The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-02-19 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1147.
FIVE DOLLARS PER ANNUM,
FRIDAY, FEBRUARY 19. 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.
The bill reported by Mr. GILES, for the punishment of treason and other crimes and offences against the United States, was according to the order of the day, considered as in committee of the whole. After having been read by sections from the Chair, some verbal amendments were made to the first section. The words of this member of the bill are as follows:
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons owing allegiance to the United States of America, shall levy war against them, by assembling themselves together with intent forcibly to overturn or change the government of the United States, or any one of the territories thereof, or forcibly to dismember the said United States, or any one of them, or any one of the territories thereof, or forcibly to resist the general execution of any public law thereof, or forcibly to take possession of, or hold any fort, magazine, dock, navy yard, or of any public vessel of the United States, or forcibly to invade or hold any part of the United States, or of the territories thereof, against the authority of the United States, or if any person or persons shall traitorously aid or assist in the doing any one of the acts aforesaid, although not personally present when any such act is done or committed, and being convicted of any one or more of the aforesaid acts, on confession in open court, or on the testimony of two witnesses to the same overt act of treason, whereof he or they shall stand indicted, such person or persons shall be judged guilty of treason against the United States, and shall suffer death.
These alterations having been agreed to, chiefly in the form of the bill, by the transposition of certain words,
Mr. MITCHELL expressed his disagreement to the principle itself of the bill. He questioned whether Congress had authority to act upon the subject. The powers of the legislature were on the crime of treason, limited by the constitution; and it deserved mature consideration whether on the present occasion we were not about to transgress the bounds within which we ought to move. By the 3rd section of the 3rd article of that great charter of our rights and privileges, it is declared that "treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on the confession in open court." Here is the definition of treason in the constitution, that great national instrument, which is the law-paramount of the land, and by which Congress itself must be governed.
The convention of 1787, when devising a frame of government for a free people, well understood the commotions that frequently agitated societies of men claiming the right to speak and to act as they pleased. That sagacious body possessed perfect knowledge from history of the proscriptions and attainders which an overbearing majority were but too prone to pass upon those who differed from them in their preference of one man or measure to another, or who thwarted their views of interest or ambition, of resentment or power. They therefore provided a salutary check upon the will of the Congress itself; thereby guarding against that heat and violence which the collisions of party have been often observed to produce. Thus was a security enjoyed by the minority of the two Houses, and of their adherents and supporters throughout the nation against the exterminating spirit which the majority might feel, and in an evil hour, be tempted to exert.
Such was his understanding of the meaning of this part of the constitution. But the bill before you Mr. President, has a bold and innovating aspect. It ventures into declarations of various actions which shall be deemed to constitute the levying of war . If this proceeding is correct, it will be in our power or in the power of a future Congress, to declare that certain other actions, not specified in this bill, shall also be construed as criminal in the same atrocious degree. And a succeeding legislature may enlarge the catalogue, until constructive
this free and happy country will be disarmed of the shield by which their sages and patriots who devised the present admirable frame of government, intended to protect them, even from legislative injury. And they will be exposed to all the multiplied evils, of treasons declared by Congress; and it may possibly happen in some future time, less auspicious than the present, that the majority of that body may be actuated by passions and stimulated by motives of a sanguinary tendency. We ought to take measures of precaution against such alarming consequences. I feel a strong repugnance to the demolition of established landmarks. I have, said he, a great veneration for these monuments erected by our predecessors. And I fear the enactment of the present bill will be accompanied with the overthrow of one of the most valuable safeguards of the constitution.
He was willing to admit the great uncertainty with which the doctrine of treason was clouded. All our trials for that offence had demonstrated the unsettled condition of the law. But it was by no means certain that this was a sufficient reason for congressional interference. He solicited himself, and he congratulated the Senate and his country, that arraignments for treason had hitherto been few and rare. There had not been time nor opportunities enough to elaborate the ultimate decisions of the law. The human mind did not acquire knowledge by intuition but by experience. The march of the understanding in the investigation of truth was slow. In cases of jurisprudence as well as in every other intellectual research, the advances toward truth were gradual. Case after case must be studiously considered; judgment after judgment must be rendered and revised, and consequence after consequence traced to their terminations. In such a course of proceeding, it might happen, according to the amount of business which occurred, that generation might follow generation, and age succeed to age, before the summa ratio , the high result of reason on the subject, could be attained. According to this method of perfecting the law by practice, many trials for treason would be necessary to make its exact meaning known. And for his own part, he was willing to postpone for centuries this painful mode of delineating the endless number of species and varieties that a legislature could in a day arrange under the generic term of treason.
But why was it necessary for Congress to expound the constitution? Were there not a department of the government, to which the interpretation of the statutes enacted by the two Houses, treaties concluded with foreign nations by the President and Senate, and the great national act of the convention as ratified by the several states was specially intrusted? He meant the Body of the Judiciary, consisting of men selected from the class of citizens, for the express purpose of declaring what the law is. It seemed more orderly and regular to permit the judges to remove the existing obscurity in the law, by the exercise of their professional talents, than to alter by statute a course of investigation which conformed to the true theory of the constitution. It is certain that inconveniences of a serious kind do exist; but had we not better bear them than run the risk of rendering them worse by tampering? It would be lamentable indeed if the remedy we are about to apply should prove worse than the disease. It might perhaps be a fault in him that he regarded the courts of justice with a sort of habitual reverence. He owned that he might be mistaken in viewing the present invasion of their province with a sentiment that alarmed his solicitude while it awakened his sensibility. But so it was; he would not conceal his preference to the tried and settled method of deducing the rules and maxims of the law, through the constituted tribunals.
Mr. MITCHELL said he would state another consideration which was very impressive on his mind. It was the power claimed and exercised by the judges to repeal or nullify statutes by declaring them unconstitutional. Suppose the bill on your table, Mr. President, should pass; and it should afterwards be considered by the judiciary as a statute which the constitution forbade Congress to enact. Would not it be pronounced void, and all proceedings under it be discontinued or dismissed? This then is the dilemma to which we are reduced; if Congress proceeds in the manner proposed by the bill to define treason,
may multiply the species of those offences to any number that may suit the purposes of an infuriated majority, and the courts be compelled to carry those acts into operation, however mischievous or ruinous; or, if statutes which, in the opinion of the judges, militate against the spirit and letter of the constitution, are declared by them to be of no force or effect, we certainly legislate to no purpose. As to the power of deciding on the unconstitutionality of statutes, the courts had, it was well known, exercised it in several instances. Many able statesmen had been induced to believe this was a sound and legitimate employment of their functions. And as the powers granted by the constitution were at present understood and exercised, he doubted whether, even if this bill should ripen into a statute, it would bear the test of judicial scrutiny.
These were imperfect sketches of some of the ideas which he entertained on this important subject. They were uttered in this incipient stage of the debate for the purpose of gaining further information. No one could be insensible of the toil that had been expended by the committee, and more especially by his honorable and learned friend, the Chairman, in preparing it. He wished for a full discussion of this great question; and he entertained no doubt it would be examined with a seriousness worthy so "high an argument".
For the purpose therefore of bringing the subject to a point, and of inviting the supporters of the bill to offer all the reasons they may think proper to urge in its support, Mr. M. concluded by making a motion to strike out the section.
Mr. GILES then rose and delivered a speech substantially as follows:
He said that on a subject of so much delicacy, difficulty and importance, as the one now under consideration, it was natural to expect that the committee who reported the bill, would be called upon to present to the Senate the reasons, which had induced them to introduce the principle, upon which that bill was predicated. That as he considered, each individual gentleman of that committee better qualified than himself to state the general motives operating on the committee, and certainly to state his own individual impressions upon the subject; Mr. G. would confine himself to stating some of the leading motives of his own conduct in introducing the principle reported in the bill.
Mr. G. begged to be indulged with a few preliminary observations; which although not directly in point upon the constitutional question presented for discussion, would ultimately be found to be, not without some bearing upon it.
Mr. G. proceeded to observe, that one great object of every government was the protection of the rights of individuals; and however diversified the forms of different governments may have been at different times they have all, at all times, concurred at least in this one point; that one of the most effectual means of protecting rights is the punishment of wrongs. In the execution of this delicate power, so peculiarly interesting to the governed, different governments have been variously organised as to the manner of executing it. In governments founded on force, the power of punishing has generally been left solely to the will and pleasure of the Executive. In governments founded on consent, the modifications of this power have been various; according to the degree of confidence or jealousy entertained by the people towards their rulers. Modern jurists has extended their political speculations, very far in multiplying barriers for the protection of innocence against possible or presumed oppressions on the part of the government; and it is even now questionable whether they have not extended them so far as to have them practically converted into shields for the protection of guilt; an effect that never could have been intended by the most speculative philanthropists. Indeed it has been seen, that in a nation celebrated for its political intelligence, as well as for its military prowess, the visionary idea was once conceived, of placing the protection of all rights upon the sole basis of the perfectibility of man; but if this political vision was ever attempted to be reduced to practice, it was soon abandoned; because it was found not suited to the meridian of even that gallant nation, who had the credit of the invention. Hence it
in the formation of all governments; and that it ought not to be so limited and restrained, as to destroy its practical energy. The constitution of the United States displays much of this spirit of jealousy against its administrators, and the amendments to it still more, of course they impose many limitations and restraints upon the government in the execution of the power of punishing. This may be accounted for by the circumstances which preceded and gave rise to the constitution, and its amendments. The American revolution was produced by the oppressions of a distant government; and in the formation of all the state constitutions which preceded that of the United States the whole of which was founded upon the fair consent of the people, this natural effect was produced; that in the formation of their own governments, the people transferred a great portion of the jealousies they felt against the rulers of a distant government to the rulers they were about to establish for their immediate government at home. The constitution of the United States although formed some time after the revolution, yet exhibits a great portion of the spirit of jealousy produced by it—and the amendments still more, probably from the passions called into action by the eloquent and animated discussions against the adoption of the constitution itself. The formation and adoption of the constitution of the United States are deemed to be amongst the most wonderful political events, ever presented to the contemplation of the human mind. Considering the cotemporaneous passions excited by the conflicting systems of policy observed by the different states in relation to each other, the strong jealousies existing in relation to real or supposed differences of interest amongst the different states, and highly excited by animated discussions upon great national objects just preceding the calling the convention, the differences of habits, manners, and opinions amongst the people in different parts of the United States, &c. &c. &c. it is wonderful, that a constitution founded on a spirit of mutual concession should be formed so admirably calculated to combine and protect the interest of the whole; and at the same time so peculiarly adapted to the peculiar character, genius and temper of the American people.
In addition to these and many more difficulties the convention were without a model for imitation. They had to solve the new and difficult political problems, of extracting from pre-existing state governments, all powers of a general nature, and of leaving with them the exercise of all powers of a local nature; and these powers, thus selected, were to be so modified and adjusted as to suit the high and jealous temper of the American people. Notwithstanding all these difficulties, it will be found upon the most critical examination of the instrument, that whilst it contains sufficient energy completely to effect the object of its institution, it affords to innocence the most complete protection against the oppression of government, that ever has been devised by any political institution. To effect this great object, it was determined to distribute these general powers amongst three great departments, forming the government of the United States. The Legislative, Executive and Judiciary Departments. Mr. G. said this adjustment had been made with such consummate wisdom and skill, that whenever it had been made his duty to examine the arrangement, his reflections had always resulted in new and increased admiration of the excellency of its provisions. The theory of three distinct departments in government is perhaps not critically correct; and although it is obvious that the framers of our constitution proceeded upon this theory in its formation; yet in the practical adjustment of the departments to each other it was found impossible to carry this theory completely into effect. In the nature of things there can be but two great departments in government; the legislative, whose duty it is to prescribe rules of conduct, or in other words to make laws for the government of the people: The executive, to carry these laws into effect. But as from the imperfection of language, the meaning of the laws is not definitively understood; the judiciary department is introduced to explain the meaning of the laws prescribed by the legislature, to aid the executive in carrying those laws into effect—Hence it is obvious that the judiciary
constitution, the President appoint all judicial officers, and except the judges, all other officers of the courts hold their offices during his pleasure.
Mr. G. observed it was not his intention or wish to legislate into the constitution one scintilla of power not intrinsically contained in the instrument itself; nor by a weak or timid exercise of the powers it does intrinsically contain to paralyse or destroy its energy, and thus to counteract the great objects of its institution—the common defence and general welfare. It will be observed, said Mr. G. that he did not use these terms as conferring on the government any power whatever; but merely as the ends for which the specified powers were conferred; nor did he propose to disturb the distribution of the powers amongst the several departments of the government. He had made these remarks to rescue the constitution from certain absurdities, which had been attributed to it, by the application of certain generic and technical phrases in the interpretation of it, instead of examining its own intrinsic organization. For instance, superficial observers take it for granted, that the three great departments of the government are co-ordinate and independent of each other. It is to be observed, that the words "co-ordinate, independent," are not to be found in any part of the constitution. They are borrowed from the technical phraseology of another country; and do not apply to the constitution of the U. S. at least not without great limitation. If by the word co-ordinate is meant that the judiciary department is equal in dignity, co-ords , it is admitted. If it be meant in point of time, co-ords , it is not the fact. The legislative department pre-existed the judiciary department, for according to the constitution the establishment of the judiciary department was entrusted to the legislative department; and of course that department must necessarily pre-exist the department to be established by it; and the fact is well known to be so. With respect to the word, "independent," as applicable to the judiciary, it is not correct, nor justified by the constitution. This term is borrowed from G. Britain, and by some incorrect apprehension of its meaning there or from some other cause, is applied here to the department itself, instead of the officers of the department. In G. Britain the phrase is an independent judge, not an independent judicial department . According to the English constitution such a phraseology would be absolute nonsense. In this country the terms have been used as synonymous, whereas there is the most palpable difference both in the form and effect of their meaning. An independent department of a government is conceived to be a department furnished with powers to organize itself, and to execute the peculiar functions assigned to it, without the aid, or in other words, independent of any other department. A moment's attention to the constitution will serve to shew that this is not the constitutional character of our judicial department. An independent judge may be defined to be a person who, in the exercise of judicial functions, is placed above temptation in the discharge of his judicial duties, or in other words, a judge who will neither gain or lose any thing by deciding for or against the government, or for or against any individual or number of individuals; or a judge whose salary is fixed, and who does not hold his office at the pleasure of another person.
In England the king is the fountain of honor and justice, and formerly decided upon the meaning of the laws in his own person; afterwards, that branch of executive duties was confided to his commissioners, who were appointed by him, held their appointments during his pleasure, and were dependent upon him for their compensation, until by the statute of 13 of William 3rd, it was declared, that the judges should hold their offices during good behavior; still however their offices were vacated upon the demise of the crown until the 1st of Anne, when it was declared that the offices of the judges should not be vacated until six months after the demise of the crown; and finally by a statute of 1st of George 3rd, the salaries of the judges were fixed, and it was declared that their offices should not be vacated upon the demise of the crown. This statute completely established, what in England is called the independence of the judges . But to infer from this, that the judicial department there is independent of the

with every principle of the British constitution. From these observations it is not to be inferred, that our constitution is precisely analogous to the British in all these respects; but to shew the meaning of the term "independent," in the country from which it was borrowed, and its misapplication to our constitution. It was his wish to discard these technical, generic terms, which rather embarrass than assist us in the correct interpretation of the constitution. It was his wish to examine the instrument, and to deduce our interpretation of it from its own context. For whatever degree of independence is attached either to the judicial department or to the judges themselves according to the constitution, it was his wish should be fully enjoyed by the department or the judges without the smallest abatement; but the constitution, as it is, should be a standard of interpretation, not what it is described to be by general borrowed misapplied phrases.
With this general exposition of the constitution he would now proceed to examine the precise question under consideration. The question is, can Congress declare by law, what acts amount to treason against the United States under the constitution? He said that from the best reflections he had been able to bestow upon the subject, under a strong sense of the duty imposed upon him, he had no doubt but Congress can and ought to do so. And since his reflections he had wondered that he ever had doubted the legislative right. The first clause in the constitution upon which this question arises is in the following words.
"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies giving them aid or comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court."
Mr. G. said that the only reason, which could be deduced from this clause, for excluding Congress from passing all laws, which might be deemed necessary and proper, for carrying into effect the power therein contained, was, that in the distribution of powers, this particular power was classified amongst the judicial powers. But it will be observed that it is not directed exclusively to the judiciary, nor legislative department, and it will also be observed, that some of the powers classified under the judicial department are particularly directed to the legislative department. Hence it may be fairly concluded, that the mere classification of this power with the judicial powers, is not of itself sufficient, to exclude the necessary legislative power for carrying it into effect.
A reason however may be assigned, perhaps not satisfactory to all, for this classification of powers. It is derived from the last part of the clause, which seems to be a limitation to the judicial, as well as legislative department. This part of the clause requires two witnesses, at least, to the same overt act of treason, as indispensable to a conviction; whereas in other criminal cases, conviction may be had according to the ordinary rules of evidence in courts, upon the testimony of one witness. This limitation upon the ordinary rules of evidence in the courts, would of itself have justified the classification of this power according to the constitutional arrangement. Hence it appears irresistibly conclusive, that according to this particular clause of the constitution, the power of declaring what act shall amount to the treason of levying war, and of adhering to the enemies of the United States, is conferred on the government generally, and not on any department exclusively.
This clause must evidently be considered, both as conferring power and limiting its exercise. The word "consist" is the word conferring power, the word "only" is the word limiting its exercise. The word "consist" is directory to the government generally and not to any department exclusively. The word "only" excludes from the whole government the power of introducing all construction or imaginary treasons, and limits its power only to the two species of treason included within that term—to wit, the treason "of levying war" and "of adhering to the enemies of the United States." The word "only" therefore in this clause relates only to the species of treasons embraced by it; and not to any particular acts, which may amount to treason under either of these species. Hence the clear and obvious language of the constitution is this; the government of the United States may declare what acts amount to the treason of "levying war, & adhering to the enemies of the United States;" but it shall not declare any other act whatever treasonable. The reason of this arrangement will be the more obvious, by reference to the doctrine of treason in the country from which these terms are borrowed. In England
there are various other treasons, and many of them constructive; such as imagining the king's death, &c. shewing too much civility to the queen or princesses, &c. counterfeiting the king's coin, &c. &c. The great object therefore of the constitution was to exclude from the government of the United States this whole family of treasons; and the terms used are extremely proper for this exclusion and for the inclusion of the two species only recognised by the constitution.
But it is said treason is already defined by the constitution. Is the fact so? Let the enquiry be made; and also the extent to which the definition goes. "Treason against the United States shall consist only in levying war against them, and in adhering to their enemies giving them aid and comfort." Two species of treason are here defined; but no act amounting to either species of treason is defined. Ask the question, what is treason against the United States? The constitution answers, "levying war against them, or adhering to their enemies." Reverse the question, what is levying war against the United States or adhering to their enemies? The answer is, treason. No act which will amount to either of these offences, is defined. This definition although extremely useful as a guide to the government, is of no practical use to the citizen, because it gives him no information of any act, which amounts to treason; and which, if he commits, he will be guilty of treason, & subject to the highest punishment known to our laws. This knowledge of the nature and tendency of acts is the only knowledge, that can be useful and necessary to the citizen.
It appeared to him wonderfully strange, that offences the most complicated in their nature, the most dangerous in their effects to society, and the most fatal to the individual committing them, which should not be explained to the people, should be locked up in the breast of the judge, and that an attempt to explain them legislatively to the people should be thought to be an alarming invasion of their rights, if not criminal in itself. But if the terms levying war, &c. it is presumed that some gentleman in his place will tell us, what specific acts will constitute the offence: for his part he had paid great attention to the subject, and in the present state of things, he acknowledged himself perfectly incompetent to it. Nor would the difficulties be lessened by a recurrence to all the judicial opinions yet given up the subject. These attempts had demonstrated not only the incorrectness of the supposition, that these treasonable acts were defined; but the indispensable necessity of some legislative definition; for it is believed that no two judges have yet delivered the same opinions upon some of the most essential characters of many of these acts, and if judges themselves should not be able to comprehend, and precisely to fix this constitutional definition, how can it be expected that the people at large can do so? He had always been taught to believe, that one essential characteristic of a free from a despotic government consisted, in giving full information to the citizen of every penal act, and the punishment consequent upon its commission, and is there nothing in the constitution which recognizes this principle, and almost makes it injunctive upon the government? In the 6th article of the amendments to the constitution, most of which may be considered as a bill of rights, I had these words. "In all criminal prosecutions the accused shall enjoy the right to a speedy trial, &c. and be informed of the nature and cause of the accusation." &c. For what purpose should he be informed of the nature and cause of the accusation, if when he is informed of both, he is unable to ascertain by examining the law, whether he has been guilty of any offence or not? And is it not of infinitely more importance to the citizen to know the nature and consequences of any particular act he is about to commit, than to be informed of the nature and cause of his accusation, when after he shall have been thus informed, he is unable to ascertain by any law, whether the nature and cause of the accusation against him be criminal or not? Indeed without the knowledge of the criminality of the charge, a knowledge of the charge itself would be of very little advantage to him. Again, suppose a citizen should be indicted upon the identical words of the constitution, "of levying war," without the specification of any particular overt act amounting to that offence; would such definition be sufficient for conviction? Certainly not. More definition is, therefore required than can be found in the constitution. (Mr. GILES'S Speech to be continued.)
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 17-31 FRESH GARDEN SEEDS, &c. THE Subscriber having recently received a supply of European Garden Seeds, &c. which added to the various sorts saved by him the last summer, makes his assortment extensive and which are for sale at his Nursery Garden, Eastern Branch and at Dr.
WASHINGTON CITY. FRIDAY, FEBRUARY 19.
A few copies of the COLUMBIAD, by JOEL BARLOW, have been left at the office of the National Intelligencer, for sale.
Having given but a few minutes, snatched from the interruptions of business, to the inspection of this work, we are altogether unable to offer any view of it, or to express any opinion of its merits that would be entitled to the respect of the reader. This duty must be reserved for a future day. In the mean time we may say, without hazard, that the typographical execution of the work is superior to any thing which has yet appeared in this country, equal to any thing which has appeared in Europe, and shews the power we already possess of rivalling the highest efforts of many of the arts on the other side of the Atlantic.
We are, however, perfectly aware that the COLUMBIAD is to stand or fall by another criterion, and that the elegance of the printing, and the splendor of the prints can be only viewed in the light of embellishment. Without risking a premature judgment, we may be bold to say the COLUMBIAD ought to be considered as a national work, entitled to the just and liberal judgement of criticism. Having passed this ordeal with reputation, the pride of our country should cherish it as one of its dearest and proudest monuments. The high literary character of its author is the best pledge of the final award which shall be made.
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 3 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 JANNEY, CHARLES ALEXANDER.
THE act of Congress authorises 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 Installments of Ten dollars at such times as the company shall fix.
Form of Power required from those who make use of an agent.
I empower _____ to subscribe for me, in my name, for _____ shares of Potomac Bridge stock, under the "Act authorising the erection of a bridge over the river Potomac, within the district of Columbia."
February 19—
Extract of a letter from Londonderry, dated the 18th November, 1807. "The harvest in this part of the North of the kingdom has proved very unproductive, as much so, 'tis said, as that which preceded the very dear and calamitous year of 1800. We do not understand that it is very abundant in any part of the kingdom, and as England will not be able to supply us we should not be surprised if government in the Spring and Summer opened our ports for the admission of bread provisions from America."
IMPERIAL PRIZE MEDAL.
The following intelligence contained in a letter from Paris to Dr. Mitchell, may be interesting to some of our citizens: "By the order of the Emperor, a Prize of Twelve Thousand Francs is offered for the best Dissertation on the Angina Membranosa, or Croup, which lately carried off the heir apparent of the French throne. The nature of the disease must be explained, & also its development, its affinity with other diseases, mode of cure, and means of arresting its progress. Foreign Physicians are invited to write; and memoirs on the subject will be received until the first of January, 1809"
The following communication was made by the governor of Maryland to the Legislature:
Council Chamber, December 19, 1807. Gentlemen of the Senate, and House of Delegates,
By the last northern mail I received a letter from the governor of Vermont, of the 7th instant, covering the enclosed resolutions of the legislature of that state, to be laid before the legislature of Maryland for their co-operation.
While I discharge this duty, I have taken the liberty to remark, that in England where the Executive is hereditary, the House of Lords hereditary, or for life, and the House of Commons elected for seven years, their judges till the time of William the 3d, held their commissions during pleasure, that by the statute of 13th William 3d, chap. 2d, it was enacted that the judges should hold their commissions "during good behaviour," removable on the joint address of the House of Lords and Commons; that this statute remains in full force—and their judges, under this tenure of office, have been long
a republican government, where the chief Magistrate is elected for four, the Senate for six, and the House of Representatives for two years, where the frequent appointment to office is held a vital principle to secure the honest discharge of the duties thereof, that the judges would possess all necessary independence, if removable on the joint address of a majority of both Houses of Congress.
I have the honor to be, with great respect, gentlemen, your most obedient servant, ROBERT WRIGHT.
HOUSE OF REPRESENTATIVES.
MONDAY, FEBRUARY 17.
Mr. D. R. Williams re-appeared and took his seat.
An engrossed bill making additional compensation to the marshals of the district of North-Carolina and New-Jersey, was the third time and passed.
An engrossed bill making appropriations to carry into effect certain Indian treaties, was read the third time and passed.
On motion of Mr. Chittenden the House went into committee of the whole, Mr. TRIGG in the chair, on the bill in addition to an act entitled "An act further to amend the judicial system of the United States." Mr. Troup having introduced an amendment including an alteration in the times of session of the courts of the United States for the district of South-Carolina, Georgia and North-Carolina. Some objection being made to this, from want of immediate information, as to the effects of the alterations, by Messrs. Marion, Blackledge and Taylor, the committee rose, ayes, 55, and obtained leave to sit again. In the course of observations on the motion for rising, as a reason against it, Mr. Pitkin stated that for two or three terms last past of the courts of the districts of Connecticut and Vermont there had no judge attended to hold them, from a defect in the present arrangement.
On motion of Mr. Boyle, the House went into committee of the whole, Mr. CURTS in the chair, on the bill making provision for the disposal of such lands as have been heretofore reserved for the disposition of Congress. The bill being gone through without debate, the committee rose and reported it, & it was ordered to a third reading tomorrow.
Mr. G. W. Campbell, from the committee of Ways and Means reported a bill making appropriations for the support of the military establishment of the United States for the year 1808; and a bill to amend an act entitled "an act for laying and collecting duties on imports and tonnage within the territories ceded to the United States by the treaty of the thirtieth of April, one thousand eight hundred and three, between the United States and the French republic, and for other purposes;" which were twice read and referred to a committee of the whole.
WEDNESDAY, FEBRUARY 17.
The Speaker laid before the House the resignation of Mr. D. Thomas, a Representative from the state of New-York.
On motion of Mr. Van Allen, a resolution was adopted that the Speaker address a letter to the Executive of the state of New-York, notifying him of the above vacancy.
Mr. Poindexter offered the following resolution, which was agreed to. He deemed it unnecessary to say anything in favor of the object till reported on, this being a mere resolution to enquire:
Resolved, That a committee be appointed to enquire into the expediency of repealing so much of the ordinance for the government of the several territories of the United States, as empowers the governors of said territories to prorogue and dissolve the House of Representatives elected by the people, and that they have leave to report by bill or otherwise.—Agreed to. The bill for the relief of Samuel Whiting was read the third time and passed by yeas and nays, 56 to 41.
[This bill provides for allowing Mr. Whiting a certain sum for services rendered and expenses incurred in prosecuting a deputy post-master for embezzling certain letters containing bank notes belonging to Whiting. The objection to the bill proceeded from its being supposed to sanction the principle that the Post-office department is liable for notes sent through the medium of the post-office.]
On motion of Mr. Fisk the House went into committee of the whole on the bill for increasing the military peace establishment of the United States, Mr. TRIGG in the chair.
Mr. Chandler moved to strike out the section authorizing the President of the United States on an emergency to increase the companies at present in service to one hundred men. Mr. Dawson made a motion superceding this: that the committee should rise that the subject might be postponed. On this question an animated debate took place which occupied the House till the usual hour of adjournment, when the committee rose and obtained leave to sit again, ayes 70.
[A sketch of this debate, now excluded by other matter, shall be given in our next.]
petition of Jared Shattuck; which was referred to a committee of the whole.
Mr. J. Montgomery, from the committee to whom was committed the bill concerning courts martial and enquiry, reported it with amendments; which having been read, the House adjourned without referring it.
THURSDAY, FEBRUARY 18.
Mr. J. Clay, a representative from Philadelphia, re-appeared and took his seat.
On motion of Mr. Deah, Resolved, That the committee on Public Lands be directed to enquire into the expediency of opening a wagon road from the Ohio river opposite Port William at the mouth of Kentucky, to intersect the road leading from Cincinnati to Fort Wayne, near or at Fort Recovery, and that they be authorised to report by bill or otherwise.
Mr. D. also presented a resolution of the legislature of Kentucky requesting the representatives from that state in Congress to have a new road instituted on the above route, which was referred to the same committee.
On motion of Mr. Dana, Resolved, That the committee of commerce and manufactures be instructed to enquire into the propriety of causing such buoys to be provided and placed as may be requisite for the security of navigation at or near the entrance of Connecticut river, and to report by bill or otherwise.
Mr. Chandler offered the following resolution, which he did not wish to interfere with any bills now under consideration, and wished it to be referred to a committee to see what result they would produce:
Resolved, That a committee be appointed to take into consideration the expediency of raising by volunteer, and organizing a number of volunteer troops not exceeding twenty four thousand men, for the service of the U. States, and that they report by bill or otherwise.
Agreed to, Ayes 71.
On motion of Mr. Dawson, the House went into a committee of the whole, Mr. PITKIN in the chair, on the bill authorising the raising an additional army.
The blanks in the bill were so filled as to provide as follows:
That there be raised nine regiments of infantry of 1000 men each, one regiment of artillery of 1200 men, two regiments of cavalry of 600 men each, two regiments of riflemen of 600 each, for three years unless sooner discharged; to be commanded by two major-generals, four brigadier-generals, one inspector-general, and two assistant inspectors.
After the bill was gone through the committee rose, 47 to 46, reported progress and asked leave to sit again.
Mr. Van Dyke offered the following resolution which the House agreed to consider, Ayes 55.
Resolved, That the President of the United States be requested to communicate to this House such information touching our foreign relations as he may deem consistent with the public interest, the better to enable this House to judge how far the military establishment of the U. S. ought to be increased.
This motion was supported by Messrs. Van Dyke, Elliot, Lyon, Cook and Quincy, and opposed by Messrs. Dawson, Van Horne and Bacon. When the House adjourned without taking a question, 53 to 52.
[A brief sketch of proceedings on this day will be given in succession to the proceedings of yesterday.]
New-York, Feb. 13.
A mercantile friend has obligingly favored us with the following extract of a letter from the house of Daniel Crommelin and Sons, of Amsterdam.
AMSTERDAM, Dec. 30, 1807.
"We have to inform you that this morning we received official intelligence of a proclamation issued by the French Emperor from Milan, respecting the navigation of neutrals—the following are the chief heads of this important state paper:
"Every vessel which has been visited by an English ship, or which has submitted to make a voyage to England or has paid any duty to the English government, is by this alone declared to have become denationalised, to have forfeited the rights of her flag, and shall be considered as English property.
"All vessels which thus through the arbitrary measures of the English government have forfeited the rights of their flag, and might come into our harbors or in those of our allies, or might fall into the hands of our ships of war or privateers are declared good and lawful prize.
"Every vessel of whatever nation she may be, or whatever description her cargo may be, which is cleared out in the harbors of England, or in English colonies, or in places in possession of English troops or steering her course to England, English colonies, or to places in possession of the English troops, shall be considered good and lawful prize.
"The British Island are declared in a state of blockade both by sea and land!!!
"The above decree is dated at Milan the 17th December 1807.
Feb. 13. A vessel has arrived at Philadelphia in a short passage from Marseilles. Letters brought by her have been received in this city dated the 4th of January.
The brig Thomas, Captain Southworth, arrived at this port last evening from Amsterdam, which place she

bring any News-Papers, but informs that there was not any news of moment. The markets were very high, there was not the smallest idea of an Embargo taking place there, or in the ports of France.
Translated from the Madrid Gazette, of 4th December.
LISBON, Nov. 25.
An English cartel from the division of Sir Sidney Smith, who has established his cruising ground at the entrance of our port, brought yesterday an official note of the following tenor:
"By these presents we make known to whomsoever it should concern, that it being notorious that the ports of Portugal are shut against the flag of Great-Britain, and that the British Minister Plenipotentiary near the court of Lisbon, has left that capital in compliance with the instructions remitted to the undersigned rear-admiral of the blue, and commander in chief of this division—the mouth of the Tagus is declared in a rigorous state of blockade."
"The Portuguese government is to understand it thus, and be certain that orders have been given that it shall continue with the utmost strictness until a friendly adjustment of actual differences takes place. The consuls of neutral states must also take notice of it, that they may in season inform their governments that the said river is in a state of blockade; and that from this time and henceforward all the measures authorised by the laws of nations and by the respective treaties between H. B. M. and neutral powers, shall be adopted and executed with any vessels whatever that shall attempt to violate it.—Signed and sealed on board the ship Hibernia, off the Tagus, the 22d of Nov. 1807."
WILLIAM SIDNEY SMITH.
THE COLUMBIAD,
BY JOEL 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—1aw1m
A BRICK HOUSE AND LOT FOR SALE.
ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 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 lease, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public office, 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
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
ST. ANDREWS SOCIETY.
A STATED meeting of the Society will be held at the house of Wm. RAITIRRE, George-town, on Friday next the 19th instant; of which the members will please take notice.
JOHN MURDOCH, Sec'y.
Communicated for the Philadelphia Register.
HAYANNA, JAN. 22.
"The Heads of Departments here, having received advice from his Catholic Majesty's Charge d'Affairs in the United States, of an expedition being preparing in England and, according to news-paper reports, said to be intended against the Spanish possessions in the Bay of Mexico. The most active preparations are making here to repulse the enemy, in the event of their attacking this port or island, by immediately calling out, and properly arming and training all the militia, of every description, which, together with the French settlers in the island, and the Spanish planters, merchants and artisans, already trained, will compose a formidable body. The fortifications have already been put in the best state of defence, and are most amply supplied with all warlike stores, to resist a siege even should it last six months. The department of the Marine (besides covering the garrisons, and assisting it with men and means, will furnish a considerable number of officers to fill the vacancies that may exist not only in the corps of artillery and engineers, but also in the infantry) have armed and completely fitted forty gun-boats and bomb vessels, provided with ovens for heating shot, with which we shall not only be completely able to defend the lines of our harbor, but also to attack the enemy, should he anchor on the outside. The greatest harmony and military ardor prevades the whole, and so far from dreading an attack, we rather wish for one."
Washington City, Feb. 18.
At a meeting of the students of the Western Academy of this city, it was resolved that as a testimony of their esteem and regard for the memory of their fellow student Alexander Kerr, whose premature death, they sincerely deplore, they wear crape on the left arm for the space of thirty days.
VALENTINE WELCH, Ch'm.
JOHN EVERSFIELD, Secretary.
Go mild youth to endless joys above, And take with you our sorrow and our love.
RISE OF TICKETS.
Tickets in the Philadelphia Grand Lottery—highest prize 10,000 D.—will sell at TWO Dollars on Tuesday the 22d inst. and will continue to rise as the drawing progresses.
Tickets to be had at R. C. WEIGHT-MAN'S Book-store, Pennsylvania avenue.
February 19—3t
CONGRESS.
HOUSE OF REPRESENTATIVES
DEBATE on the bill for the classification of the Militia of the United States.
TUESDAY, JAN. 19.
In committee of the whole, Mr. HEMS in the Chair.
The first section being read as follows:
"That all the militia of the United States, liable to do duty, over twenty-one and under _____ years of age, shall be deemed and held in requisition, and called the junior class of militia. And the President of the United States shall be, and he hereby is authorized, on the appearance of national danger, to order out the same or any part thereof, to any part of the United States or their territories, for not more than one whole year at any one time. And whenever a part of the said junior class shall, by the President of the United States, be called into actual service, such call shall commence with those that are lowest in number, as to age, first, and so in rotation: the same shall not be compelled to do duty a second time until the whole of the said junior class shall have served one tour; and when called into the actual service of the United States, they shall be armed and equipped by the United States. For this purpose two hundred thousand stand of arms complete, shall be deposited in such places as the President of the United States shall direct, and whenever the whole, or any part of the said junior class of militia, shall be called into actual service by the United States, and shall be armed and equipped by the same, it shall be lawful, and they, and each of them, are hereby permitted to retain the said arms and accoutrements, as their own property, any law to the contrary notwithstanding."
MR. M. CLAY said it was necessary to fill the blank in the first section, before they proceeded any farther, and it was incumbent on those who were friends to this project to show that there were defects in the militia law as it now stood; and if they could prove to the House, that the system offered was better than the old one, he presumed there could be no objection to the bill under consideration. At all events he wished gentlemen to take a serious view of the subject; it was a great national question on which the salvation of the country depended. He would endeavor to bring forward the best testimony that could be had to prove that the present system was defective, and he hoped he should be able to do it.
I will commence, said Mr. C. with the adoption of the constitution under which we are now acting. We find that President Washington always kept this subject in the view of the national legislature; this shews that there was something in his opinion to do; it was not his business to tell us what it was, but ours to find out. If gentlemen will
take up the Presidential communications from the commencement of the government, they will find that the subject has been uniformly recommended by each successive President of the United States to the present time. I state this as a strong evidence in their opinion that a change was wanting somewhere. Next to this I will call your attention to the communications made from the state Executives to their legislatures. We find also that the state legislatures almost every year and in every session have had the subject under their consideration, and turned it over in one way or the other. This proves that there is in their opinion some defect. We must now remedy that defect if we can, it behoves us to do so; and if I shall be fortunate enough to point out the propriety and mode of making this alteration, I shall have done my duty. We will go further back than the adoption of the constitution; we do not recollect the whole body of the militia ever to have been brought into action, to such extent as our strength of numbers would have warranted, if the militia had been properly organized; there was a defect somewhere, which should be remedied without going either to one extreme or another. If gentlemen will turn their eyes to the bill on the table, they will find that our project is to steer between the two, not to harass the militia, but to render them fit for efficient service, by taking only those that can be best spared from home, and when in actual service can be most relied on. History itself furnishes no instance, let the mode of warfare be what it might, where the whole body of the militia were ever called into actual service and kept there for any length of time to advantage; if there was much marching and fighting, the old men with families would soon find the way home; they could not be relied on for a length of time. I remember often to have heard this complaint made before the revolutionary war when we were at war with the Indians. Nay farther, if we go amongst the savages we find that they do not all turn out to battle, and leave their women and children only behind; they take neither old or young men, I mean their lads to battle, but such only as may be useful in the field.
When we recur to the times of the revolution, which every old gentleman recollects, and every young one has heard of, every one then in service will attest the fact that wherever the body of the militia were called on to march, old and young together, the old men soon found their way into the hospital; they would complain of old rheumatism, &c. &c. &c.—they would often fatigue and break down the young men by imposing on them the additional burthen of their knapsacks.
My object is to leave at home the senior and minor class, as much as possible; nothing but imperious necessity, and imminent danger should call them to the field, and that within their own state, or in the neighboring state. I wish not to derange the state of society, which must be the case if the whole body of the militia are called out at once. During the last war we saw not only fields and neighborhoods, but whole states laid waste from being deprived of their cultivators. I wish to avoid this evil; I wish to leave men enough at home to cultivate the earth and take care of the crop. It is well known to gentlemen of the revolution that while we lay at Valley Forge in Pennsylvania, at Middlebrook, in New Jersey, and at other places, we were almost in a state of starvation, because all hands, meaning the whole body of the militia, had been called out, and cultivation and manufactures neglected. I have seen (and an awful sight it was) not less than five thousand men on parade at a time in the midst of winter, almost naked, without shirts or shoes—oft times have I seen them march on the frozen ground barefoot, marking their footsteps with blood as they marched. At the times here spoken of, the army was reduced to the awful necessity of going into the adjacent country and threshing out the grain from the straw, and whilst thus engaged the poor and almost naked women with their helpless babes crying round them, would ask with tears running down their withered cheeks, for God's sake not to take all, telling the soldiers that was their all, and when that was gone they must starve; that they had no money nor werewith to get money—Now my object is to avoid such another scene. Not only on this account, but in some of the Southern states we have an internal enemy, an enemy within our own families. There should always be a sufficient force left at home to awe and keep that enemy down. By taking out the junior class only we shall always have a sufficient number left to quell and keep down insurrection at home—We shall presently show that we have a sufficient number of young men under the age of twenty six and over twenty one to meet the enemy whenever they are called on. We have three great points of assault, New York, Charleston, and New Orleans, and I shall I trust be able to show that we have a sufficient number of young men of the junior class to keep up a continual force if necessary to meet all attacks.
It behoves me now to show what disposition I intend to make of the minor class, young men under 21 years of age. It is not my intention that they shall be called into service, except in case of the utmost necessity, and then only within their own state. We find from report that to be the rock on which the emperor of France has split. He takes his men when in their infancy from the age of 18. They ought to be left until they are twenty one to lay in a sufficient stock of information to carry them into life. Let them learn trades or attend to their studies; for we consider the trade or profession which a man learns in his youth, whether mechanical or mental, as a fortune; and therefore we do not wish to interrupt them until they have completed their studies or trades, except imperious necessity should require it. It is necessary that every man should have somewhat, from which he may receive subsistence during his passage
through life. During his minority he lays up by learning a trade or profession, a principal, the interest of which supports him after he attains the age of twenty one. We also well know, that young men under twenty one cannot stand hardship; they may do some service; they may march about a little, but their system is not matured; they cannot undergo fatigue. We also know that it will almost take two men of 18 to cope with one man of 25 in bodily strength.
We shall now proceed to show the numbers of each class as nearly as they can be ascertained from the census of 1800; we have taken the authority of the best statistical writers for the progressive numbers.
The census of 1800 gave of males from 26 to 45, 432,193. I am not very particular as to fractions, being of little consequence. The annual increase from 1790 to 1800 was about 3 1-2 per cent, which we will assume for the increase since the last census, being seven years. This will give us an increase since 1800, of 105,882—which added to the number by the last census, makes 538,075. From these deduct, unfit for service, as nearly as we can ascertain, 35 or 40,000. We have taken for the sake of equal numbers, 38,075; which leaves 500,000 men, who may be relied on if the danger should be so great as to call for all men over 26 and under 45.
By the census of 1800 those over 21 and under 26 were between 190 and 200,000 men. To this add for the increase since by the rule just laid down 49,000; which will make 249,000 under 26 and over 21. Deduct from this number 8 or 9000, for those unfit for service. For the sake of round numbers deduct 9000, which will leave 240,000 able men. We will suppose wanting at any one time 30 or 40,000 at each of the three great points I have mentioned, which would still leave enough at home to supply the succession and deficiencies. Out of this class of men then between 21 and 26 could be called out sufficient for service at any one time, from 90 to 100,000 and leave double that number still in requisition; if however it should be thought that 240,000 would not be a sufficient number, we have only to take all under 27 instead of 26. Those between 26 and 27 added to the others would form a body of 280,000 men without taking any under 21 or over 27. It is about this time of life, 26 or 27, when a man begins to know mankind; they have then sown their oats, as we generally say; they then wish to settle and see a family rising up before him. They feel vigorous, and wish to show their activity and strength, in running, tumbling and wrestling; they think themselves great men; they wish to travel and see the world; they have a roving disposition. This is the moment to lay hold of them, and make them good soldiers. I know well that it will be said by some that it is an invidious distinction to stop at 26 or 27. Why may not the same be said of stopping at 45 or beginning at 18? It is said that this classification will tear up the old militia system. I do not care how soon it is plucked by the roots; we have had enough of it. Why persist in a system which we cannot get along with? What is the consequence? To show what that is, it is only necessary to read the report of the Secretary of War. Under an exertion of all the energies of the commanding officers, after the insult of the 22d of June last on the Chesapeake; after the Executive officers had exerted themselves to procure the best information upon the subject of the militia held in requisition, what is the result? The report just mentioned will show that you cannot rely with confidence on the militia in its present state. Nor can you on volunteers. These last will do for a moment at the commencement of a war. In case of invasion they will do very well for the moment. They do not go out with a view of brushing their own coat, washing their shirts, and to cook their victuals; they expect to call for the best of every thing at every house. Some gentlemen volunteers went down lately to Norfolk from Petersburg and Richmond. They conceived themselves on a level with the officers; it would not do; they came home disgusted, and you will not get them to go again. What was the case during the last war? When a large troop of volunteers was raised (I know the fact, I had a brother amongst them, and can therefore speak of it) they came prancing to General Washington. The old general asked them what they could do? Fight for our country, said they. Will you go into camp with the army and do regular duty? They answered no. You have my thanks then gentlemen, said the veteran, go home again. This was only to make a shew, they intended nothing else; they may do for a moment; but there must be method and regularity in our army. It will not do to have a large body of men collected for any purpose, without it. And therefore it is that as the great mass of our militia now stand, no reliance can be placed upon them. It will not answer to rely on regular troops. It is easy enough to raise a standing army, but it is difficult to disband them. We had at the close of the last war an awful testimony of the truth of this. Nothing but the vast weight of character of Gen. Washington, who descending from his high office of commander in chief mixed with them as a brother soldier, could have prevented them from revolting. See what a clamor is now raised and rumours afloat through the country about your standing army of 5000 men. Get a man sufficiently popular for commander in chief of a large standing army and what sort of government should we soon have? We may shudder even to think of what might be the result. Look at the contrary side as now proposed to regulate the MILITIA. You take them from the bosom of their families for one year. At the end of that term they will be anxious to return home. Mutiny will not arrest them. With avidity they will return; a tear of joy will bid them welcome. Gentlemen say the bill does not give us detail sufficient. We can fix all this
when we have once passed upon the principle. This I repeat; nearly one year has elapsed since the outrage committed on the Chesapeake, and yet no return of volunteers or militia. This goes to show that volunteers are not to be relied on, and also that the militia laws are defective.
I hope we have shown that we have strong reasons to suspect that the present militia system is not the best that can be devised. We have shown this from the best testimony in our power from the adoption of the constitution to this day. From the communications of the President of the United States to Congress, and from state governors to the state legislatures, it may be seen that the subject has almost always been introduced and recommended to the consideration of the legislatures. If this is not the best system that can be adopted, I am willing that any gentleman should propose a better; let us see any other system, we will examine it thoroughly and act with our best judgment on it.
This is a time when the whole United States are in danger, and some modification of our present system must be made.
Towards the close of the last war the militia began to fight very well. In Kentucky the fighting men were numerous. After the attempt of the army at the close of the war to turn their arms against their country, government placed their soldiers when out of service on the frontier, with the natives on their borders, of which we were then at war. Virginia gave lands to her soldiers which were in the back ground. Why? Because it would not do to fix these men of seven or eight years standing among the body of the people. We will give them this land said the officers of government, and let them go and fight the Indians. The reason was, that they had served seven or eight years in the regular army; this fuzee, a standing army, was applied on our frontiers as a breast-work and a safe-guard, to keep off the savages; we wanted to keep them out of the way. We could have burnt up the Indian towns and put an end to the whole race immediately; but we did not wish to do it; or we wished to keep our old soldiers fighting till they cooled off from the habit of inactivity acquired by service in the war.
We have endeavored to show that volunteers will do but for a moment, and that when there is nothing to do, and they can have both male and female waiting upon them. They cannot be relied on in war. They are not the kind of troops for service when invaded by a powerful enemy—volunteers may do for sailors or marines if they choose to go to sea. We have endeavored to show that classification is the only mode by which they can be relied on for the real service of their country—that old men are not the best for service—that young men under 21 ought to be kept at home till they get enough of experience to serve them through life, and that young men over 21 and under 26, have a propensity to be in action, to see their country and to acquire fame.
Some gentlemen make objections to the mode of officering—I have no doubts upon that subject, the thing will work well—the constitution has reserved to the states themselves. When officers are wanting, young men can always be found peculiarly qualified to conduct their companions to the fight—young men of high standing and weight of character. The soldiers having themselves choice of their commanders, will choose one out of many candidates as there always will be, in whom they can confide. I presume young men of first talents and enterprise will have preference. Let them have a man to command them of their own age. They will say one to the other I know this man; I have known him from my youth, and can confide in him.
As a reward for the services of these young men, after a campaign is ended, let them keep as their own property the arms with which they fought, which will be handed down from father to son: "This is the piece I fought with!" Let it be engraved on the barrel, this belongs to such a one, he earned it by serving his country at such a time. After men have served one year, sufficient numbers will be found to replace them, who will be anxious to see the country, and travel over the Union, emulous of fame; and when they have served a tour will long to return to their kindred loaded with an honorable pledge of the service done their country.
It is certainly a desirable thing that the physical strength of the country should be applied in the most advantageous manner to the protection of the country. We admit that some men marry early. In this case let them hire men as substitutes from their own class. This substitute may serve out his time and return. By that time another young man may have married, and this substitute being accustomed to service, may go out a second term. By the adoption of this principle of classification you get the best blood of the country, that which you can rely upon. You will not see your hospitals filled with old men disabled by the rheumatism and gout; nor will you see children in the ranks, trembling at every leaf that falls around them, not sufficiently hardened to lie out upon the ground covered with ice and snow. If we go on in the same bungling manner as heretofore, we shall never have an efficient militia; you will annually receive the President's message recommending the subject to your consideration.
I hope gentlemen will think with me, and not impute impure motives—the fact is, I have two sons that will soon be 21, and I love them as much as any man can, and perhaps can say what few can. The first property I gave each of them was a gun; and I have enjoined it on them in my will, that it was given them to defend that country which their father had assisted in delivering from bondage. My son's gun shall be in his hand that he must fight when his country calls for his services; it is his fortune.

I hope gentlemen will take a serious view of the subject—that every man will lay his shoulder to the wheel and rise up to the east and west, south and north, to prepare for the protection of his domicile. Gentlemen have said that this is a new project, that it will create confusion now, when the service of our militia is most wanting. It is because of the crisis that I have at this moment brought the matter forward. The present system is acknowledged to be defective; we wish to make it as efficient as possible—that our countrymen may know who must march at a moment's warning.
In Virginia, during the last war, young men, merchants, lawyers and doctors went out to battle, staid two or three weeks, took sick and went home. As long as every door was open, the hand of every man giving to them friendship and caressed by every woman, they stood their ground; but when dependence was placed on them for service, they were off. I recollect a circumstance of some new militia just come into camp on the eve of a battle. The time of battle soon came; these men were placed in front; but no sooner did the red-coats, as they called the English, come within 100 yards than they threw down their arms and ran as though their lives depended altogether on their heels for preservation. When they were asked where are you going, boys? Did you ever see the like, said they, we cannot stand them. When the red-coats come now, it will be just the same. Substitutes towards the close of the war became good soldiers. I know that substitutes are objected to by some gentlemen, they wish every man to stand in his own place, all to stand on the same footing. In my opinion this would be bad policy, because all men have not the same gifts. Some cannot fight from religious principles—others cannot fight for the want of nerve. The bill has made provision for such, if they cannot fight, let them furnish a substitute. We know all men are not gifted alike; the strength of some lies in one way, and in others another; Sampson's lay in his hair. Now on this floor some gentlemen of strong minds who think a great deal, never talk; while some who talk incessantly, appear never to think at all. It certainly would be a great economizing of public time and money, for some to think more and talk less. I am not in the habit of public speaking, not being mechanically bred to it; I nevertheless offer my mite in support of the proposed system. It is a great project; and although not fluent of speech, yet I am willing to be tested by my votes and actions, from the year 1776, the time I commenced my political career to the present day, and I defy any man to say that I ever gave other than a republican vote, or did any other than a republican act, while acting as a public man. I know the word republican is with some a hackneyed word; but I mean the true elective principles of republican government.
I went young into the army myself, I was never out of it, after I entered it, until the conclusion of the war. I have been thirty-two years in public life. I mention this to show that I am entitled to claim a knowledge of mankind.
You may exercise your militia from the age of 18 till they arrive at 45, and after the whole 27 years mustering they will not know the manual. My object is not to call out any man till he is wanted; and when they are wanted, to call them out, and in one fortnight they will be ready for service, and in a month may take the field, already soldiers—comparatively speaking. There will attend this system no expense in time of peace. I have seen a number of projects for taking legions into camp for six months at a time. The project will not do. When you take your men to the field, let them think of nothing but fighting—not even of women. These half way soldiers, half regulars, and half militia; would be of no account. They would be a heterogeneous mass, fit for neither the one thing nor the other. What do we hear of the sailors at Boston, who cannot go to sea, on account of the embargo? The finger of Heaven pointed to an embargo. [Here Mr. Clay pointed to the Potomac river, which was frozen over.] It is mere pretence. They are now, we understand, assembling about the town demanding what they are to do; we know they are set on by artful and designing men. If these sailors are so riotous, what would a standing army be when disbanded on account of peace, if set on by artful men? They would (if able to do it) overturn the government.
I hope the representations which I have made may be taken notice of by every gentleman in the House. It does not seem accordant with military regulations to place the father and son in the ranks together; the son feels an awe of his father; is under restraint while he is with him; old men and young do not agree well together; their habits are not congenial. I have a great desire that young men should be as much at liberty as possible. Let them learn trades and pursue their studies while young; let
the young man alone till he is perfectly instructed, otherwise you will make him jack at all trades, and good at none. At about 26 or 27 years of age it is too late in the day to set about learning a trade; and although we have few or no tradesmen in the part of the country where I live, yet I wish to encourage our domestic manufactures. The time is near at hand when it will be our policy to foster and cherish them.
In the last war when men were indiscriminately called out, on their leaving their families you might see a man of 40 or 50 years of age, with his wife and a train of children and grandchildren crying after him; at the same time one of his sons or grandsons, a lad of not more than 16 or 17 years old, marching by his side, and at the time the army was in a state of starvation; because men of all ages were taken to the field and none left to till the earth. This in my opinion was bad policy—none ought to have been taken but such only as might have been useful in the field; the remainder ought to have been left to have cultivated the earth, and to have assisted in domestic manufactures, and then your armies instead of being naked and hungry, might have been well fed and well clad. And here the proposed system is certainly preferable to the old. I have given to the House the best estimate I have been able to procure. If we fill the blank with "over 21 and under 26" we shall have 240,000 men. If gentlemen think that is not enough, insert 27 instead of 26, and it will give us 280,000 militia, after deducting a sufficient allowance for the number unfit for service. I should suppose that 280,000 efficient militia dispersed through the U. S. are at least as many if not more than will be necessary to hold in requisition. I know that some gentlemen wish the limitation of time to be extended further; but I wish to leave society in as undisturbed a state as possible. We find that other countries wage war and carry on agriculture and manufactures at the same time. I wish to do so here—to establish an efficient militia to go to any part of the U. States. We may call out the middle class of 240,000 men to any part of the U. States, and still leave the body of the citizens in a situation to carry on agriculture, commerce and manufactures, and the minor class learning their trades and pursuing their studies. Young men cannot think hard of it. Whenever their country calls for their service they ought to go, or leave the country. Let every man stand in the station to which he is called by God and society. Let him attend to the duty his country requires of him, and then return to the bosom of his family adorned with the honors of a republican, the arms he fought with—not with stars and garters, the baubles of a court.
The true plan of Cincinnati was to fight when his country called for his services. I wish the same example to be followed now. Washington exhibited it as a pattern to his country; it is the example I wish to follow—It is the one I wish my sons, and countrymen to follow.
I will state merely for the satisfaction of gentlemen that agreeably to the census of 1800, there were under the age of 21, and over 18 years old 120,598 males, add to this for increase since 20,540, makes 150,138 Oyc. 16 and under 18 little upwards of 80,000 Add for increase since, about 20,000, it makes 100,000 Add all between 16 and 21, makes 250,138 Then say fit for service, only about 240,000 Of those over 21 and under 26, about 240,000 Between 26 and 45, about 500,000 It is not intended the minor and senior classes shall be called upon but in case of urgent and imperious necessity.
I hope I have said enough to bring this subject fairly before the House—my object is the liberty and salvation of the U. S. I consider it the best and safest mode of defence—My sons will share with their neighbors, they will soon be in the junior class; let them serve with their fellow-men, I wish them to do so. I could not touch upon this subject without entering fully into the principle of classification. This system will furnish a sufficient number for service, and leave enough at home to awe and keep down insurrection, and to cultivate the land. Those who go out to service may receive arms from the national magazines; but these when received I wish them to retain as their own. I have reserved some observations which I wish to make hereafter, when we come to those parts of the bill where they apply. I move to fill the blank with 26; it will then read over 21 and under 26 years of age.
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—2
TWENTY DOLLARS REWARD, FOR apprehending a certain Young man who calls himself Leo Tabor, fair complexioned, 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 I. 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 pantaloon, 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 pantaloon, 1 pair dark grey, do. Bennet 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 cy. Ridge Post Office. February 12—2t
TWO ELEGANT FORTEPIANO-NOES. THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars.
F. A. WAGLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
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 McCarty, 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
BURNS AND BRALL. WOOLLEN drapers, men's mercers, and tailors, New-Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality. N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch. October 23—tf.
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 woollen hat, linsey-woolsey jacket and trousers. 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.
CHARLES H. VARDEA, MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia, A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coating, black silk Florentines. Likewise an elegant assortment of Spanelets and rich silk Moleskias for waistcoats with a variety of other articles suitable for the season. Regimentals and Navy Uniforms made in the most elegant and uniform stile 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 Journeyman 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 Hardey, of Prince George's county, Maryland, to John Francis Hardey, 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 these 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. Hardey. January 29—tMar.
GREAT BARGAIN. JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—Houses and Lots—Enquire as above. All kinds of Stocks bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz. 30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assignment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—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, near 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. Bullus. As the property is well known, nothing further descriptive is thought necessary. January 25—tdos
NOTICE. IT has been represented to the Secretary of State that John Porter, William Sloane, George Wagener, William Calcutt, William Bartlett, John Moore, Clement Rivers, Joseph Pew, Peter Jones, John Troup, Jonathan Stuart, William Wagemen, 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 Sea-ports, are requested to insert the above three times in their respective Gazettes. February 12—3t
A RUNAWAY. COMMITTED to my custody as a runaway on Friday the 9th day of November last, a negro man who says his name is GEORGE, that he was formerly the property of William Alexander, Virginia, by him was sold to a Mr. Robertson of Ohio, from whom he escaped when on his way home, about the first of October last. He is a well made fellow about 6 feet high, rather tawney complexion, about 25 years old; his clothing when committed was a round grey cloth jacket, home made trousers and osnabrigs shirt; his owner is desired to take him away or he will be sold agreeably to law for prison fees and other expenses. NOTLEY MADDOX, sheriff of Prince George's county. Md.
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, Trafalgar, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk moleskins do. Tollets, swansdown do. Plain and figured Marseilles do. Bears skin coatings, Plains, kerseys, halfthicks, Rose and duffel blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Ginghams, silk and cotton chambrays, Furniture Chintz, Cambic and jacquet muslins, India and British book do. India mullmull figured and plain, Plain and figured lenoes, 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 interstings, 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, Cambic Dimities, Common do. Furniture do. Ladies' and gentlemen's silk, thread, cotton, worsted, lamb's wool & Angola hose, Gentlemen's pantaloon do. Silk cords and buttons, Ribbons, floss threads, Scarl-tand 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
NOTICE. THE whole of the Personal Property of George Mitchel, deceased, consisting of a valuable Gold Watch, bedstead, feather bed and bedding, a considerable quantity of wearing apparel, and a variety of other articles, will be sold at Public Vendue, on Thursday the 18th inst. at the House of John M'Gowan, opposite Rhode's Tavern.—Sale to commence at 11 o'clock.—Terms made known previous to the sale. SAMUEL SPEAKE, Auct. February 10—tds
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 25—
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.
IN CHANCERY, January 25, 1808. Thomas Beall, o' Samuel, Thomas, John, Benjamin, Joseph, and Richard Foster, and Isaac Van Alstyne, 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 Welchman's Conquest, which Thomas Beall, of Samuel, as attorney in fact for George Mason, 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,