orderly manner; no act of violence was committed, nor any outrage on the laws practised. There was no act of disobedience to the civil authority, nor were there any military appearances, although the men were drawn up in something like a semicircle, &c. &c. the capitulation, and its accompanying circumstances to the contrary notwithstanding. This circumstance, however, was not thought worth mentioning by the judge in his recapitulation of the evidence.
These judicial results appeared strange to him, and he believed they did to every impartial man in the U. S. He did not mean to infer from these circumstances any thing more than that the highest judicial officers were not exempt from the frailties and feelings of human nature; nor did he mean to use them for the purpose of detracting one atom of independence from the

judges—very far from it. He wished they were more independent than he feared they were. But he entertained a very different opinion of the honorable and dignified character of an independent judge; of a department in some respects dependent; and of a judge, who, forgetting the nature of his office, is perpetually aspiring not only to render his department absolutely independent, but to render it supreme over all the other departments of the government—in the one case he is placed in the elevated and dignified attitude of distributing justice impartially amongst his fellow citizens; in the other, he is reduced to the miserable political intriguer, scrambling for power; for when once this appetite for power is indulged, the sacred mantle of the judicial character will be found but a feeble barrier against its influence. There was nothing in names—it was not material whether they were called judges, or consuls, or censors, once placed power before their eyes, and they would all, with an equal impulse, pursue the means best calculated to attain it. This is human nature; and under such circumstances raise this sacred mantle of the judge, and you will find concealed beneath it strong marks of the frailties common to human nature. Hence this argument derived from the sacredness of the judicial character had but little influence on his mind; and therefore could never be an inducement to him to yield to their claims to ultimate and unlimited powers—even the oaths taken by the judges have been suggested by them, as arguments in favor of their claims to the ultimate power of the government. Without seeming to recollect that their number is seven, and that the same oath is taken by above one hundred and seventy members of both Houses of Congress; and as a further protection of the constitution, Congress is composed of two branches, placed as mutual checks on each other.
He said he would now detain the Senate only a few minutes longer, whilst he made a few observations on the only remaining clause in the constitution connected with this subject. It is the last clause of the 3d section of the 3d article of the constitution in these words:—“The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.” It will be here observed that this clause relates solely to legislative powers although it is classified with the powers of the judicial department. An inference has been drawn from this clause, as the power of declaring the punishment of treason, is expressly given to Congress, it excludes the inference that Congress may also declare what acts shall amount to treason. This however is a mere inference; and if that effect was intended by the framers of the constitution, they would certainly have expressed it—for it is not possible to conceive, if this idea once presented itself to them, they would have left a subject of so much delicacy and importance to mere inference. This clause was evidently introduced with very different views, and so far from its excluding a legislative declaration of the acts amounting to treason, it affords an argument in favor of that construction. This clause like the preceding one is intended both to confer power, and limit its exercise. It gives to Congress the power of declaring the punishment of treason, but limits its exercise to attainder of blood only during the life of the person convicted. But may not Congress, consistently with this clause, apply different degrees of punishment, to different acts of treason? Are there not different degrees of moral turpitude, in different degrees of treason? And how can Congress possibly graduate according to the degrees of moral turpitude, different punishments to different acts, without the power of defining the acts to which such punishments are to be applied? He acknowledged he could not see how it could be done, without such definition. The doctrine of apportioning punishments to crimes, according to the standard of moral turpitude, has always been a favorite one in this country, and very probably, was not without its effect in introducing this clause into the constitution. He said he had done enough however, for his argument, if he had shown that the inference generally deduced from this clause was not warranted by it. He had now presented to the Senate the leading motives with him for introducing the principle of the bill—and if he had occupied more of their time, than was agreeable, he hoped the delicacy, difficulty, and importance of the subject would furnish his apology.
HOUSE OF REPRESENTATIVES.
DEBATE.
On the bill for increasing the military peace establishment of the United States.
WEDNESDAY, FEBRUARY 17.
In committee of the whole, Mr. Tazee in the chair, the bill was read.
[The first section of this bill provides that the President of the U. S. shall be authorised in addition to the present peace establishment, to raise one regiment of infantry, one battalion
the President be authorised in all cases of imminent danger, when in his opinion the defence or safety of the U. States shall require it, to increase the number of men in each company of infantry on the peace establishment of the U. States to 100.
The third section provides for the clothing the cavalry and riflemen.
The fourth and last section provides that the troops shall receive the same pay as allowed to those now in service.]
Mr. CHANDLER said he would call the attention of the House to one single circumstance. If they passed this bill, besides raising these regiments they authorised the President at his discretion to raise an additional number of 2088 men by increasing the number of men in each company now in service, to 100 men. He did not wish to leave this discretion with the President. He was himself opposed to adding any men to the peace establishment. If the emergency required an additional number of men, he would raise them, but not on the permanent establishment. He therefore moved to strike out the second section, to take the sense of the House on giving the President a discretionary power to add to the peace establishment.
Mr. FISK said they had been in session a long time, and done but little towards the purpose for which they were called together. The season was now approaching when the ships of war of a nation with whom we were but one remove from war could ride with safety in our waters, get possession of our harbors, and seize our ships, and here they sat quiet as though no danger existed. In addition to this he was very far from believing that the enterprize which a few months ago had agitated the western country, was quiet: there was, he believed, as much to apprehend from those conspirators now as before they were detected. Gentlemen tell us, said Mr. F. that they are willing to take measures if it should be necessary, but still oppose them when they are presented. Let us not remain inactive, quiet spectators, but take such measures as are proposed. My constituents form a part of the inhabitants of our frontier; we do not fear to meet an enemy, but suffer us to be prepared and ready to meet them. The gentleman says that the bill is objectionable because it authorizes the President to increase the military peace establishment. There is certainly no more danger in this than in authorizing him to call out 100,000 militia; and I believe the gentleman was an advocate for that law, who is now afraid of one or two thousand men. There is no difference whatever in the cases; and it is necessary to give discretionary power in cases of emergency which are within the scope of probability. I hope therefore the section will not be stricken out. In time of peace it would be questionable whether our present force is sufficient, or that proposed too large; and at least, in case of emergency, it will add to our present force two or three thousand men, so as better to guard our most exposed posts. It will be impardonable, not to say criminal, in the House to remain quiet under present appearances; for we have neither assurance of peace, nor evidence which would authorize us to arrest our preparations. I had rather the bill on the table for raising a provisional army had been called up; but as it is under the management of a committee who have not called it up, I hope this will be acted on.
Mr. CHANDLER said he was willing to take up the bill for the war establishment if necessary, and pass it; and would rather do this than add to the military peace establishment.
Mr. VARNUM (Speaker) said they had been called together to provide for defence, and what had they done towards it? They had ordered a number of gun-boats, and appropriated money for erecting a few fortifications. Thus far, said he, we have gone, but no farther. Are prospects any better now than they were when we were called together? Any information that the nation with whom we are at variance is more friendly than she was at the time Congress assembled? I believe not. Whether we have war or not, I believe it expedient to add a small number of men to the peace establishment. Look at the situation of your western country. It is a fact that your posts have been surrounded by savages who have been urged on by civilized nations in the North, and can at any moment attack and scalp your whole garrisons before you can afford any assistance. Is it not prudent to strengthen our garrisons? I think we ought, and the number proposed in the bill will not be too many. I believe it is also necessary to have a larger force than we now have at the mouth of the Mississippi river. It is well known how we have been menaced in that quarter from within and without. Is the aspect there now more promising? Its situation forbids us to draw that conclusion. What would be the situation of our country, if New-Orleans
regain it. These circumstances, even were there not now particular threatenings, would call for an increase of our peace establishment; but while all the nations of Europe are in contest, and we may expect aggression from them in one quarter or other, it is doubly necessary. It may become necessary for you to raise a considerable army. If these troops are now ordered to be raised, it will produce a good effect when we are called upon to raise a larger number. Look at our situation—here we are week after week without taking effectual measures. It has been said that 100,000 militia have been detached and organized ready for service. True, they have been detached to render you six months service, if called upon before the 18th day of April, when the term of service expires; and it would be impossible to get a bill through both Houses, and make a new detachment before that time expires. This is a suitable measure to the times, and I hope the motion of my colleague will not prevail. I hope this bill will pass, and that Congress will set about making another detachment from the militia if necessary, the President not being authorised to do it, and the term of the present detachment expiring on the 18th April next. If we are to do nothing for the defence of the country, or towards putting it in a posture of defence, it would be better for us to adjourn and go home.
Mr. TAYLOR wished that this bill had found its way to consideration sooner than it had. The argument well urged by the gentleman last up of the extent of our territory, and on the tender point of our Louisiana possessions, had immense weight. But there was another consideration of infinitely more importance even than the situation of Louisiana, of that country suspected to have been disaffected, not yet to have tasted sufficiently of the sweets of liberty to appreciate its benefits. What, said he, has the House done this very session? Appropriated a million of dollars for the erection of fortifications. Will the present establishment employed for the purpose of manning the forts heretofore built, be sufficient to occupy the additional fortifications? No. Suppose that the economy and calculations of former legislatures declared the present force to be sufficient—I at once declare that it is not now competent. Reckon up your fortifications, and you will find that on the present establishment there are not men enough to sweep the gang-way, and keep the cannon clean. Erect fortifications without garrisons, and you erect strong holds for the enemy; you lay an embargo with a vengeance. Let them get possession of your strong posts, and they will let us sail when they please, and keep us at home when they please. I had rather that the fortifications of our inlets and harbors should be swept from the face of the earth, than that we should have thus begun a system and made mere patch-work of it. If you have erected fortifications, by which, from want of garrisons you cannot repel a single frigate, or even a few boats from a frigate, instead of doing good, you entail disgrace on yourselves, and mischief to your posterity. It is said indeed that we have militia. Do not gentlemen know that the exercises for fortifications are very different from those of ordinary troops: and militia, who might be able handsomely to display a column, or go through the manual, would do as well in fortifications, as men taken from the back woods and put on board a man of war, would do for sea service. The number of men contemplated in the bill is not sufficiently large I grant. It is a fault. Yet there are sufficient to keep the enemy in check—to keep them out of the fortifications already erected, and if you do not man them you have erected so many strong holds for the enemy. The number is reasonable; it is too little, but such as it is I shall vote for it.
Mr. DAWSON moved that the committee now rise. He was opposed to the bill altogether at this time. After the measures which had this session been taken all looking to war, this was not the time to discuss the peace establishment. If we have war I ask gentlemen what advantage is to be expected from these few men? If we have war, of which we may better judge before we part hence, what necessity for an addition to our peace establishment? We must in that event raise a much larger number of men. A bill already reported goes to raising an army of 15 or 20,000 men. It was my intention not to have called up this bill until we had disposed of the bill for a war establishment, lest the sense of the House should be given on the peace establishment from a contemplation of circumstances calling for a war establishment. If it shall appear probable that we shall not have war, it may be necessary to add to our peace establishment. In my judgment it would not only be wrong, but extremely impolitic to decide on this bill now.
The question on Mr. Dawson's motion for the rising of the commit-
tion for the rising of the committee. He did not approve this going into committee day after day, and rising without doing what the nation expected of them. He expressed himself strongly in favor of the bill. He alluded to the situation of the western country and particularly mentioned the case of a party of the U. States military conveying home an Indian chief, who were arrested in their progress. The present force should be movable by the four winds of Heaven to any one point to make it in any degree efficient. New Orleans, he said, might be taken now; the re-taking of it would cost forty times as much as its preservation for many years.
Mr. KELLY wished for information as to the particular destination of this force, for what specific purpose it was intended, on what information it had been grounded, whether for garrison or field service, or for what service. If he could receive information of the necessity of this and be convinced of its propriety, he should vote for it; otherwise he must vote for the rising of the committee.
(DEBATE TO BE CONTINUED.)
FRIDAY, FEB. 19.
A message in writing was received from the President of the United States, by Mr. Graham in the absence of his Secretary; on the subject of the Ohio road, [to be given hereafter]; and referred to Messrs. J. Montgomery, Jer. Morrow, Lewis, S. Smith, and Stanford.
Mr. POINDEXTER, from the committee to whom the subject was referred, reported a bill concerning the power of the territorial governments; (to take from governors of territories the power of prorogation,) which he moved to be engrossed for a third reading as it could not be amended, & must stand or fall on the principle.
Mr. TROUP objected, and moved that it be referred to a committee of the whole, that being the usual course and this a bill of importance.—Carried, ayes 58.
Mr. VAN DYKE presented a memorial concerning lands granted to the persons who served in the war with France and Great-Britain, by the British king by proclamation in 1763, for which deeds had never been made out; which was referred to the committee of Public Lands.
Mr. LEWIS presented a petition of the stockholders of the Marine Insurance Company of Alexandria, praying that the name of the company be altered to that of the Marine and Fire Insurance Company of Alexandria, and that they be allowed to insure against fire; which was referred to the standing committee on the district of Columbia.
Mr. MORROW moved that the committee of the whole on the bill to amend the 19th section of the act fixing the military peace establishment, be discharged from further consideration of it, and that it be referred to a committee heretofore appointed to enquire what compensation ought to be made to persons who have received wounds in the service of the United States since the revolutionary war. The bill went to the same object, but was not as broad as the resolution which had been by this House referred to a committee—Agreed.
Mr. VAN DYKE called for the order of the day on the unfinished business of yesterday (the resolution calling for information relative to foreign affairs) and on the motion to resume the consideration, there were ayes 27 noes 70.
Mr. BASSET called for the order of the day on the bill concerning public contracts; and called for the yeas and nays on the question to go into committee of the whole on that subject; which being taken, there were for it 50—against it 61.
Mr. GARDNER, (quarter past 12 o'clock,) as the House seemed disposed to do business moved an adjournment—negatived ayes 13.
On motion of Mr. NEWTON, the House went into a committee of the whole by a large majority, on the bill supplementary to the embargo act; Mr. BASSET in the chair.
[The first section of this bill provides that no ship, vessel or boat of any description whatever of the United States which is neither registered, licenced, or possessed of a sea letter, nor any foreign vessel shall be allowed to depart any port of the United States with a cargo to another port in the United States, until bond shall be given, in double the value of vessel and cargo, that the vessel shall not proceed to any foreign port or place and that the cargo shall be relanded in some port of the United States. Provided, that vessels whose employment has been uniformly confined to rivers, bays and sounds within the jurisdiction of the U. States shall be excepted by giving bond to the amount of 300 dollars for each ton of said vessel, with condition that such vessel shall not be employed in any foreign trade during the time limited in the bond.]
The second section provides that
been and shall be confined to rivers, bays and sounds, within the United States, and lying within districts not adjacent to territories, colonies, or provinces of a foreign nation, may be exempted, whether licenced or not, by giving bond in 30 dollars for each ton, of said boat, with condition that it shall not be employed in foreign trade during the embargo.
The third section provides that in all cases where bonds have been given under the embargo laws, the party or parties to such bond shall within four months from its date produce to the collector of the port from which the vessel had been cleared, &c. a certificate of the relanding of the same, from the collector of the proper port, on failure whereof the bond shall be put in suit, &c.
The fourth section provides against exportation in any manner whatever of good the exportation of which by sea is prohibited by the embargo laws; and if any such be exported from the United States, either by land or water, the vessel, boat, raft, cart, waggon, sleigh, or other carriage in which the same shall have been exported, together with the tackle, apparel and horses be forfeited, and the owners of such vessel, boat, &c. as well as the owner of such goods, &c. knowingly concerned in such prohibited exportation, shall each forfeit and pay a sum not exceeding _____ nor less than _____ dollars for every such offence.
The fifth section provides that on the return of any fishing vessel which shall have sailed subsequent to the embargo law, it shall be the duty of the master and mate to take oath that the whole of the fishing fare has been brought into the United States and that no part thereof has been sold on the voyage.
The sixth and last section provides that penalties incurred by this act shall be sued for, recovered, distributed and accounted for, mitigated or remitted as penalties incurred by the embargo law.]
A motion was made by Mr. GOLDSBOROUGH, to strike out the second section, intended to exempt market vessels, &c. from the restriction imposed on boats in the bays, &c. adjacent to foreign territories and which have heretofore evaded the law by crossing the bay, &c.
This motion was supported on the ground that there is a constitutional prohibition to passing such a provision, as the constitution says that “no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another.”
This motion was opposed on the ground of expediency; and that the constitution in contemplating this did expressly warrant the provision, moved to be struck out, inasmuch as the inhabitants of those states adjacent to foreign states now do enjoy an advantage over those which are otherwise situated, by trading with a foreign power in these boats with impunity; and it was to equalize commercial regulations that this section was to be passed.
Motion negatived by a large majority.
Some discussion arising on the sums with which the blanks in the fourth section of the bill should be filled, on motion of Mr. J. MONTGOMERY that part fixing the minimum was struck out, and “not less than 10,000 dollars at the discretion of the court,” inserted, ayes 56.
A motion was made by Mr. ROWEN that the fine should be at the discretion of the jury instead of the court, and negatived, 51 to 36.
Mr. VAN HORNE moved to strike out of the first section, the words “no ship, vessel, or boat of any description whatever, and insert “no ship or vessel” with a view thereafter to strike out the second section. Agreed.
The committee then rose reported progress and obtained leave to sit again.
Mr. ELLPES. It has just been announced to me by a friend that JOHN DICKINSON, a venerable patriot of our revolution, is no more. His attachment to liberty and his exertions in our struggle for independence are recorded on the page of history. His talents, his private virtues, and above all his public services entitle him to those marks of respect which have heretofore been extended to other patriots of the revolution who no longer exist but in the remembrance of a grateful country.
Mr. E. then moved the following resolution which was adopted:
Resolved unanimously, That this House is penetrated with a full sense of the eminent services rendered to his country in the most arduous times by the late John Dickinson deceased; and that the members thereof wear crape on the left arm for one month, in testimony of the national gratitude & reverence towards the memory of that illustrious patriot.
SATURDAY, FEBRUARY 20.
Mr. J. MONTGOMERY presented a memorial of the officers of the navy of the United States

when unemployed may receive their rations in addition to half pay: that a provision may be made for widows and orphans, similar to that now made for those of the officers of the army; that compensation to masters commandant and midshipmen, be increased—Referred to a select committee. Mr. Basset called for the order of the day on the bill concerning public contracts—Negatived, ayes 27. Mr. Cook—same motion on the bill for extinguishing debts due from the U. S.—Ayes 32.
On motion of Mr. Newton the House took up for consideration the report of the committee of the whole on the bill supplementary to the embargo law. The question having been put on an amendment to the 2d sect. as follows: but nothing contained in this section shall compel the Secretary of the Treasury to require a bond for boats under five tons, if in his opinion there exist no urgent necessity for taking the same.
It was amended on motion of Mr. Bacon by striking out the words in italics, and inserting the following: Provided, however that the Secretary of the Treasury be and he is hereby authorized to dispense with the requirement of any such bond. A motion was made by Mr. Goldsboro' to strike out the word five in the amendment, and insert ten—Negatived, ayes 23.
Mr. D. R. Williams in some observations to show the hardship of the obligation negatively required by this amendment, that all boats under five tons should give bond or not, at discretion of the Secretary of the Treasury, remarked, that although he was not here when the embargo law passed, if he had been, he should have voted against it, conceiving it a premature measure; but now it was imposed, now the nation had lifted its hand, he thought it proper to support it. He said this much, lest it should be supposed that he had a disposition to loosen the grip of the embargo; he would hold on it till death, or till it should be ascertained whether or not it would answer the intended purpose. There could not be a man in the House but who was determined to hold on to the embargo as a national measure, but it could not be expected that the nation would submit to it, if they imposed such extreme and harassing regulations as to prevent any boat from sailing from a plantation to market, &c. without giving bond. Mr. W. then made some forcible remarks to show the peculiar situation of the South Carolina planters, some of whose boats carried 600 bales of cotton, and could not sail to Charleston with produce, though only a few miles, without giving bond.
Mr. Taylor replied to the gentleman, his colleague, just sat down. In the course of his observations he remarked that in South Carolina, in a single hour he could, by making a contract with planters, deliver to a vessel in waters deep enough to receive a vessel of 500 tons burthen, a complete freight. Their canal or bay boats might be manned and loaded altogether by black people, and conveyed down the bay to a vessel lying far out of the reach of custom house officers, without the knowledge of any person who could be introduced as evidence in a court of justice; thus, in a very short time could 10 or 15,000 bags of cotton be exported. As to the provision itself Mr. T. believed that their constituents would not murmur at the provisions intended to render the embargo more effectual; they would not strain at the nat when they had swallowed the camel.
Mr. J. Clay read an amendment which would be found to do away all objection and answer the ideas of all gentlemen, which he would propose if the present amendment were rejected.
Mr. D. R. Williams avowed his concurrence with the amendment which the gentleman had read, as it would remove his objections.
Mr. Trout, in some remarks in favor of a restriction, observed that he had always thought the measure of the embargo was the best for our situation that could have been devised, and had no doubt that if that measure had been followed up by a pertinent system of defence, it would have produced an honorable peace even by this time. For the same reason he wished the embargo to be rendered effectual. If the bill were passed without some restriction of the kind, Savannah would be made the depot of the Eastern and middle states, and thence produce would be conveyed in boats to St. Augustine.
Mr. Newton, in the course of some observations on the amendment, observed as to the general measure of embargo, he had always considered that it would be of advantage to the U. S. in which opinion he had been further confirmed by the late British and French decrees. Mr. N. also acquiesced in the amendment read by Mr. J. Clay.
The amendment was negatived by a considerable majority; and Mr. Clay's agreed to without a division.
A motion was made by Mr. Cook to recommit the bill to a committee of the whole, and negatived—Ayes 32. A motion made by Mr. D. R. Williams to adjourn was negatived, 52 to 27. Mr. Milnor as he said he was unable after the various and contradictory amendments, which had taken place, to say what the bill was, moved to postpone the farther consideration of the bill till Tuesday next, that it might be printed as amended—Negatived, Ayes 19.
Several amendments were offered to the fifth section for the purpose of lessening the burthen of the oath required of the fishermen, and negatived by large majorities. Mr. Bacon moved that the bill be recommitted to the committee of Commerce and Manufactures.
Mr. Alston said when the bill was on its third reading, it might be recommitted if good reason could then be shown.
Mr. Quincy protested against this mode of legislation without intelligence: he had listened with attention & could not precisely comprehend the whole extent of the operations of the bill.
Mr. Alston in reply observed that the gentleman had so often protested against this mode of legislation, and he had seen it had so little effect on the nation or the House that he was surprised he should persist in it.
Mr. Gardenier in a speech of some length, deprecated this measure, as well as the original embargo law, among many other observations declaring that the House, led on by an invisible hand, was taking part with the Gallic conqueror.
Mr. Bacon immediately withdrew his motion, lest he should be considered as corresponding in sentiment with the gentleman who had just spoken.
Mr. D. R. Williams renewed the motion; and gave reasons in favor of it as also did Mr. Dana.
Mr. Rhea moved that the House adjourn—Negatived 35 to 25. Mr. Livermore advocated the recommitment.
Mr. J. Montgomery, after stating that a serious charge against the character of the House, heretofore rung thro' the newspapers, had been again repeated by the gentleman from N. Y. (Mr. Gardenier) which required a pointed refutation; and after observing that the gentleman should be permitted to substantiate his assertion, in the event of failing to do which some other course might be taken with him, moved to adjourn. Carried, 53 to 23.
[A sketch of the Debate on Mr. Bacon's motion for recommitment hereafter.]
WASHINGTON CITY. MONDAY, FEBRUARY 22.
Extract of a letter from Mr. Lear to Mr. Gavino, dated Algiers, November 2.
"On the 18th of October, a frigate of this place, sailed on a cruise, having as usual the certificates of myself and the other consuls, which had been renewed the day previous to her sailing. On the 28th ult. arrived here a brig, the Violet, of Boston, James Merrick, master, from Oporto, bound to Leghorn, which had been captured by the aforesaid frigate off Minorca, on the 25th ult. and sent in here. The captain, mate and two of the crew came in the brig, with 9 Algerines, and three of the crew were detained on board the frigate.
"Upon enquiring into the cause of this capture, I was informed that orders had been given to the frigate on her sailing, to take Swedish, Danish and American vessels, on account of the annuities which were due from those nations to the Regency, and to take also Imperials and Russians as enemies.
"I claimed the brig, as I had before offered to pay the one annuity due from us in cash, and had received no notice of their intention to make captures (and the other consuls were also totally ignorant of it) but was told that she could not be given up until the one annuity should arrive in stores according to treaty. She remains in the port in charge of the captain and his crew. The captain says he was treated very well, and no pillage or violence offered to his people or vessel.
"Capt. Merrick informs me that a schr. belonging to N. York was captured at the same time, and that he parted with her only the day before he came in here; the bad weather since has prevented her arrival. She was from Belle Isle with a cargo of fish, bound to Leghorn.
"I have done every thing in this business which is proper on my part, with firmness and decision; and I have reason to suppose that they regret their conduct very much. I shall wait the arrival of the schooner before I take any further steps. In the mean time I have assured the government here that this will be considered by us as an act of hostility, and as such will be retaliated on their vessels by any of our ships of war which may meet with them, when it shall be
known that this was not done as an act of hostility, and requested that nothing more might take place until the matter could be adjusted. I shall, as I said before, let it rest until the arrival of the schooner; and in the mean time have seized this occasion to give you this notice to warn our vessels from coming into this sea until further advice; and to request you to forward a copy of this to the Secretary of State (to whom I have not time to write the details at present) and to such other quarters as may be necessary, to warn our vessels against the evil.
"There are now at sea from this place three frigates, two large xebecs of 36 and 22 guns, and two small corsairs of two guns each. The war with Tunis is not yet finished, but seems to be suspended by the return of the troops to this place. They talk however of renewing it after Ramadan, which has commenced this day."
Extract of a letter from Mr. Lear to Mr. Gavino, dated Algiers, December 16.
"Referring to the inclosed duplicate of what I had the pleasure of writing to you on the 2d ultimo, as well as to the circular which I have addressed to our consuls in the Mediterranean, I have only to add that during the fast of Ramadan, no one could have access to the Dey unless on business of the first importance to himself, and that at the end of that ceremony I was attacked by a violent inflammatory fever which confined me to my bed till the day before yesterday.
"This day I had an audience of the Dey, and after discussing the business respecting these vessels, he agreed to receive the annuities due him, in cash, and liberated the vessels which will sail to-morrow to their respective destinations. The people on board them have received no molestation here, nor the vessels or cargoes the least damage, of the schooner we have yet heard nothing, three seamen belonging to her who were brought here in the frigate have gone on board the Eagle, Capt. Shaler."
JOHN DICKENSON, another of our revolutionary patriots, has paid the debt of nature, at a good old age, & full of glory. The various high stations filled by him, and the patriotic duties he discharged, are fresh in the minds of his countrymen. Few men have ever lived that possessed more strength of judgment, miscellaneous knowledge, and cultivation of taste. These high attainments were tempered by an elegance of manners, an habitual eloquence, and a benignity that made him the delight as well as the ornament of society. The infirmities of declining years long since detached him from the busy scenes of life. But in retirement his patriotism felt no abatement. The welfare of his country remained uppermost in his thoughts; and he was as ready, as any of her sons, to make any sacrifice called for by her violated honor. Having viewed men and all their ways with a penetrating eye, he unequivocally avowed his preference for a republican government, and, as far as his voice went, invariably upheld republican men and measures. The existing administration, of course, commanded his constant respect and affection.
Over the ashes of such a man we may weep without the indulgence of immoderate grief. Having passed a long and illustrious life, he has left a name, which will, in future times, be often invoked on the side of principle and virtue.
The inhabitants of Lexington, Kentucky, have given a Dinner to MERTWETHER LEWIS, in testimony of their regard and respect for him. We have not room to insert the oasts drunk on the occasion.
The Military Court of Inquiry has, we understand, during the last week, had several meetings, at which several witnesses, adduced by General Wilkinson, have been examined.
At St. Croix, flour is 16 dollars, beef 13 dollars, and pork 26 dollars a barrel.
A file of London papers to the 17th of December has been received at New York, by which it appears that the Dutch government has passed a decree prohibiting the future negotiation of all bills drawn by or on any of the subjects of Great Britain; and ordering such other restrictions as go to the effectual interdiction of all commercial intercourse, between that country and Holland.
A London date of the 16th says—"A vessel arrived yesterday from Memel, after a very short passage. She brought no intelligence, except some melancholy accounts of the effects of a scarcity, which, it is said, has become general, and is severely felt in every part of the Prussian dominions."
Lancaster, February 16. On Wednesday last, the following resolution was adopted in the Senate of
it passed in the House of Representatives, 41 to 37:—
Resolved, By the Senate and House of Representatives of the commonwealth of Pennsylvania, in General Assembly met, That the Senators representing this state in the Congress of the United States, be hereby instructed, and that the Representatives from this state in the Congress aforesaid, be hereby requested, to endeavor to have the Constitution of the United States so amended, as that the judges of the courts thereof shall hold their offices for a term of years; that they shall be removed by the President of the United States on an address of the majority of the members present of the Senate and House of Representatives of the United States in Congress assembled; and that, on all trials of impeachment, for high crimes & misdemeanors, a majority of the Senate shall be competent to a conviction.
From the Charleston City Gazette, of February 9.
A report was current yesterday in this city, of the death of the King of England, said to have been brought by captain Mandells of the brig Sea-Horse, which left Ramsgate on the 24th of December; who states, that a gentleman arrived that day at Ramsgate, from London, who informed, that when he left the city, the great bell of St. Paul's church was tolling; which circumstance, it is said, does not take place but on the death of some of the royal family; and as the King had some days before, been stated to be indisposed, it was concluded that he had died. London papers of the 15th and 16th, make no mention of his sickness; but, on the contrary, state that he transacted business on the 14th, with the Duke of York.
TRANSLATED FOR THE AMERICAN.
NAPOLEON, by the grace of God, and by the Constitution, Emperor of the French, King of Italy and Protector of the Confederation of the Rhine—
Considering the dispositions decreed by the British government, dated the 14th Nov. last past, which subject the vessels of friendly neutral nations, and also the allies of England not only to the visit of English cruisers, but even to a particular station in England, and to an arbitrary imposition of a certain per centum on their cargoes to be established by the English Legislature:
Considering that by this act, the English government hath deprived of their distinctive national quality (denationalizzato) the vessels of all the nations of Europe; that it is not in the power of any government to suffer an infringement of its independence and rights—all the sovereigns of Europe being conjointly guarantees of the sovereignty and independence of their flags; that if by an inexcusable weakness, which would be an indelible stain in the eyes of posterity, such tyranny were permitted to become a principle and consecrated by use, the English would from thence deduce a claim to establish it into a right, as they have already profited by the toleration of governments, to establish the infamous principle, that the flag does not cover merchandise, and to give to their right of blockade an extension arbitrary and derogatory to the sovereignty of every state: We have decreed, and do decree as follows:
ARTICLE I. Every vessel, to whatsoever nation it may belong, which shall have suffered the visit of an English vessel, or shall have submitted to a voyage to England, or shall have paid any duty whatever to the English government, is, for that reason alone, declared to be deprived of her distinctive national quality, has lost the guarantee of her flag, and has become English property.
II. The above mentioned vessels thus deprived of their national distinction by the arbitrary measures of the English government, are declared to be good and lawful prizes, as well in case they enter our ports, or those of our allies, as also in case they fall in the power of our vessels of war or privateers.
III. The British islands are declared to be in a state of blockade as well by sea as by land. Every vessel of whatsoever nation or whatsoever be her cargo, coming from the ports of England or from English colonies, is a good prize, as contravening the present decree. They shall be captured by our vessels of war, or by our privateers and shall be adjudged to the captors.
IV. These measures, which are but a just reciprocity for the barbarous system adopted by the English government, which assimilates its legislation to that of Algiers, shall cease to have their effect with respect to all those nations, which may succeed in compelling the British government to respect their flag. They shall continue to be in force during all such time as this government shall fail to return to the principles of the right of war, which govern the relations of civilized nations in a state of war.
The dispositions of the present decree shall be abrogated and null in
ment shall have returned to those principles of the law of nations, which are equally the principles of justice and honor.
V. All the ministers are charged with the execution of the present decree, which shall be published, and inserted in the bulletin of the laws.
Given from our royal palace of Milan, the 17th day of December, 1807.
NAPOLEON. By the Emperor and King. The Minister Secretary of State, A. ALDINI.
WASHINGTON'S BIRTH NIGHT BALL. GEORGE-TOWN.
THERE will be a Subscription Ball, on Monday 22d inst. at Semmes Tavern.
Tickets for gentleman to be had at the Bar.
John Mason, W. Bowie, Wm. Stewart, J. K. Smith, J. Peter, E. Riggs, E. W. Williams, S. Moffit,
February 20.
BIRTH NIGHT BALL. THERE will be a subscription Ball on Monday the 22d inst. as no Cards will be sent out, the Ladies who attend the City Assemblies are invited.
Tickets for gentlemen to be had at the bar.
February 17. CITY DANCING ASSEMBLIES. In consequence of the Birth Night Ball, the next Assembly will be postponed to Thursday the 3d of March next.
THE MANAGERS. Feb 17—3
THE COMMISSIONERS APPOINTED under the act of the Congress of the United States, "Authorizing the erection of a BRIDGE over the river POTOMAC, within the District of Columbia" to receive Subscriptions for erecting the same, hereby give notice that the BOOKS of SUBSCRIPTION, will be opened at Stelle's Hotel in the city of Washington, on the 1st Monday in April next, at 12 o'clock at noon, and continue open until 5 P. M. ROBERT BRENT, DANIEL CARROLL, of Duddington, THOMAS MUNROE, JAMES D. BARRY, FREDERICK MAY, SAMUEL H. SMITH, JONAH THOMPSON, JONATHAN SWIFT, THOMAS VOWELL, CUTHBERT POWELL, ELISHA JANNY, CHARLES ALEXANDER.
THE act of Congress authorizes the Subscription of Two Thousand Shares, and requires the payment of Ten dollars on each share at the time of subscription. The residue to be paid in Instalments of Ten dollars at such times as the company shall fix.
BY virtue of a power of attorney to me given by George N. Thomas, I will offer for sale, on Tuesday 3d day of March next, if fair, and if not, the first fair day thereafter, at the Bridge, across the Eastern Branch, and on the south side of the Bridge, three NEGRO MEN, for cash. These Negroes are young and healthy, and one of them is an excellent carpenter.
RICHARD B. GARDINER. February 22—18Mh
THIS is to give Notice, that the Subscriber hath obtained from the Orphans' Court of Prince George's county, in the state of Maryland, letters of administration on the estate of Charles Hodges, late of said county, deceased. All those having claims against the said estate are hereby warned to exhibit them on or before 14th August next, with the vouchers thereto, to the said subscriber, in Upper Marlborough, otherwise they may by law be excluded from all benefit of said estate. All those who are indebted to the said estate are hereby notified that suits will be instituted without respect to persons, if immediate payments are not made.
ALEXANDER H. BOTETER, Admr. February 22—w6t
PUBLIC NOTICE
Is hereby given to all persons who have any demands against Peter Poorbys an insolvent debtor, that the subscriber, assignee of the said Peter, will attend at the House of John Baird, innkeeper, in the town of Hackensack, on Monday the 1st day of August next, at 10 o'clock in the forenoon, for the purpose of examining and ascertaining the debts due from the said Peter to such of his creditors as shall then and there attend and exhibit their demands. The subscriber will also attend at the place aforesaid on Thursday the 1st day of September next at 10 o'clock in the forenoon, for the purpose of making a division agreeably to law, of all such money as shall then have come to his hands, of the estate of the said Peter, of which those concerned will please to take notice.
WILLIAM A. DE PEESTER. Hackensack N. J. Feb. 10th, 1808.
FRESH RAISINS, TEAS, &c. Now landing from on board the schooner CITIZEN, Capt. Sturges from New York, and for sale by
W. & C. SMITH. 50 boxes fresh Muscatel raisins, 30 chests choice hyson, young hyson, hyson skin and imperial teas, 10 quarter casks Lisbon wine, 11 boxes Prussian fig blue. Also just received, 10 puncheons well flavored Antigua rum, 10 pipes cognac brandy, 4th proof, and a small supply of excellent fresh nutmegs.

United States District Court of Columbia, county of Washington, to wit: IN CHANCERY, 9th October, 1807. Benjamin Stoddert and John Mason, versus
Thomas Waters Griffith, John R. Livingston, Jonathan Burrall, Goubaut & Doirey, James C. Montmorence, I. I. Picaud and James Davidson.
THE last stated that the defendant, Thomas Waters Griffith, was the agent of the house of Toney and Simond for the delivery of a cargo of flour belonging to the said Toney and Simond to the French government.
That the French government not being able to pay ready money for the said cargo, the balance due thereon from the said government was placed to the credit of the said Griffith, the agent, instead of being placed to the credit of the real owners Toney and Simond. That the debt so due hath been liquidated under the Louisiana Convention in the said Griffith's name, for the sum of one hundred and ninety thousand, two hundred and seventy dollars, French money of the value of 35,675 dollars.
That the said Thomas Waters Griffith, now residing and for several years past having resided in Baltimore city in the state of Maryland, well knowing all the circumstances mentioned in the complaints said bill, and that the debt aforesaid was liquidated in his name in Paris under the Louisiana Convention was in truth and in fact a debt due to the said complainants as the trustees of Francis Lewis Toney, and Toney and Simond, did execute a writing transferring all the interest of said Griffith in the said debt to the said complainants as trustees aforesaid.
That notwithstanding the above circumstances the said Griffith did employ James C. Montmorence of Paris to receive for his own account and use the aforesaid debt, which actually belongs to the said complainants as trustees aforesaid; and the said Montmorence did actually receive the bills of the ministers of the United States, on the Treasury of the United States in part payment of the said debt in four sets of bills drawn in favor of said Thomas Waters Griffith, and which bills have been fraudulently endorsed by the said Montmorence, with a view as the said complainants believe, to defraud them the said complainants, and under a real or pretended power from the said Griffith and as his attorney to the said I. I. Picaud, who endorsed the same over to John R. Livingston, who has endorsed the same over to Jonathan Burrall, cashier of the Bank of Discount and Deposit at New York, who has endorsed the same over to James Davidson, cashier of the Branch Bank of the United States in the city of Washington who now holds the same for collection.
The complainants further state that four other bills for the balance of the aforesaid claim on the French government liquidated in the name of the said Griffith, but actually belonging to said complainants as trustees aforesaid, have been drawn in favor of Goubaut and Doirey as transferees of Thomas Waters Griffith, for thirty thousand francs French money of the value of 5625 dollars, which said four bills have also been sent to the aforesaid James Davidson, and endorsed over to him for collection in the same manner as in the case of the four other bills first herein recited.
That all the aforesaid eight bills of exchange drawn by the American minister at Paris on the treasury of the United States under the Louisiana Convention for the debt liquidated in the name of Thomas Waters Griffith, are actually the property of said complainants as trustees aforesaid. The object of the said bill is to save and protect the said complainants from the fraud projected against them on the part of the said Thomas Waters Griffith, and his co-adjudicators, and to obtain a writ of injunction directed to all the before-mentioned defendants, &c. and particularly to the said James Davidson, enjoining and commanding him from paying over to any person besides the said complainants the money that may be paid by the Treasury of the United States in virtue of the said bills of exchange, and particularly enjoining the said James Davidson from paying the said money arising from the said bills, or parting with the said bills until the further order of this court in the premises.
It is represented by the complainants that the said Thomas W. Griffith, John R. Livingston, Jonathan Burrall, Goubaut and Doirey, James C. Montmorence, and I. I. Picaud, defendants in this cause all reside out of the district of Columbia and are not within the reach of the process of this court. It is therefore ordered that the complainants cause a copy of this order to be inserted once each week for six months previous to the first Monday in June next in the National Intelligencer, to the intent that the said defendants may have notice of this application and of the object of this bill and to be warned to appear in this court in person or by solicitor on or before the first Monday of June next, to show cause, if any, why a decree shall not pass as prayed.
By order, Wm. BRENT, Ck. December 4—w6m
WAS committed to the jail of Cecil county, on the 2d inst. on suspicion of being a runaway, a Negro Man, who calls himself PHILIP, about 26 years of age, 5 feet 6 or 7 inches high, a very dark complexion; he had on when he was committed a woolen hat, linsey-woolsey jacket and trowsers. He says he was sold by John Tyler, near Frederick Town, to Mr. Crown. The owner of said Negro is requested to come forward, within 60 days and pay all legal costs and charges, otherwise he will be sold out agreeably to law. JO. BAXTER, Sheriff of Cecil county. Elkton, January 20—w9t
CHARLES H. VARDEN, MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia,
A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coatings, black silk Florentines. Likewise an elegant assortment of Spangle and rich silk Molekins for waistcoats with a variety of other articles suitable for the season.
Regimentals and Navy Uniforms made in the most elegant and uniform style of fashion.
Richard Horwell's celebrated patent parallel suspenders far superior to any hitherto in use can be had on the same terms retail as at his manufactory.
Four or five good Journeymen wanted, who will find constant employ. November 27—tf
In pursuance of a deed of trust, dated on the 17th day of June, in the year one thousand eight hundred and three, from Isidore Hardy, of Prince George's county, Maryland, to John Francis Hardy, will be exposed to Public Sale, on the premises, on Tuesday the first day of March next, if fair, and if not, the first fair day thereafter.
ALL those two Tracts or Parts of Tracts or Parcels of Land, lying and being in Prince George's county, called Gardiner's Meadows and Tyler's Advantage, containing 330 acres. These lands are encumbered with the right of dower, and will be sold for cash.
The above tracts of land are situated about 5 miles from Piscataway, in Prince George's county, and are tolerably well improved. A more minute description is deemed unnecessary, as those who wish to purchase will view the premises, either on or before the day of sale.
RICHARD B. GARDINOR, Adm'r of John F. Hardy. January 29—Mar.
AGREAT BARGAIN.
JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridges, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly glowing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—Houses and Lots—Enquire as above.
All kinds of STOCKS bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
Will be Sold at Public Auction, ON the Premises, on Thursday the 25th day of February next, part of LOT No. 4, in Square 78 being 28 feet front, rear the Western Market, and extending back about 147 feet to an alley. There is erected upon this Lot, a good BRICK BUILDING covering the whole front, with a good Kitchen and enclosure, and was formerly occupied by Dr. Butts. As the property is well known, nothing further descriptive is thought necessary. January 25—tf
NOTICE.
IT has been represented to the Secretary of State that John Porter, William Sloane, George Wagner, William Callicut, William Bartlett, John Moore, Clement Rivers, Joseph Pew, Peter Jones, John Troup, Jonathan Stuart, William Wagener, Joseph Mead, and George A. Cope, who call themselves citizens of the United States, have been impressed into the British service, and are detained for want of documents to prove their citizenship. The friends of these men are therefore notified that on their transmitting to the Secretary of State, proof of their citizenship, together with a description of the persons of the above named seamen, measures will be taken to obtain their discharge. Department of State, February 9, 1808.
The Editor of the National Intelligencer, and the Editors who publish the Laws of the Union, in the Seaports, are requested to insert the above three times in their respective Gazettes. February 12—3t
By order of the Orphan's Court of Prince George's county, will be exposed to Public Sale, on Thursday the 18th of February next, at the dwelling house of the late capt. Hezekiah Wheeler,
ALL the Personal Property of the deceased, consisting of Negroes, Horses, Oxen, Sheep, Cattle, and Hogs, Household and Kitchen Furniture, a Waggon and Cart. Part of the above property will be sold under certain restrictions made known on the day of sale. Six months credit, with interest from the day of Sale, the purchaser or purchasers giving bond, with approved security. The sale to commence at 10 o'clock.
HEZEKIAH WHEELER, Executor. January 23—
All persons having claims against the above estate, are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber, on or before the first day of April next; they may otherwise by law be excluded from all benefit of the said estate. H. W.
TUNIS CRAVEN HAS removed his entire stock of DRY GOODS from Alexandria to Washington, and is now opening, at his new Store, between the Marine Garrison and Navy Yard Gate, an assortment equal to any in the District among which are,
Wood's best London cloths, Do. double milled & plain cassimeres, Bennett's cords and velvets, Constitution, Gerrow, hunting, Talgar, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk molekins do. Tolinetts, swansdown do. Plain and figured Marseilles do. Bearskin coatings, Plains, kersseys, halfhicks, Rose and duffel blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Ginghams, silk and cotton chambrays, Furniture Chintz, Cambric and jaconet muslins, India and British book do. India mullmull figured and plain, Plain and figured lenos, Laced cambrics, Elegant tambooured mulls, Grecian robes and Pelisse dresses, 8-4 damask and raw silk shawls, Damask scarfs, Camel's hair and swansdown do. Down scarfs, Long and short lace sleeves, spider & nett sleeves, Extra long and habit kid gloves, Do. do. silk do. Do. do. raw silk do. Cross-barred and plain Mantuas and Intestings,
Persians and Medes, Thread and cotton laces, Lace caps and handkerchiefs, Book muslin and leno cap patterns, 4-4 7-8 Irish linens, Long lawns, linen cambrics, Irish diapers, table-cloths, napkins, Cotton counterpanes, Cambric Dimities, Common do. Furniture do. Ladies' and gentlemen's silk, thread, cotton, worsted, lamb's wool & Angola hose, Gentlemen's pantaloons do. Silk cords and buttons, Ribbons, floss threads, Scarlet and other colored bombazets, Hearth rugs, Russia sheeting, ticklingburg, Osnaburgs, baftas, gurrahs, &c. &c.
ALSO, Imperial and young hyson tea of a superior quality in small boxes, to suit families, or by the pound—Also genuine Havana segars. T.C. is determined to sell on the lowest terms. February 3—tf
ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz.
30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. duck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assignment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—tf
IN CHANCERY, January 25, 1808.
Thomas Beall, of Samuel, Thomas, John, Benjamin, Joseph, and Richard Foster, and Isaac Van Meter, vs. George, William, Richard, Ann, and Sarah Mason, and Jared Hooe, and Elizabeth, his wife.
THE object of the bill filed in this cause is to obtain the conveyance of a tract of land, lying in Allegany county, called The Welshman's Conquest, which Thomas Beall, of Samuel, deceased, contracted to sell to John Foster, by bond of conveyance, bearing date on the 24th day of February, 1787. The bill states that the defendants reside out of the state.
It is thereupon upon motion of the complainants ordered and adjudged, that they cause a copy of this order to be inserted once in each of three successive weeks in the National Intelligencer, in the District of Columbia, before the 27th day of February next, to the intent that the absent defendants may have notice of the present application and the object of the bill filed, and may be warned to appear in this court in person or by solicitor on or before the 27th day of June next, to show cause (if any they have) why a decree should not pass as prayed. True copy. Test, NICH. BREWER, w3t Reg. Cur. Can. February 3.
RUNAWAY.
WAS committed to the jail of Washington county district of Columbia as a runaway, on the 5th inst. a black man who calls himself STEPHEN LOCKERMAN, and says he belongs to John McFadden of Baltimore; he further says that he sailed out of Baltimore in March 1804, with captain Deshan in the ship Margaret, bound to Batavia—he is about 25 years of age, 5 feet 5 inches high, had on when committed, a brown cloth jacket and trowsers, blue striped vest, black hat, fine linen shirt, half boots, and no other clothes with him. His owner is desired to come and prove him and take him away or he will be sold for his jail fees and other expenses as the law directs. CARTWRIGHT TIPPET, Keeper of the jail for Washington Boyd, marshal. February 12—w3t
BURAS AND BEALL, WOOLLEN drapers, men's mercers, and tailors, New Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in that above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality.
N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch. October 23—tf.
TWO ELEGANT PORTFOLIOS.
THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars.
F. A. WASLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
LINDSAY'S HOTEL.
THE Subscriber has taken that well calculated house on the Capitol Hill, Late occupied by Mr. Frost formerly by Mr. Stelle—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant.
GEO. W. LINDSAY, N. B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf.
IN CHANCERY, JANUARY 26, 1808.
Issachar, and Malon Scholfield versus M'Garty, Theodorick and Daniel Fitzhugh, Mary Brent, Henry Lee, and Nathaniel Pendleton.
THE object of the bill is to obtain a decree to foreclose a mortgage executed by Philip Fitzhugh to the complainants for an undivided moiety of the Mills in Prince George's county known by the name of "The Adelphi Mills" and the land adjoining included in said mortgage, or for a sale of the premises for the payment of the debt, also for a sale of the real estate of said Philip Fitzhugh for the payment of his debts.
The bill states that the complainants sold the above property to said Fitzhugh for the sum of 9800 dollars, that the complainants executed to Fitzhugh a deed for the property (which has never been recorded) and obtained from him a mortgage to secure the last sum mentioned; also that exclusive of that debt Fitzhugh is otherwise indebted to them, that Fitzhugh executed a bond for the conveyance of the said property to the said defendant Pendleton, and has since died, leaving the defendants the Fitzhughs, and Mary Brent his heirs at law or devisees of his estate; that Henry Lee the defendant is his executor or administrator, and that all the defendants reside out of the state.
It is thereupon on the motion of the complainant ordered that they cause a copy of this order to be inserted in the National Intelligencer during three successive weeks before the first day of March next to the end that the said defendants may have notice of this bill and of the subject and object thereof and may be warned to appear in this court in person or by a solicitor on or before the first day of July next to show cause if any they there be, wherefore a decree should not pass as prayed. True copy. Test NICH. BREWER, Reg. Cur. Can. February 12—w3t
WANTED a man in the occupation of a SCHOOLMASTER; any person coming well recommended will find encouragement by applying to
THOMAS H. LYLES, RICHARD IRELAND, Jr., THEODORE HODGKIN, MORDECAI SMITH. Calvert county, Feb. 17—3t
FOR SALE.
THE Two story Brick HOUSE, situate on square number 930 in the city of Washington now occupied by Mr. Tunis Craven, as a retail store. The eligibility of this stand for the retail business is excelled by none in this city; being situated on the principal street to the Navy Yard, and very near the Navy Yard Gate. Any person desirous of purchasing the above property may be shown it by applying to the subscriber, who will also make known the terms of sale. Wm. BRENT. Washington city, Dec. 18—wtf
This is to give notice, that the subscriber has obtained from the Orphan's Court of Prince George's county, letters of administration on the Personal Estate of Thomas H. Flaxson, late of Prince George's county, deceased. All persons having claims against the said deceased, are hereby warned to exhibit the same with the vouchers thereof, to the subscriber, on or before the 17th of June next, they may otherwise by law be excluded from all benefit of the said estate. THOMAS G. ADDISON, Adm'r. December 23—w2m
FIFTY DOLLARS REWARD.
RANAWAY from the subscriber on the 10th day of October last a mulatto man named HARRY; he is about 6 feet high, well made, about 28 or 29 years of age, plays the fiddle well; he is a tolerable good carpenter and stone mason, he has a white spot on the top of his head about 2 or 3 inches square, occasioned by a hurt when small; no other mark or scar recollected on him. He had on when he went away a brown broad cloth coat, white fur hat, corduroy pantaloons and waistcoat. It is likely he has altered his name and clothing as he is a cunning fellow, and took plenty of money with him, or at least fifty dollars; he is an easy spoken fellow and generally speaks low, no ways forward or impudent. Any person that will take up said slave and secure him in any jail in the United States, and give information to the subscriber living in Hampshire county, 18 miles from Winchester on the road leading from Winchester, Romney and Morefield, shall receive the above reward and all reasonable charges if brought home. JACOB JENKINS. February 19—3t
THE COLUMBIAD,
BY JOHN BARLOW. THE Lovers of the FINE ARTS need only see it, and they will universally pronounce it the most splendid Work ever published in America. The ENGRAVING of the PLATES alone, cost upwards of 4,000 dollars. A few copies of the above work are received, & for Sale at J. MARCH'S Book-store, Georgetown. February 12—1am1m
A BRICK HOUSE AND LOT FOR SALE.
ON Monday the 3th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in square No. 141. in this city, fronting 16 feet 9 inches on North G. street, and running back 133 feet, with the improvements thereon, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of 35 dollars per annum, and the benefit of a covenant to purchase the fee simple thereof.
On default of payment of three years rent, the subscriber has been put in possession of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold, subject to the conditions of the former case, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled genteel neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Herty, prior to the day of sale. JOSEPH NOURSE. Terms of sale, a negotiable note with an approved endorser, payable 60 days after date.
The Sale of the above Property is postponed until Monday the 14th day of March next, when it will be offered for sale at the hour and place above-mentioned. February 17—tdos
I WISH to SELL, about 20 acres of LAND, adjoining George-town, with the following improvements: a new framed dwelling 40 feet cellar under the whole, 5 rooms and a piazza on the first floor, stone kitchen 18 by 24, a wash house 14 by 16, smoke house, stable and carriage house, also, paled yard and garden, there are a number of young fruit trees beginning to bear, and 6 or 7 acres in clover. I believe this place as healthy as the Alleghany mountain, and perhaps second to none for a country seat; for although about three quarters of a mile from Georgetown market, yet by reason of a deep valley between it and town it is rendered very private, and the road good; the prospect commanding and variegated.
As I wish to improve near the Rope Walk, I would sell this place low. RICH. PARROTT. Georgetown, December 14—wCmh
TWENTY DOLLARS REWARD,
FOR apprehending a certain Young Man who calls himself Leo Young, a man of a dark complexion, about six feet high, stout made, 19 or 20 years of age, says he was raised in the state of Ohio, who engaged himself with the subscriber as an overseer for the ensuing year, he left his plantation last evening, taking with him sundry wearing apparel belonging to the subscriber, viz. 4 shirts, 4 pair of country nit stockings, 2 white neck handkerchiefs, marked T. W. 4 mock-madrass, do. one long blue cloth coat with plain gilt buttons, some small holes in the body near the right armhole, 1 short blue do. lined through with yellow flannel, 1 pair buff colored cassimere pantaloons, 1 pair fancy cord do. took with him at the same time, wearing apparel belonging to Mr. Saml. C. Jones, viz. 1 pair light colored velvet pantaloons, 1 pair dark grey, do. Bennet's cord, 1 pair shoes of a large size, 1 vest yellow cord, 1 pair dark worsted stockings, new. The above reward will be given to any person for apprehending and securing the said thief in any jail so that he may be punished agreeable to law. JOHN WELCH, St. Mary's cv. Ridge Post Office. February 12—2t