The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-01-20 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1134
FIVE DOLLARS PER ANNUM,
WEDNESDAY, JANUARY 20, 1808.
PAID IN ADVANCE.
FOR THE NATIONAL INTELLIGENCER.
MR. SMITH,
It is not to excite prejudices nor to solicit favor, that I so far depart from the reserve which I have adopted for my government, pending the enquiry at issue, as to proffer the subjoined testimonials to the public eye.
But it is to mark to the candid and independent, the irreconcilable conduct of the hon. John Randolph's very honorable informer Daniel Clark, that I transmit them to you for publication.
However my own persecutions may terminate, what estimate can be formed of the character or credit of an individual, who so late as fifteen months ago, paid tribute to the talents and integrity, and even sought the patronage of the very man, whom he has recently accused of high crimes and misdemeanors of twenty years standing.
Citizens of America! pause and reflect—you have a glimpse only of "damning truths"—be patient and all will be out.
JA: WILKINSON.
Washington, Jan. 16th, 1808.
[COPY]
New Orleans, 27th Sept. 1806.
DEAR SIR,
I have been favored with your letter from the Heights, and had you previously informed me when you might be expected there, I should have been on the spot at the time of your arrival. Removed as you now are to a distance of 150 leagues from Orleans, it will be morally impossible for me to undertake a journey to see you, as the near approach of winter renders my departure for the Atlantic states indispensable within a fortnight, and I shall not be here till some time after Congress breaks up. Neither myself nor any other of your friends will ever doubt that you will act with the Spaniards with as much prudence as your orders permit, and if hostilities should be the consequence, your superior must be responsible to the nation and not you for the conduct. The only thing I fear is that you should not have force enough to defend the country, in case of an attack; as Folsch has at least 1,200 to 1,500 regulars in Pensacola, and if you strike on the side of Natchitoches you ought to be prepared for a retaliation on his part against this quarter. On the militia of the lower country you must place no reliance. They never have been organised; they are unarmed, and I know there are in the stores, but 2,500 stand of spare arms, a great part of which I presume it would be necessary to keep for the troops—to supply them in case of accident. Besides, you know that the Planters and merchants will not easily leave their homes to the utter ruin of their affairs, when there is no force to compel them.
I know I am entering into a THORNY path and shall expect a great deal of trouble. I would thank you for your advice, to direct me, and if you would give me a line to some of your friends in Congress, disposed to favor or serve Louisiana you would, perhaps, afterwards find your account in it. You may direct to me to the care of Mr. Daniel Wm. Coxe at Philadelphia, until the session commences.
I have received the rejected grants of land, and would be obliged to you to give me what information you are possessed of respecting the proceedings of the board of Commissioners, what the people of the Upper Country expect, and what it would be proper to attempt for them with any hopes of success.
You will much oblige me by giving me from time to time, advices of what is passing on the frontiers and point out in what way you think I may be of service to you.
I remain with esteem,
Dear Sir,
Your most obedient servant,
(Signed) DANIEL CLARK.
Brig. Gen. WILKINSON.
[COPY.]
Houma, 2 Oct. 1806.
Dear Sir,
I heard by Capt. Turner, that you had got to the Rapids of Red River, and were to proceed next morning for Natchitoches. I long to learn your arrival there, and the result of your communication with Herrera, which I presume must be unsatisfactory, as he cannot in honor recede,
after what has already passed, even were his orders discretionary. I therefore suppose hostilities must take place, and were the preparations and means in your power equal to the object, I should have no doubt, but you would bring matters to an honorable issue for yourself and your country. I flatter myself, however, that if your force is small, you will not expose your reputation unless circumstances should be so favorable as to promise you victory.
Capt. Turner informed me, that you expected I would see you at Natchitoches. On reflection, you must perceive the impossibility of realising such an idea, as I have not time sufficient to undertake the journey and return to Orleans previous to the time requisite for embarking for the seat of government, and however strong the desire of seeing you is, on my part, I must defer the pleasure till my return in the spring, or beginning of summer. Of this I had already advised you, previous to leaving town, and for fear of accident, now mention it a second time, that you may not be disappointed, by waiting to take any measures till you saw me.
Peace between England and France was confidently expected; messengers were daily passing between them, the English funds had raised, and concurring advices from other quarters give every reason to expect, that this great event may shortly take place. It may have a great effect on our politics, and I wish we may not be exposed to the vengeance of the three great maritime powers of Europe, by our conduct to each of them. You are, however, better able to calculate the effects to be feared or expected than myself and I shall refrain from further observations. I shall write to you from Orleans previous to my departure, and will advise you from thence of any thing new in my absence. I sincerely wish you success and that the means of insuring it depended on yourself alone.
I remain,
Dear Sir,
Yours, sincerely,
(Signed) DANIEL CLARK. Brig. Gen. Wilkinson.
VERMONT.
The following patriotic sentiments were unanimously adopted by the General Assembly of Vermont at their late session at Woodstock.
WE, the Governor, Council and House of Representatives of the state of Vermont, viewing with indignation and abhorrence the violent and unjustifiable conduct of the cruisers of his Britannic majesty, in the impressment and murder of American citizens and the plunder of their property upon the high seas, and, even in the very entrance of our harbors, and more especially in the late hostile attack made with circumstances of unparalleled malignity upon the American national frigate Chesapeake by the British ship of war Leopard,
Do Resolve, That at this awful crisis, when our national honor and independence are insulted by a nation with whom we, forgetful of former injuries, have not only endeavored to cultivate harmony, by preserving a strict and perfect neutrality, but to conciliate their friendship by every act of benevolence, humanity and assistance, compatible with justice due to ourselves and to others, it is the duty of every American to rally around the constituted authorities of his country and to support them with his life and fortune, in resisting any encroachments on our national and individual rights, by any foreign power whatever, and in procuring redress for the many injuries we have sustained, and which our patient and friendly forbearance has suffered too long—injuries, committed in a manner unusually barbarous, and calculated to fix an indelible disgrace upon the British character.
And it is further Resolved, That we do accord our warmest approbation to the measures adopted by the President of the United States on this trying occasion, and that we have the most perfect confidence in his wisdom, integrity and ability so to direct the energies of the government as to preserve our honor as a nation, free from taint or reproach, and our liberties as individuals, secure from violation—And we do further, for ourselves and our constituents, declare
—that, fearless of the dangers to which we may be exposed as a frontier state, we shall be ever ready to obey the call of our common country, whenever it shall be necessary either for the purposes of redress or vengeance.
And Resolved, That a copy of the foregoing resolution be made and immediately transmitted to the President of the U. States.
A true Copy,
ATTEST,
TH: LEVERETT, Sec'y of State.
To the foregoing the President has made the following
REPLY.
Washington, Dec. 1, 1807.
SIR,
The Secretary of State has communicated to me your letter to him of the 14th of November, covering the resolutions of the General Assembly of Vermont on the 4th of the same month.
The sentiments expressed by the General Assembly of Vermont on the late hostile attack on the Chesapeake, by the Leopard ship of war, as well as on other violations of our maritime and territorial rights, are worthy of their known patriotism; and their readiness to rally round the constituted authorities of the country, and to support its rights with their lives and fortunes is the more honorable to them as exposed by their position, in front of the contest. The issue of the present misunderstandings cannot now be foreseen; but the measures adopted for their settlement have been sincerely directed to maintain the rights, the honor, and the peace of our country; and the approbation of them expressed by the General Assembly of Vermont is to me a confirmation of their correctness.
The confidence they are pleased to declare in my personal care of the public interests, is highly gratifying to me, and gives a new claim to every thing, which zeal can effect for their service.
I beg leave to render to the General Assembly of Vermont, and to yourself the assurances of my high consideration and respect.
TH: JEFFERSON.
His Excellency GOVERNOR SMITH.
The following resolutions have been adopted by the Legislature of Tennessee.
"Resolved, That it is the sense of the legislature, that the absolute tenure of the office of Judge under the Constitution of the United States, until conviction according to the strict rules of the common law, and removal by impeachment, is contrary to the interests of a free people, and the genius of a representative republic."
"Resolved, That at the desire of a respectable majority of the people of the United States, expressed by their representatives, any one or more of the Judges of the Supreme Court of the United States ought to be subject to be removed from office without conviction on impeachment of any crime or misdemeanor."
"Resolved, That the continuance in office of a man who is appointed to the high office of judge, and is found, on experience, not to possess those qualities which would enable him to adorn that station and to discharge with fidelity the duties required, is equally injurious to the interests of individuals and the public weal, as the continuance of an unworthy member in the legislative or executive department."
"Resolved That on application of three-fifths of the members of each House of Congress of the United States any one of the Judges of the courts of the United States should be subject to removal from office by the President of the U. States, without impeachment."
"Resolved, That the representatives from this state in the Congress of the United States be requested, and the senators be directed to use such measures as are in their power, to cause the first section of the third article of the Constitution to be amended to effect the above object."
Richmond, January 12.
The following resolution was moved in the House of Delegates on Saturday last, by Alexander S. Heco, Esq. a member from the county of
King George. On the resolution being read from the Chair, a motion was made for the previous question being taken, which produced an animated discussion till very late in the evening; when a motion was made that the House should adjourn, which being carried, no decision was had on the resolution, and it lies over to be taken up again. Most of the gentlemen who spoke, were in favor of the resolution, with some trifling amendment.
"At an important crisis like the present, when we are threatened with war by the rival powers of Europe, it is of the highest importance we should have at the head of our army a man of the most unblemished reputation, who instead of exciting doubts, should inspire confidence. The present commander is not that man—he has been suspected (and with too much cause) of being engaged in treason at home and treachery abroad."
"Resolved therefore, That the FEDERAL EXECUTIVE be requested to cause an immediate enquiry to be made into the conduct of Brig. Gen. James Wilkinson, commander in chief of the armies of the U. States."
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE.
On the Resolution for requesting the President to cause an enquiry to be made into the conduct of GENERAL WILKINSON.
TUESDAY, JANUARY 5.
(CONTINUED.)
MR. BURWELL's motion for calling on Mr. Randolph and Mr. Clark, for information being yet under consideration.
MR. SMILIE was thankful that this motion had been brought before the House; indeed it was the motion which should in his opinion have preceded every thing else which had taken place; and he must confess that it was to his mind an instance of higher confidence than he had ever known in a legislative body, to proceed for two days on information read to them by one of its members. It was certainly the step proper to be first taken, to demand that those papers should be deposited on the table, and put into possession of the House; and after two days spent on the subject, they had at last got into the correct track. He would agree to this motion, and would have agreed to the motion made on the first day on which the House considered this subject, not that he concurred the House had power to act on it, but to avoid consequences which he saw would result, and which had resulted. Happy would it have been, had the resolution passed then, because they would have avoided what had fallen in the course of debate. The gentleman from Virginia had told the House that he had at least gained one part of this object; it was to prevent his gaining his object that Mr. S. wished to have decided on the resolution immediately. [MR. RANDOLPH said he had gained one object, but it was impossible for the House or the gentleman to know what that object was; if the gentleman had any curiosity to know, he would inform him.] Mr. S. said he meant not to meddle with the private affairs of gentlemen; he meant public affairs, and would state two objects which had been attained. In the first place this object was gained; the gentleman from Virginia, from the whole tenor of his conduct, and from his speeches, had conveyed an idea that he was fully convinced of the guilt of the officer implicated; gentlemen possessing the same sentiments with the gentleman from Virginia had preferred the opportunity to make inflammatory speeches, and to say every thing they could against this character, and these speeches were taken by the stenographers and transmitted to the most remote parts of the union as their verdict on his guilt. Was it possible, under these circumstances, that this officer should enjoy the right of a fair trial? He knew nothing of the conduct of this officer, nothing of his innocence or his guilt, but he knew him to be a citizen of the U. States; and as such entitled to an impartial trial; and from that he would now be precluded by being prejudiced. How tender was the law in civil and criminal prosecution! It was well known that if a man undertook to write and publish on a pecuniary trial, he was liable to be punished for contempt of court. So careful was the law to prevent prejudice.
Mr. S. had listened with all his power of attention to the discussion on this subject; he had heard strange doctrines delivered on this occasion, but particularly by the gentleman from N. York (Mr. Gardenier) who seemed to have forgotten that the nature of a government had all to do with it.
government possessing supreme power, and had supposed that there was no limit to the omnipotence of the House of Representatives. This was the amount of the gentleman's ideas. The gentleman should have recollecting that this was a limited government, and in talking on this subject, he should consider the House of Representatives as moving only in the bounds prescribed by the constitution, and possessing no other power than they are invested with by that instrument. For what purposes were free governments instituted? For two great objects; to secure the rights of the community and to secure the rights of the individual. It appeared to Mr. S. that in the course of the discussion of this business one of these objects had been entirely overlooked. Gentlemen seemed to have entirely forgotten the right of the individual whilst asserting the right of the community. Would gentlemen look into the constitution, they would there see how tender the convention had been on this point—that personal rights were held more sacred in that instrument than those of the community. Permit me, said he, to read this part of the constitution, because I believe that in this case the personal rights of general Wilkinson are violated by the course now taken.
[Mr. Smilie then read those articles of the constitution securing the life, liberty and property of the trial, and guaranteeing an impartial trial to every person accused.]
Mr. S. said he read these to show that by the constitution the rights of the individual were as well secured and considered as important as those of the community. Now this being the case, said he, is it fair, before the person is put upon his trial, that he should go through the scorching ordeal of a discussion on his conduct in this House? Can he under such circumstances be said to enjoy the undoubted right of every citizen to a fair trial? It may be said that he is a military man; for his conduct as a military man he is answerable to a military tribunal; but as a citizen, he is subject to a trial before a court of justice; and if he is guilty of that where with he is now charged, there is not a doubt on my mind but he is amenable to a court of justice for his conduct.
But another object had been gained besides denouncing the man. The gentleman from New Orleans had, by a strong implication, impeached the conduct of the President of the U. States in this business, by telling the House that he had given him the necessary warning, and that a deal ear had been turned to the information. Thus another end had been gained. These two ends were what Mr. S. had been inclined to prevent, by an earlier decision on the subject.
With respect to the right of the House to interfere in the matter at all, he begged to be allowed a few words. He believed this information and this business altogether had been improperly laid before the House. This House was not the tribunal to hear and decide on a case of this kind. It was therefore his opinion that it was the duty of the gentleman from Virginia (Mr. Randolph) instead of bringing the matter before the House, to have laid it in the first instance before the President of the U. S. to whom alone general Wilkinson was answerable for his conduct as an officer of the U. States. But if this course had been taken, these ends would not have been answered as they had. Whether this was the object of the gentleman, or the reason why this course had been taken, he would not say.
Mr. S. asked any gentleman in the House to point out that part of the constitution which would authorise or even warrant the power of acting on this subject. No such power could be shown. If then there was no such power granted by the constitution, how could gentlemen come forward and support this doctrine? Some gentlemen had endeavored to show this power was implicitly vested in them; and one gentleman had risen to tell them that they had never doubted the right to call for papers. Mr. S. said they never had, and he hoped they never would. They had no right to papers, however, except in a case in which they had cognizance or the power of acting. If then they had no power to act on any particular case, whence could flow the incidental power of acting in matters incidental to that case? From what source did they derive it? No power being given, no incidental power could exist. Thus he reasoned on this subject.
He found this authority of the House was one which had been very much discussed; and he begged leave to state a case which in some measure applied. In the fifth Congress, when the House of Representatives were upon the subject of the British treaty, they called upon the President of the U. S. to lay certain papers before them—exercising a right which they undoubtedly possessed as an incidental power. A resolution thus calling for specific papers was sent to President Washington, who in a few days returned for answer, that it did

not occur that these papers related to any subject under cognizance of the House. This was a clear expression of the opinion of Washington on this subject. Whether it was or was not correct he would not say; but of this he was sure, that except where the House had cognizance, they had no right to take such a step as that now contemplated—to throw the whole weight of this House against any officer, civil or military. And let me tell you, said Mr. S. that the effects of this proceeding will, and cannot otherwise than produce a serious evil.
However, as the matter had progressed so far, although the conduct of the House had been altogether incorrect, he would now agree that these papers should be called for as proposed, and transmitted to the Executive; and he hoped the House would go no further.
Mr. Macon said, inasmuch as he was, he would state to the House that the course proposed by the gentleman from Virginia was the same which had been proposed by the journal had been proposed in the case of St. Clair, and that he then gave the same vote which he should give upon this occasion. He was then of opinion that the House had a right to make the request. This proposition was then negatived, and a resolution adopted to appoint a committee of enquiry. Gentlemen who voted with him at this time were of the same opinion as himself. With respect to General Washington's opinion, it was well known that the House replied to this message, and stated that they were not bound to assign reasons for the call. Nor will I, said Mr. M. ever give any reason for a call upon the Executive. This is no new opinion with me, but formed so long ago as the case of St. Clair; it is not an opinion made up on the occasion, but upon conviction.
Mr. Clark rose to correct an expression of the gentleman from Pennsylvania, who had talked of insinuations. I am unaccustomed, said Mr. C. to insinuate; what I have said, I thought I had satisfactorily explained; that the subject on which I spoke to the President did not particularly relate to the case before the House, but to certain transactions between certain people in Kentucky and the Spanish government. I, at that time, offered certain information and certain papers. These being refused to be received, I thought it needless to offer any name when the whole subject was not listened to.
In the present case Mr. C. wished the House to attend to the peculiar delicacy of his situation. He was supposed to be possessed of evidence, and would be called upon to give it. He was here a solitary individual, 1500 miles from his own country; it could not be expected that he had vouchers with him to support what he might testify. How could he give evidence if called upon, before a court of inquiry, who had not the power to send for persons and papers. He hoped gentlemen would think of it; if an inquiry must be had, and he must be forced to say what he knew, he hoped the House would allow him the means of substantiating what he said; would let it be before a tribunal which had power to send for persons and papers. The subject which he had laid before the President related to general cases; if particular persons were therein implicated, he could not help it. He hoped the House would consider the delicacy of his situation before they decided.
Mr. Rhea (T.) said he had attended with as much attention as he could do to the discussion on this subject, but was at a loss to know what this resolution would operate, and how the House was to act on evidence which it might produce. If a volume of testimony was the result, what could be done with it? He should suppose that every court of law or court martial, would admit that testimony, however voluminous or to whatever extent. If so, why should the time of the House be taken up in canvassing a point which could answer no purpose? If he recollected aright the provisions of the constitution, it gave this House the power of collecting evidence in cases of impeachment, and respecting its own members, and in no other cases. If there were any other cases in which the House could institute enquiry, he wished them to be shown; for until it were, he should act according to the constitution, because he was bound to do so, and not to depart therefrom. Holding this opinion therefore, he did not feel disposed to give this measure his vote. The House had been told that the rights of individuals had been violated; if so, there was not a single one of those individuals but might commence suit in a court of justice, for this violation.
A recurrence to the date of the letters submitted in evidence would lead the mind to contemplate a chain of
events which appeared to be connected with this matter; for it would be recollected by the House who was then President of the United States, and who had since filled that high office. If Mr. R. understood the date of those letters, they were written in February, 1796. It would be recollected that under the presidency of Washington, General Wilkinson was appointed a Brigadier General; under Mr. Adams, he became commander in chief of the troops of the United States, and he had been continued in that office under the administration of Mr. Jefferson. It was known that on 3d of March, 1797, General Washington ceased to be President, and Mr. Adams succeeded him. It appeared to Mr. R. to be wonderful that these transactions should have taken place, and General Wilkinson should have retained the confidence of these three great men. Under the venerated Washington he had been made Brigadier General, and under Mr. Adams appointed, and till this time continued commander in chief. If these charges which had been made were true, how could they remain in doubt to the present day? He had seen no evidence brought forward which could balance the confidence he felt in this man from the weight of character he possessed. Of what avail were a letter or two from Spanish governors, when put in competition with the general character of this officer? If General Wilkinson had injured an individual, let him apply to a court of justice for a remedy of his wrongs. In the manner proposed, Mr. R. could not proceed.
The President of the U. S. being commander in chief, had a right to institute an enquiry. If the House therefore adopted the course proposed, and went on to institute an enquiry into the conduct of any officer of the army, they went to prevent the proper department from investigating the subject as it had a right to do. By the Constitution he understood the Executive of the U. S. to be as complete a part of the government as the Congress, and to that department was assigned the performance of particular acts; and if it had not neglected its duty, why was this business here taken up? For no beneficial purpose that he could see. Inasmuch as General Wilkinson had not been committed by the evidence exhibited, and as what he is now he was when the present administration came into office. Mr. R. thought the House should go no farther in the business if they even had the right, which he contended they had not, and he should therefore vote against the resolution. The question being called for, he would say no more at this time.
(Debate to be continued.)
DEBATE
On the memorial of the Governor by direction of the Legislature of Massachusetts, in favor of the Yazoo Claimants.
(Continued.)
Monday, Jan. 4.
Mr. Troup said he did sincerely believe that the gentleman from Vermont (Mr. Elliot) was really with all his pretensions to honesty, what he knew a majority of the Yazoo Legislature to be: and with this observation he would pass over—[Mr. T. was here called to order by the Speaker.] Mr. T. said he was extremely sorry that on this subject he should trouble the House; he felt at this time particularly disqualified. Was this business never to be finally disposed of? Did the claimants calculate their chances of success on the confidence or rather on the audacity with which they urged their claims? Was the justice of their claims to be estimated by the indefatigable assiduity with which they renewed their pretensions? And pretensions too which were audacious, unfounded, and insolent, originating in fraud and corruption, embellished with murder, perjury, and every species of enormity! He trusted there was virtue sufficient in this assembly to treat the claimants with contempt. He flattered himself that the Legislature would not degrade itself by a compromise with speculation and corruption: he presumed the capitol was not the place where speculators were to seek indemnity. If it were they had better appropriate five or six millions of acres to these injured persons, to these miscalculators of profit and loss, or rather to these men ruined by the unsuccessful exercise of the arts of bribery and corruption. What did the memorialists demand? That this House should indemnify them for losses sustained by the act of Georgia. Would they do it on the broad principle of relieving all speculators in distress, or from the cession to the United States by the state of Georgia of the land in question? On the last principle, they would not presume to attempt it; for they knew that they had not the power.
On this account he wished the memorial to be rejected. He was as much disposed as any gentleman on the floor to treat the state of Massachusetts with respect as an integral part of the Union: but he would ask, what right had the state of Massachusetts to interfere with an individual claim? None.
Mr. Elliot said that he had done all that could be required of him as a son of Massachusetts, to vindicate the character of her citizens; & if the members from that state could sit silent under the new attack that had been made upon them, he had no objection. But as the gentleman from Georgia did not even yet appear to know him, he would talk to those that did know him. He never had, he never could have had—the thing was impossible—it was abhorrent to his nature—any interest whatever in the Yazoo speculation. And he repeated the declaration that he did not know one of his constituents, numerous as they were, who had any interest in it. There might be one, there might be two, there might be six, among sixty or seventy thousand people, but he did not know that there was a single one.
Mr. Smilie said it was unfortunate that upon this subject and some others they could not debate with that calmness always necessary for deliberation. He would suggest to the House the propriety of referring the petition before them. Let us, said Mr. S. consider the source from whence it comes, and I will be bold to say that there never was an instance in which the Congress of the United States has refused to pay attention to, and treat with delicacy any communication from the government of a state: and it certainly is good policy always to treat them with respect. He recollected a circumstance which caused much discontent, and where in his own opinion the Legislature of Virginia was not treated by the Legislature of Massachusetts with that respect which was due to her: but the conduct of that Legislature was not however such as was now proposed to be adopted towards the state of Massachusetts. He alluded to a proposition from Virginia to Massachusetts to join in a petition for the repeal of the alien and sedition laws. In the senate of Massachusetts it was committed and a report made on it, that it was not such as comported with the dignity of that state or as was due to the state of Virginia. If the state of Virginia had been discontented then, what would the state of Massachusetts be if treated in the manner which was proposed? Was this the day for scattering the brands of discord in this House and in the nation? Did they not know that times were pending in which it might be necessary for the general government to call for aid from every state in the Union? If events should arrive which were but too much expected, the state of Massachusetts was no inconsiderable part of the Union. Then, said he, in the name of God let us treat that state with respect. Those members who have been in a former Congress, may have their minds made up on the subject; but there are a great many members here who have never heard the subject agitated or debated on the floor of Congress, and ought to be allowed an opportunity of judging for themselves. I wish to preserve harmony. For Heaven's sake let us take no step to infringe it.
Mr. Randolph did not intend to have said anything upon this subject, indeed he was in no condition to say much; but an observation of the gentleman from Pennsylvania who had just sat down called upon him for some explanation of the reasons which would govern his vote. Mr. R. thought that this question had been very improperly connected with state rights—rights which he would forever uphold. He could consider the representation of the legislature of Massachusetts through their executive in no other light than as the act of the individuals who had made it. What rights of the state of Massachusetts were involved in the subject? Was the matter in controversy between that state and the United States? between Massachusetts and Georgia? between Massachusetts and any foreign power? or between individuals, where the rights of Massachusetts as a state were drawn into question? Certainly not. Did this state come forward to show that the franchises of her citizens, secured to them by the constitution, had been invaded? No man could pretend it. The legislature of Massachusetts had then, he must say, unwisely thrown the great weight of her respectability into the scale of a private claim, and of the most odious nature too. If therefore the consideration, otherwise due to her, was impaired, it was by her own act. He could recognize in this act none of the rights and nothing of the dignity of a sovereign state, and should vote with as little hesitation against the petition as if it were supported only by the same number of private individuals. And was this a denial of the sacred right of petition? Had not those claimants been repeatedly heard before that House? Their petitions received and
discussed? Was not the House in possession of every fact material to a correct decision? and did it not become them to affirm the deliberate sentence passed at a former session?
The House had been warned against making this question a subject of division at this time. It had been the origin of the first and he might almost say of the last schism in the republican party. Nor was it matter of surprise that it should have been so. The opinions of men never until then called into question, of the leading characters in administration, were for the first time thwarted and exposed. Swarms of expectant nabobs had been awakened from their golden dreams and the patrimony of the people wrenched from their very grasp. Nor was it possible for the opponents of this measure to do justice to their cause without holding the mirror up to corruption and compelling her to view her hideous and disgusting features. Heats and animosities the most virulent could not fail to grow out of such a discussion. The seeds of discord were then for the first time sown amongst them; he defied any man to trace their divisions to a higher source; and he asked if it would not be better to bury the cause of them by giving the petition the most decisive and instantaneous rejection?
Mr. Brien said from some observations which had been made he deemed it his duty to say a few words more on this subject. When the memorial was read, he had thought it was not worthy of a place on their table, and he should have moved to have thrown it under the table, had he not understood that such a motion would not be in order. He would freely declare that it was his intention to treat the memorial with contempt, because he conceived that it deserved it. When a claim was brought before the House, founded in fraud and corruption unequalled in any age, it ought to be rejected. The gentleman from Massachusetts knew nothing about the claim, never examined it at all; and yet the House were told, that in rejecting it they would do violence to the feelings of a state. [Mr. Bacon explained that he had not said anything to the purport of what had been just attributed to him.] Mr. B. said he had certainly understood the gentleman to say something like this.
The observation which Mr. B. had intended to make when he rose, was this: that if they permitted this petition to be committed, they indirectly acknowledged that this House had a right to legislate upon the subject. Now he contended that Congress had no right to grant the prayer of the petition, and therefore had no right to refer it. The origin of the claim was well known. In the year 1795, the legislature of Georgia, under the influence of bribery and corruption, passed a law giving a great number of acres of land, and which was repealed at the subsequent session of that legislature. He believed he might say that this claim originated with the constituents of the gentleman who presented this memorial; if not, however, it was certainly known in the town of Boston, before it had been proposed to the Legislature of the state of Georgia. But the act of cession to the U. States by the state of Georgia, particularly stated what claims should be considered valid; amongst which claims this could not be found. Now, as the state of Georgia had enumerated claims which should be granted, and this was not one of those, Congress had no right to grant the land in question; and it was the opinion of the state of Georgia expressed by a late resolution of her legislature, and which every gentleman might have seen in the National Intelligencer within a few days, that Congress should not compromise the claim.
(DEBATE TO BE CONTINUED.)
Monday, January 18
The Speaker laid before the House the annual report from the Secretary at War, on the subject of invalid pensioners.—Referred to the committee of claims.
Also, a letter from the Secretary of the Treasury, relative to the clerks in that department.—Referred to the committee of Ways and Means.
Also, a letter from the Treasurer of the United States, with an account of the receipts and expenditures from the 1st of October 1806, to the 30th of September, 1807: also, of the receipts and expenditures for the war and navy departments, for the same period; which was referred to the committee of ways and means.
On motion of Mr. Basset the House went into committee of the whole—46 to 26—on the report of the committee appointed to prepare standing rules and orders for the government of the House, Mr. Manion in the Chair. And after having gone through the report, and made several amendments, the committee rose and reported it to the House as amended; and its further consideration was postponed, on motion of Mr. Holland.
The engrossed bill for appropriations for the support of government, being called up for its third reading,
Mr. Stanford moved to postpone the decision on it till a future day, that they might previously pass a bill for regulating the salaries of the clerks in the respective departments.
After some objections from Mr. Campbell to the motion, expressing a belief that the subjects were not necessarily connected,
Mr. Stanford withdrew his motion.
A motion made to adjourn was negatived—Ayes 18.
The Speaker proceeded in reading the bill, but being impeded from the inattention and conversation prevalent in the House,
Another motion was made to adjourn, and negatived—Ayes 28.
The bill was then gone through, and passed without a division.
WASHINGTON CITY.
Wednesday, January 20.
CASE OF JOHN SMITH.
On the 16th inst. Mr. Anderson, from the committee to whom were referred several resolutions, which were offered to the consideration of the Senate, in the case of John Smith, Senator from the State of Ohio, reported the following resolution:
Resolved, That on the first day of March next, the Senate will receive such testimony as John Smith, Senator from the state of Ohio, may then adduce in his defence, and that the Senate will then proceed to the final consideration of the report of the committee appointed on the 27th of November last, to inquire into his conduct, as an alleged associate of Aaron Burr; provided, in case Mr. Smith shall adduce evidence to discredit any witness, whose testimony has been made use of against him; that he shall make it appear to the Senate, that reasonable notice had been given to the witness so intended to be discredited, of the time and place appointed for the taking of such evidence, and that he was served with a copy of this resolution.
On the 18th inst.
Mr. Anderson moved that the Senate proceed to the examination of Col. James Taylor at their bar.
Mr. Maclay, after some preliminary remarks, to show the incorrectness of further delay, moved to postpone the motion for the purpose of taking into consideration the report of the day of December.
A short conversation ensued on the course of procedure, in which it was remarked that as Mr. Smith had made some complaints relative to the examination of Col. Taylor before the committee, and as he, col. T. had been a long time absent from his family and was extremely anxious to return home, it was most advisable before any further steps were taken, that he should be examined.
Mr. Giles rose to state to the Senate two circumstances which had been mentioned to him on the part of the accused; one was that he (Mr. S.) had no objection to going on with the examination of Col. Taylor as soon as his counsel came from the court room where he was now engaged, which he was advised would be in about half an hour; the other was his wish to be excused by the Senate from voting on any question until a final decision on the question of expulsion.
The President said the Senate could make no such order.
Mr. Bayard intimated that this would not be an inhibitory order of the Senate, but the mere allowance of the prayer of a member, who, on his own application, would be excused from voting, and that such an allowance was frequently made in individual cases.
Mr. Giles said that the gentleman from Delaware had exactly stated the grounds on which the application was made. It could not be viewed in the light of a prohibitory order; but as an order passed at the special instance of Mr. Smith. Mr. Giles observed that he had been induced to make this application because he thought it right in itself, and as it had been often done in particular cases. The present question was whether in this case there was good reason for the request. For his own part, Mr. G. said he perceived no objection to excusing Mr. Smith from voting, although he should be averse to laying any prohibition upon him.
Mr. Adams said, if the right of Mr. Smith to vote centered in himself, he should have no objection to this application. But by the application, it was required that not only he, John Smith, should not vote, but that the state of Ohio should lose one vote in that body until a final decision of the question of expulsion. It came, therefore, in a different shape, and assumed greater importance than a mere question respecting Mr. Smith. As it respected Mr. S. individually, Mr. Adams did not know why he had asked to be excused from voting on the questions that might come before

the Senate. Had he ever been compelled or even called upon to vote? Why, then, were the Senate called upon to say, by an act of theirs, that the state of Ohio should be deprived of a vote in the Senate until the final decision of this question? If Mr. Smith himself chose not to vote, he was satisfied he would not be compelled to vote; and if he wished to vote, Mr. Adams knew of no authority the Senate possessed to refuse him. Such a refusal would be a sacrifice of the rights of Ohio.
Mr. Anderson was against agreeing to this application, as its allowance would virtually go, by excusing Mr. Smith from voting on all other questions, to admit him to vote on his own case. It was, moreover, going too far thus to deprive, by an act of the Senate, a state of one half of its representation in that body. If Mr. Smith did not vote, it ought to be his individual act, and not that of the Senate.
Mr. Giles said, that to save time, and to enable the Senate to deliberate further on this point before they decided upon it, he would withdraw the application for the present. He did not, however, take this step, because he perceived the force of the remarks offered by gentlemen; or that he had any reason to question the accuracy of the first suggestions of his own mind; but to prevent any present embarrassment, and that the Senate might proceed in the examination of col. Taylor.
It was then determined, without a division, to proceed to the examination of col. Taylor at the bar of the Senate. While the Senate were waiting for Mr. Smith's counsel, Mr. Anderson moved that John Graham, Esq. be notified to attend at the bar of the Senate to give testimony in this case.
Mr. Anderson remarked that the occasion of calling on Mr. Graham arose out of the testimony of col. Taylor, which he read.
The motion of Mr. Anderson was agreed to.
On motion of Mr. Anderson, Resolved, That col. James Taylor be examined at the bar of the Senate, in the case of John Smith, a Senator of the state of Ohio, that the questions put to col. Taylor shall be reduced to writing, and submitted to the President, who shall judge of the propriety of the question proposed.
After waiting a considerable length of time, Mr. P. S. Key, the counsel of Mr. Smith, appeared, when col. James Taylor was sworn and examined at the bar of the Senate; the questions put to him being submitted in writing conformably to the above order, and the answers received orally.
The testimony given by col. Taylor having relation altogether to that given in the report of the select committee would be unintelligible unconnected with it. We shall, therefore, reserve both for future publication; the great length of the former absolutely precluding its present publication.
On the 19th, James Taylor was further examined, and extracts of letters written by him to the Secretary of state read.
John Graham was then sworn and examined. His testimony was entirely directed to support that of Mr. Taylor, with regard to the conversations of the latter with Mr. Smith. When the Senate adjourned.
COURT OF INQUIRY IN THE CASE OF GENERAL WILKINSON.
FRIDAY, JANUARY 15, 1808.
General Wilkinson appeared, and the court having stated that they were ready to proceed to business, he enquired whether it was expected that the gentlemen noticed would attend, as he would wish to make the remarks he purposed to offer in their presence. It was replied that no answers had been yet received from them.
A short time after, the following letters were received from Messrs. Clark and Rowan, in answer to the notices served upon them. The letter of Mr. Randolph was subsequently received.
The form of the notices is as follows, with the variation of the name of the gentleman to whom it was addressed:
To the Hon. Daniel Clark, delegate to Congress from the territory of Orleans.
The President of the United States, at the request of Brigadier General James Wilkinson, having appointed a Military Court of Enquiry for the purpose of hearing testimony in relation to the said Gen. Wilkinson having been, or now being a prisoner to the Spanish government, while holding a commission under the government of the United States; and it being duly intimated to the Court that your testimony, touching the matter in question, will be material on behalf of the United States; it is therefore especially requested by the Court that you will please attend the Court on Friday next at 10 o'clock, A.M. in order to give evidence in the case in hearing.
Done by order of the Court this 13th day of January, 1808.
W. JONES, Jr. acting as Judge Advocate.
Wednesday, 13th January, 1808.
The following are the ANSWERS received:
Washington, 15th January, 1808.
Sir, I have received your note of the 13th inst. intimating the request of the
Military Court of Enquiry, instituted at the instance of Gen. James Wilkinson by the President, that I should attend as a witness to give evidence, relative to the charge made against Gen. Wilkinson, of his being or having been a prisoner of the Spanish government. You will permit me, sir, through you, to inform the Court that under the order of the House of Representatives I have already communicated in a deposition the substance of my knowledge and information respecting the subject of the matter before the Court. This deposition by order of the House has been transmitted to the President to be used according to his discretion. I shall have no objection to testify further before any court legally authorized to call citizens before them competent to the full investigation of so complicated a case; but understanding as I do that a military court of enquiry has no power of acting but in relation to military men, and that the attendance of a citizen to testify before them would be considered merely voluntary, though I am in no degree disposed to withhold when properly called upon any information I possess as to the subject of the charges before the court, yet I cannot consent to appear before a tribunal whose rule of proceedings is purely military and whose powers cannot enable them to call for corroborative proofs upon points which might be rendered questionable on the testimony of a single witness by adverse evidence.
I have the honor to remain, very respectfully, sir, your most obedient servant, DANIEL CLARK. W. Jones, Jr. Esq.
SIR, Your note of the 13th inst requesting that I would on this day attempt as a witness at the Military Court now sitting for the purpose (as it is said) of enquiring into the conduct of Brigadier General Wilkinson relative to his having been a prisoner of Spain whilst in the service of the United States was received by me on yesterday—I am not personally acquainted with that officer, nor do I (although I have heard and believe much) of my own knowledge know any thing which according to the established rules of evidence in civil cases could be heard by that court on the subject of their enquiry: But if I did—my ignorance of military tribunals in the general, and of this in particular—my impressions as to its erection and object—and its impotence to coerce the attendance of corroborative witnesses would restrain me from appearing as a witness before that court—the court with whom I have not the honor of a personal acquaintance, so far from inferring from my non-attendance any want of respect to them individually will have the goodness to ascribe it to the motives above assigned, to my habitual and decided preference for the civic institutions, and to my firm belief that they only are competent to make the present enquiry efficiently.
Accept for yourself the assurance of my high respect & esteem.
JOHN ROWAN January 15th, 1808.
WALTER JONES, jun. Esq.
SIR,—Your summons did not reach me until about an hour ago; to which circumstance alone you will impute the delay of this answer. I have no personal knowledge of any circumstances which can be material to the inquiry in which you are engaged and therefore beg leave to decline attending the military court of which you are judge advocate.
I am very respectfully Sir, Your obedient servant. JOHN RANDOLPH. Jan. 17, 1808. 2 o'clock, P. M.
Walter Jones, Esq.
The foregoing notice and answers are "attested as a true copy, furnished general Wilkinson, at his request and by direction of the court."
Teste WALTER JONES, Officiating as Judge Advocate."
Gen. Wilkinson then rose and delivered the following
ADDRESS. GENTLEMEN,
From a sense of respect towards the Court and of propriety to my own situation, I have been induced to trespass a few observations on your patience preliminary to the introduction of testimony.
On receiving the first intimation of the anathema pronounced against me on the floor of Congress, by a member of that honorable body, (Mr. John Randolph) as highly distinguished for decorum and moderation as he is for impartiality and candor; I appealed to the proper authority for an investigation into my conduct, by that tribunal which is secured to me by the constitution and the laws; and you gentlemen have been ordered to sit in judgment on me.
The occasion was certainly unexpectable, yet it was not the less desirable, and although the occurrence so recently after the ordeal at Richmond, may dispose some envious persons to derogate from the motives of my honorable accuser, the candid and intelligent part of the world, when possessed of all the
facts, will do him ample justice; for surely no unmanly vindictive personality can be ascribed to a gentleman of Mr. Randolph's lofty carriage and exalted honor. Indeed when we survey the course which the accusation has travelled to this court, and examine the manner of its introduction into the House of Representatives, it would imply an unpardonable degree of scepticism to doubt the disinterested patriotism, which has guided the proceedings before that honorable body; much less to complain of a failure in those earnest observances & delegate regards, which are due to the unfortunate, who may become the subjects of public accusation.
Though highly flattered by the manner of my accuser, I must confess that my repugnance to unrighteous and unnecessary innovations, inclined me to prefer the plain, regular, and invariable course to military enquiry, by complaint to the superior—because it secures to the individual a constitutional right, prevents the intrusion of concerns purely executive, upon the attention of the legislative body, and spares gentlemen of glowing sensibilities, the deep regret inseparable from the analysis of individual character, on ex parte testimony, or no testimony at all.
The victim of suspicion and obloquy for more than thirteen years, I have treated with frigid indifference the paragraphists and pamphleteers, who have pointed their daggers at my reputation, resolved to respond to their calumnies, by a redoubled zeal in the discharge of my duties; but I must now thank the patriot who has give the outline of my offences, for the opportunity he has furnished me to meet him on the ground of his preference, and there to defy him and his depraved informer, with the host of conspirators who participate their sympathies.
The slights with which men invited for the ruin of their country, had recently attempted to sully my humble fame, in consequence of my feeble efforts in her defence, served but to excite my pity & contempt; I did indeed believe that the scene of persecution had been closed forever, and began to hope, after a long and not inactive life of military service, I might be permitted to wear out its remnant, somewhat cheered, under those privations of the heart which leave us little to wish for, by the retrospect of days without reproach, and the consciousness that whatever might have been my utility, I had lived without dishonor.
But I had forgotten that I had sinned beyond forgiveness, and that my destruction had been sealed in New Orleans by a band of hardened traitors, who have advanced so far, that they place their safety in their success; and now for the first time I stand voluntarily, before a military tribunal, to vindicate all for which I have lived and for which I will die. The precious gift of my father—the inestimable inheritance of my children—a soldier's honor—after it has been worried, and torn, and mangled, and degraded, by whom? Let expressive silence mark the avengers of a traitor's cause! And may the angel of mercy blot out the remembrance of my wrongs. For my services shall live and be remembered, when the disciples of detraction, those pestiferous vermin who feed on calumnies, shall have perished and are forgotten.
There are certain terms in our language so offensive to an American ear, that to couple them with a man's name is sufficient to tarnish his character, such are corruption, bribery, pension, poison, and patronage—my enemies aware of this, and knowing that a stain on military honor, like an aspersion on female chastity, sinks deep and is not to be erased—
"To make assurance doubly sure And take a bond of fate— That they might tell pale hearted fear it lied,"
Have not been content to arraign me before my country, but in their rage for personal vengeance, they have condemned me unheard, and stigmatized me to the world, on the evidence of made up documents, perjuries and forgeries; I am sensible of the irreparable injury done me, and yet, in this our government of laws, I have found my case remediless; I have therefore suffered in silence, consoling myself with the hope, that the example of my persecutions, might be a future protection to the war worn veteran, and a useful example to those, who too readily credit the tale of detraction.
It is an easy matter to charge virtue itself with corruption, and alas, in these times, we find it almost as easy to sustain the allegation by the oaths of profligate abandoned men. But Gracious God! Shall the unqualified imputation of corruption, without some word, deed, act, influence or instance, to consummate the offence or to designate the criminal intent or effort, suffice to rob a public officer of his hard earned repute, the price of more than twenty years of zealous faithful service? Shall bold assertions without facts or circumstances to substantiate them, even when sanctioned by the single oath of a faithless, lying, interested
unprincipled man, prostrate the barriers of honor, which rest on the broad base of approved patriotism and long tried integrity. Genius of my country forbid it! Forbid it Heaven.
I ask only a suspension of the public judgment, pending the enquiry at issue.—I call on my countrymen to pause, and reflect before they decide.—I do not address myself to Burnside or imbruted party-men, who would hazard the security of the nation, to gratify their malice, from such wretches I expect hatred and I solicit abuse. But I speak to a sweet blooded true hearted American, who is ready to renounce political dogmas, for the safety of the state, and to bleed or die in defence of its rights.—I request all such to examine the characters and motives of my accusers—the time and circumstances of the accusation—the one writhing under the anguish of public detection and merited dishonor—whilst, in this awful crisis of national affairs, he seeks the distraction of the public councils, to promote a sinister ambition and indulge his vengeful passions—the other scarcely a citizen—the enemy of our government and a disturber of the public repose—who has sought to embroil us in the face of treaties, and in face of the law, with a foreign power, for the promotion of those infamous designs, which he now charges upon me, and which with inflated zeal he now affects to reprobate—and who when stripped of imposture will present a spectacle to the world, from which the eye and the mind will revolt with detestation and abhorrence.
In your honor and independence, gentlemen, however they may be questioned by those, who do not feel the force of those sacred bonds by which military men hold, I have an infallible guarantee for all I can desire, a patient, impartial, and I trust, rigorous scrutiny—in which I hope the nature of the accusation—the remoteness of the time—the hostility of the witness—the complexion of the first attack—and the shiftings, changes and prevarications which have ensued, may be strictly compared and combined.
Permit me to express the further desire—that this court may insist on knowing, from whence the documents submitted by my accuser and his accomplice, have been derived, as this fact may furnish a clue by which to trace the foul combination to its infamous source, and to identify, in this murderous assault of my honor, the ministry of that Mexican association, formed at New Orleans, (and referred to by Bienville) for the purpose of co-operating with Aaron Burr, and which it has been my crime to detect, expose and put down.
The Court adjourned to Monday. MONDAY, JANUARY 18. The Court met according to appointment, and after a short time adjourned without transacting any business to Wednesday 10 A. M.
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, JAN. 19.
The Speaker laid before the House a letter from the Secretary of the Treasury, inclosing an unfavorable report on the petition of Resolved Carr of the state of Rhode Island; which was ordered to lie on the table.
Mr. Mumford, presented a petition from a number of merchants of New York, praying for the erection of a light house on Point Judith, in the state of Rhode Island.
Mr. Boule presented two petitions from the inhabitants of Michigan territory, complaining of the grievances under which they labor from the operation of laws respecting land claims, and praying for certain alterations in them; also, several petitions from purchasers of public lands, praying further indulgence of time for payment of the purchase money; these petitions were referred to the committee of public lands.
Mr. Parke offered the following resolutions, which were adopted:
Resolved, That the committee on public lands be instructed to enquire into the expediency of annexing to the Vincennes District, the tract of country purchased of the Pyankeashaw tribe of Indians, 30th Dec. 1805.
Resolved, That the committee on public lands be instructed to enquire into the expediency of annexing the lands that lie in the eastern part of the district of Vincennes to the Jeffersonville district.
Mr. Chittenden, from the committee to whom the subject was referred, reported a bill altering the times of holding some of the Circuit Courts of the U.S. Read twice and referred to a committee of the whole House.
Mr. Burr then moved to offer a resolution to the consideration of the House, on the subject of which it was not his intention now to make any observations. It was upon the subject of the nature of the laws of the U.S. upon the expiration of the constitution it
would be found that Congress had now, since the 1st of January, 1808, full power to act on the subject, and dispose of it in such manner as the public good might require. It was now in their power to exclude foreigners from the country at any time, or to admit them under such restrictions as might be deemed consistent with the public interest. He therefore hoped the resolution would be agreed to, and give him an opportunity of introducing such a bill as he contemplated, and on which the House might then decide. The resolution was then agreed to as follows:— And Messrs. Burchell, Quincy, Mason, G. W. Campbell, Smalley, Pickett, and J. Morton were appointed a committee.
Resolved, That a committee be appointed to enquire into the expediency of amending the act of Congress, passed the 14th of April, 1802, entitled an "Act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," with leave to report by bill or otherwise.
A report was received from the Secretary of the Treasury relative to foreign coin; and referred to the committee of the whole on the bill respecting the mint.
Mr. Newten from the committee of Commerce and Manufactures reported a bill to erect a light house on Point Judith, in the state of Rhode Island. Read twice and referred to a committee of the whole.
The Speaker laid before the House a report from the Secretary of the Treasury on the amount of duties and drawbacks for the year 1807. Referred to the Committee of Commerce and Manufactures.
On motion of Mr. Dawson, the House went into committee of the whole, Mr. Steyer in the Chair, on the report of the committee on our military and naval establishments.
The 1st resolution, contained in the report, which provides for increasing the army of the U. States being under consideration.
Mr. Dawson said, it was not at this time intended to fill the blanks in the resolution, which would be the subject of the bill; but as the details of such a bill would require considerable time, he hoped the committee would immediately agree to pass the resolution.
The second resolution which provides for the increase of the marine corps being under consideration.
Mr. Dawson said, the same observation would apply to this, to which if the House would agree, he should not call up the third (for increasing the navy of the U. States.) But he would offer a fourth resolution. A law had been passed for the erection of a large number of gun-boats, thirty of which he was informed were ready for service, and no provision made for a single sailor to man them. It was known that the seamen in some of the northern ports were much discontented from being out of employ. In this state of things he hoped no objection would be made to employ such a number of men as should be necessary for the public service. He therefore moved the following resolution:
Resolved That it is expedient to authorize the President of the U. S. to employ on board the gun-boats such additional number of seamen not exceeding as in his opinion the public service may require.
These resolutions being agreed to without debate, the committee rose and reported them to the House, when the first was agreed to; Ayes 65; the second without a division; the third, Ayes 64; and referred to the same committee who reported them to bring in a bill or bills.
Leave was obtained for the committee to sit again on that relative to an increase of the navy—Ayes 61.
On motion of Mr. M. Clay, the House went into a committee of the whole on the bill more effectually to provide for the national defence by the militia of the United States. Mr. Hoxton in the Chair. [This bill contemplates the classing the militia.]
Mr. Clay, after speech of an hour and a half in favor of the system, moved to fill the blank in the first section for the ages within which each class should take the field with above 21 and under 25 years of age.
The committee then rose and obtained leave to sit again.
[Debate hereafter.]
Extract of a letter from the Secretary of State to the President of the Philadelphia Chamber of Commerce.
JANUARY 13, 1808.
"The President of the United States, authorises me to inform you, that it is in contemplation to dispatch to Europe, for public purposes, a vessel or vessels, from time to time, during the period of the embargo—and that previous notice of the time and place of departure will be given, with a view to the accommodation of merchants, and others in their foreign correspondence."

PHILADELPHIA GRAND LOTTERY.
HIGHEST PRIZE 10,000 DOLLARS. Authorized by an act of the Legislature of Pennsylvania. For the encouragement of USEFUL ARTS.
 1 Prize of 10,000 dollars 10,000  2 do. of 5,000 — 10,000  5 do. of 1,000 — 5,000  10 do. of 500 — 5,000  10 do. of 200 — 2,000  40 do. of 100 — 4,000  100 do. of 50 — 5,000  200 do. of 20 — 4,000  500 do. of 10 — 5,000  1,000 do. to consist of machines for spinning off cast worsted & open wrought woolen clothing into wool, valued at 100 dollars each, (patent right included) 100,000  1,000 do. to consist of rights for manufacturing ornamental mouldings for dwelling houses & shipping, valued at 50 dollars each, 50,000  Dollars 200,000 
Subject to a deduction of 15 per cent. on all valuable cash prizes from 200 dollars and upwards, to be determined as follows:
 First drawn number on the first ten day's drawing, each 200  First drawn number on the succeeding ten days, each 500  First drawn number on the succeeding five days, each 1,000  First drawn number on the succeeding two days, each 5,000  First drawn number on the last day's drawing $10,000 
This Lottery will positively commence drawing on the 23 d day of February next, and will be completed in 28 days at intervals, under the superintendence of gentlemen appointed by the Governor to whom approved security has been given, for the faithful drawing of the Lottery agreeably to the scheme. The numbering for the wheels has so far progressed, under the directions of Mr. James Sellers, as to justify fixing the day of drawing. The cash prizes will be paid at the Bank in thirty days after the conclusion of the drawing, and the machinery and composition rights delivered to order, on payment of the deduction as above. All prizes must be demanded in one year after the drawing, or they will be considered as forfeited after that time.
TICKETS at One Dollar and Fifty Cents each, to be had of James Sellers, No. 1, S. Third st. Leonard Keckhle, No. 79, N. Third street.
Thomas Peters, No. 22, N. Second st. Thos. Bedwell, No. 178, N. Third st. Silas Wilson, No. 341, N. Front st. John Shaw, No. 232, N. Second st. Charles Bitter, No. 11, Third st. Isaac Carhart, No. 245, S. Second st.
David Miller, No. 427, N. Second st. And at the OFFICES of the Aurora and Freeman's Journal.
The price of tickets will advance as the drawing progresses. Note.—The purchaser or holder of every ticket, will be entitled to a valuable patent right for manufacturing Sago, Starch, and Hair Powder, from Potatoes, by a process entirely new, besides a chance of the many valuable cash prizes.
Tickets for Sale at J. MARCH'S Book-store, Georgetown, and at the Book-store of R. C. WEIGHTMAN, Pennsylvania avenue, Washington city. January 8—tf1
FOR SALE. 10,000 ACRES OF LAND Situat on Elk River in Randolph county state of Virginia.
A large portion of this land is fertile, of excellent quality, and is adapted to the growth of grain, grass and pasturage—it abounds with fine timber, large poplar, ash, sugar tree, &c. & is well watered. Birch river runs through it and affords many mill seats. Elk is a beautiful smooth deep river emptying into the Kenhawa, and Ohio, and may be navigated with large boats at any time, in the spring and fall, it abounds with every kind of fish common to the Ohio. The whole or a part will be sold at a very reduced price for cash or exchanged for property in or near the city of Washington. For particulars apply to
JOSEPH WHEATON, Com. Merchant & Broker. Washington city, Jan. 6—1m
LINDSAY'S HOTEL.
The Subscriber has taken that well calculated house on the Capitol Hill. Late occupied by Mr. Frost formerly by Mr. Steele—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the power of the Public's devoted Servant.
GEO. W. LINDSAY. N.B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf.
DOCTOR LANCASTER.
INFORMS the Public, that he has commenced the practice of Medicine, in which line of business he offers his services to the Citizens of Washington and its vicinity—He hopes from the experience of several years practice, & punctilious attendance, to give entire satisfaction to all who may honor him with their confidence. He has taken a house on the Pennsylvania avenue, adjoining the house formerly occupied by Dr. Benson.
January 6—6t
TWENTY-SIX VALUABLE NEGROES FOR SALE.
ON Tuesday the 26th inst. will be sold at public sale to the highest bidder, at the dwelling plantation of the Miss Hoods, near the city of Annapolis, the above 26 negroes, consisting of men, women, boys and girls, which will be disposed of separately—one excellent black smith that has his trade perfect, several handsome boys from 12 to 18 years of age, and girls that can be recommended as good house servants—some horses and other articles. The terms of sale is one half of the purchase money to be paid on the day of sale, and the balance a credit of six months will be given, the purchaser giving bond on interest with such security as I may approve of. No person from any of the southern states or their agents will be admitted to bid. Sale to commence at 11 o'clock and continue until all are sold by
WM. WORTHINGTON, Sen. Acting for the Miss Hoods. Jan. 13—5t.
NOTICE. A GENTLEMAN, unencumbered with a wife or family, of unexceptionable moral character and uniform exemplary deportment, who is qualified to teach the English Language, and the Rudiments of Mathematics, may find employment, in the capacity of private Tutor, by applying to the Rev. David Wiley, Georgetown, Columbia; or to ARMISTEAD T. MASON, Loudon, Virginia. November 30—8w
TWO ELEGANT FORTEPIANOES.
THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars.
F. J. WAGLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
The Subscriber has just received on consignment, one dozen barrels Prime PHILADELPHIA BEER, And One half dozen barrels sound CRANBERRIES, which he will dispose of on reasonable terms. JOHN OTT, Druggist. Georgetown, January 6—2aw2w
NOTICE.
The sale of property for tax due the Corporation of Washington, which was advertised for Friday last, is postponed until the second Friday in February next, at 11 o'clock A. M. at the City Treasurer's Office.
WASHINGTON BOYD, Treasurer of Washington City. Jan. 13—2wts.
For sale 35 Negroes, STOCK, plantation utensils, &c. at Hezekiah Wood's house, in the district of Columbia, and within one mile of the President's house. The sale will commence on the 25th inst. at 11 o'clock A. M. and the terms of sale made known on the day of sale. THOMAS PETER and others, ex'rs of Robt. Peter, deceased. Jan. 13—ts.
ALSO
For Sale 150 Negroes, Together with stock, plantation utensils, &c. on the first day of February next, at Anthony Tracey's House, in Montgomery, and within two miles of Messrs. Bowie and Hersey's Mill, Seneca. The terms of sale will be made known on the day of sale. THOMAS PETER & others, Ex'rs of Robert Peter, deceased. Jan. 13—ts.
NOTICE.
THE subscriber having sold his entire stock of Goods in the month of March last, and having declined business in Georgetown, is now preparing to leave the District. All persons who have accounts against him will be pleased to render them for payment before the 20th of next month; and those indebted to him are earnestly requested to make payment before that time.
JOHN MAFFETT. Wanted to Purchase, FIFTY SHARES OF COLUMBIA BANK STOCK. Georgetown, Dec. 14—6p. till Feb. 1.
ROSS AND GETTY,
HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HANN, jun. viz. 30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assortment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—tf
WEISKOPFF and KELLER,
CONFECTIONERS. RESPECTFULLY inform the ladies and gentlemen of George Town and the city of Washington, that they can be supplied with every kind of CAKE, of the very first quality— Ornaments for Tables, of the most elegant form, and in the newest style. Ice Creams, Jellies of all kinds, on the shortest notice. They keep always on hand, Cordials of every kind, excellent in quality, and genuine, such as Noyeau, Orange, Raffia, &c. &c. High street, George Town, November, 11—tf
A GREAT BARGAIN.
JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—HOUSES and LOTS—Enquire as above.
All kinds of STOCKS bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
By order of the Orphan's Court of Prince Georges county, will be exposed to sale on Wednesday the 20th of January next, at the dwelling house of the late Henry Addison, all the PERSONAL PROPERTY of the deceased consisting of several valuable slaves, sheep, oxen, cattle and horses, and household furniture. The above property will be sold on a credit of six months, with interest from the sale, the purchaser or purchasers giving bond with approved security. The sale to commence at 12 o'clock, if fair, if not the first fair day thereafter. DENNIS MACRUDER, THOMAS G. ADDISON, Administrators. December 23—tdos
COGNAC BRANDY.
THE subscriber has for sale 38 pipes of 4th proof COGNAC BRANDY, of EXCELLENT FLAVOR, lately imported from BORDEAUX. HENRY SUTTLE. Dec. 14—2m.
Proposals for carrying the Mails of the United States on the following post-roads, will be received at the General Post-Office until the 14th day of February next.
 1. From Fredericksburg by Orange, c h, Milton & Charlottesville to New York once a week. Leave Fredericksburg every Wednesday at 8 p m, & arrive at Charlottesville on Friday by 6 a m—Leave Charlottesville at 7 a m and arrive at New York by 11 a m—Leave New York every Friday at 1 p m, arrive at Charlottesville by 5 p m and arrive at Fredericksburg on Sunday by 10 p m.  2. From New York by Waquoit to Staunton once a week. Leave Staunton every Friday at 6 a m and arrive at New York by 11 a m. Leave New York every Friday at 1 p m and arrive at Staunton by 6 p m.  3. From Richmond by Goochland c h, Columbia, Rising Sun and Milton to Charlottesville once a week. Leave Richmond every Tuesday at 1 p m and arrive at Charlottesville on Thursday by 6 p m—Leave Charlottesville every Saturday at 5 a m, and arrive at Richmond on Monday by 11 a m.  4. From Lancaster by Elizabethtown, Middletown, Harrisburg, Carlisle and Shippensburg to Chambersburg 3 times a week—Leave Lancaster every Monday, Wednesday & Friday at 4 p m, & arrive at Chambersburg on Tuesday, Thursday and Saturday by 10 p m—Leave Chambersburg every Tuesday, Thursday and Saturday at 2 a m, and arrive at Lancaster by 12 p m.  5. From Chambersburg by McConnells town, Bedford, Somerset & Greensburg to Pittsburgh three times a week. Leave Chambersburg every Monday, Wednesday and Friday at 5 a m, arrive at Somerset on Tuesday, Thursday and Saturday by 9 p m, and arrive at Pittsburgh on Thursday, Saturday & Tuesday by 10 a m—Returning, Leave Pittsburgh every Tuesday, Thursday and Saturday at 2 p m and arrive at Chambersburg the next Friday, Monday and Wednesday by 8 p m. 
NOTES.
 1. The contracts for the three first mentioned routes are to be in operation on the 1st day of April next, & to continue in force one year. Contracts for the two last routes are to be in operation on the 1st day of July next and continue until the 30th of September 1809.  2. The contractor will be subjected to the usual penalties for delays and failures, which will be specified in the contracts. 
GIDEON GRAINGER, Post-master-general. General Post-Office, Dec. 18—tf14
BURNS AND BEALL,
WOOLLEN drapers, men's mercers, and tailors, New-Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality.
N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch. October 23—tf.
This is to give notice, that the subscriber has obtained from the Orphan's Court of Prince Georges county, letters of administration on the Personal Estate of Thomas H. Hanson, late of Prince Georges county, deceased. All persons having claims against the said deceased, are hereby warned to exhibit the same with the vouchers thereof, to the subscriber, on or before the 17th of June next, they may otherwise by law be excluded from all benefit of the said estate.
THOMAS G. ADDISON, Adm't. December 23—w2m
PLISIA RIGGS,
Has imported by the late arrivals, from London and Liverpool, via Baltimore and Alexandria.
EIGHTY-NINE PACKAGES, FALL GOODS.
And now opened at his New Store Bridge street—which being direct from the Manufacturers, will be sold very low, by Wholesale or Retail for CASH, or to punctual customers only at short dates—(liberal allowances, will be made to Retailers or Purchasers)—Among them are,  9 bales superfine cloths, cassimeres, coatings and fries,  21 do. flannels, blankets, kerseys, cottons and plaices,  6 cases checks, dimities, Manchester, and cords,  3 trunks upholsterers furniture, and hatters trimmings,  3000 lbs. London scin twine, in casks of 350 lbs. each,  10 boxes and 3 casks, tin, slate, cutlery, and buttons,  6 cases gentlemen's hats; and umbrellas,  8 trunks silk, cotton, Angola and worsted hosiery,  3 bales carpets, carpeting and hearth rugs, 
ALSO, A large supply of cheap Irish linens, calicoes, gingham, shirting muslins, coarse linens and India muslins.
FANCY GOODS.
Ladies pelice cloths, velvets, silk pelices, lace caps, lace handkerchiefs, artificial flowers, fancy beaver bonnets, hats, feathers and cords, head ornaments, laces, silk and set buttons, cossettes, satin shoes, elegant silk hosiery, sleeves and gloves, fancy muslins, short dancing dresses, cashmere and damask shawls, fancy silks, Shawl muslins, ribbons, linen cambric & lace shawls.
Harwells, celebrated Patent Sus-penders, for ease, elegance, strength, &c. exceeds any in use.
Cash will be given for 40 shares of Columbia stock—Apply as above. George Town, Nov. 20—F&M2m
CHARLES H. VARDEN,
MERCHANT TAILOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia,
A CHOICE ASSORTMENT
Of superfine Cloths, Cassimeres, single and double milled, superfine Coating, black silk Florentines. Likewise an elegant assortment of Spangle and rich silk Mole skins for waistcoats with a variety of other articles suitable for the season.
Regimentals and Navy Uniforms made in the most elegant and uniform stile of fashion.
Richard Horwell's celebrated patent parallel suspender far superior to any hitherto in use can be had on the same terms retail, as at his manufactory.
Four or five good Journeymen wanted, who will find constant employ. November 27—tf
A BRICK HOUSE & LOT FOR SALE.
ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in Square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 183 feet, with the improvements thereon, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of $5 dollars per annum, and the benefit of a covenant to purchase the fee simple thereof.
On default of payment of three years rent, the subscriber has been put in possession of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold, subject to the conditions of the former case, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled genteel neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Herly, prior to the day of sale.
JOSEPH NOURSE. Terms of sale, a negotiable note with an approved endorser, payable 60 days after date. January 18—tdos
MORE PIANO FORTES.
THE subscriber has just received from London, via Philadelphia, Piano Fortes with additional Keys. They are equal if not superior to any he ever saw, and some of them most elegantly finished. They are imported on the best terms and will be sold low if speedily applied for.
THIOM. W. PAIRO. Washington, Jan. 18—3t
A RUNAWAY.
COMMITTED to my custody as a runaway on Friday the 9th day of November last, a negro man who says his name is GEORGE, that he was formerly the property of William Alexander, Virginia, by him was sold to a Mr. Robertson of Ohio, from whom he escaped when on his way home, about the first of October last. He is a well made fellow about 6 feet high, rather tawny complexion, about 25 years old; his clothing when committed was a round grey cloth jacket, home made trousers and osnabrigs shirts; his owner is desired to take him away or he will be sold agreeably to law for prison fees and other expenses.
NOTLEY MADDOX, Sheriff of Prince Georges county, Md. January 11—wtf
WAS committed to the custody of Alle-gany county Sheriff, as a runaway, a negro man who calls himself RUBBEN, very dark and about 5 feet 11 inches high, and has a small scar above his left eye, one large scar under his right ear, and a number of scars on his back and thighs. Brought with him one coarse linen shirt, two swansdown waistcoats, one old striped cotton spencer, and one old pair of buckskin pantaloons, and unless released by his master he will be sold according to law. WM. BRUCE, Sheriff Allegany county, Md. Cumberland, Jan. 18—3t
By the PRESIDENT of the UNITED STATES.
WHEREAS by the act, entitled, "An act making provision for the disposal of the Public Lands, situated between the United States Military Tract, and the Connecticut reserve, and for other purposes," it was enacted that for the disposal of the Lands of the United States, situated between the United States Military Tract, and the Connecticut Reserve, a Land Office should be established at such place, as the President of the United States might direct: And it was further enacted, that the lands aforesaid with the exception of certain tracts therein excepted, be offered for sale to the highest bidder at the place aforesaid, on such day or days, as shall by a public proclamation of the President of the United States be designated for that purpose, in tracts of the same size, and on the same terms and conditions as are provided for the lands North of the river Ohio, and above the mouth of Kentucky river.
Wherefore I, Thomas Jefferson, President of the United States, in conformity with the provisions of the act before recited, Do hereby declare and make known, that sales shall be held at Canton in the state of Ohio, for the disposal of the above mentioned lands, to commence on the second Monday of May, one thousand eight hundred and eight, and continue for and during the six following weeks.
Given under my hand the nineteenth day of November, one thousand eight hundred and seven. (Signed) TH: JEFFERSON. December 25—wM
By the PRESIDENT of the UNITED STATES.
WHEREAS by the act, entitled "An act making provision for the disposal of the public Lands situated between the United States Military Tract, and the Connecticut Reserve, and for other purposes," it was enacted, that for the disposal of the lands of the United States lying on the Ohio river, between the Cincinnati and Vincennes district, a Land Office should be established at Jeffersonville. And it was further enacted, that the lands aforesaid, with the exception of certain tracts, therein excepted, be offered for sale to the highest bidder at the place aforesaid, on such day or days, as shall by a public Proclamation of the President of the United States, be designated for that purpose, in tracts of the same size, & on the same terms & conditions as are provided for the lands North of the river Ohio, and above the mouth of Kentucky river.
Wherefore I, Thomas Jefferson, President of the United States, in conformity with the provisions of the act before recited, Do hereby declare and make known, that sales shall be held at Jeffersonville in the Indiana Territory for the disposal of the above mentioned lands, to commence on the second Monday of April, one thousand eight hundred and eight, and continue for and during the six following weeks.
Given under my hand the nineteenth day of November one thousand eight hundred and seven. (Signed) TH: JEFFERSON. December 25—wM
Charles County court, August Term, 1807.
SAMUEL BAXTER, an insolvent debtor of Charles county, having applied by petition in writing to the judges of the court here for the relief of sundry insolvent debtors, passed at the last session of the General Assembly, a schedule of his property and a list of the creditors on his oath as far as he can ascertain them, as directed by the said act having accompanied his petition, and the said county court being satisfied by competent testimony that the said Samuel Baxter has resided the two preceding years within the state of Maryland prior to the passage of the said act, and having been brought before the court here and discharged from imprisonment upon giving bond, by the said act required. It is thereupon ordered and adjudged, by the said court, that the said Samuel Baxter appear before the said county court at the court house, on the first day of March term next to answer such interrogatories as may be proposed to him by his creditors; and that the said day be, and is hereby appointed for the said creditors to appear, and recommend a trustee for their benefit, on the said Samuel Baxter, then and there taking the oath by the said act prescribed, for delivering up his property; and the said Samuel Baxter, give notice of the passage of this order by causing a copy thereof to be served on each and every of his creditors or to so many of them as can be served there-with or their agents at or about the last three months before the said first day of March term, and by causing a copy thereof to be inserted in the National Intelligencer once a week during the time aforesaid, previous to the next term. Test JOHN BARNES, CL. Nov. 27—w14r.