The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-11-14 00:00:00

NATIONAL INTELLIGENCER,
WASHINGTON ADVERTISER.
Vol. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCCLXXVIII.
FIVE DOLLS. PER ANN.
MONDAY, NOVEMBER 14th, 1803.
PAID IN ADVANCE.
PATENT GUN LOCK.
The subscriber offers for sale the right of making and using Edward West's improvement in Gun Locks, which is considered by judges of the utmost importance to every person using fire arms, and more particularly to the army and militia of the United States. There are two very great advantages resulting from this improvement, the first is, that no accident can possibly happen by a gun going off at half cock as it has in that situation no connection with the dog, consequently not with the trigger or any other external part of the lock. It cannot possibly catch at half cock as there is no notch that the dog can catch on and the counter dog is so placed in the act of cocking, as not to be reformed but by the cock first falling or being let down. The great security in this improvement ought certainly to recommend it to general use, to avoid the innumerable accidents that has and must unavoidably happen from the present plan, in guns going off at half cock, &c. An application made to Mr. Rhodes, city of Washington, will be communicated and attended to, where I shall attend at the sitting of Congress.
THOMAS WEST.
August 29. 1aw3m
Treasury of the United States,
Washington August 15, 1803.
WHEREAS by an act of Congress dated May the 8th, 1792, entitled "An act to provide for a Copper Coinage," in the second section thereof, it is enacted,
"That after the expiration of six calendar months from the time when there shall have been paid into the Treasury by the said Director (of the Mint) in cents and half cents, a sum not less than fifty thousand Dollars, which time shall forthwith be announced by the Treasurer that least two gazettes or newspapers, published at the seat of government of the United States for the time being, no copper coins or pieces whatever, except the said cents and half cents, shall pass current as money, or shall be paid or offered to be paid or received in payment for any debt, demand, claim, matter or thing whatsoever; and all copper coins or pieces, except the said cents and half cents, which shall be paid or offered to be paid or received in payment contrary to the prohibition aforesaid, shall be forfeited, and every person by whom any of them shall have been so paid or offered to be paid or received in payment, shall also forfeit the sum of ten dollars, and the said forfeiture and penalty shall and may be recovered with costs of suit for the benefit of any person or persons by whom information of the incurring thereof shall have been given."
And whereas it appears by the books of this office, that more than fifty thousand dollars in cents and half cents have been so paid into the Treasury. I now therefore, in obedience to the said act, do hereby give public notice of the same.
TH. T. TUCKER.
Treasurer United States.
August 15. 1aw3m
HEO. HOLT,
HAS received from Europe and for sale, fine mixed Tulips, double Dutch Hyacinths, separate colors in good order for glass, Pears and Persian Ranunculus, Crocus (Lever) colors, fine mixed Anemones, &c—Split Peas, Durham Mustard, Bird Seeds, Grass Seeds, Garden Tools, Garden Seeds, &c. He has also a large assortment of Fruit Trees, Flowering shrubs, Lombardy Poplars, &c.
Eastern Branch, Nov 2—1aw1f
S. OUGHTON'S
GENUINE BITTERS.
Faithfully prepared at the original warehouse London.
To make any observations here, upon the superior quality of these bitters to any ever offered for sale, is needless; suffice it to say, that they have had the test of approbation a great number of years.
Gentlemen, who prefer bitters, will find them an elegant and wholesome preparation; and far preferable to the trash generally offered under that name. It is now for the first time, imported in quart bottles, as well as vials, which will reduce the price near one half.
Sold by Rapine, Conrad and Co. Capitol Hill, Washington, John March, George Town, Robert and J. Grey, Alexandria, and A. Buck, Fredericksburg, Virginia.
November 7—1aw3m
NOTICE.
THIS is to give notice, that the subscriber of Washington City, hath obtained from the Orphan's court of Washington county in the District of Columbia, letters of administration on the personal estate of Redmond Barry, late of said city and county, deceased. All persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber at or before the 25th day of May next, they may otherwise by law be excluded from all benefit of the said estate—given under my hand this 31st day of October, 1803.
JOHANNA BARRY, administratrix.
Nov 2—1aw4w
WILL be sold, conformably to an order from the Orphan's court of Charles county, at public sale, on Saturday the 19th day of November next, at the house of Elisha Jones's near Broad Creek, sundry NEGROES—to wit—one negro woman and her three children. The woman is about 35 years of age, she is healthy and accustomed to plantation work—her children two girls and a boy, are between the ages of four and thirteen. They will be sold for ready money by
EDWARD JONES, jan. adm. of Alexius Jones deceased.
October 28—31aw
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, Oct. 25.
DEBATE ON THE LOUISIANA TREATY.
Mr. R. Griswold called for the reading of two resolutions which had been referred to the committee of the whole, and after the same had been read, he observed: That the two resolutions which had been read from the chair, explained in some detail, the measures, with which the general resolution, for carrying into execution the treaties, was to be followed up. In deciding therefore, on the general resolution, it became necessary to keep in view, the measures which were to result from it, that if we were not satisfied with these, we might give our votes accordingly.
The second resolution declares that it is expedient to provide by law for governing the ceded territory; and if gentlemen are not prepared to do this, or to provide the flock contemplated by the first resolution, they cannot agree to the general proposition under immediate consideration.
Before entering however into a consideration of these points, I think it proper, said Mr. G. to say, that I have been one of those, who have long felt the importance, to this country, of the free navigation of the Mississippi, and of a place of deposit at some place near the mouth of that river. I deem the enjoyment of that navigation and deposit, indispensable to the prosperity of our western brethren; and there are few sacrifices I would not cheerfully make, consistent with the constitution, to place those important privileges and rights beyond the reach of foreign control. The opinion which I now express has been of long standing and has not been weakened by any events which have recently taken place. So fully was I impressed at the last session, with the importance of these claims, that I was persuaded, very vigorous measures ought to have been adopted, for vindicating and securing rights, which had been grossly violated. But whilst I again repeat, that the importance of our rights on the Mississippi, has not been diminished in my view, it is necessary to declare, that I can never consent to secure this object, however desirable and important, by means, which shall set at defiance the constitution of my country.
It may not be improper, said Mr. G. in this place, also to declare, that I have been one of those who have long believed that the power of making treaties belongs exclusively to the President with the consent of the Senate, and that a treaty, when constitutionally made and ratified, becomes a law, and must be executed accordingly. But it is essential to the existence of a treaty that it should be consistent with the constitution, in every respect—both as it regards the subject matter, and the form of ratification. If a treaty is repugnant to the constitution either in the matter of which it treats, or in the form of ratification, it cannot be considered, within the meaning of the constitution, a treaty. It is not within the words of the constitution, "made under the authority of the United States,"—it is a dead letter, and void. If it shall then be found, that the instrument under consideration, contains stipulations which the constitution does not warrant, it will result, that it cannot be respected as a treaty—that Congress, so far from being bound to carry it into execution, are obliged by their duty & their oaths, to support the constitution, and to refuse their assent to laws which go to infringe this great charter of our government.
Having made these preliminary remarks, and in some measure explained the general principles by which I shall consider my duty to the treaty, I will again call the attention of the committee to those parts of the instrument, which have been noticed by other gentlemen, and which have equally excited in my mind, doubts of its constitutionality.
The 3rd article of the treaty is thus expressed.
"The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty,
property, and the religion which they profess."
By this article it is declared, "that the inhabitants of the ceded territory shall be incorporated in the union of the United States, and admitted as soon as possible according to the principles of the constitution to the enjoyment of all the rights, advantages, and immunities of citizens of the United States." It is perhaps somewhat difficult to ascertain, the precise effect which it was intended to give the words, which have been used in this stipulation. It is however clear, that it was intended either to incorporate the inhabitants of the ceded territory into the Union, by the treaty itself, or to pledge the faith of the nation, that such an incorporation should take place, within a reasonable time. It is proper therefore to consider the question with a reference to both constructions.
It is in my opinion scarcely possible for any gentleman on this floor, to advance an opinion, that the President and Senate may add to the members of the union by treaty whenever they please, or in the words of this treaty may "incorporate in the union of the United States" a foreign nation who from interest or ambition may wish to become a member of our government. Such a power would be directly repugnant to the original compact between the states, and a violation of the principles on which that compact was formed. It has been already well observed, that the union of the states was formed on the principle of a copartnership, and it would be absurd to suppose, that the agents of the parties, who have been appointed to execute the business of the compact, in behalf of the principals, could admit a new partner, without the consent of the parties themselves. And yet, if the first construction is assumed such must be the case under this constitution, and the President and Senate may admit, at will, any foreign nation into this copartnership without the consent of the states.
The government of this country is formed by a union of states, and the people have declared, that the constitution was established "to form a more perfect union of the United States." The United States here mentioned cannot be mistaken. They were the states then in existence, and such other new states as should be formed, within the then limits of the union, conformably to the provisions of the constitution. Every measure, therefore, which tends to infringe the perfect union of the states here described, is a violation of the first sentiment expressed in the constitution. The incorporation of a foreign nation into the union, so far from tending to preserve the union, is a direct inroad upon it—it destroys the perfect union contemplated between the original parties, by interpolating an alien and a stranger to share the powers of government with them.
The government of the United States was not formed for the purpose of distributing its principles and advantages to foreign nations. It was formed with the sole view of securing those blessings to ourselves and our posterity. It follows from these principles, that no power can reside in any public functionary to contract any engagement, or to pursue any measure which shall change the union of the states. Nor was it necessary that any restrictive clause should have been inserted in the Constitution, to restrain the public agents from exercising these extraordinary powers; because the restriction grows out of the nature of the government. The President with the advice of the Senate has undoubtedly the right to form treaties, but in exercising these powers he cannot barter away the Constitution, or the rights of particular states. It is easy to conceive that it must have been considered very important, by the original parties to the Constitution, that the limits of the United States, should not be extended. The government having been formed by a union of states it is supposable that the fear of an undue or preponderating influence in certain parts of this Union, must have had great weight in the minds of those, who might apprehend that such an influence would ultimately injure the interests of the states, to which they belonged: And although they might consent to become parties to the union, as it was then formed, it is highly probable they never would have consented to such a connexion, if a new world was to be thrown into the scale, to weigh down the influence which they might otherwise possess in the national councils.
From this view of the subject, I have been persuaded that the framers of the
Constitution never intended that a power should reside in the President and Senate to form a treaty, by which a foreign nation and people shall be incorporated into the union, and that this treaty, so far as is stipulates for such an incorporation is void.
But it has been said, that the treaty does not in fact incorporate the people of the ceded country into the union, but stipulates that they shall be incorporated, and admitted, according to the principles of the federal Constitution. Or in other words, the treaty only pledges the faith of the nation that such an incorporation shall take place. On this point, I will observe, that there is no difference in principle, between a direct incorporation by the words of a treaty, and a stipulation, that an incorporation shall take place; because if the faith of the nation is pledged in the latter case, the incorporation must take place, and it is of no consequence, whether the treaty gives the incorporation, or produces the law, which gives it; in both cases, the treaty produces the effect: And the question still returns, does there exist under the Constitution, a power to incorporate into the union by a treaty or by a law, a foreign nation or people? If it shall be admitted, that no such power exists, without an amendment to the Constitution, and it shall be said, that the treaty making power, may stipulate for such an amendment, it will be a sufficient answer to say, that no power can reside in any of the national authorities to stipulate with a foreign nation for an amendment to the constitution. The constituted authorities of our union have been created, to execute the Constitution,—not to change, or stipulate for changing it, and they can, in no case, lay the states under the smallest obligation to make the smallest change. Stipulations therefore of this nature, which create no obligation, are void.
Again, it cannot be said, that the stipulations for this incorporation, are constitutional and valid, because it is declared that the inhabitants of the ceded territory, are to be admitted to the right of citizens, according to the principles of the constitution; because if, as has been contended, there is no principle in the existing constitution, by which they can be incorporated, the stipulation & treaty is not only void, but absurd.
A gentleman from Pennsylvania however (Mr. Smilie) has said, that it is competent for this government to obtain a new territory by conquest, and if a new territory can be obtained by conquest, he infers, that it can be procured in the manner provided by the treaty. Whilst I admit the premises of the gentleman from Pennsylvania, I deny his conclusion. A new territory and new subjects may undoubtedly be obtained both by conquest and by purchase; but neither the conquest or the purchase can incorporate them into the union. They must remain in the condition of colonies, and be governed accordingly. The objection to the third article is not, that the province of Louisiana could not have been purchased, but that neither this, or any other foreign nation, can be incorporated into the union by treaty, or by a law, and as this country has been ceded to the United States only under the condition of an incorporation, it results, that if the condition is unconstitutional or impossible, the cession itself falls to the ground.
Although I am unwilling to detain the committee at this late hour, and with not to delay the wishes of the majority, yet I must be permitted again to refer the committee to the 7th article of the treaty. This article declares that the ships of France and Spain, together with their cargoes, being the produce or manufacture of those countries, shall be admitted into the ports of the ceded territory on the same terms, in regard to duties, with American ships. It is certainly worth the consideration of the committee, whether, this article is consistent with the provisions of the constitution. As our laws now stand, the ships of France and Spain are liable to an extra tonnage duty, and their cargoes to a duty of 10 per cent. advance, when arriving in the Atlantic ports. The treaty declares that in the ports of the ceded territory, this extra duty of impost and tonnage shall cease. The treaty does not, and probably cannot repeal the law, which lays this extra duty in the Atlantic states, but those duties must still be collected. The constitution however declares in the 8th section of the first article, that "all duties, imposts and excises shall be uniform throughout the United States," and in the 9th section of the same article, it is said, that "no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another." By the treaty however, the uniformity of duties is destroyed, and by this regulation of commerce contained in the treaty, a preference is certainly given to the ports of the ceded territory over those of the other states. Gentlemen who advocate the constitutionality of the treaty will scarcely say, that the ceded territory is no part of the United States, and not embraced by the provisions of the constitution, because such an admission, whilst it avoided one difficulty, would plunge them into another, equally fatal, and prove that the third article is void, and of course that the cession itself is a nullity.
The gentleman from Virginia (Mr. Randolph) has said that the discriminating duties of impost and tonnage, are not a constitutional, but a statute regulation. This is undoubtedly true, but it must be recollected, that the statutes are in force, and so long as they remain un-repealed, the preference is given to the ports on the Mississippi, and the uniformity of duties is violated, and it cannot, most assuredly be correct, to violate a principle of the constitution for a day, under the expectation of curing the violation by a legislative interference. If however, it is really intended in this side way manner to bring about a repeal of the discriminating duties, I hope it may at this time be so understood. The commerce of this country, and particularly that of the northern states, has long flourished under these protecting duties, and it would be extraordinary indeed, if a treaty should be formed, laying the government under an obligation to repeal laws, so essential to our commercial prosperity.
Before I dismiss this part of the subject, it may not be improper to consider some points which have been started by a gentleman from Massachusetts (Mr. Crowninshield) in regard to the effect which the 7th article of the treaty will produce upon the commerce of the eastern states. The remarks which I shall submit upon these points, will apply only to the policy of the stipulation; but they may have some effect on those gentlemen who feel themselves at liberty, to decide at large on the merits of the treaty, and they appear to me to be necessary, in reply to the gentleman from Massachusetts, to whose opinions I cannot subscribe. It has appeared to me, that the stipulation in the 7th article, must be highly injurious to the trade of the Eastern states. The ships of France and Spain are to be admitted into New Orleans, on the same terms with our own ships. The discriminating duty therefore in respect to them, in that port, is virtually repealed. But we obtain no repeal of the countervailing duties in French and Spanish ports. The consequence must be, that whilst we are laboring under all the embarrassments of extra duties in their ports, they are liberated from every embarrassment in ours. The effect is easy to be seen, the whole trade from the mouth of the Mississippi to the French and Spanish colonies, and probably to their European possessions, must ultimately be carried on in French and Spanish bottoms to the entire exclusion of American ships. Nor will the injury stop here; both France and Spain will doubtless prefer, procuring their supplies from the United States, in their own ships, and whilst they hold the monopoly of the trade to the mouth of the Mississippi, they will be able to draw from that point an abundant supply of flour and other articles of produce, to the great prejudice, if not to the ruin of the trade from the Atlantic ports to the French and Spanish colonies. How gentlemen under such circumstances can consider the interests of the eastern states uninjured, is to me inexplicable.
Without detaining the committee longer upon this subject I will only observe, that it is my with that every doubt touching the constitutionality of the treaty may be removed. I do not personally feel any peculiar hostility to it. The importance of the navigation of the Mississippi and a place of deposit at the mouth of it, has long convinced me of the necessity of adopting measures to place those objects beyond all future hazard. At the same time I must be permitted to say that I have not viewed the advantage, from possessing the country on the west of the river as some gentlemen appear to have considered it. This subject was much considered during the last session of Congress; but it will not be found, either in the report of the secret committee, which has recently been published, or in any document, or debate, that any individual entertained the least wish to obtain the province of

Louisiana, our views were then confined to New Orleans and the Floridas, and in my judgment it would have been happy for this country, if they were still confined within those limits. The vast and unmanageable extent which the accession of Louisiana will give to the United States—the consequent dispersion of our population, and the destruction of that balance which it is so important to maintain between the eastern and the western states, threatens, at no very distant day, the subversion of our union. For these reasons, and many others which I will not detain the committee to detail, I have doubted the policy of the treaty itself, when taken altogether, but the only point on which I feel myself at liberty to decide, are those which have been before explained, respecting the constitutionality of the treaty, and until the doubts on these points are cleared up, I shall be compelled to vote against the resolution for carrying the treaty into execution.
Mr. NICHOLSON apologized for rising at so late an hour and begged the indulgence of the committee for a short time. He said he would endeavour to pursue the laudable example held out by the gentleman from Connecticut, who had just set down. (Mr. R. Griswold) by compressing his observations into as small a compass as possible. He should therefore necessarily be compelled to pass over the immense advantages which would be derived to the United States from the acquisition of territory made by the treaty with France; nor indeed did he consider it a subject that required to be dwelt on in this house, as the attention of the public had been drawn to it for some months past, and he believed nothing new could now be added to the volumes which had been already written and circulated in the daily prints.
Gentlemen had noticed the report of a committee during the last session of which he had the honor to be the chairman, and had endeavoured to question the value of the acquired territory, because that report had only contemplated the acquisition of New Orleans and the Floridas. It was certainly true that the committee in viewing this subject, had confined themselves to the immediate cause of complaint, and as the right of deposit had been suspended at New Orleans, their great object was to have this restored as speedily as possible, and to recommend such measures as would prevent a similar suspension at a future day. An enquiry of this kind naturally led to a view of the situation of the Western country generally, and it was readily perceived that the same inconveniences which had occurred in relation to the mouth of the Mississippi, might at some future period, perhaps not very distant, occur, as the commerce of the whole Mississippi territory, the western parts of Georgia, and the eastern parts of Tennessee. It was seen that the produce of this valuable country must be carried to sea, by means of the great rivers which rise in the Mississippi territory, but pass through East and West Florida before they reach the Gulf of Mexico; and the committee were of opinion that these ought to be secured by treaty. As one of the committee he was free to declare, that he did not at that time entertain the most distant idea, that the almost boundless tract of country lying west of the Mississippi, could be obtained by our government on any terms, much less for the comparatively inconsiderable sum which we had agreed to pay for it. He had then offered an opinion on the subject, he should have had no hesitation to say, that the west bank of the Mississippi was almost incalculable in its value to the United States, if it was only for the purpose of preventing any foreign nation from colonizing it. If that country were thickly settled by a foreign nation, the whole river Mississippi from its source to the sea, must have been guarded by a strong chain of military posts; whereas the wilderness itself will now present an almost insurmountable barrier to any nation that may be inclined to disturb us in that quarter. The opportunity of acquiring this country together with the island of New Orleans had presented itself to our executive and they had most wisely resolved to embrace it. The error which had been spoken of in the report, was in fact no error. The committee intended to offer a geographical and not an historical view of the subject. Their object was to describe the country lying between our southern boundary and the Gulf of Mexico, and they adopted such names as were used by modern geographers, without undertaking to settle a dispute as to the ancient boundaries of Louisiana. The gentleman from Virginia (Mr. Randolph) had very accurately detailed the various charges that territory had undergone, and had correctly stated, that it was divided into East and West Florida after the peace of 1763, while in possession of Great Britain. If we should be able to fix the Eastern boundary of Louisiana at the river Perdido there was no doubt that the value of our purchase would be considerably enhanced, as by that means we should certainly secure the whole of
the Mobile bay, and the mouths of some other large rivers. Mr. N. said however he did not mean to go into a consideration of the numberless advantages derived to us by the acquisition of Louisiana, nor would he at that very late hour have trespassed on the time of the Committee, but for the constitutional doubts which had been expressed by gentlemen on the other side of the House.
These constitutional difficulties, he said, appeared to him to be entirely separate and distinct, though gentlemen had very ingeniously blended them and had considered them as one. Whether the United States as a sovereign and independent empire had a right to acquire territory was one question, but whether they could admit that territory into the union, upon an equal footing with the other states was a question of a very different nature. Upon this latter point he meant to offer no opinion, because he did not consider it before the House; when the subject should come properly into discussion he should have no objection not only to enter at large into the constitutional authority to admit the newly acquired territory into the union as a state, but likewise to enquire whether this was really the spirit and intention of the 3rd article of the treaty. The question now before the committee was, is it expedient to carry this treaty into effect? and to be sure if gentlemen were of opinion that this government had no authority to acquire territory, the treaty ought to be rejected, because we should gain nothing by it.
But Sir, said Mr. N. had I been asked any where but in this house, whether a sovereign nation had a right to acquire new territory, I should have thought the question an absurd one. It appears to me too plain and undeniable to admit of demonstration. Is it necessary to resort to ancient authorities to establish a position which is proved by the conduct of all nations from the earliest periods of the world, and which arises from the very nature of society? Can it be doubted that when a state is attacked, it has a right to assail its enemy in turn, and weaken the aggressor by dispossessing him of a part of his territory? Surely the opinions of all writers both ancient and modern, and the examples of all nations in all ages can leave no room for doubt on this subject. But, Sir, on this, as on most other occasions we are told that the constitution throws us in the way, and that this treaty cannot be carried into effect without violating the constitution. If indeed this sacred instrument forbids the acquisition of territory by the United States, I will most readily admit, that we ought to stop here.
Let the Constitution however be examined, let the principles on which it was formed be taken into view, and it will be found that instead of forbidding, the Constitution recognizes the authority to acquire territory. In the year 1776 when the United States absolved their allegiance to Great Britain, each state became a separate and independent sovereignty. As independent sovereignties they had full power in the language of the declaration of Independence "to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states might of right do." Each state separately and for itself had all the attributes of sovereignty, and no man can be hardly enough to deny that at that time, any of the respective states had the capacity to extend its limits either by conquest or by purchase. These are the only two methods indeed by which territory may be acquired, and there have been very few wars in which the subjects of one nation or another have not been compelled to change masters. In the year 1781 the articles of confederation were finally agreed to, and each state surrendered a portion of its sovereignty for the common benefit of the whole. Much was reserved, but much was given up. The management of external concerns was given to Congress, and Congress alone had the power to levy war, conclude peace, and contract alliances. The capacity of the individual states to acquire new territory no longer remained to them. It was surrendered to the general government with the powers of war and peace. In the year 1788 the states again returned, as it were, to their original Independence. Their sovereignty was once more assumed. They deliberated about the means of a more permanent union, to secure to themselves and their posterity all the blessings of liberty. The present Constitution was adopted, and even a larger portion of individual sovereignty was surrendered. The right to declare war was given to Congress, the right to make treaties to the President and Senate. Conquest and purchase alone are the means by which nations acquire territory. The one can only be effected by war, the other by treaty, and when the states divested themselves of these powers, and gave them to the general government, they gave at the same time that right to acquire territory which they themselves originally had. The right must exist somewhere. It is essential to independent sovereignty. The 10th section of
the 5th article of the Constitution expressly prohibits the states from entering into treaties, or levying war, and even from forming any compact or agreement with another state or a foreign power without the consent of Congress. All the rights which the states originally enjoyed, are either reserved to the states, or are vested in the general government. If they once had the power individually to acquire territory, and this is now prohibited to them by the Constitution, it follows of course that the power is vested in the United States.
The gentleman from Connecticut (Mr. R. Griswold) admits that during the last session he was an advocate for very vigorous measures. By vigorous measures he means war. Will he deny that it was his wish to seize upon New Orleans by force? will he deny that this, and this alone, was the reason why his friends and himself did not unite with us in the measures then adopted for the purpose of acquiring this Country? If the gentleman's object was war, if his object was conquest, did he mean that we should drive all the inhabitants of the Island into the Gulf of Mexico, and afterwards retire into our own limits? did he wish that we should fight for the sake of conquest only, and not with a view to enjoyment? If he then thought that after conquering New Orleans we should have a right to hold it, surely it will not now be denied that we can hold it, after having obtained it by peaceable measures.
The gentleman seems however partly to have abandoned this ground, but in his opinion the treaty itself violates the Constitution. With that Gentleman I am unwilling to let the Constitution at defiance. I trust we shall maintain it in all its vigour. The 3rd article of the treaty, he says, either admits the ceded territory into the union immediately, or pledges us to do it hereafter. It cannot be contended that the territory is ipso facto admitted, but the objection is that the President and Senate have no right to pledge the government for any thing not immediately within their own powers. This objection is not solid. Every day's practice proves that it is without any force whatever. The President and the Senate have the treaty making power vested in them, but almost all their treaties contain stipulations, which must be performed by this House, if they are ever performed at all. In our last Convention with Great Britain, the President and Senate pledged the United States to the payment of six hundred thousand pounds sterling, yet the payment of this money was not within the powers granted to them by the Constitution, nor could it ever have been paid without the concurrence of this House. It was never doubted however that this stipulation was constitutional. The present treaty with France pledges the United States to the payment of fifteen millions of dollars, yet gentlemen do not question the constitutional validity of this measure, altho' it never can be carried into effect without the co-operation of this House. In fact there is no treaty made with a foreign power in which some of the regulations must not lie entirely inactive, unless this House shall give its assent to them. So in the present instance the fifteen millions of dollars can never be paid, nor the ceded territory admitted into the union, unless this House shall give its assent.
It is said, however, that Congress cannot under the Constitution admit foreign territory into the union upon an equal footing with the states, even under that article of the Constitution which provides that new states may be admitted. I have before said that upon this point I mean to offer no opinion because at this time I think it unnecessary, nor need we now enquire whether this is in reality the meaning of the treaty. The gentleman from Connecticut however assuming this ground, contends that as the treaty embraces objects not in the power of the general government the whole is of course invalid. There may be some plausibility in this argument, but it is plausibility only. It has been already proved that the treaty making power frequently and of necessity embraces objects not in the power of the President and Senate, but of the whole Legislature, yet that this does not of course invalidate the treaty. It may be shewn that where a treaty contains stipulations, which are not in the power of the general government, and of course cannot be carried into effect, yet that this does not invalidate the whole, although these particular stipulations may of themselves be void. An instrument might sometimes contain covenants which were impossible, or that were mala in se ; these of course would be void, but others might nevertheless stand good. I take a distinction which I am warranted in by the best writers, between articles of a treaty which are violated by one party, and articles which from the nature of things or from previous engagements, are void. Where one party violates an article in a treaty, the other has a right to declare the whole void, because the violation is a breach of faith, and is a voluntary act. But where some of the stipulations of a treaty are impossible to
be performed, or cannot be fulfilled consistently with the engagements of an antecedent treaty with a third power, these are of course void, but other parts will stand good. A variety of cases might be cited to prove this, but a very strong one will be found in our treaty of peace with Great Britain, concluded in 1783. The 4th article of that treaty provided that creditors on either side should meet with no lawful impediment to the recovery of debts bona fide contracted previous to the war. This was a stipulation which Congress could not perform. In all matters relating to the recovery of debts, the individual states retained entire and uncontrolled authority. The objects embraced by this article were completely out of the power of Congress. The right to make treaties had been committed by the articles of confederacy to the general government, but in this particular the assent of the states was absolutely necessary before that part of the treaty could be carried into effect. Great Britain remonstrated repeatedly, but some of the states, particularly Virginia, refused to concur. Congress recommended it to the states, to declare the treaty the supreme law, but the recommendation was not attended to. That article of the treaty was of course invalid, and never was fulfilled on the part of the United States. Yet it is certain that the whole treaty was not thereby rendered a nullity. Our Independence was acknowledged. Hostilities ceased and the British armies were withdrawn. The cases are extremely analogous, and if it should finally be determined that Congress cannot admit the ceded territory into the union as a state, yet the other parts of the treaty with France will stand good. If this was the intention of our ministers (which perhaps may be doubted) they seem to have guarded against the event of a refusal either by Congress or by the people. For it is declared expressly that until the inhabitants can be incorporated into the union, and can be admitted to all the privileges of citizenship, they shall be protected in the enjoyment of their civil and religious rights.
The other constitutional objection is raised upon the 7th article of the treaty, which provides that the ships of France and Spain shall be admitted for twelve years into the ports of the ceded territory, without paying higher duties than the ships of the United States. To this gentlemen have opposed that part of the Constitution which declares that no preference shall be given to the ports of one state over those of another, and that all duties, imposts and excises shall be uniform throughout the United States. There appears to be a strange inconsistency in the arguments of the gentleman from Connecticut. He tells you that this territory is not a state, and that it never can become a state; yet he afterwards declares that the treaty violates the constitution by giving the port of New Orleans a preference over the ports of the Atlantic states. There is surely a contradiction here. Whatever may be the future destiny of Louisiana, it is certain that it is not now a state. It is a territory purchased by the United States in their confederate capacity, and may be disposed of by them at pleasure. It is in the nature of a colony whose commerce may be regulated without any reference to the constitution. Had it been the island of Cuba which was ceded to us, under a similar condition of admitting French and Spanish vessels for a limited time into the Havannah, could it possibly have been contended that this would be giving a preference to the ports of one state over those of another, or that the uniformity of duties, imposts and excises throughout the United States would have been destroyed? and because Louisiana lies adjacent to our own territory, is it to be viewed in a different light? Or can the circumstance of its being separated by a river only, instead of the sea, constitute any real difference in regard to the commercial regulations which we may think proper to establish? The restrictions in the constitution are to be strictly construed, and I doubt whether under a strict construction the very same indulgence might not be granted to the port of Natchez, which does not lie within any state, but in the territory of the United States. It has never been deemed expedient to do so, and in all probability never will. Nor is it presumable that this regulation in relation to New Orleans would have been made, but for the importance of the great objects with which it was connected.
Mr. N. believed that the gentleman from Connecticut need not enter in any apprehensions that the provisions contained in the 7th article of the treaty were intended to commence the repeal of the countervailing duties. It was true that some gentlemen had thought very favorably of the repeal at a former session, and he acknowledged himself to be of that number. But as it was a regulation more materially affecting the commercial part of the community, and as they had been opposed to it, the subject was dropped. He did not know that there was any intention to revive it, although possibly a majority of that house might be inclined
to assent to it. Yet this could have no connection with the treaty, much less could it have any connection with the question immediately under consideration. We only have to determine whether we will carry this treaty into effect. Whether we will agree to appropriate the fifteen millions of dollars, and authorise the President to take possession. The latter has been agreed to, and surely we cannot consent to receive possession without paying the equivalent promised on our part.
Mr. N. closed his remarks by again begging pardon of the committee for the time he had occupied, and offered his acknowledgments for the indulgent attention he had received.
(To be continued in our next.)
WASHINGTON CITY
MONDAY, NOVEMBER 14, 1803.
Mr. MERRY, the English minister, has, we understand, arrived at Norfolk.
No business, other than the presentation of petitions, was transacted in either branch of Congress, on Friday, when an adjournment took place to this day.
EXPIRATION OF PART OF THE BRITISH TREATY.
In the last article of this treaty it is provided that the first ten articles shall be permanent, and that if the 12th article should not be renewed, or an arrangement upon the subject of it agreed to before it should expire by its own limitation (neither of which conditions has taken place) that then the whole treaty except the ten first articles should expire together with it. This limitation was to two years after the signature of the preliminary or other articles of peace, which took place on the first of October, 1801. Consequently on the first of October last, all the articles of the treaty, except the ten first, expired.
Extracts of a letter from a respectable American gentleman to his friend in Salem (Massachusetts) dated Calcutta, June 14, 1803, and received by the ship Hazard, capt. Tabbets.
"Mr. Duane has been basely calumniated in the American federal papers. A fairer character a man never had than is given him here by all who knew him, and I have been ridiculed for asking respecting his moral character—this no one pretends to doubt; and as a proof of his not being that vagrant the federal papers have been striving to make him; his absence is deeply regretted by a number of respectable gentlemen here, who were his intimate acquaintance. You ask if he was patronised by the government officers here—thou knowest he could not be, his politics being so different from what theirs must be—He was daring and independent in his political opinions."
FROM A LONDON PAPER.
Admiral Druix has published the following Proclamation.
"Head quarters at Bologne, July 30. "E. Bruix, counsellor of State, and admiral, to the national flotilla destined to carry war to England: "The First Consul, when he signified to me my destination, honored me with the title of your admiral. He sends me to you to conduct your exertions in the career of glory, which his genius has prepared for you. What men, at this distinguished proof of the confidence of a hero, would not be raised above himself? Who could doubt of his own powers? Brave seamen, the choice of Bonaparte renders me worthy to march at your head. Your zeal and your bravery are pledges to me that we shall fulfil his expectations. Already you hear the cry of vengeance. Our towns and districts bring in their voluntary gifts in multitudes. All Frenchmen are ready to march to punish a government which is an enemy of the peace of the world, and especially an enemy of the glory and welfare of our country. You are first called to this great enterprise. To you your country first commits the care of satisfying her just vengeance. Be certain that you will fulfil your noble destination. Recollect your victory begins in your docks; and in your marine and military exercises. Let those ships which infolently cruise along our shores, at sight of your labours, return and say to their government, "a fearful day is preparing. The winds and sea, again

favorable to the conqueror of Egypt, may in a few hours bring him to our coasts, and with him the innumerable companions of his glory." To hasten this result, it is my first duty to establish a severe discipline in the National flotilla. Subordination will regulate your efforts; that alone can add to the activity of your labours; failure, we are on the field of battle; to lose a moment will be criminal cowardice. Redoubled, therefore, your zeal, multiply your services and the nation which oppresses the seas will be conquered by terror, before it experiences the fate of arms, and sinks beneath the blows of your nerves.
(Signed) "BRUIX." The following are the regulations to be observed on board the National Flotilla to be employed against England, as issued by Admiral Bruix, the Commander in Chief. I. Every armed vessel forming part of the National Flotilla, shall have her crew complete, in conformity to the order of the 18th of last Messidor (July 7). II. The commanders and Officers, both by sea and land, embarked on board these vessels, the crews and the troops of debarkation, must regularly eat and sleep on board. III. The regulations for manoeuvring, for approaching the coast and landing, must be observed with the greatest strictness, shall be written fully out, and placed in sight of the crew in the most conspicuous part of the vessel. IV. Before the ships sail, a board shall be fixed up the contents of which shall be read aloud before its being placed in the ship, on which shall be inscribed the names of the individuals to be employed in succession in flat-bottomed boats, in giving assistance to such vessels as may require it, or for the purpose of extinguishing any flame which may break out in the port or road. A commissioned officer, or in his room a midshipman, or master, shall be at all times ready to conduct this detachment, and of course his name will be inscribed on the board alluded to. Copenhagen, Aug. 20.—The two Russian ships, destined for a voyage round the world, under commodore Krusenstern, are arrived in this road.
The experiments which professor Pelt made last week on the Sound, with his new swimming-dress, have turned out quite satisfactory. The swimmer went in it over the Sound, from Elsinore to Hollingsbourg. On the way, he several times loaded and fired a pistol, smoked his pipe, took food, to show, that he had the free use of his hands. The machine is so contrived, that if any one falls into the water, his head remains always uppermost, even in the heaviest sea. It is also very durable, weighs only 8lbs. and is sold for the sum of three six dollars, for the benefit of the poor.
A. J. VILLARD, presents his respects to the gentlemen of Washington and George Town, and gives them notice that he has opened a
Coffee & Oyster House, In the same stile as the one he kept last winter. His rooms are decorated with diverse models of architecture, and a fine collection of engravings for the amusement of the curious. He has different kinds of plays for the recreation of those who will honor him with their visits. He intends to keep all sorts of liquors of the first quality, Martineque cordials &c. &c. Oysters cooked in any manner, so as to suit the palate of the greatest epicure. Two Boarders will be taken. Pennsylvania Avenue opposite the Center Market. November 14—7cop
Taken up as a Stray, and brought before me this day by George Jones, living near the twenty buildings, a Mottled-colored HORSE with a bald face and giddy eyes, about 7 or 8 years old, and 12 hands high; he has been in the care of said Jones near 12 months. The owner is desired to prove property, pay charges and take her away. COIN CONINGHAM. Washington, Nov. 12—3t
WAS taken off the Race ground on the evening of the ninth instant a bright bay HORSE, with the marks of a collar on both sides of his withers; he is branded on his near side with the letter B both on his buttock and shoulder. Whoever will deliver the said horse to Washington Boyd in the city of Washington shall receive ten dollars reward and no questions asked. November 14—4t
WAS taken from a Gigs case in the store of the subscriber, on Wednesday morning, the 9th inst. by some person unknown. One lady's pocket set in stone, One do. set in pearls, representing a female figure, supporting a lamb in her arms, One do. do. plain, representing a temple, One do. do. do. feather, One do. do. do. anchor, One handsome Tortoise shell, cigar box, Some silver pencil cases, high finished razors, and scissors. As it is probable they were taken by some servant and may be offered for sale; any person apprehending the thief and securing the articles or any part of them shall be handsomely rewarded. RAPINE, CONRAD, & Co. near the Capitol. November 14.
NOTICE. THE subscriber, having obtained from the Orphans court of Prince George County, letters of administration on the personal estate of Nicholas B. Sansbury late of said county deceased. All persons having claims against said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscribers on or before the 21st day of June next, they may otherwise by law be excluded from all benefit of the said estate. ALEXIOUS SANSBURY, } Admrs. JOSEPH SANSBURY, } November 14—W3t
Ten Dollars Reward. STOLEN off the Race ground on Wednesday evening last, a likely Sorrel MARE, faddle and bridle; the faddle is about half worn with plated stirrups, and a new bridle; the mare is eight years old, about fourteen hands high. She trots and gallops; stood before; the quarters of both hind feet a little worn by dragging them when rode; has a small star in her forehead, there is a scar on the off shoulder that resembles the letter T. Whoever delivers the above described mare, faddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and no questions asked. November 14—wtf
Grocery & Liquor Store. SAMUEL MCINTIRE informs the inhabitants of Washington and the public in general, that he has opened a grocery and liquor store at the Navy yard opposite Mr. Pratt's, where he has and intends to keep a supply of every thing in his line of the best quality. He has now on hand, best Cognac brandy, Imperial tea, B. deureaux do. Hylon, Holland gin, Young Hylon, Jamaica spirits, Hylon skin, Whiskey, &c. Loaf, lump, and Madeira wine, very fine brown sugar, for immediate use, Soap and candles, Sherry do. Bacon first quality, Lisbon wine, Belt Spanish legars, And a variety of other articles all which he intends to sell on the lowest terms for Cash. N. B. A lot for sale in an eligible situation on the Capitol hill, New Jersey Avenue. November 4—copst
A French gentleman an ex- ile, whose early years were favored by a liberal education, which was improved by literary pursuits for several years, blended with a long, successful series of agricultural experiments upon an liberal scale—is desirous of obtaining by teaching youth, or by engaging in rural affairs combined with the instruction of youth, in classical literature and the French language a decent subsistence—and to this alone he confides his expectations. Possessing a perfect knowledge of the modern theory of husbandry, and having cultivated himself by practice, in the principles of the rotation of crops—the rearing and foddering of the most useful quadrupeds, the cultivation of the Vine, &c. He presumes that his services in this department alone would be of great advantage to any gentleman in the southern states, who might have occasion for a skillful and faithful superintendent. He demands no compensation, but upon actual proof of his qualifications and utility, in what he undertakes. Should no agricultural gentlemen offer, he will undertake the care of a few pupils to teach them French alone, or the dead languages and French. A line addressed to the De Chavla care of Mr. Duane at Washington city, or at Philadelphia, will be respectfully attended to. November 14—W3t
CHINA, GLASS, & QUEENS WARE, STORE. THE subscriber has just received an elegant assortment of china, glass and queens ware, among which are, A few sets of French china, East India do. China plates and bowls of all sizes, China glass mugs, Cut tumblers, do. wine glass, do. goblets, do. decanters, pint and quart, do. jelly glasses, do. salts. He has also as usual an assortment of groceries—best Spanish segars, Makintosh tobacco, Scotch and rapped snuff, Macabaw, &c. A. L. JONCHERES, a few doors below the Union Tavern, November 11—cop7t
JUST PUBLISHED, AND FOR SALE, BY RAPINE CONRAD & Co. New Jersey Avenue, near the Capitol. (Price 2 dolls. 25 cents in boards, or 2 dolls. 50 cents bound.) History of the British Expedition to Egypt. To which is subjoined, A sketch of that country and its means of defence. Illustrated with maps and a portrait of Sir Ralph Abercrombie. By ROBERT T. WILSON, Lieutenant colonel of cavalry in his Britannic Majesty's service, & Knight of the Imperial military order of Maria Theresa. September 28.
WAS committed to the jail of Baltimore county as a runaway, on the 17th inst. a negro woman who calls herself ROCHELLE MARY; she is about twenty-four years of age, five feet two inches high, dark complexion, much pock-fretted—she has on a blue spotted calico gown and striped ginghams petticoat. She says she was raised by col. Ezekiel Fetter of Doeliet county, on the Eastern Shore. If she is not released, she will be sold for her jail fees, according to law. James Wilson, Sheriff. September 18.
WAS committed to the jail of Baltimore country as a runaway, on the 6th inst. a negro man by the name of WILLIAM GROCE—He is about 50 years of age, 5 feet 7 inches high, a deep black complexion, thin visage, large thick lips, and has lost one lower and upper fore tooth, and has a scar on the back part of his left shoulder, occasioned by the cut of an axe; he has on a round about blue cloth jacket with sleeves, light colored mixed cloth vest, Osnaburg shirt and trowsers, and an old wool hat—he says he belongs to Mr. John Childs, of Prince William county, Virginia, within 15 miles of Dumfries. If his owner does not release him, he will be sold for his jail fees according to law. James Wilson, Sheriff. September 12.
Genteel Boarding, For members of Congress, and upon moderate terms. THE widow TOWNES living on the New Jersey Avenue—a pleasant distance from the Capitol, can accommodate from 10 to 12 members. Any member of Congress having his family with him, may have a part of the house, which is entirely separate and a door towards the street for their use; also a very good coach house with stable attached to the premises. November 4—3t
WAS committed to the jail of Baltimore county as a runaway, on the 3d inst. a negro man by the name of GEORGE FAIRFAX—he is about 17 years of age, 5 feet 5 inches high, dark complexion, bow legged, has a scar over his right eye, and has lost two of his upper foreteeth; he has on a country made cotton shirt and mankeen trowsers—he says he belongs to Mr. Prichard Wright, living in Westmoreland county, Virginia, near Cole Carter's mill. His owner does not release him he will be sold for his jail fees according to law. James Wilson, Sheriff. September 12.
By His Excellency JOHN FRANCIS MERCER, Governor of the State of Maryland. A PROCLAMATION. WHEREAS the General Assembly of Maryland did, by an act passed at the November session, seven hundred and ninety, entitled "An act directing the time, places and manner of holding elections for representatives of this state, in the Congress of the United States, and for the regulation of the said elections, and also to repeal the act of assembly therein mentioned," direct that the Governor and Council, after having received the returns, papers, and instruments containing the number of votes for representatives of this state, in the Congress of the United States, should ascertain the number of votes for every candidate and person chosen as a representative, and by proclamation, signed by the Governor, and dispersed through the state, should declare the names of the persons duly elected as representatives: We, in pursuance of the directions of the said act, do, by this our proclamation, declare, that by the returns made to us it appears, that John Campbell, Esquire, was elected for the fifth district; Walter Boies, Esquire, was elected for the second district; Thomas Slater, Esquire, was elected for the third district; Daniel Heister, Esquire, was elected for the fourth district; Nicholas Ruxton Moore, and William Mac Crady, Esquires, were elected for the fifth district; John Archer, Esquire, was elected for the sixth district; Joseph Hopper, Esquire, was elected for the seventh district; and John Dennis, Esquire, was elected for the eighth district. Given in Council, at the city of Annapolis, under the seal of the state of Maryland, this seventeenth day of October, eighteen hundred and three. JOHN F. MERCER. By the governor, Ninian Pinkney, Clerk of the governor and council.
In Council October 17, 1803. ORDERED That the foregoing Proclamation be published three times in each week for the space of two weeks successively, in the American Telegraph, and Federal Gazette at Baltimore; the Maryland Gazette at Annapolis; the National Intelligencer at Washington; Republican Advocate and Bartley's paper at Frederick Town; Graves' paper at Hagers Town, and the Star at Easton. By Order, NINIAN PINKNEY, CLK. October 24.
LIFE OF General Washington. JOHN MARCH, Respectfully informs the public that he is appointed to receive subscriptions for the Life of General Washington, by Mr. G. P. W. J. ne, the Proprietor of the Copyright. Proposals may be seen at John March's Store, George Town. Nov. 2—3t
THIS is to give notice that the subscriber of Washington city hath obtained from the Orphans court of Washington in the district of Columbia, letters of administration upon the personal estate of NATHANIEL GOODALL, late of said city and county deceased; all persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber at or before the 15th day of May next, they may otherwise by law be excluded from all benefit of the said estate—Given under my hand this 4th day of November, 1803. ORLANDO COOK, Adm. N. B. The sale will commence on Saturday the 19th November. November 4—law3w
BY AUTHORITY. SCHEME OF A LOTTERY, To build a Catholic Cathedral Church in the City of Baltimore. Dollars. 1 prize of 20,000 1 do 10,000 2 do 5,000 5 do 1,000 10 do 500 15 do 200 200 do 100 200 do 50 200 do 25 250 do 10 4,000 do 15 1 first drawn ticket after 2000, having a blank to its number, 500 2 do after 4000 do 500 1 do after 6000 do 500 1 do after 8000 do 500 1 do after 10,000 do 500 1 do after 12,000 do 500 1 do after 15,000 do 500 1 do after 18,000 do 500 1 do after 20,000 do 500 1 last drawn ticket, which may have a blank to its number, 4,000 7154 Prizes, 210,000 23,816 Blanks—Not two to a prize. 21,000 Tickets, at 10 dollars each, 210,000 The lucrative purpose of this lottery—the many very valuable prizes offered, and there not being two blanks to a prize, are considerations which give the managers reason to hope for a rapid sale of the tickets. The drawing will commence as soon as a sufficient number of tickets shall be sold to authorize it; and thirty days after the completion of the drawing, the prizes will be paid to the fortunate adventurers; subject to a deduction of fifteen per cent. Such prizes as shall not be demanded within twelve months after the drawing is finished, shall be considered as relinquished for the benefit of the church. For the satisfaction of those at a distance, it may be necessary to mention, that the managers have given bond to the mayor and city council in the sum of 120,000 dollars for the due payment of the prizes which may be drawn. Tickets to be had of the managers, or of such persons as may be appointed by them. Managers. Right Rev. Bishop Carroll, Rev. Francis Beallon, Messrs. David Williamson, Robert Waith, Charles Chequiere, Patrick Bennett, Arnold Livers, Luke Tiernan, Francis I. Mitchell. July 13, 1803. copst
The managers have lodged a number of officers in the above lottery in the hands of Wm. Brent and James D. Barry for sale. Valuable Lands and Lots FOR SALE. I will sell, on liberal terms of payment, to accommodate purchasers, the following Property, bequeathed to me, in trust with power to sell, by the late Mr. Thomas Dick, of Bladensburg, viz. THE valuable FARM which he had in his own possession, and lands adjoining thereto, containing in the whole upwards of 1300 acres. These lands are situated to the northward of Bladensburg, on the Eastern Branch of Potomac river, about three miles distant from that town, on a fine level road. From Bladensburg to the city of Washington, by land, the distance is about four miles, and by water five; and the Eastern Branch is navigable for large craft to said town. There is a great abundance of wood on the lands, and they are well watered in every respect; have a considerable quantity of rich bottom, some of which is already in grass. The improvements on the farm are good, and the whole under good fences. These lands can conveniently be laid off into three parcels, with improvements to each, and will be sold together or separately. Part of a tract of Land, called Hills and Dales, lying in Montgomery county, on the north-west branch of the Eastern Branch of Potomac, about six miles from Bladensburg, and about the same distance from Washington, containing 70 L. A. acres. Part of another tract, called Crawford's Adventure, lying to the south-east of Bladensburg, nearly adjoining the town, and adjoining the lands of the late Richard Henderson, esq. containing 160 acres all in wood. And 83 L. A. acres of valuable Marsh and low land, on the said Eastern Branch, about half a mile below that town, and adjoining the said lands of the late Mr. Henderson. The House and Lot in Bladensburg, on which the late Mr. Dick resided, containing about six acres; this scene of the best liaisons in the town, is generally admired, and commands a very extensive view. There is a good garden, ice-house, stable, and all other offices necessary for the accommodation of a private family, and the lot and garden properly inclosed, and all in good order. Should this house, &c. be sold previous to the 1st of December, it will then be to rent. One other lot or parcel of ground, adjoining the town lots, near the above mentioned house, and contiguous to the residence of Richard P. Lowndes, esq. containing 93 L. A. acres. Also, Lot No. 7, in square No. 704, in the City of Washington, being the north-east corner of that square, containing 9388 square feet. A further description of the property is considered unnecessary, as persons inclined to purchase will doubtless satisfy themselves by viewing the same. Mr. John Hough, at present residing in Bladensburg, will show the property, and the terms may be particularly known on application to him, or to JOHN LAIRD, Trustee. N. B. I hold 446 L. A. acres of Land, adjoining the above mentioned tract of Hills and Dales, which may be advantageous and desirable for the purchaser of the latter to have—and I will sell the same on similar terms. JOHN LAIRD. George Town, Oct. 24, 1803. cpwrtwtf
By LETTERS PATENT. What is generally useful, ought to be generally known. THE undeniable success which has attended the use of West's Rheumatic Ring. In the cases of the Rheumatism, Rheumatic pains and Cramps, has induced him to obtain Letters Patent for his invention, in order to secure his property therein, and defend the public against the mischievous effects of spurious imitations. The following instances of the efficacy of West's Rheumatic Ring, are selected from a considerable number, and submitted to public inspection, to demonstrate the value and importance of his discovery, and in no instance have they failed of success few of which are to be had at Mr. Wm. Rhodes, city of Washington near the Treasury office, at two dollars each. THOMAS WEST. I do certify, that I have had the Rheumatism in my knees, which was much swelled, I then applied to Edward West for one of his Rheumatic Rings, and by using it two weeks, I was perfectly well. Given under my hand this 6th day of December 1799, about six miles from Lexington. BENJAMIN BEELER. I do hereby certify, that I had pains in my arms, and I do believe by wearing a ring I have got from Mr. West, I have got clear of the pains. Lexington, Dec. 4, 1799. WM. ROSS. I do certify that my wife hath had the Rheumatism in one of her arms, and was very helpful to her for a long time, and I applied to Mr. Edward West, for one of his Rheumatic Rings, which appears to have greatly relieved her, and I believe it will perfectly cure her. Given under my hand, this 6th day of Dec. 1799. AZARIAH HIGGINS, near Lexington. I do certify that I have had the cramp in one of my legs these three years, and the latter part of the time extreme bad; I could receive no benefit from any thing, until I tried one of Edward West's Rheumatic Rings, which perfectly cured me in three days.—Given under my hand this 15th of March 1800. THOMAS VAUGHAN. I do hereby certify that I have had the rheumatic pains in both my arms, so that I was not able to work, and by wearing two rings which I got of Edward West, I have got perfectly well. Given under my hand this 26th day of December, 1799. ASA COMBS. I hereby certify that for several years past I have been much afflicted with the rheumatism, Mr. Edward West of Lexington, complimented me with one of his Rheumatic Rings, which I have generally worn, and have been entirely free from all symptoms of that complaint ever since. Given under my hand this 17th December, 1799. JESSE WILLIAMS, Bourbon Co.
FOR SALE. By the subscriber, in order to bring his friends closer together, the following property, viz. A complete assortment of dry goods, hardware, groceries, in Cumberland Allegany county, Maryland, at present attended to by Quilla A. Bowne, Esq. Also the house in which the store is kept with other necessary houses, and two lots in gardens—for the above property a credit of 6, 12 or 18 months will be given for approved paper. Also 200 acres of land in Allegany county, on the Little Crossings, and the road leading to Union town and Pittsburgh, some improvements and an excellent log camp are on this land. 1116 acres called Recourse, in Allegany county. 110 do. part of Bear Creek meadow. 64 do of Mount Hope. 100 do. called Matthews Lot; a coal mine is on this land. 9 do. called Coal Mine; a coal mine also there. 150 do. three fifty acre lots, no. 84, 2413, 1963. 3rd part of a tract called White Oak Point, in Harden county, Kentucky. 2000 acres in three surveys, two of 500 and one of 1000 acres. VIRGINIA. 1000 acres surveyed at an early period and adjoining col. Francis Darden's lands in Monomahala county. 1800 do. in Randolph county. The ties to the above property are clear—property in this place will be taken in part pay, and a credit for approved paper given on all. I have also for sale at my ware house in Water Street between gen. Mason's and Messrs Jeremiah Williams and Co. Martineque fugar in hogsheads and barrels. Do. coffee in bags. Sherry and claret wine. Cotte Brandy in hds 4th proof. New England Rum and Whiskey. Coarse Salt. Planter Fats, and Flour for family use. CHARLES F. BROTHAG. George Town, November 7—5wtf

TWO DOLLARS REWARD.
STRAYED away from the subscriber on the 25th ult.
Two fat Steers,
white with some red spots on the fore flounders a head, with some far on the middle of the back; the above reward will be paid for both, or one dollar, for either, and all reasonable charges paid by
MEAHLOM ATKINSON, near the Center Market.
November 7-3t
NOTICE.
WILL be sold at public auction, on Wednesday the 23d inst., at the Twenty buildings in the city of Washington, the personal property of Redmond Barry deceased, consisting of lome plate, household kitchen furniture, together with a horse and chair with harness, and one cow and calf. Terms six months credit for all bids over 20 dollars, the purchasers giving bonds with approved security for the payment with interest from the day of sale until paid.
JOHANNA BARRY, admx.
November 7-3t
RAPINE, CONRAD & Co.
NEW JERSEY AVENUE.
Have just received the following
NEW BOOKS.
THE life of Lorenzo De' Medici, 3 vol. Despot's travels in Upper and Lower Egypt during the campaigns of gen. Bonaparte in that country, 2 vol. Willich's Domestic Encyclopedia; or Dictionary of all useful knowledge, vol. I. & II. for which the subscription is still open—the price will be enhanced to non-subscribers. The Marriage Promise, a new comedy. Public characters, or contemporary biography, containing the memoirs of the most celebrated personages of this country and Europe. John Bull, or an Englishman's fire side, a new comedy. Tale of Mystery—ditto. Friend of Women, translated from the French, Boiffet's Select Sermons, &c. &c.
N. B.—R. C. & Co. Have always on hand, at moderate prices, writing letter and wrapping papers, quills, wafers, sealing-wax, ink powder, ink and sand stands, pocket knives, playing cards, parchment, blank and account books, copper plate copies, &c. &c.
FOR SALE.
A handsome NEW GIG and Harness full plated, built in Philadelphia, from the late London fashion, may be seen and the terms known at Mr. Lovell's, the Union Tavern Pennsylvania Avenue.
November 9-3t
4,000 weight of first quality
FIRKIN BUTTER
Just received and for Sale by ALEXANDER MCCORMICK, Capitol Hill, Washington, Nov. 7-1t
MILITARY LANDS FOR SALE.
By virtue of a power delegated to his executors, by the last will and testament of John Rose, esq. deceased, late of the county of Westmoreland, we the subscribers, having taken upon ourselves the execution of his said will, and qualified thereto according to law, now offer for sale, the following tracts of land, viz.
One tract of fifteen hundred acres, by patent, bearing date 7th of day of January, 1796, lying on Cumberland river, in the state Kentucky.
One of 1500 acres by patent, bearing date the 30th day of August, 1797, on the waters of Paint Creek, between the Miami and Sciota rivers.
One of 1500 acres by patent, bearing date the 25th of April 1800, also on the waters of Paint Creek.
One of 1500 acres by patent, bearing date the 25th of April 1800, lying on the banks of the Sciota river.
Two other small lots of one and two hundred acres on the waters of Lees creek a branch of the Battle Snake fork of Paint creek.
One other small tract, of 360 acres, in the same neighborhood—and lastly,
One other tract of 1500 acres, surveyed and patented for Burgess Bell, lying on a branch of Gaspar river, adjoining the upper corner of George Washington's survey, and the same having been sold and conveyed by the said Bell to the said Rose. Proposals for a purchase of the whole or any part of the said lands will be received verbally or by letter, addressed to any of the subscribers. The taxes on these lands have been regularly paid, and a clear and indisputable title will be made the purchaser, by
HENRY ROSE, Alexandria, } Executors. WM. ROBINSON, Leeds, } BERRY, Port Royal, } September 26. 2m
NOTICE.
ORDERED that Orlando Cook administrator of Nathaniel Coodall deceased, give notice to the creditors of the deceased to exhibit their claims against him by advertisement in the usual form, inserted in a newspaper in the city of Washington twice a week for three successive weeks.
Ordered also that the said administrator sell the personal property of the said deceased at public auction—on a credit of sixty days where any purchaser shall buy to the amount of more than twenty dollars; taking bond with security for payment with interest from the day of sale—all sales under the above sum to be for cash. But he shall give fifteen days previous notice of the time, place and terms of sale by advertisement in the National Intelligencer, and also at the most public places in the city of Washington.
Test JOHN HEWITT, Regt.
November 4-taw3w
FOR SALE.
THE Plantation on which I live, containing about 600 acres of valuable and. The improvements are, an exceeding good dwelling house two stories high, 42 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above stairs, with fire places in all but one, and a dry sweet cellar, the size of the house, in which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 18, two stories high, with a kitchen and laundry below, and lodging rooms for servants above. A washing house, meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy general neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the scythe and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides an abundance one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises.
OVERTON CARR.
September 19. ept
A Valuable Purchase.
To be sold by private contract, on an unusual long credit, a part of the valuable estate, belonging to ANTHONY ADDISON, esq. called Ghickester with additions, lying on the Waters of the Eastern Branch, immediately opposite the city of Washington. It extends from below the Navy Yard up to within a few yards of the foot of the bridge, and has on it the ferry over the Branch, commonly called Naiors, or Dyer's Ferry. The estate is divided into lots for the accommodation of purchasers, a correct plan of which is in the hands of capt. Marbury of Blue plains opposite Alexandria. Capt. Marbury may be spoken with at the bank of Columbia on every Thursday.
October 19. ep4w
Fifty Dollars Reward.
RAN away from the subscriber, on Saturday the 8th of this instant, a NEGRO FELLOW by the name of DICK; he is a likely well made fellow, about twenty or twenty-one years of age, five feet eight or nine inches high, rather of a light colour, has a good head of hair with a fine set of teeth and when spoken to has a smiling look; had on when he went away a green negro cotton great coat, German ozanburg shirt, hempen rolls overalls, and a felt hat about half worn. Took with him a short jacket of olive coloured cloth with yellow buttons, a pair of olive coloured fancy cord pantaloon, an old black broad cloth coat with metal buttons, with other articles of clothing not recollected.
He was seen at Frederickburg on the first day of the races, and it is probable he is still lurking about that place. He is the property of Doctor Robert H. Rose of this county, and was hired from him by the subscriber. I forward all masters of vessels and others from harbouring or carrying the said fellow out of this state at their peril. I will give the above reward to any person who will deliver him to me residing in Orange county, or secure him in any goal and give such information that I get him again.
LEONARD H. MAURY.
Washington. (Orange) October 24th. 3w
THOMAS CARPENTER, TAYLOR.
HAS just received an handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and greatest expedition.
Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol.
Oct. 14. ef
NOTICE.
APPLICATION is intended to be made at the Treasury for the renewal of the following described certificates of Registered debt which have been lost, viz. No. 2203 and 2204, given to James Moore and Andrew Henderson for 165 69-100ths cents each—one to Charles Auronet, No. 2199 for 165 69 100ths cents—another to Meredith Web, No. 2193, for 264 62 1/2 100ths cents, and one granted to Charles Miller, No. for 165 69 100ths cents, all bearing interest from 1st July 1781.
WILLIAM CALHOUN.
October 26.—6w
COLUMBIAN INN.
GEORGE-TOWN.
THE Subscriber begs leave to solicit the patronage of his former friends and customers, and informs them he still continues at the Columbian Inn—where he will be happy to have it in his power to accommodate them as usual.
JOHN H. BARNEY.
September 21. ept
AN persons having claims or demands of any nature against the subscriber
are requested to exhibit their accounts, without delay, to JOHN HEWITT or RICHARD FORREST, Esqrs. of the city of Washington, who are authorized, in my name, to adjust and settle the same and all persons indebted to me are requested to make payment to either of the gentlemen above named.
SAMUEL BLODGET.
March 30. ef
BISCUIT BAKE HOUSE,
Near the Sugar House New-Jersey Avenue.
THE subscriber has commenced the above business in all its various branches; where merchants or owners of vessels may be supplied on reasonable terms; also private families with the best of Crackers.
PETER MILLER.
Washington August 29. ef
I WILL sell five hundred and fifty acres of Land whereon I live, in Fairfax county, within five miles of the court house, and within twenty of the City of Washington, Alexandria, Dumfries, and twelve of the Occoquan mills, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, there is a great proportion of white and red oak, popular and hickory timber.—There is nearly one hundred acres of prime land for meadow, I will give six months credit for one fourth of the purchase money—twelve months for the other quarter, eighteen for the third, and two years for the last payment, a purchaser will find me on the premises.
TUES. POLLARD.
Feb. 21st.
JUST RECEIVED,
By the UNITED STATES, Capt. Finley from Liverpool,
Fall Goods, viz.
Brafs Plate and wire fenders and irons, shovel and tongs, pokers, bellows, coal hods, bell metal kettles, brafs footmen, knives and forks, plated bridle bits and stirrups, with a variety of faddlery, brafs ware, kitchen furniture, tools and building materials, &c.
HENRY INGLE.
Washington Oct. 28.—ep2m.
TO RENT
AND immediate possession given; a two story frame HOUSE, in the city of Washington, on sq. 124, opposite to Robert Peacock's esq. lately occupied by doctor Tibbs. Containing 3 rooms and a large pantry on the sit floor, two on the 2d floor with garret rooms—Kiaza and balcony to the south front, cellar and dry well, with an excellent garden—kitchen stable and carriage house, with every other convenience fit for the reception of a genteel family—for further particulars, enquire at the store of Mr. Xeupi a few doors east of Rhodes's tavern, north F street.
October 19. tf
LECTURES.
IN a science so various and complicated as the present system of the LAW, nothing which tends to facilitate the progress of the student can be deemed useless. It is with this view that the subscriber proposes to deliver during the winter, (and if suitable on encouragement offers, annually)
A COURSE OF LECTURES, On Education, Belles Letters, Composition, History and Law.
The subscriber means to divide the same into two distinct courses. The object of the division is, that young gentlemen who are designed to fill stations in active life, distinct from those of the learned professions, may resort to that course of lectures which will be delivered without a relation to the Law, which will be the sole foundation of the other.
If the plan should meet with success, the subscriber contemplates furnishing, next winter, a handsome Library, for the use of such gentlemen as feel desirous of patronizing the undertaking.
The municipal laws of each state will then be provided—That students at law from any part of the United States will find it, their interest to repair to the Metropolis, to pursue their studies; where they will have the advantage of attending the Congressional debates.
That facility of access which the houses of Congress offer, is a circumstance peculiarly advantageous to the student, and the youthful pleader, not only from the light which is thrown in the course of debate on controverted questions of law; not only to be derived from witnessing the eager contests, the vigorous attacks, the wary methods of defence, exhibited by men of the most conspicuous talents, rivals alike in abilities and interest, but especially from this consideration, that the speakers are, in general, exempted from the nature of their functions, from those defects to which pleaders are peculiarly exposed.
The Lectures will commence the first week in December next, and continue until twelve distinct Lectures in each course shall have been delivered.
The terms may be known by applying personally, or by letters post paid to ROBERT WARE PEACOCK, Attorney at Law.
City of Washington, October 19. NI&UGhD
Wants a Place.
WITH a gentleman or in a family, a young Man who has been accustomed to the care of horses and driving a carriage, a line left at the Office of this paper will be duly attended to.
October 2—7t
Lots for sale.
IN eligible situations, and upon very advantageous terms—A plan of the several squares in which they are contained may be seen and terms thereon by applying to, ROBERT W. PEACOCK, Attorney at law and Conveyancer.
MECHANICS HALL.
THE subscriber respectfully informs his friends and the public, that he has opened a House of Entertainment, on the causeway in George-Town, at the sign of the Golden Square and Compass, for the accommodation of travellers and others, entitled the Mechanics Hall.
All those who do not think themselves above a mechanic, will find it their interest to call on him, as he pledges himself to the public to be moderate in his charges, and to keep a supply of the best of every article in his line of business. Having several genteel rooms with fire places in each, parties on business can have private rooms. Oyster suppers while in season will be prepared on the shortest notice. Beer and porter. Also, newspapers of different politics, regularly filed in the bar room.
He also keeps a small assortment of Groceries, of the best quality, which he sells low. Any favor in either line will be gratefully acknowledged, by the public's humble servant.
ANDREW MCDONALD.
A few genteel persons may be accommodated on moderate terms with boarding by the week, month or year.
A woman, well acquainted with cooking, and of good character, is wanted, to whom liberal wages will be given.
August 3. zawtf
In the Case of LUKE SHANNON an Insolvent Debtor
IT is ordered that six months from and after the first day of November next, be limited and appointed for the Creditors to bring in and exhibit their claims to GEORGE ANDREWS of the City of Washington, Trustee, appointed for the benefit of the Creditors of the said Luke Shannon;—and that a copy of this order be published once in each week until the tenth day of January next, in the National Intelligencer. By order of William Cranch, Esquire.
URIAM FORREST, Clerk.
November 4-taw10j.
Conveyancing Office.
THE subscriber grateful to his friends and the public, for the support he has hitherto to meet with, begs leave to inform them, that his Office is now kept on 1 street, between the 6 and 7 buildings and nearly opposite the West market.
Titles to City lots investigated.
Business transacted at any of the public offices.
Lots and houses in various eligible situations to sell, lease, or exchange.
R. W. PEACOCK, Att. at law and conveyancer.
November 4-taw10j.
For Sale or Rent.
AN elegant two story BRICK HOUSE situated on South N. street, square 651 City of Washington, having four well finished rooms with an excellent cellar under the whole, a credit of 3 and 6 months will be given if sold for notes with approved indorsers. For further information enquire of ROBERT CHERRY, New Jersey avenue City of Washington, or JAMES KNIGHT, High street George Town.
November 4th. 1803. 2t&wtf.
N. B. A WOMAN that will undertake the care of a family, and can come well recommended, liberal wages will be given, enquire as above.
This day is Published,
By SAMUEL H. SMITH.
And for sale at his Office, and at the bookstore of Rapine, Conrad and Co. Price 25 Cents—
REFLECTIONS
ON THE
CESSION OF LOUISIANA
TO THE
UNITED STATES.
By SYLVESTRIS.
October 17, 1803.
NOTICE.
THIS is to give notice that the subscriber a Washington city bath obtained from the Orphans court of Washington in the District of Columbia, letters of administration on the personal estate of NATHANIEL GOODALL late of said city and county deceased; all persons having claims against the said deceased are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber at or before the 25th day of May next, they may otherwise by law be excluded from all benefit of the said estate—Given under my hand this 4th day of November, 1803.
ORLANDO COOK, Adm.
November 4-taw3w
FOR SALE
By LEWIS CLEPHAN East of the Branch bank on F. street City of Washington.
PAINTERS COLORS OF ALL SORTS. White Lead in kegs Red Lead, and dry, Spruce Ocher, Stone Ocher of superior quality, Gold Litage, Turkey Umber, Prussian Blue, 1st and quality, Vermilion, and quality, Belt Camin drop black, Kings Yellow, Painters Brushes of all Lined oil and spirits of turpentine, Window glass 10 by 12—8 by 10, and 7 by 6 Gold and silver leaf by the pack or book, Large sheet glass cut to any size.
Gentlemen sending their Salles will have them neatly glazed and on moderate terms. All orders from the country will be carefully attended to.
August 3. 12wtf
Conveyancer's Office.
THOMAS HERTY,
Grateful for past favors, informs his friends and the public, that he continues to prepare CONVEYANCES OF LAND and every other species of DEED or INSTRUMENT in the line of his profession, with legal precision, and on moderate terms, Title investigated, &c.
A choice selection of lots on the Pennsylvania avenue and in other desirable situations in the City to lease or sell.
N. B. Herty's Abridgement of the laws of Maryland in 1 vol. and Herty's Digest of the laws of the United States in 2 vol. for sale at the above office.
City of Washington, April 1st. 12wtf
St. Mary's County Court, August term, 1803.
State of Maryland, St. Mary's County ss.
WHEREAS application hath been made to Saint Mary's County Court, by the Heirs and Representatives of the late George Booth, of the said County, to obtain a division of the real estate of the said George Booth, agreeable to a commission returned, confirmed and recorded in our said Court. It is therefore ordered by the Court that John Booth and John Kenelm Booth, who are stated to be absent from the said County, and entitled if present, to make election to take the estate of the said George Booth, who as it is stated died intestate, be and appear before our said County Court, to be held at Leonard-Town in the said County, on the first Monday of March next, to make their election to take the real estate of the said George Booth, at the valuation made by the Commissioners under the aforesaid Commission, agreeable to the acts of the Assembly in such cases made and provided.
By order,
J. HARRIS, CLK.
St. Mary's County.
Oct. 26.—12w4w.
On Monday * will be published at Duane's Store Pennsylvania Avenue.
BLACKSTONE'S COMMENTARIES,
WITH
NOTES OF REFERENCE
to the
CONSTITUTION and LAWS
of the
Federal government of the United
States, and the Commonwealth
of Virginia.
IN FIVE VOLUMES
WITH AN APPENDIX TO EACH VOLUME.
Containing short tracts upon such subjects as appeared necessary to form a correct view of the laws of Virginia, as a member of the federal union.
By St. George Tucker,
Professor of law, in the university of William and Mary and one of the Judges of the General Court in Virginia.
A large collection of the most valuable books, and an extensive assortment of Stationery will be opened on the same day—Catalogues will be published in the course of the week.
The highest price will be given in cash for linen and cotton rags in any quantity from a pound to a ton weight—at the above store.
Book-binding, ruled work for accounts—Letter-press and copper plate printing executed—and orders for engraving by the best artists of America executed.
November 14—tf
Lately published
And or aleu
RAPINE, CONRAD & Co.
New Jersey Avenue, near the Capitol,
(PRICE ONE DOLLAR.)
Letters from his Excellency GEORGE WASHINGTON, to ARTHUR LOUGHR, and Sir JOHN SINCLAIR, containing an account of his handiwork, with his opinions on various questions in agriculture; and many particulars of the rural economy of the United States.
November 11—w3t
200 DOLLARS REWARD.