The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-03-18 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
Vol. III WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE. No. CCCLXXVI.
FIVE DOLLS. PER ANN.
FRIDAY, MARCH 18th, 1803.
PAID IN ADVANCE.
ADVERTISEMENT.
On THURSDAY the twenty-first day of April, if fair, if not the next fair day, will be exposed to sale on the premises, in the town of Alexandria, the following parcels of
L A N D.
Late the property of John Fitzgerald, deceased, sold pursuant to the directions of his will for the payment of his debts, to wit:
ONE parcel of land lying upon the east side of Union-street, and to the northward of Wilkes-street, fronting seventy-eight feet upon Union-street, and extending about two hundred feet in the rear, having an alley twenty feet running the whole depth; upon which is erected a frame ware-house; the ground is subject to an annual rent of 9l. 17s. 6d. It will be sold together, or divided, to accommodate purchasers. One half of a brewery, with all its implements and utensils necessary for carrying on the business, upon a large scale, and a parcel of ground appertaining to it, fronting about forty feet upon Water-street. The whole of the brewery and ground is now under a demise, at a rent of six hundred dollars per annum. A piece of ground immediately joining on the brewery, and fronting about forty feet on Water-street, and extending one hundred and fifty feet on a twenty feet alley. A piece of ground fronting on Wolfe and St. Asaph streets. This will be laid off into convenient Lots. A piece of ground lying upon the south side of King-street, extending 82 feet to a twelve feet alley—in the front is erected a two story brick dwelling house, and upon the alley a two story frame ware-house. A piece of ground lying upon Union and Wolfe-streets, extending with Wolfe-street 62 feet and an half, with Union-street 120 feet. Upon this there are erected a large distillery, ware house and compting-room. The improvements were calculated for carrying on that business, upon an extensive scale; there are three stills in it. Not having been occupied for some time past, the property is something out of repair. The ground is subject to an annual rent of 431l. 18s. 6d. There will be sold at the same time, a small tract of land contiguous to the town, containing 37 acres. This is subdivided, and will be sold in small parcels containing from 4 to 6 acres. The sale will be continued till the whole is sold.
The terms of sale are one fourth of the purchase money in hand when deeds will be executed to the purchasers; one other fourth in six months after the sale; one other fourth in twelve months, and the remaining fourth in eighteen months; for securing these payments deed of trust will be required upon the property conveyed from each purchaser for his part.
THOMAS A. DIGGS, JAMES KEITH, Acting Executors of John Fitzgerald. March 16.
PROPOSALS
Will be received by the Subscriber, until the 10th of April next, from the Cabinet makers within the district of Columbia,
For making thirty six Mahogany chair frames and a number of Mahogany tables, for the use of the House of Representatives of the United States, to be delivered at the Capitol at such time as may be hereafter be fixed on.
Such persons as incline to offer proposals may see patterns by which they will be enabled to make their estimates, by calling at the Capitol.—The estimates to be made for the first quality of work and the best materials.
THOMAS CLAXTON, Capitol Hill.
March 16, 1803. tawt11ethA.
A Valuable Farm for Sale.
BY virtue of a decree of the Chancellor of Maryland, had in the case of Wm. H. DORSEY, Complainant, against JOHANNA and PETER CASANAVE, infant heirs and ANN CASANAVE and NICHOLAS YOUNG, administrators of PETER CASANAVE, Defendants.—The Subscriber will on Friday the 18th day of March next, offer for sale at public auction, the plantation or farm called "Fair Hill," and the adjoining Tract of Land called "George the Third" containing in the whole about 450 acres. The said Lands will be sold together. This Land is advantageously situated, being about 18 miles distant from George Town, and about 8 miles from Montgomery Court House. The Land is of good quality, and has more than a plentiful supply of Wood and Timber. The improvements upon it are costly, being a large and convenient dwelling house, Brick stable, and other necessary out-houses. The Sale will take place at 12 o'clock at the dwelling house at Fair Hill, at which W. H. Dorsey formerly resided.
Terms of Sale.—The purchaser to pay to the subscriber the sum of 1350 £ current money, immediately on the ratification of the Sale. And give bond with security to be approved by the Chancellor to pay the residue of the purchase money within six months from the day of sale, with interest from the date. After ratification of the sale and receipt of the whole purchase money, a conveyance will be made by the subscriber to the purchaser of aforesaid property and his or her heirs of all the right, title and estate of the petitioner and of the dependants or either of them hereto.
SAMUEL BROOKE, Trustee.
N B. One quarter of an acre including the family burial ground at Fair Hill is excepted from the sale.
Feb. 22, 1803. ept18M.
Supreme Court of United States,
February term, 1803.
William Marbury vs. James Madison, Secretary of State of the United States.
AT the last term, viz. December term, 1801, William Marbury, Dennis Ramsay, Robert Townsend-Hooe, and William Harper, by their Counsel, Charles Lee, Esq. late attorney general of the United States, severally moved the Court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should not issue commanding him to cause to be delivered to them respectively their several commissions as Justices of the peace in the district of Columbia. This motion was supported by affidavits of the following facts; that notice of this motion had been given to Mr. Madison; that Mr. Adams, the late President of the United States, nominated the applicants to the Senate for their advice and consent to be appointed justices of the peace of the district of Columbia, that the Senate advised and consented to the appointments—that commissions in due form were signed by the said President appointing them justices, &c. and that the seal of the United States was in due form affixed to the said commissions by the Secretary of State; that the applicants have requested Mr. Madison to deliver them their said commissions, who has not complied with that request; and that their said commissions are withheld from them; that the applicants have made application to Mr. Madison as Secretary of State of the United States at his office, for information whether the commissions were signed and sealed as aforesaid; that explicit and satisfactory information has not been given in answer to that enquiry, either by the Secretary of State or any officer in the department of state—that application has been made to the Secretary of the Senate for a certificate of the nomination of the applicants, and of the advice and consent of the Senate, who has declined giving such a certificate; whereupon a rule was laid to the cause on the 4th day of this term. This rule having been duly served.
Mr. Lee in support of the rule observed that it was important to know on what ground a justice of peace in the district of Columbia holds his office, and what proceedings are necessary to constitute an appointment to an office not held at the will of the President. However notorious the facts are, upon the suggestion of which this rule has been laid, yet the applicants have been much embarrassed in obtaining evidence of them. Reasonable information has been denied at the office of the department of state. Although a respectful memorial has been made to the Senate praying them to suffer their secretary to give extracts from their executive journals respecting the nomination of the applicants to the Senate, and of their advice and consent to the appointments, yet their request has been denied, and their petition rejected. They have therefore been compelled to summon witnesses to attend in court, whose voluntary affidavits they could not obtain. Mr. Lee here read the affidavit of Dennis Ramsay, and the printed Journals of the Senate of 31 January, 1803, respecting the refusal of the Senate to suffer their secretary to give the information requested. He then called Jacob Wagner and Daniel Brent, who had been summoned to attend the court, and who had, as it is understood, declined giving a voluntary affidavit. They objected to being sworn, alledging that they were clerks in the department of state and not bound to disclose any facts relating to the business or transactions in the office.
Mr. Lee observed, that to show the propriety of examining these witnesses, he would make a few remarks on the nature of the office of secretary of state. His duties are of two kinds, and he exercises his functions in two distinct capacities; as a public ministerial officer of the United States, and as agent of the President. In the first his duty is to the United States or its citizens; in the other his duty is to the President; in the one he is an independent, and an accountable officer; in the other he is dependent upon the President, is his agent, and accountable to him alone. In the former capacity he is compellable by mandamus to do his duty, in the latter he is not. This distinction is clearly pointed out by the two acts of Congress upon this subject. The 1st was passed 27th July, 1789, vol. 1. p. 359, entitled "an act for establishing an executive department to be denominated the
department of foreign affairs. The first section ascertains the duties of the Secretary so far as he is considered as a mere executive agent. It is in these words, "Be it enacted, &c. that there shall be an executive department, to be denominated the department of foreign affairs, and that there shall be a principal officer therein, to be called the secretary of the department of foreign affairs, who shall perform and execute such duties as shall from time to time be enjoined on, or intrusted to him by the President of the United States agreeable to the constitution, relative to correspondencies, commissions or instructions to or with public ministers or consuls from the United States—or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers, or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the said department; and furthermore that the said principal officer shall conduct the business of the said department in such manner as the President of the United States shall from time to time order or instruct."
The 2d Sec. provides for the appointment of a chief clerk; the 3d Sec. prescribes the oath to be taken which is simply, "well and faithfully to execute the trust committed to him"; and the 4th and last Sec. gives him the custody of the books and papers of the department of foreign affairs under the old Congress. Respecting the powers given, and the duties imposed by this act, no mandamus will lie. The secretary is responsible only to the President. The other act of Congress respecting this department was passed at the same session on the 15th September 1789, vol. 1. p. 41, c. 14, &c is entitled "an act to provide for the safe keeping of the acts, records, and seal of the United States, and for other purposes."—The 1st Sec. changes the name of the department and of the secretary, calling the one the department and the other the secretary of state.—The 2d Sec. assigns new duties to the secretary, in the performance of which it is evident, from their nature, he can not be lawfully controlled by the President, and for the non-performance of which he is not more responsible to the President than any other citizen of the United States. It provides that he shall receive from the President all bills, orders, resolutions and votes of the Senate and house of representatives, which shall have been approved and signed by him—and shall cause them to be published, and printed copies to be delivered to the Senators and Representatives and to the executives of the several states; and makes it his duty carefully to preserve the originals; and to cause them to be recorded in books to be provided for that purpose. The 3d Sec. provides a seal of the United States. The 4th makes it his duty to keep the said seal, and to make out and record, and to affix the seal of the United States to all civil commissions, after they shall have been signed by the President. The 5th Sec. provides for a seal of office, and that all copies of records and papers in his office, authenticated under that seal, shall be as good evidence as the originals. The 6th Sec. establishes fees for copies &c. The 7th and last Sec. gives him the custody of the papers of the office of the Secretary of the old Congress. Most of the duties assigned by this act are of a public nature, and the Secretary is bound to perform them, without the control of any person. The President has no right to prevent him from receiving the bills, orders, resolutions and votes of the legislature, or from publishing and distributing them, or from preserving or recording them. While the secretary remains in office the President cannot take from his custody the seal of the United States, nor prevent him from recording, and affixing the seal to civil commissions of such officers as hold not their offices at the will of the President, after he has signed them and delivered them to the secretary for that purpose. By other laws he is to make out and record in his office patents for useful discoveries, and patents of lands granted under the authority of the United States. In the performance of all these duties he is a public ministerial officer of the United States. And the duties being enjoined upon him by law, he is, in executing them, uncontrollable by the President; and if he neglects or refuses to perform them, he may be compelled by mandamus, in the same manner as other persons holding offices under the authority of the United States. The President is no party to
this case. The secretary is called upon to perform a duty over which the President has no control, and in regard to which he has no dispensing power, and for the neglect of which he is in no manner responsible. The secretary alone is the person to whom they are entrusted, and he alone is answerable for their due performance. The secretary of state, therefore, being in the same situation, as to these duties, as every other ministerial officer of the United States, and equally liable to be compelled to perform them, is also bound by the same rules of evidence. These duties are not of a confidential nature, but are of a public kind, and his clerks can have no exclusive privileges. There are undoubtedly facts, which may come to their knowledge by means of their connexion with the Secretary of State, respecting which they cannot be bound to answer. Such are the facts concerning foreign correspondencies, and confidential communications between the head of the department and the President. This, however, can be no objection to their being sworn, but may be a ground of objection to any particular question. Suppose I claim title to land under a patent from the United States, I demand a copy of it from the Secretary of State. He refuses. Surely he may be compelled by mandamus to give it. But in order to obtain a mandamus, I must show that the patent is recorded in his office. My case would be hard indeed if I could not call upon the clerks in the office to give evidence of that fact. Again suppose a private act of Congress had passed for my benefit. It becomes necessary for me to have the use of that act in a court of law, I apply for a copy. I am refused. Shall I not be permitted, on a motion for a mandamus, to call upon the clerks in the office to prove that such an act is among the rolls of the office, or that it is duly recorded? Surely it cannot be contended that altho' the laws are to be recorded, yet no access is to be had to the records, and no benefit to result therefrom.
The Court ordered the witnesses to be sworn and their answers taken in writing, but informed them that when the questions were asked they might state their objections to answering each particular question, if they had any.
Mr. Wagner being examined upon interrogatories, testified, that at this distance of time he could not recollect whether he had seen any commission in the office, constituting the applicants, or either of them justices of the peace. That Mr. Marbury and Mr. Ramsay called on the Secretary of State respecting their commissions. That the Secretary referred them to him—he took them into another room and mentioned to them, that two of the commissions had been signed, but the other had not. —that he did not know that fact of his own knowledge, but by the information of others. Mr. Wagner declined answering the question "Who gave him that information"; and the Court decided that he was not bound to answer it, because it was not pertinent to this cause. He further testified that some of the commissions of the justices, but he believed not all, were recorded. He did not know whether the commissions of the applicants were recorded, as he had not had recourse to the book for more than twelve months past.
Mr. Daniel Brent, testified that he did not remember certainly the names of any of the persons in the commissions of justices of the peace signed by Mr. Adams; but believed, and was almost certain, that Mr. Marbury's and Col. Hooe's commissions were made out, and that Mr. Ramsay's was not; that he made out the list of names by which the clerk who filled up the commissions was guided; he believed that the name of Mr. Ramsay was pretermitted by mistake, but to the best of his knowledge it contained the names of the other two—he believed none of the commissions for justices of the peace signed by Mr. Adams, were recorded. After the commissions for justices of the peace were made out, he carried them to Mr. Adams for his signature. After being signed he carried them back to the Secretary's office where the seal of the United States was affixed to them.—that commissions are not usually delivered out of the office before they are recorded; but sometimes they are, and a note of them only is taken, and they are recorded afterwards. He believed none of those commissions of justices were ever sent out, or delivered to the persons for whom they were intended—he did not know what became of them, nor did he know that they are now in the office of the Secretary of State.
Mr. Lincoln, Attorney General, hav-
ing been summoned, and now called, objected to answering. He requested that the questions might be put in writing, and that he might afterwards have time to determine whether he would answer. On the one hand he respected the jurisdiction of this court, and on the other he felt himself bound to maintain the rights of the executive. He was acting as Secretary of State at the time when this transaction happened. He was of opinion, and his opinion was supported by that of others whom he highly respected, that he was not bound, and ought not to answer, as to any facts which came officially to his knowledge while acting as Secretary of State.
The questions being written were then read and handed to him. He repeated the ideas he had before suggested, and said his objections were of two kinds.
1st. He did not think himself bound to disclose his official transactions while acting as Secretary of State; and
2d. He ought not to be compelled to answer any thing which might tend to criminate himself.
Mr. Lee, in reply, repeated the substance of the observations he had before made in answer to the objections of Mr. Wagner and Mr. Brent. He stated that the duties of a Secretary of State were two-fold. In discharging one part of those duties he acted as a public ministerial officer of the United States, totally independent of the President, and that as to any facts which came officially to his knowledge while acting in this capacity, he was as much bound to answer, as a marshal, a collector, or any other ministerial officer. But that in the discharge of the other part of his duties, he did not act as a public ministerial officer, but in the capacity of an agent of the President, bound to obey his orders, and accountable to him for his conduct. And that as to any facts which came officially to his knowledge in the discharge of this part of his duties, he was not bound to answer.—He agreed that Mr. Lincoln was not bound to disclose anything which might tend to criminate himself.
Mr. Lincoln thought it was going a great way to say that every Secretary of state should at all times be liable to be called upon to appear as a witness in a court of justice and testify to facts which came to his knowledge officially. He felt himself delicately situated between his duty to this court, and the duty he conceived he owed to an executive department; and hoped the court would give him time to consider of the subject.
The court said, that if Mr. Lincoln wished time to consider what answers he should make, they would give him time; but they had no doubt he ought to answer. There was nothing confidential required to be disclosed. If there had been he was not obliged to answer it; and if he thought that any thing was communicated to him in confidence he was not bound to disclose it; nor was he obliged to state any thing which would criminate himself; but that the fact whether such commissions had been in the office or not, could not be a confidential fact; it is a fact which all the world have a right to know. If he thought any of the questions improper, he might state his objections.
Mr. Lincoln then prayed time till the next day to consider of his answers under this opinion of the court.
The court granted it and postponed further consideration of the cause till the next day.
At the opening of the court on the next morning, Mr. Lincoln said he had no objection to answering the questions proposed, excepting the last which he did not think himself obliged to answer fully. The question was, what had been done with the commissions. He had no hesitation in saying that he did not know that they ever came to the possession of Mr. Madison, nor did he know that they were in the office when Mr. Madison took possession of it. He prayed the opinion of the court whether he was obliged to disclose what had been done with the commissions.
The court were of opinion that he was not bound to say what had become of them; if they never came to the possession of Mr. Madison, it was immaterial to the present cause, what had been done with them by others.
To the other questions he answered that he had seen commissions of Justices of the Peace of the district of Columbia, signed by Mr. Adams, and sealed with the seal of the United States. He did not recollect whether any of them constituted Mr. Marbury, Col. Hooe or Col. Ramsay Justices of the Peace; there where when he went into the office several commissions for Justices of

See of the district made out; but he was furnished with a list of names to be put into a general commission, which was done, and was considered as super-adding the particular commissions; and the individuals contained in this general commission were informed of their being thus appointed. He did not know that any one of the commissions was ever sent to the person for whom it was made out, and did not believe that any one had been sent.
Mr. Lee then read the affidavit of James Marshall, who had been also summoned as a witness. It stated that on the 4th of March 1801, having been informed by some person from Alexandria that there was reason to apprehend riotous proceedings in that town on that night, he was induced to return immediately home, and to call at the office of the Secretary of State, for the commissions of the Justices of the Peace—that as many as 12, as he believed, commissions of Justices for that county were delivered to him for which he gave a receipt, which he left in the office. That finding he could not conveniently carry the whole, he returned several of them, and struck a pen through the names of those, in the receipt, which he returned. Among the commissions so returned, according to the best of his knowledge and belief, was one for Col. Hooe, and one for William Harper.
Mr. Lee then observed, that having proved the existence of the commissions, he should confine such further remarks as he had to make in support of the rule to three questions:
1st. Whether the supreme court can award the writ of mandamus in any case.
2d. Whether it will lie to a Secretary of state in any case whatever.
3d. Whether in the present case the court may award a mandamus to James Madison Secretary of state.
The argument upon the 1st question is derived not only from the principles and practice of that country, from whence we derive many of the principles of our political institutions; but from the constitution and laws of the United States.
This is the supreme court, and by reason of its supremacy must have the superintendence of the inferior tribunals and officers, whether judicial or ministerial. In this respect there is no difference between a judicial and a ministerial officer. From this principle alone the Court of King's Bench in England derives the power of issuing the writs of mandamus and prohibition.—3. Inst. 70, 71. Shall it be said that the court of King's bench has this power in consequence of its being the supreme court of judicature, and shall we deny it to this court which the constitution makes the supreme court?—It is a beneficial, and a necessary power; and it can never be applied where there is another adequate, specific, legal, remedy.
The second section of the third article of the constitution gives this court appellate jurisdiction in all cases in law and equity arising under the constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions, and under such regulations as Congress shall make. The term "appellate jurisdiction" is to be taken in its largest sense, and implies in its nature the right of superintending the inferior tribunals.
Proceedings in nature of appeals are of various kinds, according to the subject matter. 3 Bl. com. 402. It is a settled and invariable principle, that every right, when withheld, must have a remedy, and every injury its proper redress. 3 Bl. com. 109. There are some injuries which can only be redressed by a writ of mandamus, and others by a writ of prohibition. There must then be a jurisdiction somewhere competent to issue that kind of process. Where are we to look for it but in that court which the constitution and laws have made supreme, and to which they have given appellate jurisdiction? Blackstone, vol. 3, p. 110, says that a writ of mandamus is a command issuing in the king's name from the court of king's bench, and directed to any person, corporation or inferior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court has previously determined, or at least supposed, to be consonant to right and justice. It is a writ of a most extensively remedial nature; and issues in all cases where the party has a right to have any thing done, and has no other specific means of compelling its performance.
In the Federalist, vol. 2, p. 239, it is said that the word "appellate" is not to be taken in its technical sense, as used in reference to appeals in the courts of the civil law, but in its broadest sense, in which it denotes nothing more than the power of one tribunal to review the proceedings of another, either as to law or fact, or both. The writ of mandamus is in the nature of an appeal as to fact as well as law. It is competent for Congress to prescribe the forms of process by which the supreme court shall exercise its appellate jurisdiction, and they may well declare a mandamus to be one. But the power does not depend upon implication alone. It has been recognized
by legislative provision as well as in judicial decisions in this court.
Congress, by a law passed at the very first session after the adoption of the constitution, vol. 1, p. 58, sec. 13, have expressly given the supreme court the power of issuing writs of mandamus. The words are, "The supreme court shall also have appellate jurisdiction from the circuit courts, and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States."
Congress is not restrained from conferring original jurisdiction in other cases than those mentioned in the constitution. 2. Dal. Rep. 298.
This court has entertained jurisdiction on a mandamus in one case, and on a prohibition in another. In the case of the United States v. Judge Lawrence, 3. Dal. Rep. 42 a mandamus was moved for by the Attorney General at the instance of the French Minister, to compel Judge Lawrence to issue a warrant against Capt. Barre, commander of the French ship of war Le Peidrix, grounded on an article of the consular convention with France. In this case the power of the court to issue writs of mandamus, was taken for granted in the arguments of counsel on both sides, and seems to have been so considered by the court.—The mandamus was refused because the case in which it was required, was not a proper one to support the motion. In the case of the United States v. Judge Peters a writ of prohibition was granted, 3. Dal. Rep. 121, 129. This was the celebrated case of the French Corvette the Cassius, which afterwards became a subject of diplomatic controversy between the two nations.—On the 5th Feb. 1794, a motion was made to the supreme court in behalf of one John Chandler, a citizen of Connecticut, for a mandamus to the Secretary at War, commanding him to place Chandler on the invalid pension list. After argument, the court refused the mandamus, because the two acts of congress respecting invalids, did not support the case on which the applicant grounded his motion. The case of the United States v. Hopkins at Feb. term, 1794, was a motion for a mandamus to Hopkins, loan officer for the district of Virginia, to command him to admit a person to subscribe to the United States loan. Upon argument the mandamus was refused because the applicant had not sufficiently established his title. In none of these cases, nor in any other, was the power of this court to issue a mandamus ever denied. Hence it appears there has been a legislative construction of the constitution upon this point and a judicial practice under it, for the whole time since the formation of the government.
2d. The 2d point is, can a mandamus go to a Secretary of state in any case? It certainly cannot in all cases; nor to the President in any case. It may not be proper to mention this position. But I am compelled to do it. An idea has gone forth, that a mandamus to a Secretary of State, is equivalent to a mandamus to the President of the United States. I declare it to be my opinion, grounded on a comprehensive view of the subject, that the President is not amenable to any court of judicature for the exercise of his high functions, but is responsible only in the mode pointed out in the constitution. The Secretary of State acts, as before observed, in two capacities. As the agent of the President, he is not liable to a mandamus; but as a recorder of the laws of the United States;—as keeper of the great seal, as recorder of deeds of land, of letters patent, and of commissions, &c. he is a ministerial officer of the people of the United States. As such he has duties assigned him by law, in the execution of which he is independent of all control, but that of the laws. It is true he is a high officer, but he is not above law. It is not consistent with the policy of our political institutions, or the manners of the citizens of the United States, that any ministerial officer, having public duties to perform, should be above the compulsion of law, in the exercise of those duties. As a ministerial officer, he is compellable to do his duty, and if he refuses, is liable to indictment. A prosecution of this kind might be the means of punishing the officer, but a specific civil remedy to the injured party can only be obtained by a writ of mandamus. If a mandamus can be awarded by this court in any case, it may issue to a Secretary of State; for the act of Congress expressly gives the power to award it, "in cases warranted by the principles and usages of law, to any persons holding offices under the authority of the United States."
Many cases may be supposed, in which a Secretary of State ought to be compelled to perform his duty specifically. By the 5th and 6th sections of the act of Congress, vol. 1, p. 43, copies under seal of the office of the department of state are made evidence in courts of law, and fees are given for making them out. The intention of the law must have been,
that every person needing a copy should be entitled to it. Suppose the Secretary refuses to give a copy, ought he not to be compelled? Suppose I am entitled to a patent for lands purchased of the United States; it is made out and signed by the President who gives a warrant to the Secretary to affix the great seal to the patent; he refuses to do it; shall I not have a mandamus to compel him? Suppose the seal is affixed, but the Secretary refuses to record it—shall he not be compelled? Suppose it recorded, and he refuses to deliver it—shall I have no remedy?
In this respect there is no difference between a patent for lands, and the commission of a judicial officer. The duty of the Secretary is precisely the same.
Judge Paterson enquired of Mr. Lee whether he understood it to be the duty of the Sec. to deliver a commission, unless ordered so to do by the President.
Mr. Lee replied, that after the President has signed a commission for an officer not held at his will, and it comes to the Secretary to be sealed, the President has done with it, and nothing remains, but that the Secretary perform those ministerial acts which the law imposes upon him. It immediately becomes his duty to seal, record, and deliver it on demand. In such a case the appointment becomes complete by the signing and sealing; and the Secretary does wrong if he withhold the commission.
3d. The third point is, whether in the present case a writ of mandamus ought to be awarded to James Madison, Secretary of State.
The justices of the peace in the district of Columbia are judicial officers, and hold their office for five years. The office is established by the act of Congress passed the 27th of Feb. 1801, entitled "An act concerning the district of Columbia," ch. 86, sec. 11 and 14; page 271, 273. They are authorized to hold courts and have cognizance of personal demands of the value of 20 dollars. The act of May 3d, 1802, ch. 52, sec. 4, considers them as judicial officers, and provides the mode in which execution shall issue upon their judgments. They hold their offices independent of the will of the President. The appointment of such an officer is complete when the President has nominated him to the Senate, and the Senate have advised and consented, and the President has signed the commission and delivered it to the Secretary to be sealed. The President has then done with it—it becomes irrevocable. An appointment of a judge once completed, is made for ever. He holds under the constitution. The requisites to be performed by the Secretary are ministerial, ascertained by law, and he has no discretion, but must perform them; there is no dispensing power. In contemplation of law they are as if done.
These justices exercise part of the judicial power of the United States. They ought therefore to be independent. Mr. Lee begged leave again to refer to the Federalist, vol. 2, No. 78 and 79, as containing a correct view of this subject. They contained observations and ideas which he wished might be generally read and understood. They contained the principles upon which this branch of our constitution was constructed. It is important to the citizens of this district that the justices should be independent; almost all the authority immediately exercised over them is that of the justices. They wish to know whether the justices of this district are to hold their commissions at the will of a Secretary of State. This cause may seem trivial at first view, but it is important in principle. It is for this reason that this court is now troubled with it. The emoluments or the dignity of the office, are no objects with the applicants. They conceive themselves to be duly appointed justices of the peace, and they believe it to be their duty to maintain the rights of their office, and not to suffer them to be violated by the hand of power. The citizens of this district have their fears excited by every stretch of power by a person so high in office as the Secretary of State.
It only remains now to consider whether a mandamus to compel the delivery of a commission by a public ministerial officer, is one of "the cases warranted by the principles and usages of law."
It is the general principle of law that a mandamus lies, if there be no other adequate, specific, legal remedy.—3 Burrow, 1067, King v. Barker, &c. This seems to be the result of a view of all the cases on the subject.
The case of Rex v. Borough of Midhurst, 1. Wils. 283, was a mandamus to compel the presentment of certain conveyances to purchasers of burgage tenements, whereby they would be entitled to vote for members of parliament. In the case of Rex v. Dr. Hay, 1. Com. Bl. R. p. 640, a mandamus issued to admit one to administer an estate.
A mandamus gives no right, but only puts the party in a way to try his right. Sid. 286.
It lies to compel a ministerial act which concerns the public. 1. Wilson, 283. 1. Bl. Rep. 640. though there be a more tedious remedy. 1. 1082. 4 Bur. 2188. 2. Bur. 1045. there be a legal right, and a remedy to that right. Term rep. 652. A mandamus lies to
obtain admission into a trading company. Rex v. Turkey Company 2. Bur. 1000—Carthew 448. 5 Mod. 402—So it lies to put the corporate seal to an instrument. 4. Term rep. 699—to commissioners of the excise to grant a permit. 2. Term rep. 381—to admit to an office, 3. Term rep. 575—to deliver papers which concern the public, 2. Sid. 31. A mandamus will sometimes lie in a doubtful case, 1. Levinz 123, to be further considered on the return, 2. Levinz 14, 1. Siderin, 169.
It lies to be admitted a member of a church. 3. Bur. 1265. 1043.
The process is as ancient as the time of Ed. 2d.—1 Levinz 23.
The first writ of mandamus is not peremptory, it only commands the officer to do the thing or shew cause why he should not do it. If the cause returned be sufficient, there is an end of the proceeding, if not, a peremptory mandamus is then awarded.
It is said to be a writ of discretion. But the discretion of a court always means a sound, legal discretion—not an arbitrary will. If the applicant makes out a proper case, the court are bound to grant it. They can refuse justice to no man.
On a subsequent day, and before the court had given an opinion, Mr. Lee read the affidavit of Hazen Kimball, who had been a clerk in the office of the Secretary of State, and had been to a distant part of the United States, but whose return was not known to the applicant till after the argument of the case.
It stated that on the 3d of March, 1801, he was a clerk in the department of state. That there were in the office, on that day, commissions made out and signed by the President, appointing William Marbury a justice of peace for the county of Washington; and Robert T. Hooe a justice of peace for the county of Alexandria, in the district of Columbia.
Afterwards, on the 24th of Feb. the following opinion of the court, was delivered by the chief justice.
OPINION OF THE COURT.
At the last term on the affidavits then read and filed with the clerk, a rule was granted in this case, requiring the Secretary of State to shew cause why a Mandamus should not issue, directing him to deliver to William Marbury his commission as a justice of peace for the county of Washington, in the district of Columbia.
No cause has been shewn, and the present motion is for a Mandamus. The peculiar delicacy of this case, the novelty of some of its circumstances, and the real difficulty attending the points which occur in it, require a complete exposition of the principles, on which the opinion to be given by the court, is founded.
These principles have been, on the side of the applicant, very ably argued at the bar. In rendering the opinion of the court, there will be some departure in form, though not in substance, from the points stated in that argument.
In the order in which the court has viewed this subject, the following questions have been considered and decided.
1st. Has the applicant a right to the commission he demands?
2dly. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?
3dly. If they do afford him a remedy, is it a Mandamus issuing from this court?
The first object of enquiry is, 1st. Has the applicant a right to the commission he demands?
His right originates in an act of Congress passed in February 1801, concerning the district of Columbia.
After dividing the district into two counties, the 11th section of this law, enacts, "that there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace, as the President of the United States shall, from time to time, think expedient, to continue in office for five years."
It appears, from the affidavits, that in compliance with this law, a commission for William Marbury as a justice of peace for the county of Washington, was signed by John Adam, then President of the United States; after which the seal of the United States was affixed to it; but the commission has never reached the person for whom it was made out.
In order to determine whether he is entitled to this commission, it becomes necessary to enquire whether he has been appointed to the office. For if he has been appointed, the law continues him in office for five years; and he is entitled to the possession of those evidences of office, which, being completed, became his property.
The 2d section, of the 2d article of the constitution, declares, that "the President shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, and all other officers of the United States, whose appointments are not otherwise provided for."
The 3d section, declares, that "he shall commission all the officers of the United States."
An act of Congress, directed the Secretary of State, to keep the seal of the United States, "to make out and record, and affix the said seal to all civil commissions to officers of the United States to be appointed by the President, by and with the consent of the Senate, or by the President alone; provided that the said seal shall not be affixed to any commission before the same shall have been signed by the President of the United States."
These are the clauses of the constitution and laws of the United States, which effect this part of the case. They seem to contemplate three distinct operations—
1st. The nomination—This is the sole act of the President, and is completely voluntary.
2d. The appointment—This is also the act of the President, and is also a voluntary act, though it can only be performed, by and with the advice and consent of the Senate.
3d. The commission—To grant a commission to a person appointed, might perhaps be deemed a duty, enjoined by the constitution. "He shall" says that instrument, "commission all the officers of the United States."
The acts of appointing to office, and commissioning the person appointed, can scarcely be considered as one and the same; since the power to perform them is given in two separate and distinct sections of the constitution. The distinction between the appointment and the commission will be rendered more apparent, by adverting to that proviso in the 2d section of the 2d article of the constitution, which authorises Congress "to vest, by law the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments;" thus contemplating cases where the law may direct the President to commission an officer appointed by the courts, or by the heads of departments. In such a case, to issue a commission would be apparently a duty distinct from the appointment, the performance of which, perhaps, could not legally be refused.
Although that clause of the constitution which requires the President to commission all the officers of the U. States, may never have been applied to officers appointed otherwise than by himself, yet it would be difficult to deny the legislative power to apply it to such cases. Of consequence the constitutional distinction between the appointment to an office and the commission of an officer, who has been appointed, remains the same as if in practice the President had commissioned officers appointed by an authority other than his own.
It follows too, from the existence of this distinction, that, if an appointment was to be evidenced by any public act, other than the commission, the performance of such public act would create the officer; and if he was not removable at the will of the President, would either give him a right to his commission, or enable him to perform the duties without it.
These observations are premised fully for the purpose of rendering more intelligible those which apply more directly to the particular case under consideration.
This is an appointment made by the President by and with the advice and consent of the Senate, and is evidenced by no act but the commission itself. In such a case therefore the commission and the appointment seem inseparable; it being almost impossible to shew an appointment otherwise than by proving the existence of a commission; still the commission is not necessarily the appointment; though conclusive evidence of it.
But at what stage does it amount to this conclusive evidence?
The answer to this question seems an obvious one. The appointment being the sole act of the President, must be completely evidenced, when it is shewn that he has done every thing to be performed by him.
Should the commission, instead of being evidence of an appointment, even be considered as constituting the appointment itself; still it would be made when the last act to be done by the President was performed, or, at furthest, when the commission was complete.
The last act to be done by the President, is the signature of the commission. He has then acted on the advice and consent of the Senate to his own nomination. The time for deliberation was then passed. He has decided. His judgment, on the advice and consent of the Senate concurring with his nomination, has been made, and the officer is appointed. This appointment is evidenced by an open, unequivocal act; and being the last act required from the person making it necessarily excludes the idea of its being, so far as respects the appointment, an inchoate and incomplete transaction.
[To be continued.]
NOTICE.
TAKEN up as a stray by the subscriber in the city of Washington, on the 3d inst. a sorrel HORSE, with saddle and bridle on: the horse is about fourteen hands high, the near hind foot white. The owner is desired to come prove property, pay charges, and take him away.
CHARLES NEVETT, Near the Navy Yard.
March 18.
31

WASHINGTON CITY.
FRIDAY, March 18, 1803.
By the following letter we possess the IMPORTANT fact that the Dey of Algiers has declared war against France.
Malaga, 1st February, 1803.
SIR,
I profit of two vessels on the departure for Philadelphia, and Salem, to acquaint you, that the French co-mercials agent in this place, has just received advice, that the Dey of Algiers had declared war against France. This intelligence is transmitted to him by his colleague in Barcelona, where a vessel had arrived with the news, and dispatched for the French government, which were immediately sent on by express. I hasten to communicate to you this important information, and am with much respect and regard,
Your obedient humble servant, WILLIAM KIRKPATRICK.
The following order has been published at the Havannah:
Don Saluados Joseph de Mura y Salazar, Marquis of Someruelos, Marshal de camp of the Royal armies, Governor of the Fortress of Havannah, Captain General of the Island of Cuba and of the Provinces of Louisiana and the two Floridas, Inspector of the Royal corps of Artillery, &c. &c.
Whereas I have received information, that the proclamations published by me and my predecessors, importing that no person, either Spaniard or foreigner should embark without the passport of the government, that every vessel should export the foreigners she brought with her, and that every foreigner should depart from this island, who might be therein without a passport, and particularly those who are engaged in trade, though they might have obtained one under a different title or pretext:
Art. 1st. Wherefore I decree and order, that every person who shall embark himself without a passport, shall incur a fine of two hundred dollars, and the master of the vessel of other two hundred dollars, to be equally divided between the Chamber and the informer or person making the arrest, in failure of an information; excepting where the person who shall thus embark himself shall be a slave; in which case the said master shall be put to the public works for four months, under iron and discipline.
Art. 2d. That the foreigner who shall not re-embark in the same vessel in which he came, shall incur the same penalty of two hundred dollars, to be divided as above, unless he shall have obtained the licence of the government on account of sickness or other just cause; and in like manner the same penalty shall be incurred by the master of the vessel and the keeper of the house in which he shall have been lodged, unless they shall give information in writing immediately to the Commissary of the district, in order that he may communicate it to the government.
Art. 3d. That every foreigner who shall engage himself in commerce, with or without a shop, shall be put under arrest, and all his effects seized by any officer of justice, giving me previous information thereof, to the end that his goods may be confiscated, applying a fifth part thereof to the use of the informer, and the rest as is ordained by the laws; and in case of his keeping a shop for trade, or if he shall not be engaged in another honest occupation in some branch of agriculture or the arts, a fine of two hundred dollars shall be exacted from the respective Commissary of the district or captain of the ward, to be also divided between the Chamber and informer, and the pretence of ignorance shall not avail for its remission.
Art. 4th. That in like manner every Spaniard shall be put under arrest and his goods seized, who shall serve as a cover for any foreigner to carry on commerce in his name, and five hundred dollars shall be thereafter levied as a fine to be divided between the Chamber and the informer, without prejudice to any other proceedings which may take place according to law.
Art. 5th. The introduction into this island of negroes who are not mere liable from the coast of Africa, being prohibited by proclamation of the 25th Feb. 1796, under the penalty of 100 dollars for each for the first offence, of 200 for the second, and 300 for the third, and in this last case that the importer should be banished from the island, in like manner every individual shall be put under arrest, and his goods seized, in whole or in part, and the said prohibited class shall be found, and he shall pay a fine of 200 dollars to be divided as expressed in the preceding article.
I charge all magistrates, the captain of the port, and the adjutants of the army, to apply in the part which concerns them, the greatest zeal for the fulfilment of this edict.
And that it may come to the knowledge of all, it shall be posted up at the Mole, and in the public places which are most frequented, and it shall be announced in the periodical paper.
Havanna, 17 Feb. 1803. The Marquis of SOMERUELOS. By order of his lordship, MIGUEL MENDEZ.
Although the above order is a severe one, and will probably be carried into effect with more rigor than has been usual on like occasions, letters received from the Havannah, worthy of entire confidence, announce that in its intention as well as letter, the order may be considered as general in its application to all foreigners, and that so far as relates to any manifestation of the disposition of the government of that place, it had been pointedly friendly to the United States.
The following information, copied from the New-York Commercial Advertiser, being substantially, as to its most important contents, derived from two arrivals at different ports, may from that circumstance perhaps gain some credit, if suffered to pass without animadversion. It is very important that the alleged fact should, if true, be known; and equally important, if false, that it should be contradicted, that no undue impression may be made on the public mind.
The latest dispatches do not, we learn, in the least countenance the information, and we repeat it, that there is good reason to believe that the measures alluded to, and which from being verbally, are probably incorrectly stated, have entirely arisen from quarantine regulations, known to be at present unusually severe in the ports of Spain.
The frigate Constellation arrived here on Tuesday direct from Gibraltar, after a passage of 39 days. The advices she brings are as late as the end of January, and are perfectly silent on the subject; as is the letter of Mr. Kirkpatrick, our Consul at Malaga, which is dated February the 1st, and which probably contains the latest intelligence from Spain. Under these circumstances there is no reason to credit the report.
Last evening arrived at this port the ship American Hero, Capt. Masters, in 38 days from Gibraltar. Captain M. informs, that on the 28th January, three days previous to his sailing, information was received there from Cadiz, that all American vessels had been ordered by the Spanish government to depart immediately from Cadiz, and that no more would be permitted to enter. The cause of this interdiction was not publicly known. Twelve sail were driven ashore in a heavy gale at Cadiz; one of them the ship William and Henry, belonging to Mr. Wm. Gray of Salem.
Whilst Capt. M. lay at Gibraltar several very severe gales of wind were experienced, in which many outward and inward-bound vessels were totally lost, amongst which we are sorry to number the fine new ship Gora, capt Bourne, (belonging to the Messrs. Snell, Stagg, and Co. of this city) on her passage from Gibraltar to Cadiz; the principal part of her cargo, consisting of slaves, will be preserved. In the same storm the United States frigate Constellation lost one of her anchors, and drifted to sea.—She narrowly escaped being driven on shore, as she lay in only five fathoms of water at the time of the accident.
The frigate Adams was at Gibraltar, watching the motions of the Tripolitan brig, which still continued there.
It was currently reported that five Tripolitan Corsairs were out on a cruise against American vessels, but no account of their success had reached Gibraltar.
Price of Provisions at Gibraltar and up the Straits; beef 18 dollars, pork 25, flour 9 1-2.
Captain Swain, arrived at Boston, in 32 days from Bayonne, informs, that the Spaniards will not admit vessels from any part of the United States to enter their ports—one or two which have attempted to enter have been fired upon. A ship belonging to one of the southern states entered the port of St. Sebastian in a gale of wind, was immediately ordered off again, which she complied with, and on endeavouring to make Bordeaux, was lost on the Cordovan—accounts had been received at Bayonne, that she had a number of passengers on board, which with the crew were all lost.—Orders had been received from Madrid, not to admit any vessel until they had received advices from their Ministers in America.—Very severe gales of wind have been experienced in the Bay of Biscay; accounts had been received at Bayonne, of from 29 to 30 sail having been lost, within a month previous to his sailing.
On the first of March the legislature of the new state OHIO convened at Chillicothe; when Nathaniel Massie was chosen President of the Senate, and Michael Baldwin, Speaker of the House of Representatives.
On the 3d inst. the votes for Governor were counted, and EDWARD TIFFIN declared to be elected.
At one o'clock of the same day the Governor, in the presence of the two houses, took the oath of office, and made the following address:
Gentlemen of the Senate, and Gentlemen of the House of Representatives, In obedience to the call of my fellow citizens, communicated to me through your joint committee, I have attended to take and subscribe the necessary oaths required by the constitution, preparatory to administering the government of this state. I cannot, on this occasion, but express to them, through their representatives, the high sense I entertain of the obligations I am under for their partiality towards me, in the unanimity which they have manifested at the late elections, and to assure you and them, that so far as my very limited talents and experience will enable, it shall be my study and care to keep the public weal constantly in view, and uniformly to endeavor to evidence that the confidence reposed in me has not been misplaced.
In order to divert as little of your time as possible from the important duties assigned you, and to avoid that unnecessary parade which has too often been made on occasions of this kind, I will, while I am here, observe, that tomorrow, at eleven o'clock, I will make a communication to the legislature on the state of the government, by message.
The number of votes for Mr. Tiffin is 5373; those given for other individuals do not appear, but are very small. We cannot suffer this occasion to pass unimproved, without congratulating our western brethren on the Ohio on this practical enjoyment of the precious right of self government. The spectacle of a new state, rising under the protecting arm of the union, viewed as a development of the distinctive and peculiar principles of American policy, must be interesting to every friend of liberty. Nor can the entrance of this state into the union under circumstances at once auspicious to its prosperity and the general good, be too highly appreciated. The almost unanimous election of a republican Governor, and the election of a vast majority of republican members in the legislature, is an unequivocal evidence of the confidence of the citizens in the measures of the general government. May this confidence, while the measures of both governments remain republican, long continue.
The following is an authentic statement of the ascertained votes in six out of eight election districts in South Carolina.
Table with 2 columns: District, Votes. Includes Charleston district, Robert Marion (385), Benjamin Huger (488), Lemuel Benton (471), General Caley (436), Mr. Colhoun (299), Robert Creswell (141), James Saxon (103), Benjamin Herndon (24), Thomas Moore (694), William Hill (296), William Smith (158), Wade Hampton (381), John Taylor (367).
Though not ascertained, we believe there is no doubt of the re-election of General Butler, who is republican.
The following is an extract of a letter from his Britannic Majesty's Chargé d'Affaires at Washington, to John Hamilton, Esqr. British Consul at Norfolk, intended for general publicity.
Washington, 20th Jan. 1803. In a letter which I wrote to Mr. Morgan a few posts ago, I begged him to inform you that I had received directions from Lord Hawkesbury to transmit to England, all the papers and documents in the hand of the general agent; and I mentioned the probability of Mr. Smith's accompanying them to England. He is now in this place. We are agreed that he shall embark with them by the March Packet, which will but barely give him time to put them all in order, and make his own preparations. He will also have by this means an opportunity of touching at Halifax. I give you this early intimation that you may have time to prepare every thing which you may think proper to transmit by him, although I presume he will write to parties concerned in Virginia, &c. perhaps you may as well mention it within the circle of your acquaintance."
It is with pleasure we insert the following extract from the P. Advertiser, a respectable print published at Frankfort, Kentucky, not so much on account of the facts it contains, which are already substantially known to our readers, as on account of the concluding remarks, which, we believe, truly delineate the feelings of the citizens of Kentucky.
Frankfort, March 3. The following very important information was obligingly communicated to us this morning by the Hon. John Brown, who arrived from Washington City on Tuesday evening;—two days before he left the seat of government (which was on the 14th ult.) dispatches had been received from Mr. Livingston, our Ambassador at Paris, in which it is stated, that in consequence of a diplomatic note presented by him on the subject of the late irregular proceeding at New Orleans, he received assurances from the French Minister of foreign affairs, that France would respect the rights of America—that she had received Louisiana from Spain, subject to such stipulations as are contained in our treaties with that power,—and that she wished to cultivate, with the Americans, a spirit of harmony and good will. The French Minister further assured Mr. Livingston, that as soon as the First Consul arrived (who was expected in Paris the next day) an official note, containing these sentiments, should be delivered to him to forward to his government.
No doubt can be entertained of the authenticity of this intelligence, as Mr. Brown received it from the President himself, and has authorized us to make it public. Mr. Jefferson further observed that altho' the re-establishment of things on their former footing, was all we had a right to demand—experience had shown it would not be sufficient to ensure the protection of the western commerce, or to restore confidence to the minds of our citizens—the government would therefore make every exertion in its power to obtain one entire side of the river Mississippi.
Of the probable success of such a negotiation, all are at liberty to form their own conjectures—but uncaution must be that mind, and depraved the heart, that could propose to raise the standard of revolt against a government, which has not lost a moment to endeavour to redress the grievances of which we justly complain.
Pittsburgh, March 12.
The enemies of the administration and of peace, appear determined to leave no stone unturned, nor misrepresentation omitted that can involve the country in confusion. The following extract of a letter will show to what lengths they will go, and what measures they will pursue to promote their views. The citizens of this country who know the disposition of the people to support the administration, will blush at the depravity of those incendiaries, who could wantonly fabricate the following falsehood; and those of the eastern part of the union will be less credulous in believing reports, that have not the shadow of truth attached to them.
Lancaster, 26th Feb. 1803. The governor has lately received an official letter from the Secretary of State of the United States, which states that the Spanish Minister had represented to the President of the United States, That from certain information which appeared worthy of credit, he was induced to believe a combination existed in the western parts of Pennsylvania, hostile to the interests of his Catholic majesty; That a body of men was forming, or tormented, for the purpose of making an invasion on some part of Louisiana; and the letter asserts, that one Wilson, a man of desperate fortune was at the head of this insurgent party. The scene of those measures is laid to be on the bank of the Ohio.
We have made every possible enquiry concerning this report and find it totally groundless.
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 CROSERIES, 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. March 18. 1awtf
In Case of WILLIAM DYER, BANKRUPT.
WHEREAS a commission of Bankruptcy, founded on the act of Congress, entitled "An act to establish an uniform system of bankruptcy throughout the United States," has been awarded against William Dyer, of the city of Washington, a trader;—and whereas the major part of the commissioners in the said commission named, have declared the said William Dyer to be bankrupt; he is hereby required to surrender himself to the said commissioners, or the major part of them on the 22d of March instant, and on the 9th and 28th days of April next, at the hour of 5 o'clock P. M. on each of said days at the public goal in Washington county, then and there to make a full and fair discovery & disclosure of his estate and effects, when and where the creditors are to come prepared to prove their claims, at the second sitting, to choose assignees, and at the third to assent to or dissent from the allowance of his certificate—all persons indebted to the said bankrupt, or who have any of his estate or effects in their hands, are not to pay or deliver the same to him, but give notice thereof to JOHN C. DENE, Secy. to the Commissioners.
March 18th. The Washington Troop Cavalry are requested to meet on the plain opposite to, and on the north side of, the President's House, on Saturday next at three o'clock P. M. The Troops are to appear completely equipped. By order of the Captain, N. LUFBOROUGH, Adjt.
NOTICE.
The inhabitants of the second and third Districts in the city of Washington (which includes all that part of the city east of Sixth street west and north and south of Pennsylvania avenue) and others holding property in said districts, are hereby informed that the subscriber will attend for the purpose of receiving their taxes at Mr. Sibley's tavern, from Monday the 21st of this month, until the 21st of next month, every day, Sunday excepted, from 11 o'clock A. M. till 2 o'clock P. M. It is hoped early attention will be had to this notice, as the law requires the tax shall be paid within one month from the date of notice, otherwise their property will be subject to distress and sale, which must be complied with, however disagreeable to the subscriber. The right of voting for Councilmen for the city also depends on the payment of the tax prior to the election, which will take place on the 1st Monday in June next.
WASHINGTON BOYD, Treasurer of Washington City. March 18. 1aw3w
The celebrated and beautiful new bouded running horse
WILD MEDLEY,
WILL stand in the city of Washington, to be let to mare at twenty five dollars the season, which will commence on the 10th of March instant, and end on the 10th day of August next; but twenty dollars will be received in full discharge, if paid within the season, and one dollar to the groom in all cases. Good and extensive pasturage, well inclosed, at 50 cents per week, near the city; but, though the utmost care will be taken, there will be no responsibility for accidents or escapes. The above horse is in the highest form, and with uncommon powers. He measures full fifteen hands three inches high, and is a beautiful deep blood bay. He was lately purchased of Mr. Stubblefield of Gloucester county, Virginia, by W. Thornton—Enquiries concerning this capital horse may be made at Mr. Rhodes's, and Mr. Lovell's Tavern. March 8th, 1803.
PEDIGREE.
(Which cannot be excelled.) Wild Medley was gotten by the imported horse old Medley, his dam by Wild Air, his grand dam by Shandy, his great grand dam was the famous running mare old Sportley, which was gotten by old Jaous. The dam of Sportley was purchased by General Thomas Nelson from the Spanish Main, and sold by him to Col. Lewis Burwell of Gloucester county. Given under our hands this 14th day of January, 1801.
Meaux Thornton, Lewis Burwell.
I had the following from good authority Wild Medley, (which was foaled the property of Mr. Nuttall of Gloucester courthouse) ran at four years old four times, and never was pushed, but won every race under a hard pull. He won at Urbanna the two mile heats. He won at King William courthouse the three mile heats. His owner then died, and he has not run since, but has been kept as a stud.
William Johnston.
I do certify, that I had two foals got by Wild Medley, a filly four years old this spring sold to John Taylor, Esquire, of Mount-Airy, for 1200 dollars, and a colt now three years old this spring, for which I would not take less than 1500 dollars; and I also am acquainted with several of Wild Medley's colts, which I think as fine as any I know, and I think him as good a foal-getter as any horse that ever stood in these parts.
John Wood.
Wood's filly won the Urbanna Sweepstakes last June, beating Mr. Hall's horse; my filly, by Cormorant; and col. Kenp's filly, by Amicus; and I think (but am unable to say positively) she distanced the field the second heat. I also understood the won the Sweepstakes at Wood's Ordinary in Gloucester, by distancing the field. Both these Sweepstakes were two mile heats.
John Taylor.
I do certify, that I have seen Wood's filly and colt now in training at Mount-Airy, the best of John Taylor, Esq. and I think them both elegant; the colt the finest of his age I ever saw. I have also seen Mr. Gibb's colt, and think him fine. I am credibly informed that Mr. Giles Cook, Colonel Thomas Roan, Major Thomas Hartley, Mr. William Roberson, Mr. Joseph Hall, and several others, all from 500 to 800 dollars for each of their colts by Wild Medley; and I never heard of a horse having a good character as a foal-getter, nor to much lauded as is leaving a place, as Wild Medley in leaving Gloucester county.
Given under my hand this 4th March, 1803. William Johnston.

Valuable Lands For Sale. Will be sold to the highest bidder by the Executors of the late Gen. GEORGE WASHINGTON, the following tracts of Land, at the times and places hereafter mentioned, viz. On the first Monday in April on the premises. 600 acres lying in Charles County in the State of Maryland near a place called the fifth Trap, about 16 miles above Port-tobacco. On the 2d Monday in April on the premises. 119 acres in Montgomery county in the State of Maryland, in the neighbourhood of Frederick town, not far from Kittitown. On the 15th day of April at Charles Town. 453 acres in Jefferson county Virginia, about two miles west of Charles town, also, 240 acres lying in Hampshire county on Potomac river, about 12 miles above Bath. On the 16th of April on the premises. 1600 acres in Jefferson county on the south fork of Bullskin. On the 18th day of April on the premises. 183 acres in Jefferson county in Wormleys line. On the 30th of April on the premises. 371 acres in Frederick county 11 1/2 miles south of Battle town. On the 22d of April at Paris. 2381 acres on Ashbey's, and 833 acres on Chatins run in Fauquier county. One fourth of the amount of the purchase money to be paid down, and the balance in three annual instalments to be secured by a mortgage on the premises, and to carry interest from the day of Sale. THE EXECUTORS. Feb. 28. March 2—opt22a.
TO LET. And be entered upon immediately, three well finished BRICK HOUSES, NEARLY opposite Morn's Tavern, on Twelfth street very near Pennsylvania Avenue, built for the WASHINGTON BUILDING COMPANY. The Houses will be rented on very reasonable terms. Apply to THOMAS CARPENTER near the President's Square. optf. Dec. 18.
170,038 Acres of Land. THIS body of land, in one entire and inclusive survey, is offered for sale to any individual or company, who may incline to purchase for the purposes of settlement and emigration. It is situated in the State of Virginia, on the Great Kenawha River, Montgomery county, and is distinguished by the name of "The Great Bent of the Kenawha," being intersected by the Piney river, Great and Little Bluestone rivers, Coal river, and Wyandot river, as also by numerous other creeks and waters, running into said rivers. Numerous mill-sites, inexhaustible bodies of coal, and great appearances of ores, metals, salt springs and salt licks, are to be found on this tract, besides which, sugar may be made thereon to any amount, the sugar treacand being in almost every part. For fertility of soil, growth of timber, fitness for cultivation, salubrity of climate, and natural advantages, this body of land stands unrivalled by any tract of equal quantity in Western America; it will be submitted for sale to an entire purchaser, until the first day of June next, on very advantageous terms; after which, it cannot be disposed of at any price the present proprietor being compelled to a division thereof. An inalienable title will be given, and for further particulars, as to terms of sale and payment, enquire of JOHN BECKLEY, Esq. Clerk to the House of Representatives of the United States, at the city of Washington. November 1, 1802. tf
FOR SALE OR RENT, THAT elegant three story BRICK HOUSE, on the corner of Falls & Frederick street in George Town, lately occupied by Mr. PACHON. Likewise, THE two well finished three story BRICK HOUSES, adjoining that occupied by Mr. SAMUEL H. SMITH, Printer, on the Pennsylvania Avenue, east of the centre Market House, City of Washington—Apply to GEORGE THOMPSON, George Town. Geo. Town, Oct. 20. tf. City Hotel, BROADWAY NEW-YORK.
THE Subscriber most respectfully informs his friends and the public, that the above Hotel will be opened on the first of May ensuing, when their patronage is earnestly solicited. He avails himself of this opportunity to return his sincere and grateful thanks to those societies, parties, and gentlemen, who have given him their support, and assures them that a continuance of their favors will be a stimulus to future exertions to please; and that the utmost attention shall be given for their comfort and accommodation. Boarding may be had by the day, week, month, or year. Families travelling, may be elegantly accommodated with lodging and sitting rooms; and, if preferred, have dinner &c. in their apartments. The Hotel being so well known, it is almost useless to say, that it is situated in one of the most healthy and pleasant parts of the city; commanding an extensive view in every direction, not only of the city itself, but also of the Narrows, the North and East Rivers, the State of New-Jersey, York and Long-Island &c. &c. A handsome coffee-room will be fitted up in the principal floor; where gentlemen may have tea, coffee, chocolate, soups, and refreshments in general, at the shortest notice. All the leading newspapers in the union, will be regularly taken in. Public dinners and suppers in a plain or elegant style either for large or small parties. Also, beef steaks, oysters, &c. regularly furnished. An ordinary every day at half past 2 o'clock, by the public's obedient servant, JOHN LOVETT. N. B. Rooms to let by the month or year. April 21, 1802. optf.
ELISHA RIGGS, BRIDGE STREET. Has an extensive assortment of dry goods, viz. SUPERFINE London Cloths and Caffeemere, fashionable cords and waistcoatings, fine Irish and white Russia sheeting, best double milled drab cloths, Italian crapes, laces, lace veils and shadys, best white Satin, black satins and luteclings, madras pladfor dresses and shawls 5-4, 4-2 and 7-8, fine London, Chinese very fine, and other linen and cotton cambricks, ladies and mens pocket books, and gloves, fine nap'd cambricks and coatings; ladies and mens silks and cotton hosiery very fine sheeting flannels and cottons, cotton counterpans and rose blankets, mens Satin, Florentine and Toilenets, Irish and German Linens, morocco, kid, and leather shoes and boots. A L S O, Many other articles, which being selected on the best terms, will be sold very low for cash. George Town, Feb. 14. em&3w
LATELY PUBLISHED, And for Sale by THOMAS HERRY, at his GOVERNMENT OFFICE, President's square, City of Washington—  A DIGEST OF THE LAWS of the United States. BEING a complete system (alphabetically arranged) of all the public acts of Congress in force—from the commencement of the Federal Government, to the end of the first Session of the seventh Congress, which terminated in May 1802, inclusive, in two volumes, price five dollars. The second volume comprises the acts of the 3 last Sessions of Congress, in same order and referring to such parts of the first volume as have undergone alterations; to which is annexed a correct table of the duties on imports, and a comprehensive index—The price of the 2nd vol. is 162 1/2 cents in boards, or 2 dollars full bound. N. B. At the above office, Deeds and all other instruments of writing are drawn with legal precision, and on moderate terms—Titles to city lots investigated, &c.—Houses and Lots to sell and rent. Dec 6. lawtf.
IRON WORKS. District of Columbia, County of Washington, to wit. ON the petition of NATHAN SEGER, an insolvent debtor, confined in the prison of Washington county for debt, offering to deliver up for the use of his creditors, all his property, real, personal and mixed, to which he is in any manner entitled, a schedule whereof on oath, together with a list of his creditors, so far as he can ascertain them, is annexed to his petition. It is ordered and directed that notice of such application be published in the National Intelligencer, and Washington Federalist for one week before Thursday the 17th day of March instant, requiring the attendance of the creditors of the said Nathaniel Seger at the court house of the county of Washington in the Capitol on the said day, between the hours of 9 and 12 o'clock in the forenoon of the same day, at which time and place will be administered to the said Seger the oath of an insolvent debtor as prescribed by the act of Congress passed at the last session, entitled "An act for the relief of insolvent debtors within the district of Columbia," and a trustee will then and there be appointed for the benefit of the creditors of the said Nathaniel Seger according to law. By order of William Cranch, Esq. assistant Judge of the circuit court of the district of Columbia, made the 5th day of March 1803. U. FORREST, Clerk. March 9. iw.
NOTICE. In the case of ROBERT M C MUNN Bankrupt. WHEREAS a commission of bankruptcy under the act of Congress entitled "An act to establish an uniform system of bankruptcy throughout the United States," hath been awarded against Robert M C Munn of the City of Washington, in the district of Columbia, merchant and trader—and whereas the major part of the commissioners named in said commission, have declared him Bankrupt within the meaning of said act of Congress; he is hereby required to surrender himself to the commissioners in said commission named, or the major part of them on the 14th day of March instant, the 28th day of March instant, and on the 13th day of April next, at the hour of 4 o'clock P. M. on each of said days at the public goal in the city and county of Washington, then and there make a full and fair disclosure and discovery of his estate and effects. At any of said meetings, the creditors of said bankrupt are notified to prove debts against him, at the second to choose an assignee or assignees of his estate, and at the third his certificate will be granted by the commissioners, the due number of his creditors assenting. Persons holding any of his property or indebted to him, will please not to deliver or make payment of the same to him, but to give notice thereof to JOHN C. DENT, Secretary to the Commissioners. March 2.  City Repository and Auction Room. Household Furniture, and goods of every description, received for public and private sale, by JOHN GARDINER Auctioneer, Pennsylvania Avenue, 41 house west of President's square. GARDINER will have an Auction every Thursday at 11 A. M. and sell by private sale other days. This arrangement he trusts will accommodate all who are desirous to sell cheap for cash; and all who are desirous to buy cheap. Those who have goods they wish to part with, can exhibit them at this repository, and those who wish to purchase, by calling, will probably find what they want on easy terms. Variety of House Furniture—some dry Goods—Books—Earthenware—Ironmongery—Carpenters Tools—A Franklin stove &c. &c. now for sale Cheap. J. GARDINER
Patent & Family Medicines. RICHARD LEE & Co. RESPECTFULLY inform the people of the United States, that they have removed their manufactory and wholesale store from Baltimore to New-York, where all orders addressed to them, will be promptly executed, if accompanied with cash, or drafts on New-York, Philadelphia, or Baltimore. It is now nearly six years since the Medicines, underneath enumerated, were first offered to the public; during this period they have been the numerous impositions of ignorant and avaricious pretenders, acquire an ephemeral existence, and pass unnoticed into oblivion. On the other hand, our remedies have, by firm steps, been constantly rising in the public esteem, and acquiring a more extensive range of celebrity. At most of the places of sale, pamphlets may be had gratis, describing at large, the properties and uses of the medicine, with testimonies of their efficacy, from the pens of well known physicians, divines, lawyers, and statesmen; as well as from the equally respectable artisan, the merchant and the farmer. Richard Lee & Co. are inclined to send their medicines, on a liberal commission, to a respectable and established storekeeper in every town in the United States, where a Newspaper is printed, in which they can be announced for sale. Attention will be paid to applications from such places, where vendors are not yet appointed; but it must be premised, that correct attention to periodical settlements is required—and that a reference to some Mercantile house, in one of the principal cities, would be pleasing. Hamilton's Worm Destroying Lozenges, Elixir for Coughs, Colds, Asthmas, Essence and Extract of Mustard, for Rheumatism, Gout, Sprains, Swellings, &c. Grand Rehorative Drops, for Internal Weaknesses, Nerves Diseases, Female Complaints, &c. Hahn's celebrated German Eye-Water, Corn Plaster, Anti Bilious Pills—a valuable medicine known to by tens of thousands. Anodyne Elixir for Head Ache, Infallible Ague and Fever Drops, Sovereign Ointment for the Itch. Neither of the two last have ever failed, though used in a great many thousand cases. Restorative Tooth Powder, Persian Lotion for Cleaning the Skin, and improving the complexion—safe and certain. Damask Lip Salve, Tooth Ache Drops, Patent Indian Vegetable Specific, for the cure of a certain deplorable malady, &c. &c. Sold WHOLESALE at No 345. Washington Street, New-York, and retail, by C. Pierce, Portsmouth, S. Curtis, Amherst, New Hampshire; Thomas and Andrews, Bolton, Isaiah Thomas, Worcester, E Merriam, and Co. Brookfield, Cushing and Appleton, Salem, H. Mahn, Dedham, H. Jones, Stockbridge, Jenks, and Clark, Portland, A. March, Newburyport, Galen H. Fay, Haverhill, Massachusetts; W. Wilkinson, Providence, N. Phillips, Warren, Rhode-Island, Samuel Trumbull, Stonington Point, Dr. I. Thompson, New London; Dr. Darling, New-Haven, Hudson and Goodwin, Hartford, J. Byrne, Windham, J. Trumbull, Norwich, Connecticut; Thomas Kirk, Brooklyn, Peter Van Bommel, Poughkeepsie John G. Hurlin, Goshen, E. Norman, Hudson, Dr. Croswell, Catskill, John Barker, Albany, Moffit, and Co. Troy, W. M C Lean, Utica, T. Walker, Rome, E. Phinney, Coopers-Town, and by T. B. Janen & Co. New-York; Pennington and Gould, Newark, S. Kolloch, Elizabeth-Town, A. Blauvelt, Brunswick, Sherman and Co. Trenton, R. Games, Burlington, New-Jersey, James Wilson, Wilmington, Delaware, William Y. Birch, Philadelphia, G. Dawson, Carlisle, J. Wyth, Harrisburg, C. J. Hietter, and R. Dickson, Lancaster, S. Loncope, Easton, J. Scheider, Reading, T. Wilson, Norris-Town Dr. Spangle, York-Town, Snowden and M C Corke, Greensburg; John Issac, Pittsburgh, Pennsylvania; Dr. S. Brown, Ken-ucky; Warner and Hanna, Baltimore; M. Bartgis, Frederick; J. Dietrick, Hagerstown; Gideon White, Annapolis; Dr. Stevens, Easton; J. Clayland, Centreville; Fenton and Read, Cambridge; RAPINE AND Co. WASHINGTON; Dr. OTT, GEORGE-TOWN; Maryland. Dr. Miller, Winchester; S. Bishop, Alexandria; G. Green, Fredericksburg; S. Pleasants, Richmond; Ross and Douglass, Petersburg; Dr. Purdie, Smithfield; M. Jones, Suffolk; E. Merick, Norfolk; Ben. Johnson, Warren; J. Alburts, Martinburg; I. Shaw, Leesburg; R. Greenhow, Williamsburg; R. Barker, Fauquier C. H.; S. Henkle, New-Market; Virginia. Joseph Gales, Raleigh, G. Bradley, Newbern; North-Carolina. C. Wittich, Charleston, South-Carolina. * Those of Lee and Co's correspondents who are in long arrears, and pay no regard to repeated solicitations for payment, are finally informed, that as we are much averse to law suits, we shall advertise our claims on them for disposal in a way that will give us the least trouble, though not probably very gratifying to their feelings. Feb. 7. raw12t.
NEW ORLEANS. JUST PUBLISHED, AT DUANE'S BOOK-STORE, Pennsylvania Avenue, At Rapine and Conrad's, Capitol Hill and at John March's, George Town, THE Mississippi Question Fairly STATED, And the Views and Arguments of those who clamor for WAR, examined.—Price 25 cents. March 2. FOR SALE, A Blacksmith, who is a prime workman, and his WIFE, an excellent Washer and Ironer. Inquire of the Printer. Feb. 21. 76.
NOTICE. The Subscriber will attend at his office in the house of Messrs. HUDBLESTON & COOK, Pennsylvania Avenue, near the Centre Market house, every day, Sunday excepted, after the 9th instant till the 14 April next, from the hours of nine o'clock in the forenoon till 4 o'clock in the afternoon, for the purpose of sealing, according to a law passed by the Council of this City, all weights and measures which may be brought to him. It is hoped that all persons in the habit of using weights and measures will be punctilious in getting them sealed in due time as they are no doubt acquainted with the strictness of the law. BENJAMIN BURCH. March 11. 35.
Valuable Medicines. The Public are respectfully informed that LEE & CO. and the Agents of their appointments, will in future keep a constant supply of the following Medicines, which are in high esteem and general use throughout the United States, many of them being sold cheaper than the Drugs of which they are compounded, could be purchased at a retail store. HAMILTON'S ELIXIR; A sovereign remedy for Colds, obstinate Coughs, Asthmas, Sore Throats, and approaching Consumptions. To Parents who may have Children afflicted with the HOOPING COUGH, THIS discovery is of the first magnitude, as it affords immediate relief, checks the progress, and in a short time entirely removes the most cruel disorders to which children are liable; the Elixir is so perfectly agreeable, and the dose so small that no difficulty arises in taking it. Mr. Charles Myers, Hampstead Hill, near Baltimore, had been a long time dangerously indisposed, and was reduced to the lowest state of weakness, inasmuch that his recovery appeared doubtful. His complaints, which seemed to be affections of the breast and lungs, and general debility occasioned thereby, yielded little, but rather progressed under the treatment of several eminent physicians; when by the use of Hamilton's Elixir, his distressing cough was immediately alleviated, and every other symptom rapidly subdued. Four or five bottles entirely removed his complaints, and restored him to an excellent state of health and strength which he has for upwards of 2 years past enjoyed without interruption.
From LUTHER MARTIN, Esq. Attorney General of the State of Maryland. GENTLEMEN, I comply with your request in stating my opinion of Hamilton's Elixir—it has been used in my family for two or three years past, with uniform success, whenever colds, coughs, or similar complaints have rendered medicine necessary—I have myself found it an excellent and agreeable remedy for a very painful and troublesome affection of the breast, accompanied with soreness and with obstructed and difficult breathing. On these accounts I do not hesitate to recommend Hamilton's Elixir, as a valuable medicine, and deserving public attention. LUTHER MARTIN. Mr. Alijah Henly, Bridge-street, Baltimore, was cured by one bottle of Hamilton's Elixir, of a very complicated disorder, occasioned by a severe cold, caught several months ago—He breathed with the greatest difficulty, and was often thrown into weakening sweats when he attempted to walk any distance, and his voice would frequently fall in such a degree that he could only attempt to whisper; he has been upwards of six weeks without a return of his complaints, and desires to give his public testimony in favor of this invaluable medicine. Mrs. Elizabeth Jones, South Howard Street, was greatly relieved of an asthmatic complaint of several years standing, by the first bottle of Hamilton's Elixir—and by the use of five bottles she has acquired a degree of ease and strength to which she had been long a stranger. She had taken balm of honey, Church's cough drops, and other medicines, without any benefit, and sometimes to the evident injury of her breathing. Sold ONLY in Columbia District, S. Bishop, Bookseller, Alexandria—Dr. John Ott, Druggist, George Town—and Rapine and Conrad, Booksellers, Capitol Hill, Washington. Feb. 2. raw12t.
District of Columbia, County of Washington, to wit. ON the Petition of RICHARD WILSON an insolvent debtor, confined in the prison of Washington County for debt, offering to deliver up for the use of his creditors, all his property, real, personal and mixed, to which he is in any manner entitled, a schedule whereof on oath, together with a list of his creditors, as far as he can ascertain them, is annexed to his petition. It is ordered and directed that notice of such application be published in the National Intelligencer and Washington Federalist, for one week before Thursday the 17th day of March instant, requiring the attendance of the creditors of the said Richard Wilson, at the court house of the county of Washington, in the Capitol, on the said day, between the hours of 9 and 12 o'clock in the forenoon of the same day, at which time and place will be administered to the said Wilson the oath of an insolvent debtor, as prescribed by the act of Congress passed at the last session, entitled "An act for the relief of insolvent debtors within the district of Columbia," and a trustee will then and there be appointed for the benefit of the creditors of the said Richard Wilson according to law. By order of William Cranch, Esq. assistant Judge of the circuit court of the district of Columbia, made the 5th day of March 1803. U. FORREST, Clerk. March 9. iw.
NOTICE. The Subscriber will attend at his office in the house of Messrs. HUDBLESTON & COOK, Pennsylvania Avenue, near the Centre Market house, every day, Sunday excepted, after the 9th instant till the 14 April next, from the hours of nine o'clock in the forenoon till 4 o'clock in the afternoon, for the purpose of sealing, according to a law passed by the Council of this City, all weights and measures which may be brought to him. It is hoped that all persons in the habit of using weights and measures will be punctilious in getting them sealed in due time as they are no doubt acquainted with the strictness of the law. BENJAMIN BURCH. March 11. 35.
JUST PUBLISHED. AT DUANE'S BOOK-STORE, Pennsylvania Avenue, Neatly bound in large Octavo, and ornamented with twelve copper plates, THE Celebrated Treatise on the Education of Youth, ENTITLED, GYMNASTICS, Translated from the German of SALZMAN. This important work is the first American Edition, and allowed to be equal in execution to any English printed book. Price only 250 Cents. AN ESSAY ON IRISH BULLS. By Richard Lovel Edgeworth, and Maria Edgeworth, author of the celebrated works "Practical Education," Castle Rackrent, &c. &c. CONTENTS. Chap. 1. Vulgar Errors. 2. Etymology of Irish Bulls, uncertain. 3. Originality of Irish Bulls disputed. 4. Irish Newspapers. 5. The criminal law of Bulls and blunders. 6. Little Dominick. 7. The bliss of ignorance. 8. Thoughts that breathe and words that burn. 9. Practical Bulls. 10. The Dublin Shoe Black. 11. The Hibernian Mendicant. 12. Irish Wit and Eloquence. 13. The Brogue. 14. Bath coach conversation. 15. Bath coach conversation. 16. The Irish Incongnito. Conclusion. Price in boards 75 Cents—bound 100.
INTERESTING. LETTER from the Honorable A. C. Hanson, Esq. Chancellor of the State of Maryland. To the Editor of the Maryland Gazette. SIR—For the good of the public, as well as from a desire to do justice to a man of merit and genius, I request you to publish the following cases. A young man in my family, who had read Dr. Hamilton's advertisement, and who had, for some time, as he says, experienced the symptoms described by the doctor, as indicating the presence of worms in the human stomach or intestines, resolved, without consulting any person whatever, to try the doctor's remedy. He accordingly procured a box of the Lozenges. Last evening he took 4 of the yellow, and this morning he took an equal number of the brown kind. They did not, as he says, operate harshly, except one stool, when he felt a considerable griping, and when there came from him a worm, perfectly white, about a yard in length, as broad as his little finger, and having a number of joints, about an inch or a 1-4 of an inch distant from each other. Besides this worm, he says there came from him a considerable number of ft worms, about 3-4 of an inch in length, and nearly the same in breadth. He did not think of counting them, but he says there were more than 20. I regret extremely that I had not an opportunity of seeing the tape worm; the young man not having, as he ought to have done, taken measures for preserving it, and the simple servant girl, who attended to his chamber, having, before I had heard of his taking the medicine, thrown it and the other worms into the necessary, not thinking it of consequence to take care of them. The girl, however, and another servant concurs with him respecting the worms which appeared in the vessel, and the tape worm, they say, was alive, so far as to have motion, after it came from him. It is needless to describe his symptoms, as he says they were exactly such as are described by the doctor. Another young man of my family also, without any consultation or advice, one evening, and morning about three months ago, took 7 Lozenges, which operated powerfully. No worm came from him; but in the course of 2 or 3 days, he was quite well; and has since had a considerable accession of flesh and strength. In short, although I, like many others, have been incredulous with respect to the virtue of Hamilton's Lozenges, I am at length perfectly convinced of their great efficacy and utility. As I cannot reasonably be supposed to have any motive, except a consideration for public good, for publishing these cases, I flatter myself that I shall not incur ridicule or censure from unthinking men, for adding my second hand testimony to the evidence of the numerous respectable characters who have aimed to render justice to Dr. Hamilton (with whom I have not the slightest acquaintance) and to give important information to their fellow creatures. I think it not amiss to add, that from the healthy appearance of the young man, who has been so greatly and quickly relieved, I should have ridiculed his symptoms and apprehensions had he communicated them to me before he took the Lozenges. The fact, I am persuaded, is, that most young persons, who are, from time to time, disordered, without a visible or apparent cause, are afflicted by worms. A. C. HANSON. Annapolis, Sept. 18, 1802. The Medicine alluded to is sold in the District of Columbia (ONLY) by Samuel Bishop, Bookseller, Alexandria—Dr. John Ott, Druggist, George Town, and Rapine and Conrad, Booksellers, Capitol Hill, Washington. Feb. 4.  TO RENT. The Subscriber will Rent on reasonable terms a two story BRICK DWELLING & HOUSE and lot— SITUATED near the Capitol of the United States, in square 759.—Possession may be had immediately by, SAMUEL N. SMALLWOOD. N. B. I will exchange the above property in part for land in or near the District of Columbia. Feb. 7. raw12w.