The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-07-22 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCCXLI
FIVE DOLLARS PER ANNUM.
MONDAY, JULY 23, 1805.
PAID IN ADVANCE.
MR. FOX'S SPEECH CONCLUDED.
I need not remind this house, that the inhabitants of the north of Ireland had long been distinguished above every other part of the population by their superior industry, intelligence, and wealth, though it is notorious they were not equally remarkable for their attachment to English connection. Previous to the French revolution, the Catholics had no bonds of mutual union with this part of the Irish population. On the contrary, they were kept asunder by the striking contrariety of their religious creed. It was the French revolution that united these two heterogeneous bodies. It was a feeling of what they conceived common oppression that kept them together during the desperate struggle which the rebellion gave rise to. But, sir, this is not the only view of the case to be taken into consideration. The house cannot have forgot the circumstances of lord Fitzwilliam's administration. Did he not hold out to the Catholics of Ireland the prospect of complete and absolute emancipation? I know a doubt was started how far he was authorised by the ministers here to give such a pledge to the Catholics. Without now entering on the discussion of this point, it is sufficient to say, that the lord lieutenant of that day, after having made this pledge, was recalled, and that a motion for following up that pledge, was lost in this house. The Catholics, upon seeing all their hopes frustrated, all their best founded expectations disappointed, were doubtless exasperated in no ordinary degree. Was it nothing, sir, that a pledge so solemnly given was neglected? Was it not natural that high expectations disappointed, terminated in despondency, and that this feeling suggested the unfortunate idea of connexion with France, which at no former period of the last century had existed? We are told, however, in all probability with the view of aggravating the guilt of the Catholics, and veiling the criminality of the ministers of that day, that the inquiries of the Irish Parliament fully proved the Catholics to be bent on absolute separation, and that they regarded Catholic emancipation, and reform in Parliament, as nothing better than a drop of ink compared with their more extended object. This is all true, but is it the whole of what these inquiries brought to light? Did it not at the same time appear, that these same persons who made this declaration, at the same time confessed, that if Catholic emancipation, and a reform in Parliament had been granted, then all prospect of successful insurrection would have been destroyed? They knew the effect of conciliatory measures, and they dreaded their application. They were sensible that if these measures were well applied, it would be quite ridiculous to think of detaching the feelings of the people of Ireland from their connexion with this country. It is perfectly understood that the Catholics had the highest hopes from the assurances & pledge of earl Fitzwilliam, & if disastrous consequences followed the dereliction of that pledge, let those who occasioned it answer for the consequences. But how do the Catholics, after thus being duped and betrayed, stand, after the measure of union was carried, in a great measure by their assistance? On every side they are injured and calumniated; on the one hand by the ministry, who held out hopes only to disappoint them, and on the other by those who oppose the union, as having betrayed the interests and surrendered the liberties of their country. It was not, sir, on light grounds that the Catholics hoped, under the Imperial Parliament, for the concession of all the claims which a local legislature had refused to acknowledge. A learned gentleman on the other side of the house (Mr. Duigenan) had written a letter to an honorable friend of mine, whom I am happy to see near me, in which, alluding to the measure of a legislative union, he argues that if such a measure were accomplished, all exclusive laws and restrictions would of necessity be abolished. I need not inform the house that the learned gentleman to whom I have alluded was, in the Parliament of Ireland, particularly hostile to the claims of the Catholics, and conceived that the only way in which they could ever be acceded to, was through the medium of that legislative union which he was so desirous of seeing adopted. I put it then, in fairness to the house, whether, when this measure was carried, the Catholics had not every reason to believe that their claims would meet with immediate attention? These just expectations have, for several years, been disregarded, and it certainly had become the duty of some member to bring the matter fairly under discussion. Happily this disagreeable mode of pro-
ceeding has been rendered unnecessary by the course which the Catholic body themselves, after mature deliberation, have thought it expedient to adopt. They have come forward with a loyal, dutiful, and temperate address, representing the nature and extent of their claims, and fairly submitting them to the attention of the legislature. They have conducted themselves with a propriety which places their loyalty and love of good order above all sort of suspicion, avoiding all insurrection, and discouraging all tumult—they have left the whole of the affair to the sober determination of Parliament. Coming then to the discussion of the claims of so great and respectable a body thus presented, I hope and trust these claims will be fully and attentively considered. In the course of the observations with which I have thought it necessary to introduce my motion, I have hitherto avoided taking any notice of certain mysterious insinuations that it was needlessly to agitate the question at the present moment, since it was impossible from an objection in a very high quarter, that the object in view could be obtained. Before I sit down, I must say a few words on this topic, that to grant the claims of the Catholics would oblige his majesty to violate his coronation oath. This is an idea utterly mon- strous and absurd. I only desire, that any man will look at the coronation oath, and I am confident, he will see that no such conclusion can be drawn, as that some individuals wish to consider as the necessary result of the measure of emancipation. If we were to suppose king William alive at this moment, and the very acts in question were to be repealed, would that be a violation of his coronation oath, to repeal acts which were not framed when his coronation oath took place? What then could king William have done by consenting to the repeal? Why, he would only have done what every sovereign in this country is bound to do—he would merely have bowed to the express wishes of Parliament. The same principle applies to the present sovereign, who had always shown himself ready to accede to the wishes of his Parliament. If the concession of the Catholic claims now be a violation of the coronation oath, then all the concessions in 1793, and at former periods, implied an equally clear violation. I cannot then allow this objection to have any force; nor can I at all go into the idea, that because there is no prospect of carrying a measure, it is not on that account to be proposed. If such a principle had been acted upon then, not one of those measures, the beneficial effects of which we feel this day, not one of those acts, which have illustrated and secured our liberties, would have been carried. For surely, sir, it is needless to impress on your attention, and the attention of the house, that almost every great constitutional measure has been carried through Parliament only after severe and successive exertions. I shall ever be the first man to support his majesty's lawful authority, but I will not suffer the name of that authority to be improperly or indecently introduced to prevent full and fair discussion on a subject of the most interesting that could be submitted to the consideration of Parliament. He who would advise the king to do an act contrary to his coronation oath, must be a traitor; but those who, on a subject of this sort, attempt to poison the royal ear, and by false representations create impressions unfavorable to the Catholic claims, flatter the sovereign only to betray him. No consideration of this mysterious nature ever shall deter me from the performance of what I conceive to be a great and important duty. The object of the motion with which I shall conclude is then, that the petition of the Catholics be referred to a committee of the whole house, and it will then become an object of consideration, whether the whole or any part of the petition is to be conceded. There are two or three circumstances which to me appear peculiarly worthy of the consideration of the committee, if it should be granted to the house. The circumstances under which Roman Catholics in the army were placed, would call for peculiar investigation. As the law now stood, Roman Catholic officers could, up to a certain rank exercise all their duties in Ireland without any penalty; but no sooner did they set their foot in this country and exercise the same duties, than the law of Provisos was in force against them. This then is surely an evil which loudly calls for redress. The case of the common soldiers too demands attention, for in many cases Catholic soldiers were in this country compelled to attend Protestant places of worship, and though complaints were made, no redress was obtained. I mention
these circumstances as affording specific grounds for going into the committee, where they may be fully considered. I know there are gentlemen who are disposed to grant the right of the Catholics to offices, who think that the right of voting in either house of Parliament would be attended with the utmost danger. Others, on the contrary, think that it would not be safe to admit them to the exercise of these high offices, but that their admission into Parliament would not only be harmless, but highly beneficial. On both classes of gentlemen I call to support my proposition, for both have grounds sufficient for going to a full investigation of the subject. Independent of all principles of justice, there is a strong call of policy in agreeing to the claims of the petitioners. We have been employed a considerable time both in the last and present session in discussions on the best means of recruiting the army. Without at all disparaging the views of my right honorable friend on the same bench (Mr. Windham,) I must be allowed to say, that neither parish bills enlisting men for time or procuring them for rank—neither volunteering from the Militia, nor any other plan for increasing our disposable force hitherto recommended or resorted to, would be half so effectual as the simple measure of the emancipation of the Catholics of Ireland. We should then receive an immediate and immense augmentation of men in consequence of an act of benignity and justice. We know the character of the Irish nation, and we are not without the experience of what may be expected from the warmth of their feelings, and the liveliness of their gratitude. We are now contending against France, certainly a most formidable enemy. But what is it that we have chiefly to dread in this contest? Is it, sir, French industry, wealth, commerce, or resources? No, but it is the immense population of France which renders her so dangerous a foe. How then are we to counteract this danger? We have a clear method laid before us. We have only to recall to our affection one fourth of our population and to render that the source of our strength which was now only an addition to our weakness. Let us then banish all seeds of animosity. Let us shew the catholic soldier and sailor, that the road to honor is alike laid open to all, and that he who fights our battles well, shall find no distinction of reward from a grateful country. Mr. Fox concluded by proposing to resolve into a committee on the petition, as soon as he sat down.
TO LET,
A HOUSE near the Navy Yard in an excellent stand either for Dry Good or Grocery store. For terms apply to the subscriber near the premises.
GUSTAVUS HIGDON.
July 19—3t
ENTERTAINMENT
FOR Man and Horse.
THE subscriber takes this method to inform the public, and particularly those travelling to the City of Washington, that he has opened a house of entertainment opposite the Branch Bank of the United States, where travellers shall be well accommodated on the most reasonable terms.
THOMAS THORPE.
July 3—1awtf.
FOR SALE,
ONE HUNDRED ACRES OF LAND, in a healthy situation near Hugh's bridge on Rock Creek, and near also to Mr. Leonard Jones's and Charles Jones's mills. It is about eight miles from George Town, from whence there is a good road. If not sold at private sale before the 10th of August next, it will be on that day exposed to public sale on the premises if fair, if not on the next fair day.
Mr. Wm. Carroll on Rock Creek will shew the land and give any information to persons wishing to purchase.
ROBERT BRENT.
Washington, July 17—w2to Aug.
Runaway Negro.
WAS committed to the jail of Frederick county, Maryland, on the 19th day of May last past, as a runaway, a negro man named JIM, who says he is the property of a certain John Chew Thomas. He is about 23 years of age, five feet three inches high; has thick lips and long wool. His left hand and wrist have been considerably injured by a wagon. His clothes are, a striped gingham sailor jacket, a fowndown waistcoat, white calico small clothes, woollen stockings, an old fur hat, and a mulin shirt. His owner is desired to release him, or he will be sold for his jail fees agreeably to law.
GEORGE CREAGER, Sheriff of Frederick County.
June 12th—1805—13w8w.
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY 23.
MR. MARTIN.
MR. PRESIDENT,
DID I only appear in defence of a friend, with whom I have been in habits of intimacy for nearly thirty years, I should feel less anxiety on the present occasion, though that circumstance would be a sufficient inducement; but I am, at this time, actuated by superior motives. I consider this cause not only of importance to the respondent and his accusers, but to my fellow citizens in general, (whose eyes are now fixed upon us,) and to their posterity, for the decision at this time will establish a most important precedent as to future cases of impeachment.
In the discussion of this cause, I fear I shall occupy a greater portion of your time than I could wish, but, as the charges are brought forward by such high authority as the House of Representatives of the United States, it becomes necessary to bestow upon them more attention than they would deserve, were they from a less respectable source.
We have been told by an honorable manager, (Mr. Campbell) that the power of trying impeachments was lodged in the Senate with the most perfect propriety; for two reasons—the one, that the person impeached would be tried before those who had given their approbation to his appointment to office. This certainly was not the reason by which the framers of the constitution were influenced, when they gave this power to the Senate. Who are the officers liable to impeachment? The President, the Vice-President, and all civil officers of government. In the election of the two first, the Senate have no control, either as to nomination or approbation. As to other civil officers, who hold their appointments during good behavior, it is extremely probable, that, though they were approved by one Senate, yet from lapse of time, and the fluctuations of that body, an officer may be impeached before a Senate, not one of whom had sanctioned his appointment, not one of whom, perhaps, had he been nominated after their election, would have given him their sanction.
This, then, could not have been one of the reasons for thus placing the power over these officers. But as a second reason, he assigned, that, if any other inferior tribunal had been entrusted with the trial of impeachments, the members might have an interest in the conviction of an officer, thereby to have him removed, in order to obtain his place; but, that no Senator could have such inducement. I, sir, disclaim, I hold in contempt the idea, that the members of any tribunal would be influenced in their decision by so unworthy, so base a motive; but what is there to prevent this Senate, more than any other court, from being thus influenced? Is there any thing to prevent any member of this Senate, or any of their friends, from being appointed to the office of any person removed by their conviction?
I speak not from any apprehension I have of this honorable court. In their integrity I have the greatest confidence. I have the greatest confidence they will discharge their duty to my honorable client with uprightness and impartiality. I have only made these observations, to shew, that the reasons assigned by the honorable manager for vesting the trials of impeachment in the Senate, are fallacious?
I see two honorable members of this court, [Messrs. Dayton and Baldwin] who were with me in the convention, in 1787, who as well as myself, perfectly know why this power was invested in the Senate. It was, because, among all our speculative systems, it was thought this power could no where be more properly placed, or where it would be less likely to be abused. A sentiment, sir, in which I perfectly concurred; and I have no doubt, but the event of this trial will shew that we could not have better disposed of that power.
Let us now, sir, examine the constitution on the subject of impeachments, and from thence learn, in what cases, and in what only, impeachments will lie. To have correct sentiments on this subject, is of infinite importance. An error here, would be like what is called, an error in the first conception, and would pervade the whole system.
By the constitution, it is declared, that "the House of Representatives shall have the sole power of impeachment." That section, however, does not declare in what cases the power shall be exercised. This is designated in a subsequent part of the constitution, and I shall contend, that the power of impeachment is confined to the persons mentioned in the constitution, namely, "the President, Vice-President, and all other civil officers."
Will it be pretended, for I have heard such a suggestion, that the House of Representatives have a right to impeach every citizen indiscriminately? For what shall they impeach them? For any criminal act? Is the House of Representatives, then, to constitute itself into a Grand Jury to receive information of a criminal nature, against all our citizens, and thereby to deprive them of a trial by jury? This was never intended by the constitution.
The President, Vice-President, and other civil officers, can only be impeached. They only in that case are deprived of a trial by jury; they, when they accept their offices, accept them on those terms, as far as relates to the tenure of their offices, relinquish that privilege; they, therefore, cannot complain. Here it appears to me, the framers of the constitution have so expressed themselves as to leave not a single doubt on this subject.
In the first article, section the third, of the constitution, it is declared, that judgment, in all cases of impeachment, shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under the United States. This clearly evinces, that no persons but those who hold offices are liable to impeachment. They are to lose their offices; and, having misbehaved themselves in such manner as to lose their offices, are, with propriety, to be rendered ineligible thereafter.
The next question of importance, is, in what cases the House of Representatives have a right to impeach the President, the Vice-President, and the other civil officers?
It has been said, that a judge cannot be indicted for the same crime, for which he may be impeached: for, says the honorable manager, (Mr. Campbell,) it would introduce the absurdity, that a person might be twice punished for the same crime.
This honorable court will observe, that the two punishments, which may here be inflicted on impeachment and subsequent indictment, amount to no more than in England takes place on a single prosecution; for there, on a single conviction, a judge may be removed from office, and also fined, imprisoned, or otherwise punished, according to the nature of his offence. But the whole of this power the United States have not vested in the same body. To the Senate they have confined the punishment of removal from office, and disqualification of the person from holding offices in future; but can there be a single doubt that a person, by impeachment, removed from office, cannot afterwards, according to the nature of his crime, be punished by indictment? Can gentlemen suppose a removal from office was intended to wash away all crimes the officer should have committed? What are the crimes for which an officer can be impeached? "Treason, bribery, and other high crimes and misdemeanors."
Suppose a judge removed from office, by impeachment, for treason, would that wash away his guilt? would he not afterwards be liable to be indicted, tried and punished as a traitor? Undoubtedly he would, so in the case of bribery. Yet, if the gentleman's idea is correct, a removal from office on impeachment, for either of those crimes, would free the officer from any other punishment. Consider the monstrous consequences which would result from the principle suggested by the managers, that a judge is only removable from office on account of crimes committed by him as a judge, and not for those, for which he would be punishable as a private individual! A judge, then, might break open his neighbor's house and steal his goods;—he might be a common receiver of stolen goods; for these crimes, he might be indicted, convicted and punished, in a court of law; but yet he could not be removed from office, because the offence was not committed by him in his judicial capacity, and because he could not be punished twice for the same offence.
The truth is, the framers of the constitution, for many reasons which influenced them, did not think proper to place the officers of government in the power of the two branches of the legislature, further than the tenure of their office. Nor did they choose to permit the tenure of their offices to depend upon the passions or prejudices of parties. The very clause in the constitution, of itself, shews that it was intended the persons impeached and removed from office might still be indicted and punished for the same offence, else the provision would have been not only nugatory, but a reflection on the enlightened body who framed the constitution; since no person ever could have dreamed that a conviction on impeachment and a removal from office, in consequence, for one offence, could prevent the same person from being indicted and punished for another and different offence.
I shall now proceed in the enquiry, for what can the President, Vice President, or other civil officers, and consequently, for what can a Judge, be impeached? And I shall contend that it

must be for an indictable offence . The words of the constitution are, that "they shall be liable to impeachment for treason, bribery, or other high crimes and misdemeanors."
There can be no doubt but that treason and bribery are indictable offences . We have only to enquire then, what is meant by high crimes and misdemeanors . What is the true meaning of the word " crime ?" It is the breach of some law, which renders the person, who violates it liable to punishment.—There can be no crime committed where no such law is violated. The honorable gentleman to whom I before alluded, has cited the new addition of Jacob's Law Dictionary; let us then look into that authority for the true meaning of the word " misdemeanor ." He tells us
" Misdemeanor , or misdemeanour , a crime less than felony. The term misdemeanor is generally used in contradistinction to felony, and comprehends all indictable offences, which do not amount to felony, as perjury, libel, contempt of court, assaults, &c. see 4 Comm. l. 1. p. 5."
"A crime or misdemeanor, says Blackstone, is an act committed or omitted in violation of a public law, either forbidding or commanding it.—This general definition comprehends all crimes and misdemeanors, which properly speaking are mere violations of law; though in common usage, the word crime is made use of, to denote such offences as are of a deeper and more atrocious dye; while smaller faults, and omissions of less consequence, are comprised under the gentle name of misdemeanors only."
"In making the distinction between public wrongs and private, between crimes and misdemeanors, and civil injuries, the same author observes, that public wrongs, or crimes and misdemeanors are a breach and violation of the public rights and duties, due to the whole community, considered as a community in its social aggregate capacity." 4 Comm. 5.
Thus it appears, crimes and misdemeanors are the violation of a law, exposing the person to punishment; and are used in contradistinction to those breaches of law, which are mere private injuries, and only entitle the injured to a civil remedy.
Blackstone's Commentaries, 4 vol. p. 5. is cited by Jacob, and is as there stated, I shall not turn to it. Hale, in his Pleas of the Crown, vol. 1, in his Præmium , which is not paged, speaking of the division of crimes, says,
"Temporal crimes, which are offences against the laws of this realm, whether the common law or acts of Parliament, are divided into two general ranks or distributions in respect to the punishments that are by law appointed for them, or in respect of their nature or degree; and thus they may be divided into capital offences or offences only criminal, or rather, and more properly into felonies & misdemeanors. And the same distributions to be made touching misdemeanors, namely they are, such as are so by the common law, or such as are specially made punishable, as misdemeanors by acts of Parliament."
Thus then it appears, that crimes and misdemeanors are generally used as synonymous expressions, except that "crimes," is a word frequently used for higher offences . But while I contend that a judge cannot be impeached except for a crime or misdemeanor, I also contend that there are many crimes and misdemeanors for which a judge ought not to be impeached, unless immediately relating to his judicial conduct. Let us suppose a judge, provoked by insolence, should strike a person; this certainly would be an indictable offence , but not an impeachable offence . The offence for which a judge is liable to impeachment, must not only be a crime or misdemeanor but a high crime or misdemeanor. The word " crime " as distinguished from misdemeanor, is applied to offences of a more aggravated nature, the word " high ," therefore, must certainly equally apply to misdemeanors as to crimes. Nay, sir, I am ready to go further, and say, there may be instances of very high crimes and misdemeanors, for which an officer ought to be impeached, and removed from office; the crimes ought to be such as relate to his office, or which tend to cover the person, who committed them, with turpitude and infamy ; such as shew there can be no dependence on that integrity and honor which will secure the performance of his official duties.
But we have been told, and the authority of the state of Pennsylvania has been cited, by one hon. manager (Mr. Reaney) in support of the position, that a judge may be impeached, convicted, and removed from office, for that which is not indictable , for that which is not a violation of any law!
What, sir, can a judge be impeached and deprived of office, when he has done nothing which the laws of his country prohibited? Is not deprivation of office a punishment? Can there be punishment inflicted where there is no crime? Suppose the House of Representatives thought fit to convict, doth that change the law? No, the law can only be changed by a bill brought forward by one House in a certain manner, assented to by the other, and approved by the President. Impeachment and conviction cannot change the law, and make that punishable which was not before criminal .
This is true, it often happens, that the good of the community, requires that laws should be passed, making criminal and exposing to punishment conduct, which antecedently was not punishable; but even in those cases, government has no power to punish acts antecedently done; it can only punish those acts done
after the enactment of the law. The constitution has declared, "no ex post facto law shall be passed."
Should such a principle be once admitted or adopted, could the officers of government ever know how to proceed? Admit that the House of Representatives have a right to impeach for acts which are not contrary to law, and that thereon the Senate may convict, and the officer be removed, you leave your judges and all your other officers at the mercy of the prevailing party. You will place them much in the unhappy situation as were the people of England during the contest between the white and red roses, while the doctrine of constructive treasons prevailed. They must be the tools or the victims of the victorious party.
I speak not, sir, with a view to censure the principles or the conduct of any party, which hath prevailed in the U. States since our revolution, but I wish to bring home to your feelings what may happen at a future time. In republican governments there ever have been, there ever will be a conflict of parties. Must an officer, for instance a judge, ever be in favor of the ruling party, whether wrong or right? Or looking forward to the triumph of the minority, must he, however improper their views, act with them? Neither the one conduct or the other is to be supposed but from a total dereliction of principle. Shall then a judge, by honestly performing his duty, and very possibly thereby offending both parties, be made the victim of the one or the other, or perhaps of each, as they have power? No, sir, I conceive that a judge should always consider himself safe while he violates no law, while he conscientiously discharges his duty, whomsoever he may displeasure thereby.
But an hon. manager (Mr. Campbell) hath read to us an authority to prove, that a judge cannot in England be proceeded against by indictment for violation of his official duties but only in Parliament, or by impeachment; his authority was the new edition of Jacob's Law Dictionary. Let me be indulged with reading to this hon. court the case from 12 Coke, the case of Floyd and Barker, to which Jacob refers, and it will be found that the reasons there assigned, however correct they might be as to Judges in England, can have no possible application to the Judges of the United States: [Here Mr. Martin read the following part of the third resolution in that case, to wit:]
"It was resolved that the said Barker who was judge of assise, and gave judgment on the verdict upon the said W. P. and the sheriff who did execute him according to the said judgment, nor the justices of peace who did examine the offender, and the witnesses for proof of the murder before the judgment, were not to be drawn in question, in the Star-chamber, for any conspiracy; nor any witness, nor any other person ought to be charged with any conspiracy in the Star-chamber, or elsewhere, when the party indicted is convicted or attain of murder or felony and although the offender upon the indictment was acquitted, yet the judge, be he judge of assise, or a justice of peace, or any other judge by commission and of record, and sworn to do justice, cannot be charged for conspiracy for that which he did openly in court as judge or justice of peace: and the law will not admit any proof against this vehement and violent presumption of law, that a justice sworn to do justice, will do injustice, but if he hath conspired before, out of court, this is extrajudicial, but due examination of causes out of the court, and enquiring by testimony, and similar, is not any conspiracy; for this he ought to do; but subornation of witnesses, and false and malicious prosecutors, out of court, to such whom he knows will be indictors, to find any guilty, &c. amounts to an unlawful conspiracy."
"And as a judge shall not be drawn in question in the cases aforesaid, at the suit of the parties, no more shall he be charged in the said cases before any other judge at the suit of the king."
"And the reason and cause why a judge, for any thing done by him as judge, by the authority which the king (concerning his justice) shall not be drawn in question before any other judge, for any surmise of corruption, except before the king himself, is for this; the king himself is de jure to deliver justice to all his subjects; and for this, that he himself cannot do it to all persons, he delegates his power to his judges, who have the custody and guard of the king's oath."
"And forasmuch, as this concerns the honor and conscience of the king, there is great reason that the king himself shall take account of it, and no other."
But, even in England it has been solemnly determined, that judges may be proceeded against by indictment for the violation of the laws in their official conduct, for which I refer this honorable court to Viner's abridgment, 14th vol. page 579, (F) pl. 3, and in notes, where he says,
"A justice cannot raise a record, nor impanel a jury, nor file an indictment which is not found, nor give judgement of death where the law does not give it, but if he doth this it is misprision and he shall lose his office, and shall make fine for misprision." In the note "Brooke, Coron. pl. 173 cites 2 R. 3, 9, 10. S. C. and P. and that he shall be indicted , and arraigned."
And to Hawkins's pleas of the crown, vol. 1st, chap. 69, 6, where that author tells us,
"It is said, that at common law, bribery in a judge, in relation to a cause depending before him, was looked upon as an offence of so heinous a nature, that it was sometimes punished as high treason, before the 25th Ed. III. and at this day it certainly is a very high offence,
and punishable, not only with the forfeiture of the offenders office of justice, but also with fine and imprisonment, &c."
Mr. President, the principle I have endeavoured to establish, is, that no judge or other officer can, under the constitution of the United States, be removed from office but by impeachment and for the violation of some law , which violation must be, not simply a crime or misdemeanor, but a high crime or misdemeanor.
[TO BE CONTINUED.]
CONSTITUTION OF HAYTI, Translated for the Mercantile Advertiser.
WE H. Christophe, Clervaux, Vernet, Gabart, Pétion, Gessard, Toussaint Brave, Raphaël, Romain, Latonerie, Capoix, Magny, Daut, Conge, Magloire Ambrose, Yoyou, Jean Louis François, Gerin, Moreau, Fervu, Bazedeais, Martial Fesse;
As well in our own name as in that of the people of Hayti, who have legally constituted us faithful organs and interpreters of their will; in presence of the Supreme Being, before whom all mankind are equal, and who has distributed so many species of creatures on the surface of the earth for the purpose of manifesting his glory and his power by the diversity of his work: In the presence of all nature by whom we have been so long a time considered as outcast children;
Declare that the tenor of the present constitution is the spontaneous and inviolable expression of our hearts and the general will of our constituents; and we submit to the sanction of His Majesty the Emperor, JACQUES DESSALINES, our delivery, to receive its speedy and entire execution.
PRELIMINARY DECLARATION. ART. 1. The people inhabiting the island formerly called St. Domingo, hereby agree to form themselves into a free state, sovereign and independent of any other power in the universe, under the name of Empire of Hayti.
2. Slavery is forever abolished. 3. The citizens of Hayti are brothers at home, equality in the eye of the law is incontestably acknowledged; and there cannot exist any titles, advantages or privileges, other than those necessarily resulting from the consideration and reward of services rendered to liberty and independence.
4. The law is the same to all, whether it punishes, or whether it protects.
5. The law has no retroactive effect.
6. Property is sacred, its violation shall be severely prosecuted.
7. The quality of citizen of Hayti is lost by emigration and naturalization in foreign countries, and by condemnation to corporal or disgraceful punishments. The first carries with it the punishment of death and confiscation of property.
8. The quality of citizen is suspended in consequence of bankruptcies and failures.
9. No person is worthy of being a Haytian who is not a good father, a good son, a good husband, and especially a good soldier.
10. Fathers and mothers are not permitted to disinherit their children.
11. Every citizen must possess a mechanic art.
12. No white man, of whatsoever nation he may be, shall put his foot on this territory with the title of master or proprietor, neither shall he in future acquire any property therein.
13. The preceding article cannot in the smallest degree affect white women who have been naturalised Haytians by government, nor does it extend to children already born or that may be born of the said women. The Germans and Poles naturalised by government are also comprised in the dispositions of the present article.
14. All acceptance of colour among the children of one and the same family, of whom the chief magistrate is the father, being necessarily to cease, the Haytians shall henceforward be known only by the general appellation of Blacks.
OF THE EMPIRE. 15. The Empire of Hayti is one and indivisible. Its territory is distributed into six military divisions.
16. Each military division shall be commanded by a general of division.
17. These generals of division shall be independent of one another, and shall correspond directly with the emperor or with the general in chief appointed by his majesty.
18. The following islands are integral parts of the empire; viz. Samana, La Porte, La Gonaiwe, Les Cayemites, La Saone, L'Isle-a-Vache, and other adjacent islands.
OF THE GOVERNMENT. 19. The government of Hayti is entrusted to a first magistrate, who assumes the title of emperor and commander in chief of the army.
20. The people acknowledge for emperor and commander in chief of the army, JACQUES DESSALINES, the avenger and deliverer of his fellow citizens. The title of majesty is conferred upon him, as well as upon his august spouse the empress.
21. The person of their majesties is sacred and inviolable.
22. The state will appropriate a fixed annual allowance to her majesty the empress, which she will continue to enjoy even after the decease of the emperor, as princess dowager.
23. The crown is elective, not hereditary.
24. There shall be assigned by the state an annual income to the children acknowledged by his majesty the emperor.
25. The male children acknowledged by the Emperor shall be obliged, in the
same manner as the other citizens, to pass successively from grade to grade, with this only difference, that their entrance into service shall begin at the fourth demi brigade, from the period of their birth.
26. The Emperor designates, in the manner he may judge expedient, the person who is to be his successor either before or after his death.
27. A suitable provision shall be made by the state to that successor from the moment of his accession to the throne.
28. The emperor, and his successors, shall, in no case and under no pretext whatsoever, have the right of attaching to their persons any particular or privileged body, whether as guards of honor, or under any other denomination.
29. Every successor deviating from the dispositions of the preceding article, or from the principles consecrated in the present constitution, shall be considered and declared in a state of warfare against the society.
In such a case, the counsellors of state will assemble in order to pronounce his removal, and to cause one among themselves who shall be judged the most worthy of replacing him; and if it should happen that the said successor oppose the execution of this measure authorised by law, the generals counsellors of state shall appeal to the people and the army, who will immediately give their whole strength and assistance to maintain liberty.
30. The emperor makes, seals, and promulgates the laws; appoints and revokes, at will, the ministers, the general in chief of the army, the counsellors of state, the generals and other agents of the empire, the land and sea officers, the members of the local administrations, the commissaries of government near the tribunals, the judges, and other public functionaries.
31. The Emperor directs the receipts and expenditures of the State, surveys the Mint, of which he alone orders the emission, and fixes the weight and the model.
32. To him alone is reserved the power of making peace or war, to maintain political intercourse, and to form treaties.
33. He provides for the interior safety and for the defence of the state; and distributes at pleasure the sea and land forces.
34. In case of conspiracy manifesting themselves against the safety of the state, against the Constitution, or against his person, the Emperor shall cause the authors or accomplices to be arrested and tried before a special Council.
35. His Majesty has alone the right to absolve a criminal or to commute his punishment.
36. The Emperor shall never form any enterprise with the view of making conquests, nor to disturb the peace and the interior administration of foreign colonies.
37. Every public act shall be made in these terms:
"The Emperor I. of Hayti, and Commander in Chief of the Army by the grace of God and the Constitutional law of the state."
Of the Council of State.
31. The Generals of division and of brigade, are of right members of the Council of State, and they compose it.
Of the Ministers.
39. There shall be in the empire two ministers and a Secretary of State. The minister of finances having the department of the interior, and the minister of war having the marine department.
40—44. [Interior regulations respecting the ministry.]
Of the Tribunals.
45. No one can interfere with the right which every individual has of being judged amicably by arbitrators of his own choosing, whose decisions shall be acknowledged legal.
46. There shall be a justice of peace in each commune. Any suit amounting to more than one hundred dollars shall not come within his cognizance. And when the parties cannot conciliate themselves at his tribunal, they may appeal to the tribunals of their respective districts.
47. There shall be six tribunals established in the cities hereafter designated, viz. at St. Marc, at the Cape, at Port-au-Prince, Aux-Cayes, L'Anse-a-Vaux, and Porte-de-Paix. The Emperor determines their organisation, their number, their competence and the territory forming the district of each. These tribunals take cognizance of all affairs purely civil.
48. Military crimes are submitted to special councils and to particular forms of judgment.
49. Particular laws shall be made for the national transactions, and respecting the civil officers of the state.
Of Worship.
50. The law admits of no predominant religion.
51. The freedom of worship is tolerated.
52. The state does not provide for the maintenance of any religious institution, nor of any minister.
Of the Administration.
53. There shall be in each military division a principal administration, whose
organisation and inspection belong essentially to the minister of finances.
General Dispositions.
Art. 1. To the Emperor and Empress belong the choice, the salary, and the maintenance of the persons composing their court.
2. After the decease of the reigning Emperor, when a revision of the constitution shall have been judged necessary, the council of state will assemble for that purpose, and shall be presided by the oldest member.
3. The crimes of high treason, the delapidations of the ministers and generals, shall be judged by a special council, called and presided by the Emperor.
4. The armed force is essentially obedient, no armed body can deliberate.
5. No person shall be judged without having been legally heard in his defence.
6. The house of every citizen is an inviolable asylum.
7. It cannot be entered but in case of conflagration, inundation, reclamation from the interior, or by virtue of an order from the Emperor, or from any other authority legally constituted.
8. He defers death who gives it to his fellow.
9. Every judgment to which the pain of death or corporal punishment is annexed, shall not be carried into execution until it has been confirmed by the Emperor.
10. Theft shall be punished according to the circumstances which may have preceded, accompanied, or followed it.
11. Every foreigner inhabiting the territory of Hayti shall be equally with the Haytians, subject to the correctional and criminal laws of the country.
12. All property which formerly belonged to any white Frenchman, is confiscable and of right confiscated to the use of the state.
13. Every Haytian, who, having purchased property from a white Frenchman, may have paid part of the purchase money stipulated in the act of sale, shall be responsible to the domains of the state for the remainder of the sum due.
14. Marriage is an act purely civil, & authorised by the government.
15. The law authorises divorce in all cases which shall have been previously provided for and determined.
16. A particular law shall be issued concerning children born out of wedlock.
17. Respect for the chiefs, subordination and discipline are rigorously necessary.
18. A penal code shall be published and severely observed.
19. Within each military division a public school shall be established for the instruction of youth.
20. The national colours shall be black and red.
21. Agriculture, as it is the first, the most noble, and the most useful of all the arts, shall be honored and protected.
22. Commerce, the second source of the prosperity of states, will not admit of any impediment: it ought to be favoured and specially protected.
23. In each military division a tribunal of commerce shall be formed, whose members shall be chosen by the emperor from the class of merchants.
24. Good faith and integrity in commercial operations shall be religiously maintained.
25. The government assures safety and protection to neutral nations and friends who may be desirous of establishing a commercial intercourse with this island, they conforming to the regulations and customs of the country.
26. The counting houses and the merchandise of foreigners shall be under the safeguard and guarantee of the state.
27. There shall be national festivals for celebrating Independence, the birth day of the emperor and his august spouse, that of agriculture and of the constitution.
28. At the first firing of the alarm gun the cities will disappear, and the nation rise.
We, the undersigned, place under the safeguard of the magistrates, fathers and mothers of families, the citizens, and the army, this explicit and solemn covenant of the sacred rights of man and the duties of the citizen.
We recommend it to our successors, and present it to the friends of liberty, to philanthropists of all countries, as a signal pledge of the Divine Bounty, who, in the course of his immortal decrees, has given us an opportunity of breaking our fetters, and of constituting ourselves a people free, civilised, and independent.
Signed, H. CHRISTOPHE, &c. (as before.) Having seen the present constitution: We, JACQUES DESSALINES, Emperor I. of Hayti, and Commander in Chief of the Army, by the grace of GOD and the constitutional law of the state, Accept it wholly, and sanction it, that it may receive, with the least possible delay, its full and entire execution throughout the whole of our empire. And we swear to maintain it, and to cause it to be observed in its integrity to the last breath of our life.
At the Imperial Palace of Dessalines, the 20th May, 1805, second year of the Independence of Hayti, and of our reign the first.
DESSALINES.
By the Emperor, JUSTE CHANLATTE, Secretary General.

WASHINGTON CITY.
MONDAY, JULY 22.
There is no fact more undoubted than the universal evils resulting from war...
It becomes from this consideration a duty of no light obligation in all who possess the power to use the means of enlightening the public on this point...
If these remarks be just, it is at all times reasonable, by facts and argument, to show, not only the general superiority of peace to war...
Making a difference of four hundred and seven millions in favor of the United States, and in favor of the peace of the world...
It may be computed, on a very moderate estimate, that in Europe there are now under arms two millions of soldiers or sailors...
rivered from their own labors, and of the increased consumption of those, who raising nothing themselves, are occupied in destroying the productions of others.
With this rapid sketch, let us compare our own situation; and we shall be enabled to form a faint idea of the advantages and superiority of a pacific over a warlike policy.
For twenty three years past, we have maintained, amidst the distractions of Europe, a state of peace, which can scarcely be considered as disturbed by our differences with the Indians or the pirates of Tripoli.
In a pecuniary view more definite ideas may be formed. The population of the United States was five millions during the period of time referred to.
That of Europe may be estimated at two hundred millions. During this period, in maintenance of her peace the United States have employed three thousand soldiers...
Supposing Europe to have been half the above term involved in war (and she has in fact been engaged in war more than half) and her peace to be one half of her war establishment...
Our travellers have procured an animal which is called the wild Dog of the Prairies. Those animals are about the size of a cat, and have dens under ground.
Some appearances of a volcano, has also been discovered. The earth was so hot that after scratching away a little of the surface, it would burn the hand.
The Mandan Indians have fine horses—yet make but little use of them—using dogs to move their packs from camp to camp. In summer they move
from the river; but in winter return to it, for convenience of procuring fire-wood which is scarce and not good...
Our travellers experienced a severe winter; the snow was about two feet deep and the ice did not break up till late in March.
The beaver are said to be numerous; the Indians catch them by a snare made of the bark of trees.
The Indians tend some corn, which does not exceed four or five feet in height and the ear shoots out but about one foot from the ground.
New-York, July 18.
Captain Ogilvie, from Malaga, informs us that the Carthagena fleet, consisting of eleven sail of the line, had got out of the Mediterranean.
SCHOOLS.
MR. & MRS. GARDNER, respectfully acknowledge the favorable support with which their schools have been honored by the citizens of Washington...
TERMS.
MRS. G.'S. SCHOOL. Needle work, Eng-lish, French, writing, and Arithme-tic. MR. G.'S. SCHOOL. English, French writing, arithmetic, and rudiments of geography and Elocution.
West Indies.
BERNARD M'MAHON SEEDSMAN, No. 129.
CHESWUT STREET, PHILADELPHIA, Has just imported from London by the ship Columbia,
A GENERAL ASSORTMENT OF Garden Seeds,
PARTICULARLY of such kinds as are usually in demand in the West Indies, and in other hot climates; and also of such sorts as are necessary for summer and fall sowing in the United States.
TURNIP SEED.
He has likewise imported from one of the most eminent Turnip farmers in England, a quantity of the genuine White Norfolk field turnip seed, which is the most profitable kind yet known for cattle feeding...
FLOWER ROOTS.
His flower roots being now taken up, his friends and the public may be supplied with upwards of three hundred varieties of the most superb Tulips, all named, and arranged in their proper divisions...
BOOKS.
He is constantly supplied with the best and most approved works on Agriculture, Botany and Gardening, and in a few weeks will have ready for publication his treatise on AMERICAN GARDENING...
He is also supplied with the best English flour of mustard and split peas; white and brown mustard seed for mangoes, &c. watering pots, bals mats, pruning, grafting, and inoculating knives...
M'MAHON invites, nay he solicits a correspondence and reciprocity of services with the admirers of curious and useful vegetable productions in the United States and elsewhere...
In the case of JOSEPH ENGLISH Insolvent Debtor.
ORDERED that six months from the first day of February next be limited and appointed for the creditors of said English to bring in and exhibit their claims to the Trustee.
By order of the honorable William Cranch, Esq. one of the Assistant Judges of the Circuit Court of the District of Columbia.
URIAH FORRESTER, Clerk. The undersigned being appointed Trustee in the above case of Joseph English requests all those having claims against him to exhibit them without delay.
A List of Lands and Lots of Ground in Prince George's County, on which there is not personal property liable to pay the taxes due thereon for the years 1802, 1803, and 1804.
Table with 4 columns: Description of Land/Lot, Acres, Tax, and Remarks. Lists various landowners and their properties in Prince George's County.
Notice is hereby given, that unless the county charges aforesaid are paid unto Richard Duvall, the Collector, within thirty days after four weeks publication of this notice, the said lands and lots of ground, or such parts thereof, as may be sufficient to discharge the Taxes and Legal charges thereon due, will be sold to the highest bidder...
By order of the Commissioners. SAM. HEPBURN, CL. THOSE persons who are interested in the property above described are requested to pay the taxes due thereon with charges of advertising on or before the 22nd day of August next...
TURNIP SEED.
THEO: HOLT has for sale Fresh Turnip Seed, warranted good. Mustard Seed for Pickles, &c. and every kind of Garden Seed usually fown in the Fall.
Washington city, June 24—3w2w
IN CHANCERY, June 27, 1805.
Thomas P. Wilson, vs. George Beckwith, John Beckwith, William Lodge, Elisha O. Williams, Simon Nicholls and Barbara his wife, Thomas S. Williams and Anne his wife, Edward O. Williams, Elemelick Beckwith and John Lodge.
The object of the bill filed in this cause is to obtain a decree for the sale of a parcel of land lying in Montgomery county, purchased by Charles Beckwith deceased from Elisha O. Williams...
The bill states that Elisha O. Williams, Simon Nicholls and Barbara his wife, Thomas S. Williams and Anne his wife, Edward O. Williams, Elemelick Beckwith and John Lodge defendants in the said cause reside out of this state.
It is thereupon on motion of the complainant, ordered, adjudged and decreed that he cause a copy of this order to be inserted once in each of three weeks in the National Intelligencer before the last day of July next...
RUNAWAY NEGRO.
WAS committed to the jail in Washington county, in the district of Columbia, on the 29th of June last, a negro man, supposed to be a runaway, but who says he is free, and calls himself RANDOL ALLISON.
LANL. C. BRENT, marshal of the district of Columbia July 17—3tw.
Notice to Subscribers.
SUBSCRIBERS to the National Intelligencer in arrears are requested to make immediate payment. It may be proper to remind subscribers, that the indispensable term of the Paper is the annual payment of Five Dollars in advance...

Rapine, Conrad, & Co. On New Jersey Avenue Capitol Hill, HAVE just received and offer for sale, at a low price, a quantity of PERUVIAN BARK by the pound and smaller quantity. They have also, lately received an addition to their former assortment of books and stationery. July 10—
TO BE SOLD, At Gadsby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon.
ALL THAT TRACT OF LAND late Perry's, situated in Northumberland county, Virginia, lying immediately on the Potomac river. The following description is given of this property by persons well acquainted with it:—It contains 2,500 acres, 1,700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres heavily timbered, and the remainder very high land extremely productive. The soil of this tract is equal to any in the state for the cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious Brick Mansion House and two Offices, a large Brick Stable, a double Barn, Cow House, and many other out-houses. The Orchards and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chestnut timber, for which an excellent market may be found at the city of Washington. The terms of sale are—one fourth cash, one fourth in one year, one fourth in 18 months, and the residue in two years from the day of sale. The payments to be secured by bonds, with mortgages on the premises, and to be on interest from the day of sale. For further information, application may be made in behalf of the subscriber, Thomas Robinson, to Richard Peters, jun. attorney at law in the city of Philadelphia, or to William Lewis, in the same city, (Philadelphia.) THOMAS ROBINSON, W. LEWIS. June 19—ept'd 16
Traveller's Hall. THE subscriber tenders his sincere thanks to his friends for the very liberal encouragement they have bestowed on him. He will finish one of his new rooms in a few weeks, which will be large enough to dine near 200 persons at a time, and will shortly after have the remainder of his additional building completed, which will give him a front of near 100 feet, in the most agreeable part of the town, and in the centre of business being on the highest part of the public square. He has on hand, and has contracted for a constant supply of the best wines, and foreign spirituous liquors imported, and country provisions, stable forage, foreign & state newspapers—and has secured a quantity of liquors sufficient for the use of his table and bar during the season. He assures his friends, and that respectable part of the public who have patronized him, that there shall be nothing wanting which his time or purse will command, to render the TRAVELLER'S HALL a house of entertainment for genteel guests only, equal to any in America. R. BRADLEY. Lexington, Kentucky, March 1st. 1805. N.B. A Bazaar from the TRAVELLER'S HALL to the Olympian Springs in the summer, and to Frankfort during the session of the Legislature. March 27—ep3m.
IRON WORKS FOR SALE. IN Wythe county State of Virginia, on Cripple Creek about 15 miles from the Great Kanawha and 40 miles from the north fork of Holston which affords a tolerable safe navigation to a prodigious scope of the western country, where perhaps iron is in greater demand than any other quarter of the United States. Cripple Creek affords a sufficiency of water for both forge and furnace, being fed by bold never failing springs. The furnace and all the buildings have been commenced within 4 or 5 years—they consist of dwelling houses, kitchens, and a store house; also, a large and convenient stable—the forge has not long been completed. It is supposed to be the best built forge in Virginia, being out of choice timber, felled at proper seasons and executed by a first rate forge carpenter from Pennsylvania. It works three fires and two hammers, is forty feet long and fifty wide. All covered with joint shingles. There are between 7 and 800 acres of land attached to these works, some of it of excellent soil, and any quantity may be procured within 6 or 8 miles for from 1 to 8 dollars per acre.—The ore banks appear to be inexhaustible, lying within one mile of the furnace and good roads. From one of the banks the ore may be conveyed by water within 10 steps of the furnace, with the inconsiderable expense of 40 or 50 dollars. The quality of the iron is acknowledged by those who have used it to be equal to any. It is particularly sought for by lock makers, faddle tree planters, cutlers, &c. The demand for iron in that country is far beyond what is made, and is selling from 40 to 50 per ton. I have no hesitation to say, that on not a very long credit can be had for almost any quantity yearly, as from that quarter a considerable portion of the western country is supplied. As it is supposed a purchase of this magnitude would not be made, without a view of the property by those inclined to purchase, it is deemed unnecessary to give a further description. Letters addressed to me at Abington, Virginia, will be duly attended to. I will also sell my SALT WORKS On Holston in Washington county Virginia, which is now rented at 10,000 Dollars a year. I have adjoining to it between 5 and 6,000 acres of land well covered with timber, a considerable proportion of which in point of fertility is equal to any land whatever, and will afford 3 or 400 acres of meadow, nearly 100 being now in good timothy. The buildings which are extensive are in a good state of preservation. FRANCIS PRESTON. May 1—cp
On a liberal credit. THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately in front of the city of Washington. This tract of land containing 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Mason at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the Eastern Branch bridge. ANTHONY ADDISON. Barnaby, 12th June 1805—tf
Ten Dollars Reward. WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Crosswhite, Dublin, and in the outer case was a watch paper with Mr. Parker's name of Philadelphia.—Whoever will bring the said watch to the office of the National Intelligence, shall receive the above reward, and no questions will be asked. May 12—tf.
Just opened, and for sale by Rapine, Conrad, & Co. CAPITOL HILL. Doctor Wheaton's Patent JAUINDICE BITTERS; a cure for all jaundice and bilious complaints. Also his patent ITCH OINTMENT; an infallible cure for the itch, and every other humor of the skin. June 24—7t
Bailey Washington, IN the house formerly occupied by Mrs. Osborn, New Jersey Avenue, near the Capitol, has just received and opened, in addition to his former Stock of Goods, the following articles which he is selling at the most reduced prices. Superfine and second cotton do. brood cloths, do. striped silk & fancy do. Cotton kersemeres, do. Yellow, blue, and do. pantaloon do. mixed nankeens, do. women's colored and white silk do. Calicoes & furnitures, do. black & white cotton do. Brown Holland and round Dowlas, do. satin beaver mitts and gloves. 4-4 & 7-8 Irish linens, do. white, black silk & kid do. 4-4 & 6-4 colored muslins, do. pick nick silk mitts, do. men's white & brown thread gloves. 4-4 & 6-4 white do. do. Beaver and white kid do. 4-4 & 6-4 tambored muslin shawls, do. white & black silk do. 5-4 & 6-4 striped do. do. Women's kid shoes, do. black Morocco and Leather do. Bandannos, linen, and cotton handkerchiefs, do. Dimities, do. Courte & fine hats, do. Men's white & black silk stockings, do. do. raw do. do. do. brown thread and do. ALSO Crocker, Hardware and Cley. Segrays by the box. Sugar, Teas, &c. &c. &c. June 26—tf.
To Printers. FOR SALE. A Fount of Pica, entirely new, weighing 567 pounds, cast by Binny & Ronaldson, of Philadelphia, and sent to this city by mistake. Apply to A. & G. WAT, Printers, Pennsylvania Avenue, near the Centre-Market. Washington City, July 15—tf. N.B. If the above fount should not be disposed of in two weeks from this date, it will be returned to the Founders.
PUBLIC SALE. IN virtue of an order issued from the hen. court of Calvert county, will be offered at public sale, on the 28th day of August next, (if fair, if not, the first fair day thereafter) at the late mansion of Benjamin Ward, deceased, at the hour of 12 o'clock, a valuable plantation, containing 184 acres of Land, lying on the Chesapeake Bay, in Calvert county. The improvements are a small dwelling house, kitchen, tobacco house, corn house, and other out houses; a large orchard of fine fruit. This fertile spot has every advantage, it abounds in heavy timber, and has a great proportion of rich low ground, capable of being made into meadow at a very trifling expense. The soil is extremely rich—tobacco, wheat, rye, and Indian corn, grow with little labour—the neighbourhood affords a society of very genteel and friendly people—places of worship surround it—convenient to mills, and a ware house for the inspection of tobacco within two miles of the premises. This Land will be laid off in small parcels, or sold all together, as may best suit purchasers.—Bond with approved security will be required, carrying interest from the day of sale, payable in two equal payments, the first in 12, and the last in 18 months from the day of sale. WM. M. CARCAUD, DAVID L. WEEMS, CHAS. WILLIAMSON, Commissioners. July 3—ep8w
Fifty Dollars Reward. RAN away from the subscriber living near the Bowling Green on the 23d inst. a Negro Man named PETER, between thirty and forty years old, about five feet ten inches high, he is black and rather spare made, had on when he went off a light drab colored coat, a red striped waistcoat, corduroy or thickset breeches and dark mixed stockings, has lost the greater part of all his toes on the left foot, and when spoken to is very apt to appear surprised, I will give the above reward if taken out of the state of Virginia, and thirty dollars if taken in the state and out of this county, and ten dollars if taken in the county or confined in any jail so that I get him, or if brought home all reasonable charges paid. JOHN G. WOOLFOLK. Carolina July 10—ep3w.
STELLE'S HOTEL & CITY TAVERN. THE Subscriber takes this method of thanking his friends and the public for their favors, whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving—he respectfully solicits a continuance of the patronage of his friends and the public, assuring them that 'tis his full determination to fit up his present hotel, and so to conduct it, as to merit, he hopes, the preference of the public travelling, as well as those coming to the permanent seat of the Government of our Land of Liberty. PONTIUS D. STELLE. Washington City, March 25—tf
ADAM KING, & Co. AT their wine Store in High street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and their flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual will be attended to with the utmost attention. George Town, November 5—tf
CHARLES H. VARDEN, MERCHANT TAILOR. Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Bennet's cord, tolenetts, fancy and white Marcellas, black and figured silk, molakins, fancy filia, Marcellas, constitution cords, velvets, Genoa cord, silk and satin Florentecina, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 10—tf
RAGS. The highest price, in Cash or Books, will be given for any quantity of clean Linen and Cotton RAGS, by Rapine, Conrad and Co. Capitol Hill. June 24—
CERTAIN reports having gone abroad that the subscriber is the person alluded to as cautioning the public against crediting his wife, the public are informed that the mistake has originated from the advertisement of a certain "Thomas Williams" of the Navy Yard, the name of whose wife is also the name of the subscriber. THOMAS WILLIAMS, Blacksmith, New Jersey Avenue. July 15—3t.
District of Columbia, County of Washington, to wit:
UPON the Petition of WILLIAM MURRAY an insolvent debtor confined in jail, in the county of Washington, in the district aforesaid, praying relief under the act of Congress entitled "An act for the relief of insolvent debtors within the district of Columbia." It is ordered that notice of his application be given to his creditors, and that on the 22nd day of July inst. at 9 o'clock, A. M. at the court room in the Capitol the oath of an insolvent debtor, will be administered to the said Wm. Murray and a trustee appointed agreeably to the said act, unless sufficient cause then and there shown to the contrary. It is also ordered that this notice be published twice before that time in the Washington Federalist and National Intelligence. By the hon. Wm. Cranch, esq. WM. BRANT, Ck.
RAGS. THE highest price CASH, given for clean RAGS, by EDGAR PATTERSON, George town, and SAMUEL STETTENUS, near the Centre market, Washington. March 8—tf. In Council, Annapolis, May 16, 1805.
ORDERED, That the act to provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American, Telegraph and the Federal Gazette at Baltimore; the National Intelligence; the Republican Advocate and Barrig's paper at Frederick Town; Greaves's paper at Hagerstown, and in Smith's and Cowan's paper at Eaton. By order, NINIAN PINKNEY, Clerk.
AN ACT To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals.
BE it enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and found legal knowledge, residents of the state of Maryland, who shall be previous to and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be
styled in the commission chief judge, and the other two associate judges, of the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint; and the salaries of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court shall hear and determine the same in the same manner as if such prosecution had been originally instituted therein; provided that such further and other remedy may be provided by law in the premises as the legislature may direct and enact.
IV. And be it enacted, That if the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the decision of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shores respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorize the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, in any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amend-
ments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding. May 31—2aw3m
Twenty Dollars Reward.
STOLEN from the subscriber about One o'clock on Sunday the 14th inst. A large BAY HORSE six years old, blind of the right eye, a good deal chafed with the collar, particularly on the right shoulder; he was shod all round, his hoofs rough and shattered. The above reward will be paid to any person who shall bring him home; and on conviction of the thief, fifty dollars. GEORGE BLAGDEN. Washington July 17—3t
To be Sold, Or exchanged for other property in the City, or its vicinity.
TWO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 6380 acres, and the other 624 acres, by late resurvey. They are under old and indisputable titles of more than twenty years, and situate in a populous county, adjoining flourishing settlements. All taxes thereon have been duly paid. Apply to the subscriber, JOHN BECKLEY. City of Washington, July 17—epam
In Chancery, June 28, 1805.
ON application of Alexander 'Concees', trustee for the benefit of the creditors of Rinaldo Johnson, an insolvent debtor of Prince George's county, it is ordered; that the first day of November next be the time limited, before which the creditors of the said Rinaldo Johnson are to exhibit their claims to the said trustee; provided a copy of this order be inserted three successive weeks in the National Intelligence and Baltimore Telegraph, before the 1st day of August next. A true copy. SAMUEL H. HOWARD, R. C. C. July 17—w3t
Twenty Dollars Reward
STRAYED or stolen from the subscriber on the night of the 4th inst. two BAY HORSES, one a large bay six years old, one of his eyes appears to be injured, his tail bled very short, shod all round; the other an old horse, with two white hind feet, several white saddle spots, has a white tail, which has been lately cut at the ends; the first accustomed to the carriage, trots & paces, the second made use of as a road horse, trots easy, but paces badly, very lately shod all round. As I am satisfied they have been stolen, I will double the reward, on conviction of the thief or thieves, and on getting the horses. DANIEL CARROLL of Dudn's. July 12—F&Wim.
NOTICE.
THE creditors of Richard Frazier deceased are requested to attend, with their accounts properly authenticated, at Rhodes's tavern in the city of Washington, on Tuesday the 13th of August next at 11 o'clock, A. M. as then and there the subscriber under the direction of the Orphan's Court will make a dividend of the assets in hand. SAMUEL M. SMALLWOOD, Administrator. City of Washington, July 1—w3t
BOOT-MAKING.
JOHN MINCHIN, boot maker, from Philadelphia, respectfully acquaints his friends, former customers, and the public, that he has recommenced his business in all its various branches, at his established stand, where he will thankfully receive all orders in his line, which he will endeavor to execute with punctuality and satisfaction. He has on hand gentlemen's boots of all kinds, dress and strong shoes.—Wanted, a number of men to make strong shoes, and a few boot men—Also two apprentices to the above business. New Jersey Avenue, July 17—eptf.
Fifty Dollars Reward.
RANAWAY from the subscriber, living near the Bowling Green, on the 23d inst. a negro man named PETER, who sometimes calls himself BENDY, between 30 and 40 years old, about 5 feet 10 inches high, he is black and rather spare made; had on when he went off, a light colored thick drab coat, a red striped waistcoat, corduroy or thickset breeches and dark mixed stockings—has lost the greater part of all his toes on the left foot, and when spoken to is apt to appear surprised. I will give the above reward if taken out of the state of Virginia, and thirty dollars if taken in the state, and out of this county and 10 dollars if taken in this county, or confined in any jail so that I get him, or if brought home all reasonable charges paid. JOHN G. WOOLFOLK. July 17—
Twenty Dollars Reward.
RAN away from the subscriber's plantation near this place, on Monday the 10th of June, PHIL, Who commonly calls himself Phil Brice, a dark mulatto, aged about twenty four years, five feet eight or nine inches high, remarkably polite, speaks quick (though with difficulty) when spoken to, his clothing unknown. Having acquaintances in Baltimore, Alexandria and the City of Washington, I think it probable he has gone to one of those places. The above reward will be paid to any person who shall bring him home, or ten dollars for lodging him in any jail, so that I get him again. WM. B. BEANES. Upper Marlborough, July 12—w6t