The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1802-06-25 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
Vol. II
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CXLV.
FIVE DOLLS. PER ANN.
FRIDAY, JUNE 25th, 1802.
PAID IN ADVANCE.
National Intelligencer.
HISTORY
OF THE Last Session of Congress.
[CONTINUED]
The next day the President in obedience to his constitutional duty, "from time to time, to give to the congress information of the state of the union, and recommend to their consideration, such measures as he shall judge necessary and expedient," sent a message to both houses.
"In doing this," he said, "I have had principal regard to the convenience of the legislature, to the economy of their time, to their relief from the embarrassment of immediate answers, on subjects not yet fully before them, and to the benefits thence resulting to the public affairs."
Hitherto the chief magistrate had delivered a speech to congress in person; and his personal attendance on the legislature had been considered as producing the necessity of a reply, which had been also presented to him by the members in person. Under this practice the two houses were called upon prematurely to discuss and decide on measures with which they could be but imperfectly acquainted. They were called upon, without information, to function whatever had been laid before the President, and to pledge him their support. Hence the field of party was taken, and all its animosities kindled, to commemorate the triumph of party, without the least pretension to public benefit. The practice had been copied from a monarchy, where the parliament are the creatures of the crown; and to that monarchy it should have been confined. Republican magnanimity forbore to seize this occasion for unworthy triumph. Animated by a desire of conciliation, and by a determination to do their duty, the majority hesitated not a moment to substitute substantial acts in the room of presidential eulogium.
The message commenced with congratulation:
"Fellow Citizens of the Senate, and House of Representatives,
"It is a circumstance of sincere gratification to me, that on meeting the great council of the nation, I am able to announce to them on grounds of reasonable certainty, that the wars and troubles which have for so many years afflicted our sister nations, have at length come to an end; and that the communications of peace and commerce are once more opening among them. Whilst we devoutly return thanks to the beneficent Being who has been pleased to breathe into them the spirit of conciliation and forgiveness, we are bound, with peculiar gratitude, to be thankful to him that our own peace has been preserved thro' so perilous a season, and ourselves permitted quickly to cultivate the earth, and to practice and improve those arts which tend to increase our comforts. The assurances indeed of friendly disposition received from all the powers with whom we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of the irregularities which had afflicted the commerce of neutral nations, and of the invitations and injuries produced by them, cannot but add to this confidence; and strengthens at the same time, the hope that wrongs committed on offending friends, under a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of retribution for the past, and new assurance for the future."
"These words contain a distinct recognition of the importance of peace, and commerce, as the natural allies of each other; of the superintending care of a beneficent Being; of our obligations of gratitude to him for his protecting goodness; and of the value of agriculture and the arts which increase our comforts. They contain also an assurance of a friendly disposition on the part of the foreign powers with whom we have principal relations, and a strong expression that, the reason of war and injustice being past, our just claims for retribution will be respected."
"The assurance of a pacific spirit on the part of our Indian neighbours is given, and the information that husbandry and the household arts are gaining ground among them; and it is added,
"We are able to announce that, instead of that constant diminution of numbers produced by their wars and
their wants, some of them begin to experience an increase of population."
"If it be the duty of good men to soften the unfortunate antipathies that exist among nations towards each other, it is not less their duty to cherish, so far as can with justice be done, a respect for each other's national character. While, therefore, we acknowledge the superiority of other nations in many of the arts and sciences which contribute to individual comfort and national wealth, we may proudly exhibit the United States as exhibiting, in all its foreign and domestic relations, a model of justice and humanity, unequalled in the old world. Every where but in the United States the tract of the European has been marked with blood. Here, to the honor of our political institutions, unremitted efforts have been made, by administering to the wants of the aborigines, to mitigate the severity of their fate, to increase the sphere of their enjoyments, and ultimately to amalgamate them with ourselves. What have elsewhere been scornfully reproached as the visions of philosophic romance have been here realized; and, in some tribes an increase of numbers has been insured by these laudable means, in circumstances, of which extermination had heretofore been the invariable attendant. Happy the savage, who falls into the hands of such a conqueror; but more happy the nation whose interests are consigned to the care of such rulers."
The message proceeds:— "To this state of general peace with which we have been blessed, one only exception exists. Tripoli, the least considerable of the Barbary states, had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war, on our failure to comply before a given day. The style of the demand admitted but one answer. I sent a small squadron of frigates into the Mediterranean, with assurances to that power of our sincere desire to remain in peace; but with orders to protect our commerce against the threatened attack. The measure was reasonable and salutary. The Bey had already declared war in form. His cruisers were out. Two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded; and that of the Atlantic in peril. The arrival of our squadron dispelled the danger. One of the Tripolitan cruisers having fallen in with and engaged the small schooner Enterprise, commanded by Lieutenant Sterett, which had gone out as an attacker to our larger vessels, was captured, after a heavy slaughter of her men, without the loss of a single one on our part. The bravery exhibited by our citizens on that element will, I trust, be a testimony to the world, that it is not a want of that virtue which makes us seek their peace; but a conscientious desire to direct the energies of our nation to the multiplication of the human race; and not to its destruction. Unauthorized by the constitution, without the sanction of congress, to go beyond the line of defence, the vessel being disabled from committing further hostilities, was liberated, with its crew. The legislature will doubtless consider whether, by authorizing measures of offence also, they will place our force on an equal footing with that of its adversaries. I communicate all material information on this subject, that in the exercise of the important function, confided by the constitution to the legislature exclusively, their judgment may form itself on a knowledge and consideration of every circumstance of weight."
"I wish I could say that our situation with all the other Barbary states was entirely satisfactory. Discovering that some delays had taken place in the performance of certain articles stipulated by us, I thought it my duty, by immediate measures for fulfilling them, to vindicate to ourselves the right of considering the effect of departure from stipulation on their side."
Herein appear an ardent desire of peace with all mankind, a determination by every legitimate power constitutionally or legally confided to the Executive, to protect the commerce of our citizens, an inflexible adherence to national faith, even with pirates who had broken all ties of faith, and a vigilant self control of power, whose exercise is necessarily resolvable into executive discretion. Force was applied; but it was applied for defence. Aware that the right of declaring war rested exclusively with the legislature, to that organ of the government the President confides it unimpaired. He might have said to the Barbary powers, having broken your engagements with us, we will not comply with ours to you. He might have imitated the practice of his predecessor, and withheld the annual tribute
to Algiers, under the mistaken idea of retaining it as a pledge for their amity. No! He declined these indirect and, as experience had proved, these unavailing means. Our cause is a just one, and it is foreign to our feelings. We will still be just to Algiers, and Algiers shall then be just to us. The accumulated tribute shall be paid with good faith; and then, and not till then, if her injustice court our vengeance it shall light upon her. And the tribute was accordingly paid."
"I lay before you the result of the census lately taken of our inhabitants, to a conformity with which we are to reduce the ensuing rates of representation and taxation. You will perceive that the increase of numbers, during the last ten years, proceeding in geometrical ratio, promises a duplication in little more than twenty two years. We contemplate this rapid growth, and the prospect it holds up to us, not with a view to the injuries it may enable us to do to others in some future day, but to the settlement of the extensive country still remaining vacant within our limits, to the multiplication of men, susceptible of happiness, educated in the love of order, habituated to self government, and valuing its blessings above all price."
"We have beheld again reflected the ruling ideas of the chief magistrate; who having felt in our revolutionary struggle, the arduous misfortunes which sprang from the inferiority of our numbers in resisting the oppressions of our enemies, could not refrain from patriotic exultation at the rapid increase of our population; and at the prospect of its future augmentation. Well aware of the danger of the mildred energy of numbers, he delicately cautions his fellow citizens against this evil, at the same time that he endeavours to diffuse a rational expectation that with the increase of our numbers, shall increase our happiness, our love of order, our habits of self government, valuing its blessings above all price."
"The pecuniary situation and operations of the government are next stated; from which it appeared that the President, adhering to the professions of his inaugural speech to consult "economy in the public expenses, that labour may be lightly burthened" had diligently directed his attention to the reduction of all useful establishments and officers. Among these he states, the expenses of diplomatic agency to have been considerably diminished; the inspectors of internal revenue, who were found to obstruct the accountability of the institution, to have been discontinued; and several agencies, created by executive authority, on salaries fixed by the executive, to have been suppressed. Considering the legislative body as guided by the same views with himself, he suggests the expectation that a sensible and salutary reduction may take place in the habitual expenditures; and the opinion that, considering the federal character of the government, the ramifications of office have been too much extended, and may now be safely abridged. He states the army as unnecessarily large, and recommends a reduction, enforcing at the same time an emendation of the militia system, until it shall be sufficiently perfect to render us secure, even were an enemy at our door."
"Relying on the legislative adoption of these effective economical arrangements, he submitted to them the expediency of removing the internal taxes, comprehending excises, stamp, auctions, licenses, carriages, refined sugars, and the postage on newspapers; a measure which he deems safe from the combined consideration of an increasing numbers, and from the augmentation of revenue arising from articles of consumption being in a ratio beyond that of population."
"War, indeed," it is added, "and untoward events may change this prospect of things, and call for expenses which the impulses could not meet. But sound principles will not justify our taxing the industry of our fellow citizens to accumulate treasure for wars to happen we know not when, and which might not perhaps happen but from the temptations offered by that treasure."
"Than this, no remark can be more true or important. It is founded on that jealous diffidence, which every free people should entertain of their government, which generally, actuated by the pride inseparable from the possession of great power, is too apt, particularly in its foreign measures, more to regard its own distinction than the happiness of the nation; and which from the facility furnished by redundant wealth is prone, on the slightest provocation, to embark the energies of the nation in wars, which in-
variably issue in disaster to the victorious as well as the vanquished party."
"To realize the fruits of these economical arrangements the President enforces an adherence to specific appropriations; a reduction of the undefined field of contingencies; a diminution of discretionary power over money; and the centring all accountability for money in a single department."
"It will be remarked that all these recommended provisions tend to diminish his undefined power, and that of officers dependant upon him."
"The spectacle is certainly, in modern times, a new; and in all times a noble one, of power, in the full place, divesting itself of attributes, which public men have in general been most attached to, whereby the mass of dependants has been increased, and the sphere of influence enlarged; and not satisfied with this, enforcing it upon the legislature as a duty still further to diminish executive power. Such a trait carried into practice, constitutes an encomium on the man who exhibits it more demonstrative of the integrity of his views, than the most unbounded professions. It demonstrates, that, by seeking no friends to support him, but the people, on them he places his entire reliance; and while it is the highest attestation of his purity of motive, it is the strongest memorial of the respect which he feels for the judgement of the nation."
"Influenced by a desire to conciliate the discordant sentiment of the community on the subject of the Navy, the President observes; "that a just attention to the circumstances of every part of the union will doubtless reconcile all;"—thereby, as well as by the remarks that follow, conveying an opinion, that where there exists a great diversity in the ideas of different parts of the union, intermediate measures should be pursued."
"He proceeds:— "Agriculture, manufactures, commerce and navigation, the four pillars of our prosperity, are then most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be reasonably interposed. If in the course of your observations or enquiries, they should appear to need any aid within the limits of our constitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration."
"Time has rendered these remarks, originally the result of profound reflection, familiar to the most common observation. However, for a day, national wealth may rise on the restraints of industry, the basis is soon found to be perishable, and the splendid edifice falls. This effect is necessarily the result of the liberal policy that imposes restrictions, which by making all other nations inimical eventually concentrates a union of force irresistible by the aggrieved power. The President seems to have been among the first to notice the great effects of peace upon our carrying trade; & with a solicitude which proves him its friend, has, among his first acts, attracted the attention of Congress to it; no doubt, under the impression that the evil, otherwise destined greatly to diminish our navigation, could only be averted by the removal of our countervailing duties. It will be seen, in the progress of this history, that this measure ought to have been adopted by Congress; and it will be seen that, from ignorance those who would have been most benefited by it were those who frustrated its adoption."
"After recommending a revision of the judiciary system, and a mitigation of the legal restraints opposed to an extension of the rights of citizenship, the President concludes his address:
"These, fellow citizens, are the matters respecting the state of the nation, which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communication, will be the subject of separate messages. I am happy in this opportunity of committing the arduous affairs of our government to the collected wisdom of the union. Nothing shall be wanting on my part to inform, as far as in my power, the legislative judgment; nor to carry that judgment into faithful execution. The prudence and temperance of your deliberations will promote within your own walls, that conciliation which to much betters rational conclusion; and by its example, will encourage among our constituents that progress of opinion which is tending to unite them in object and in will. That all should be satisfied with any order of things is not to be expected;
but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the general and state governments in their constitutional form and equilibrium; to maintain peace abroad and order and obedience to the laws at home; to establish principles and practice of administration favourable to the security of liberty and property, and to reduce expense to what is necessary for the useful purposes of government."
"It has been thought proper to be thus minute in presenting to prominent view this performance, from a conviction of its great importance. The structure of our government gives great, perhaps too great power, to the executive magistrate, in the exercise of which a field of discretion, in many respects, but faintly described, lies before him. What he may do is very distinct from what he ought to do. Much, therefore, depends upon the correctness of his views. To them, of course, we look with solicitude, as the key to his measures. They alone present in one general combined view the system he means to pursue, and of which his particular acts form detached parts."
"It had been hitherto usual with the executive highly to notice the events which had occurred during the recess, and to recommend such measures as it was deemed expedient that congress should adopt, without at the same time exhibiting in detail the information on which the recommendation was made. This was deferred frequently till advanced periods of the session, and, when received, came in a form so draughted, that much inconvenience had been experienced by the members who strove to obtain a correct and comprehensive view of public affairs. The inevitable effect had been the dependence in the early period of the session of the legislative body, which ought to be above all dependence except on the people, on the opinions of the President or the heads of departments. On these opinions, owing to the division of party, great reliance was reposed on one side, and but little on the other; and the spectacle to the nation of a co-ordinate department of the government, involved with the legislative duties of legislation, dependent for information, at every step it took, on the executive, was painful, inasmuch as it inverted the constitutional and rational order of things by making the legislature the instrument instead of the director of the executive."
"To put an end to this evil, the President, at the time he delivered his message, accompanied it with full details of whatever had been done by the executive, and of whatever elucidated the probable measures of the legislature. He, who considered information as the vital principle of a republic, and as the only safe substitute for confidence, dangerous even when reposed in the best of men, rejoiced to see copious stores of knowledge unfolded; which would enable the legislature to exercise with effect its salutary control on the executive department; and which would enable the people to exercise their still more salutary control on both."
(To be continued.)
CONGRESS.
HOUSE OF REPRESENTATIVES
Monday March 1, 1802.
DEBATE
On the bill received from the Senate, entitled "An act to repeal certain acts respecting the organization of the courts of the United States."
(Mr. Dana continued)
On such facts it may be asked why was the point in question so much avoided? Why was there this shunning, and changing from one to the other? Why all this dodging? Why all this confusion? Why give all this trouble about ascertaining facts, if they are doing right?
"The next objection is one which has been made by a gentleman from Virginia, (Mr. Randolph). I refer now to the gentleman who came forward assuming the humble style of a learner, and prayed to consider that the work must be done, and well done, on his coming to the encounter with his foe, and his throne, as if to evince the nature of his pious zeal, he afterwards (if I did not mistake his expressions) gave us to understand, that in a certain supposed case he would violate the constitution, unless sworn to support it, and then throw him-

the last article, section 3, clause 2. No person holding any office under the United States shall be a member of either House during his continuance in office. In the same article, section 3, clause 7. No person holding any office of profit or trust under the United States shall, without the consent of the Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince or foreign state. In article II. section 1. cl. 4. No person holding an office of trust or profit under the United States shall be appointed an elector. In article VI. clause 3. No religious test shall ever be required as a qualification to any office or public trust under the United States. Whenever the constitution speaks of holding an office, and mentions under whom, it is invariably mentioned as being held under the United States. The officers themselves are uniformly styled officers of the United States, and not of the President. In article II. section 2, clause 2. mention is made of judges and other officers of the United States. In the same article, section 3. the President shall commission all the officers of the United States. In article VI. clause 3. all executive and judicial officers both of the United States and of the several states shall be bound, by oath or affirmation, to support this constitution. The third article lays, the judges shall hold their offices during good behavior. And the second article lays, the executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years. If all offices are held under the President, under whom does he himself hold his office? As it respects the power under which their offices are held, the constitution speaks of the judges and of the president, in precisely the same terms. According to the manifest principles of the constitution, they all held their offices under the United States.
In England the principle is different. There every thing, every office, all landed property, public or private, is supposed to be held of and under the monarch, because he is regarded as the sovereign. There the doctrine of feudal tenure prevails; and, according to this, the whole realm is considered as held of the monarch. But it is a novel opinion, that, notwithstanding the express language of the constitution on this subject, the feudal prerogatives of the British monarch are to be adopted as the rule for construing the powers of the President of the United States. I had before supposed that the principle of tenure in this country, since the establishment of independence, was essentially different from that in England. I had supposed that the doctrine of allodial tenure was the true doctrine here, and that the landed proprietors in the United States were regarded, by our constitution and laws, as the lords of the soil. Such I know is the declared principle of tenure in one of the states. Is it to be now assumed as a rule of construction in this house, that the President of the United States, like the monarch of Great Britain, is clothed with sovereign power? Where then is the sovereignty of the United States?
The sovereign in this country is, not the President, but the great body of the citizens, the whole people of the United States. This is the import of the constitution. The result of the principle is, that all offices are held under the people, who have ordained a constitution, in order to establish justice, and have declared it to be their will, that the judges shall hold their offices by the tenure of good behavior. The first words in the constitution, 'We the people of the United States,' and every succeeding part of it, may be cited to prove, that all the powers of this government have originated from the people, and that the officers of those in power are all held under the people as sovereign.
Gentlemen have dwelt on the word services, as used in the constitution, with respect to the judges. To whom are these services to be rendered? Are they to be rendered to the President as feudal lord paramount? Or are they to be rendered to the United States, for the public good? Who's judges are they? By whose authority do they sit in judgment? In administering justice the judges of the United States render their services to the people.
In England the principle and language of the government are different. From the crown are supposed to be derived, power, honor, office and privilege. According to the feudal principle, the monarch was regarded as the general, the legislator, and the universal magistrate of the realm. Even to this day the style of acts of parliament has reference to the legislative powers of the crown. 'May it please your majesty, that it be enacted, and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords and commons in parliament assembled.' His majesty's army, his majesty's parliament, his majesty's judges, his majesty's officers, his majesty's revenue, the accustomed forms of language, all have reference to the feudal prerogatives of the monarch. Are gentlemen disposed to imitate all this with respect to the President? And must we now learn to say, the president's army, the president's judges, the president's officers?
If gentlemen are not prepared to go so far as this, the argument about the doctrine of tenure, which has been founded upon the supposed technical import of the term hold, must be given up. And, if they stop short of attributing sovereign power to the president, and should wish to avail themselves of the doctrine of subinfeudation, their British precedents utterly fail them; for it was the law of England, as early as the reign of Edward the first, that in cases of feoffment the feoffee should hold only of the chief lord of the fee, and has ever since been the law. Any idea of regarding the president as a sort of intermediate lord, therefore, is inadmissible in the present case.
Indeed the whole argument drawn from the practice under the British monarchy is inconclusive, even upon the principles of that government. It is contended in favor of the present bill, that the same power which can create a judicial office may destroy it at pleasure, and thereby deprive the judge of his fees. And that gentlemen would have it inferred, that the office of circuit judge, which was established by act of Congress, may be rightfully abolished by exacting the present bill. But the constitution has directed, that the judges of inferior courts, as well as those of the supreme court shall hold their offices during good behavior. Gentlemen, therefore, give to this part of the constitution a construction accommodated to their own purpose and lay, that it has reference solely to the president's power of appointing and removing officers, and not to the power by which offices may be established. This is the scope of the argument. Let us now try it according to English principle, on which the gentlemen so much rely for the support of their cause.
In England, according to Sir William Blackstone, the king is considered as the fountain of justice. The judicial authority has immemorally been exercised by the king or his substitutes. All jurisdiction of courts are, either mediately or immediately, derived from the crown. Of consequence, the judicial proceedings are held in his majesty's name, and all delegations of judicial authority are regarded as grants flowing from the royal prerogative. The whole of the royal prerogative is considered as a family estate, descendable to the heirs of the blood royal. It participates of the nature of an entertainment; and the monarch for the time being is accordingly regarded as having an estate in the prerogative but for his own life. It is too an acknowledged principle, that a person who has an estate only for his own life, cannot make a grant of any part of it which shall be valid for a longer time, if he should make a grant for the life of another, yet, upon his decease, the person next in expectancy becomes entitled to the whole estate. This idea serves to explain the doctrine that all judicial processes were abated and all commissions discontinued by the demise of the crown. These and other public inconveniences resulted from the principles that a reigning monarch has an estate in the prerogative but for his own life, and that he could not alienate any part of it to the prejudice of his lineal heirs. The interpolation of parliament was therefore esteemed requisite to enable the king to make grants or judicial authority, which should be valid after his decease.
Since that time, it has been the
settled principle, that the power by which the offices of the judges are established, cannot constitutionally abolish them during the life of the judges respectively, unless there should be a forfeiture by breach of the condition of good behavior. This gives to the judges a title to exercise judicial power, and to receive determinate salaries. But the provisions respecting the judges were not deemed sufficient; for the king, having an estate in the prerogative but for his own life, was not considered as having the power to make a valid grant of any part of the prerogative of his successors. A subsequent statute was therefore passed (1, Geo. 3, c. 23) in relation to the commissions and salaries of the judges. By this statute, provision was made, that the commissions of judges should be in full force during their good behavior, notwithstanding any demise of the crown, and that their salaries should be paid so long as the patents or commissions should continue in force; and the funds were designated out of which the salaries were to be paid after the king's demise.
The constitution of the United States was undoubtedly framed with a view to the provisions of the two statutes. But there is reason to believe, it was intended to give to the judges of the United States a greater liberty in office than it secured to the English judges. In England, according to both the statutes, any of the judges may be removed upon the address of both houses of parliament. The amount of his is, that the two houses of the legislature, together with the executive, may divest a judge of his office. There is no such provision in our constitution; but this omission did not result from inattention to the subject. From a message of the President of the United States, to the House of Representatives, in the year 1796, it appears, that he had deposited the journal of the general convention in the office of the department of state. The president referred the house to a vote which appeared on that journal respecting the power of treaties, and alluded to the facility of the smaller states under the constitution, which he considered as being the result of a spirit of mutual concession. On examining that journal, it is found that a motion was made in the convention to this effect, that the judges might be removed by the executive on application of the senate and house of representatives. On taking the question by states, the motion was expressly rejected. And yet, if the present bill should be passed by both houses of congress and presented to the president, is not this in principle and effect an application to the executive for the removal of the judges?
Evidence too may be found, which goes to disprove the doctrine that the tenure during good behavior has reference solely to the power of the president, with respect to appointments and removals. Among the documents deposited in the office of state, there is a printed draught of a form of government for the United States. From this, it appears, that the convention had agreed that the judges of the supreme court, in and be appointed by the senate, although they were to be commissioned by the president, and should hold their offices during good behavior. In this case, the terms during good behavior could not be intended to guard the judges against any supposed power of the president to remove, for he had not the power to appoint. These facts any member of this house may ascertain for himself at the office of state. They are decisive as to the opinion entertained by the general convention in '87, and prove it to have been the reverse of the construction now attempted to be given to the constitution.
Much has been said about the principle of responsibility, as if that could vindicate the passage of the present bill. The true principle on this subject, Sir, is that of personal responsibility. But where do the gentlemen find their doctrine of a collective responsibility? The president is personally responsible; but not the executive authority as such, for this is one of the three integral departments of government. The members of congress are personally responsible; but not the collective body. So the judges as individuals are responsible; but there is no such thing in the constitution, as a collective responsibility of the whole body of judges.
(To be continued.)
NOTICE. By virtue of a writ of fieri facias, issued out of the circuit court of the district of Columbia for the county of Washington, will be exposed to public sale on Wednesday the fourteenth day of July next, at R. D. & Co. City Tavern. The right, title and interest of HADY HOGAN, to one framed house to either with one moiety of lot No. 17, in square 377, on which the said house is built - one one feather bed, one pair sheets, bolster, pillows and coverlet. Taken as the property of The. J. Hogan, and sold to satisfy three executions in favor of Robert Brown. The sale to commence at eleven o'clock in the forenoon. Terms cash. DANIEL C. BRENT, Marshal. June 25, 1802.
WASHINGTON CITY.
FRIDAY, JUNE 25, 1802.
The legislature of the Mississippi territory which met on the 3d of May 1802, has passed an act establishing a college to bear the name of "Thomas Jefferson, President of the United States, and President of the American Philosophical Society."
They appointed on the 7th of May, as delegate to Congress, to supply the vacancy occasioned by Mr. Hunter's death, Thomas M. Green, who is represented to be a respectable, independent, and judicious farmer, warmly attached to the United States, and to the principles of the American revolution. We shall in our next paper insert governor Claiborne's communication to the legislature.
The Editor of the National Intelligencer is indebted to an obliging correspondent for the following information from St. Domingo.
A respectable character at the Cape writes, under date of the 12th June, that a malignant distemper continues to rage there, with such peculiar violence on individuals just arriving, that every one attacked died. The other parts of the colony were not subjected to it. M. Desperoux, the chief justice, represented to be a man of the most distinguished talents, and of eminent virtue, had allodged. Toussaint, with his staff, had been arrested by general Brunet, commandant at the Gonaives, and put on board a frigate momentarily expected at the Cape. Christophe had been ordered to repair to the Cape but had disobeyed the order. D. Malines, a black, was at the Cape, and the public opinion was in favor of naming him inspector of the citadel, as he was supposed to be a fit object of all men in the Island to reestablish good order among the negroes. The assembly of the landed proprietors had held their second session, and the new organization of the colony was expected to take place in a few days. No troops had arrived at the Cape.
DIED, in Georgetown, after a few days illness, on Tuesday evening last, in the 19th year of his age - Mr. Joshua Morrell, student of law and the young gentleman of James Morrell Esq. of Calvert county, Maryland.
The many amiable qualities of this young gentleman, endeared him to all who had the pleasure of his acquaintance. To an enlarged and discriminating mind, he united an uncommon ardor for the acquisition of every species of rational and useful knowledge, and a perseverance and industry in his studies, which gratified the most sanguine expectations of his friends as to his future usefulness and respectability in life. On Thursday his remains were conveyed to the Presbyterian burying ground in Georgetown, accompanied by a number of respectable citizens, to whom the Rev. Dr. Gantt delivered an appropriate address.
From Boston. The bill respecting a statue of general Washington, came down from the Senate, altered from bronze to marble, on motion of the hon. John Q. Adams. The question of concurrence was then taken, and lost by a great majority. The original question being then in order to be taken, and bronze to be inserted instead of marble, a warm and animated debate ensued, and the whole subject was referred to the next session, as we hear, by a majority of 14 members.
[From the Baltimore Telegraph.] The following letter and proclamation were last evening received at Bryden's coffee house, from a French gentleman lying off the Port, at quarantine, which has been translated for the Telegraph.
At the Fort of Baltimore, June 21, 1802.
There is an avenging God who punishes perfidy. The traitor, the coming villain, is at length in irons. Toussaint has been arrested at Georges plantation, of Gonaives district, the seventh of this month as well as his captain, guides, and seven companions of his crimes, by an officer named Ferrary, and five of his brave soldiers - all resistance became vain; they were seized bound hand and foot, mounted upon horses and conducted to Gonaives, where they were instantly embarked on board the Creole frigate. The correspondence of the villain has been discovered; he meditated new crimes. They were principally directed against the general in chief Le Clerc, his family and body guard. Toussaint is left ad-camp, arrested same day at the cape, and imprisoned, was charged with furnishing him details, and preparing a new conspiracy. The chief Sylla is actively engaged in countering his schemes; as supplies of all species of military stores, particularly gunpowder packed in flour barrels, were procured him by some persons of the Cape.
States, and which he was assured receiving by some traitorous means. A bloody enterprise! We may indeed claim with the poet - "Quid non mortalia pectora cogis, o sacra fames!" I annex the proclamation, signed by the general in chief, of an event so interesting to the human race, and the future prosperity of St. Domingo. It is impossible to describe the joy which this publication has produced amongst all the inhabitants of the Cape. In the evening all the city was voluntarily illuminated without public orders, and effigies representing this hypocritical tyrant, were burnt by the negroes in different places. I am with respect, &c. F. LECLART, Merchant and Planter of St. Domingo.
EXTRACT. EQUITY. ARMY OF ST. DOMINGO. The general in chief to the citizens of St. Domingo. General Toussaint not being contented with enjoying the amnesty which had been granted him, attempted again to kindle the flames of civil war. I have thought proper to cause him to be arrested. The proofs of his bad conduct since the amnesty, shall be extensively published. This measure which induces tranquility to the colony should by no means alarm those who have laid down their arms, and shall have submitted with good faith to the republic. At head quarters of the Cape, the 20th Prairial - 10th year of the republic. (Signed) LE CLERC. At the Cape at the office of P. Bouz, printer to the government, Place d'Armes.
Extract of a letter, dated Cape Francois, June 10. "I take this opportunity to inform you that the infamous Toussaint L'Ouverture has been arrested and put on board the French frigate Creole. After having obtained a pardon from the general in chief, he had refused to obey orders, and intended to revolt again. General Le Clerc commanded general Bennette to arrest Toussaint either dead or alive. By his prudence and zeal, this general secured the monster with Dessalines, Christophe, Jacquet, Toussaint, his commander of the Brigade, with 50 other bodies. Every thing proceeds well, and by the protection and policy of the government, we shall have this year a great quantity of produce, as the crops appear abundant. This town is rapidly rebuilding. Flour 13 dollars - July 5 per cent.
MIS JONES, First House west of the President's, Pennsylvania Avenue. HAS received in addition to her former stock, a elegant assortment of goods with the latest fashions - to be sold at the most reasonable prices. June 25, 1802.
Benjamin G. Ott, HAS just received from Philadelphia by expr. Hand, and now offers for sale at his store in 7th from street, in addition to his extensive assortment of liquors, groceries, &c. &c. Old and genuine Madeira } Wines. And Soterne } Hare's bell porter in bottles, English cheese, Rapper and maucha snuff, Fine flavored and fresh imperial, hyson, and young hyson tea, China mts for tea, and by the doz. As usual he has on hand flasks and herrings in barrels, of the best preservation and lowest prices; and hammer and cut nails of all sizes. June 25, 1802. ept
FOR SALE, A large quantity of Mahogany, sawed into different sizes to accommodate purchasers. Apply to the subscriber in Fairfax street, near the market, Alexandria. RALPH DOUGLAS, BEN. ADAMSON, Cabinet Maker and Joiner. Alexandria, June 12. rawjt
Twenty Dollars Reward. RAN away from the subscriber on the 4th inst. Negro BILL, he calls himself Billy Talley, he is a very brisk active lad about nineteen or twenty years of age, five feet 8 or ten inches high, his complexion of a yellowish cast, when he speaks chews his teeth very much, he has been bred up as a waiter, and is a very good one. The above reward will be given to any person who will deliver the said lad to the subscriber, or securing him in any manner so that he gets him again. FRANCIS M. HALL. Prince George's County, near Queen Ann, June 23, 1802. rawjt
District of Columbia, County of Washington By the Orphan's Court June 8, 1802. JOHN A. BURFORD and Hugh Deseley, having applied for letters of administration on the estate of William Clarke, late of the frigate President, deceased - it is ordered, That they give notice of their application by inserting a copy of this order once a week four successive weeks, in the National Intelligencer, and that letters issue to them, unless cause to the contrary be shown on or before the 13th day of July next. Test. JOHN HEWITT, Regr. June 26, 1802. 20241