The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1809-06-09 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. IX.
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NO. 1359.
FRIDAY, JUNE 9, 1809.
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NATIONAL INTELLIGENCER.
From the Monthly Magazine Some ACCOUNT of the COLUMBIAD , a POEM in ten BOOKS; by JOEL BARLOW : lately published at PHILADELPHIA .
(Concluded.)
Mentioning the principal tributary streams that lose themselves in this river, he brings in with propriety the character of the Missouri, which having run a much longer journey than the Mississippi, and acquired twice his magnitude, joins him with reluctance, being by that junction defrauded of his name.
Here I quit the first book; but to return to it again for some examples of the descriptive powers of the author, and to express my disapprobation of some things I consider as defects.
The second book opens with a view of the native tribes of America, followed by some questions on the diversity of men, and the first peopling of that quarter of the world. I am then forced to pass in review the affecting scenes of Spanish devastation in Mexico and Peru. This leads to the interesting episode of Capac and Oella, the founders of the Peruvian empire, and parents of the race of Incas. The story is concisely told, though copiously enriched with incidents. It runs through a thousand lines, and displays a variety of heroic action, savage manners, sublime scenery, and beautiful sentiment. It ends with the third book.
The fourth brings us back to Europe, and exhibits the state of society there, and its progress till the settlement of North America. That expansion of mind, and freedom of enquiry, accompanied with ideas of honest industry, so necessary for the advancement of science and morals, which took place at that period, and which seemed to prepare the way for the great exhibition of human improvement, resulting from the British system of colonization, are represented, perhaps justly, as the immediate consequences of the geographical discoveries made by Columbus and his followers.
The poet has not forgotten that the religious persecutions of Europe were among the principal means of driving settlers to North America. These persecutions are concentrated and personified in the fiend Inquisition, who is pictured with all her attributes in a highly finished group, and with great strength of expression. The rise of the British maritime power is exhibited in its first great victory gained over the invincible Armada of Spain. The view he then gives us of the great colonist Walter Raleigh, conducting the first fleet of colonists to British America, is one of the most finished pictures we have ever seen. The exultation of Columbus on that occasion leads to some reflections on the spirit of liberty, which is represented as the foundation of morals, as well as of prosperity to a nation. Lord Delaware arrives with a reinforcement of emigrants. The moon-light scene as they enter the Chesapeake, the speech of the river-god Potomac, saluting his new masters, predicting their future greatness, and offering his own bank as the seat of their capital are incidents arising out of this part of the subject, and are presented with that magnificence which serves to raise our expectations of the importance of what is to follow in the subsequent books.
The fifth, sixth, and seventh books, are chiefly occupied with war and revolution. The last of them terminates that memorable conflict with the mother country, which established the independence of the United States. On the planting of the British and French colonies, the energy of free men which accompanied the former, compared with the feudal degradation attending the latter, are noticed with striking propriety.
The Indian wars which disturbed the early settlements are grouped in
one general view. The French war is more detailed. Here the defeat of Braddock, the victory of Amherst, and the conquest of Canada by Wolfe, afford a greater variety of description. The subsequent peace is accompanied with an exhilarating view of colonial prosperity, and a great extension of territorial power, which prepares the reader for the wider scenes of havoc that are to follow in the war of independence. The action of this war is introduced with a pomp and dignity suitable to the grandeur of the object contended for. Darkness overspreads the continent. On the gradual return of light there is a view of Congress, and a notice of its leading members. The demon War strides over the ocean, leading on the English invasion. The general character of the war on the part of England, as the American poet chooses to represent it, is incendiary and barbarous. It begins with a wanton conflagration of towns, from Falmouth in the north, to Norfolk in the south. The battle of Bunker's-hill, the review of the American army, attended with many pathetic circumstances, the attack of Quebec, the death of Montgomery, the descent on New York, and its conquest by the British, are well distributed and described. This terminates the fifth book.
The whole of this war being shown to Columbus in vision, appears but one continued action, occupying about one-fourth part of the poem; that is, from the middle of the fifth to the end of the seventh book. This action, though one, is greatly varied with incidents, affording many examples of genuine pathos, novel and magnificent description, and pertinent moral reflection.
The sixth book opens with the famous (unhappily too famous) scene of the prison ship. Here that rigorous mode of confinement, which the poet calls British cruelty to American prisoners, is described with energy. I trust with exaggeration. Then follows the no less famous affair of Trenton; where the little American army recrosses the Delaware in the night, to surprise the British van. There is so much wild imagination in his management of this daring poetical exploit, that I scarcely know what to say of it, whether to praise or blame. The author seems here to have uncovered himself from the rules of criticism, on purpose to invite discussion. Happy will he be if he escapes the censure of more inflexible judges.
The approach of Burgoyne is brought forward with a pomp and splendor which indicate not only an important event, but a proud victory on the part of the author's country; and the battle of Saratoga, which follows, this highly ornamented overture, and precedes the capture of the British army, is heightened in its interest and novelty by several peculiar circumstances, such as the part that the savages take in the contest, and the barbarous murder of Lucinda.
The 7th book brings on the alliance with France, the battle of Monmouth, the storming of Stony-point, the siege and conquest of Charleston, the actions of Greene terminated by the battle of Eutaw, the naval battle of Delaware and Graves, siege of York, and capture of Cornwallis.
The 8th book begins with a hymn to peace, followed by an eulogy on the heroes fallen in the war. The author then makes a solemn address to his surviving friends and countrymen, exhorting them to preserve in peace the liberty they have vindicated in war. The danger of losing it by inattention is illustrated in the rape of the golden fleece: one of the most beautiful and best applied illustrations that poetry has produced. Among other serious, and I think well-timed warnings, is that against the slavery of the Africans. In this connection is introduced the speech of Atlas, alluded to in the former part of this article. These exhortations are followed by a change of scenery, which gives us a rapid glance of the progress of the arts in America; which, with a sketch of the characters of several American artists, philosophers and poets, terminates the book.
The 9th and 10th books present us with a larger scope of human affairs, a more affecting contemplation of the moral tendencies of man than has hitherto been displayed. The ninth dwells on what is past, the tenth on what is future; and nothing can excel the grandeur of these views, or the
philanthropy and benevolence of the sentiments which accompany them. To show that all things in the physical, as well as moral system of nature, are progressive and ever tending towards that perfection which would seem to satisfy the friend of human happiness, Columbus is gratified by Hesper with a fanciful view of all her works, from the birth of the universe, through the formation and history of human society, down to such a state of improvement as shall lead to universal civilization, and the political harmony of all nations.
Thus the poem is terminated by a train of expansive ideas and consoling reflections, calculated to sooth the troubled spirit of the hero in a manner more satisfactory than all that could have been done for him by kings and ministers, had they been just and generous.
This is what Mr. B. in the preface calls the poetical object, the fictitious design of the poem. Thus the design is one, it is simple, clear, easy to be perceived, and is finally attained; the action is one, and as simple as the design, being, in fact, no more than what passes between the two principal personages, Columbus and Hesper: all the subordinate events, conducted by other actors being represented in vision, recounted from history and fable, or predicted by the celestial personages. The time also, and the place are kept each within the limits of strict dramatic unity, as is noticed in the preface; the place not extending beyond the prison and the mount of vision; and the time not exceeding two days.
So far, therefore, as I am to judge by the technical requisites of epic song, the Columbiad must be ranked in that class of works; and so far as the real object and intrinsic character of the poem are to guide the decision, the reader indeed must form his own, but mine would assign it a high rank; indeed, in that class it would even incline me to pronounce that only three poems ought to stand above it, the Iliad , Eneid , and Paradise Lost .
Having sketched the general outline of the piece, I must proceed with more detail in my examination, & offer some specimens of the composition. The monologue of Columbus in prison, with which the poem opens, has considerable pathos, and some good description, but I think it too long. It is always a delicate business for a hero to complain, it is not a heroic employment; and in no situation will he find it more difficult to keep up his dignity. I am sensible that this case is a singular one; he is alone in a dungeon at midnight, his spirits broken down by a long train of cruel calamities, injustice and ingratitude. A variety of subjects must crowd upon his feelings, and his feelings demand utterance in a manner too strong to be resisted by a mind which, without ceasing to be great, must be enfeebled by suffering.
These circumstances furnish some apology. Indeed it requires one; and the merit of the lines, though great, would not be deemed a sufficient one for extending such a solo to 74 lines, and that at the beginning of the poem. Other critics on this passage may differ from me in opinion; and I hope they will, as this is the only instance I have noticed in this author of any want of judgment in proportioning the parts to each other, or to the whole.
The approach and appearance of Hesper are brilliant; the ascent to the mount of Vision, Europe, setting from the sight the Western Ocean, and then the American Continent drawing into view, may be cited as specimens of the magnificent.
Among all the naval victories that Britain has to boast, it is singular that we have no description of a naval battle in English poetry, nor is there such a thing among the moderns of any nation, so far as I am acquainted with their literature. We are therefore indebted to the American poet for the first poetical description of a combat of this sort, and that too on an occasion sufficiently rare, if not unique, in which the English did not gain the victory. It is the battle of Graves and Degrasse, in which the latter obtained, if not a victory, at least his object; which was to take possession of the Chesapeake bay, and protect the operations of the siege of York, and the reduction of Cornwallis. The description I think equal to the occasion. [Here follows the description.]
The siege of York affords several examples of novel description, particularly the bombardment during the night, and the mining and blowing up of a citadel. There is not room for citations so copious as I could wish from the scenes of war. The subjects are so various, and many of them original, that I shall be able to convey but an imperfect idea of the work.
The doubts entertained by Columbus, with respect to the future progress, that Hesper assures him that mankind are to make in civilization and science, and his idea that society may again retrograde so far that men may even lose their present geographical knowledge, and Europe in her turn, some thousand ages hence, will need to be discovered by American mariners, are expressed in a manner deeply affecting.
The exhilarating scenes of the 10th book can hardly be abridged so as to give an idea of the general impression that the whole would make upon the mind. I shall only give the opening of the book; and this shall close the list of citations.
If I had not extended my observations on the body of this work to an unusual length, I should feel that considerable attention was due to the preface and the notes. They abound in original matter, and cannot but excite the deepest reflection. In the preface and likewise in a note on the 10th book we find some very just remarks on the moral tendency of several of the most famous poems, and on the general spirit in which history has been written. The preface takes notice, "that modern modes of fighting, as well as the instruments now used in war, are not yet rendered familiar in our language," though he contends that there is no good reason for our timidity or reserve in the use of such terms; that we are really richer than the ancients were in this respect, having better sounding names, and more variety in the instruments, works, stratagems, and other artifices in our war-system than they had in theirs. Accordingly he has been free in the use of all these modern military terms, and we think the experiment has perfectly succeeded. I am convinced with him, that there is as much dignity and harmony in the words, gun, musket, bayonet, pistol, cannon, shell, mortar, platoon, brigade; as in spear, shield, helmet; greaves; bow, shaft, sling, cohort, and phalanx.
In his note on Mr. West, the painter, he asserts (with how much justice I will not determine) that this artist is the first who introduced modern costume, & rendered it familiar in historical painting. With equal, if not greater truth, it may now be said, that Mr. B. has introduced & familiarized modern military terms in heroic poetry. Whether he thought of emulating his countryman in this respect, I know not, but his design was equally bold; and it promises to be equally successful with that of the painter, which is said to have produced a revolution in the art.
The note in the 5th book on the British colonization, exemplifies in a memorable manner the effect of habitual feelings of liberty. The free-born spirit that goes forth with the young colony becomes more conspicuous, aims at higher objects, and sustains a greater growth of national prosperity than it could do in the mother country, tho' as free as England. The contrast the author draws between our system and that of other modern nations, which have sent colonies abroad, does honor to his liberality, and is an equal tribute of respect to our country and his own. Indeed this is not the only instance in which the English nation is highly complimented in the work before me. I am happy to see it, because it is more than certain other writings of Mr. B. had taught me to expect.
In the 2nd book there is a note on the graphic art, occasioned by a view of the hieroglyphics of Mexico. It is the result of deep reflection, and leads to some uncommon conclusions with respect to the early unstoried ages of human society. There are several other philosophical notes, which, for their original vein of thinking, and the very perspicuous and unaffected manner of holding up his thoughts to his readers, cannot fail of fixing their attention, if not their approbation.
Mr. B.'s prose style is remarkable for its harmony and eloquence. He has likewise attained a degree of purity, so far superior to any other of his countrymen, whose writings we have seen, that, were it not for the danger
of giving offence to him, or them, I should perhaps ascribe it to his long residence in this country.
I intended, however, when I began this article, to notice a few oddities in his orthography and his neology. He is so sensible of having laid himself open to animadversion in this respect, that he has written a postscript to his notes in justification of the liberties he has taken with our language. But as he has explained himself fully on this subject, I will only add a word of regret at seeing a disposition in American writers for innovating so fast in our common national language, as must in a few generations more produce an irreconcilable dialect. Such a tendency is certainly to be deprecated; and I am sorry to find, that so great an example as Mr. B.'s writings must prove to his countrymen should have given countenance to these innovations.
CONGRESS.
SENATE.
The substance of Mr. GILES's observations on the following amendment proposed to the Bill for amending and continuing the non-intercourse law, &c.
"That the provisions of the two first sections of the act, entitled "An act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes," shall extend to all public armed ships and vessels of all foreign nations, and the same shall be and hereby continued and made permanent, subject nevertheless to any modifications or regulations which may hereafter be made by treaty."
Mr. G. said, he felt himself constrained to move this amendment at this time, because he found it impossible to avoid a consideration of the subject involved in it, although he had heretofore hoped that it would not necessarily pass in review during the present session. He said this necessity arose from the limitation of these sections of the act at the last session. The connection of these sections with the commercial non-intercourse system was contrary to his opinion at that time—he then wished the subject to be taken up and acted upon in a separate bill, and made the permanent law of the land. His opinion then gave way to the respect he felt for the opinion of others. This will appear from the resolution he then moved to extend the interdiction to the public armed ships and vessels of all foreign nations. In consequence of connecting that subject with the general commercial non-intercourse, and limiting its duration with that act, it was now rendered a very delicate question. His proposition, however, was to do now, what it was right to have done at the last session. He said that the proposition was founded upon the principle, that the U. States had as absolute and unqualified a right to exclusive jurisdiction over the marine leagues usually attached to independent nations, as to their territorial jurisdiction, and as a consequence from that principle, foreign nations had no more right to send armed ships within our acknowledged marine jurisdiction, than they had to send an army within our territorial jurisdiction. His proposition is therefore merely municipal, formed upon an unquestionable right, and it is dictated by the same spirit of impartiality, as that which dictated the original non-intercourse law. Indeed, it appeared to him the only impartial course now left us, as it respects the belligerents. It ought to preserve the most perfect impartiality, which Mr. Caring so justly tells us, is the essence of neutrality.
Mr. G. said it could not escape observation, that in the overtures made by the British cabinet for the revocation of the orders in council of the 7th of January and the 11th of November, the obligation to protect our neutral rights against France, heretofore offered on the part of our government, in case of her perseverance in her hostile edicts, had been entirely overlooked, or unconditionally dispensed with. He said he derived much satisfaction from the liberal conduct on the part of the British government; because it manifested a confidence in the honor and firmness of our government, which must be peculiarly gratifying to every American; but it was rather increased than lessened the obligation to persevere in protecting our

neutral rights against French aggression, if they should be persevered in, contrary to his expectation.
The motive or ground of resisting the aggression of France cannot under this overture be mistaken. In the former case, it might have seemed as if the resistance was dictated by a stipulated obligation to Great Britain to make it in this; it can only be dictated by a just sense of our own honor, character and interests, which is left perfectly uncontrolled by the British overture. As this latter motive is the more honorable, it ought to be the more scrupulously adhered to and enforced. He had no hesitation in saying he had uniformly been influenced by this motive alone, entirely disconnected with any stipulated obligation to Great Britain; and under this influence alone, he would be found at all times, as ready to resist the aggression of France, as he had at any time been those of Great Britain, if they should uniformly be persevered in; but at the same time, he wished to take away every pretext for such perseverance, by persevering in a conduct of the strictest and most scrupulous impartiality towards all the belligerents.
At the last session, he had supposed under the general interdiction of all foreign armed vessels, some regulations and modifications, as exceptions from the general rule, might be made by law; but further reflection had satisfied him, that the preferable mode was by treaty.
He would state two or three reasons for this preference:
1. It will tend to avoid collisions with all foreign nations. Regulations made by law might not suit the views of foreign nations, whereas their consent would be necessary in treaties.
2. It will give us the aid of a stipulated obligation on the part of the foreign nation making the treaty, to enforce the arrangement. In the case of Great Britain this consideration is of great importance. Its importance results from the strength of her navy, compared with the weakness of ours.
3. By treaty we may obtain what the lawyers call a quid pro quo . We may want at some future time, the use of some British ports, which she would readily give for the use of ours. He said he would act liberally with her in this respect; and he believed, considering Great Britain now at war, and the United States at peace, it would rather accelerate than retard the expected negotiation. He said he was as much opposed to throwing any impediment in the way of the expected negotiation, as any gentleman in the United States.
Great Britain cannot, and will not complain. The municipal right now proposed to be carried into effect, is admitted by Great Britain in its broadest extent, and will not be disputed by Mr. Canning at the present moment. This will appear from Mr. Canning's declarations in the debates of the last session of Parliament. He said he did not know whether it was correct to read newspapers in evidence, to ascertain the opinions and expressions of the Speakers, but if the Senate would be content with this species of evidence contained in a ministerial paper, he would read it for their information. Mr. G. then read the following extract of Mr. Canning's speech, taken from a British ministerial paper:
Extract from Mr. Canning's Speech in Parliament.
"At the time the application for a compromise had been made by the American government, there was no order in force excluding British ships of war from the American ports, whilst French ships of war were admitted into them; and consequently if the terms offered by America had been accepted, our commerce would have been permitted to America without a ship of war to protect it, whilst the French commerce would have been excluded, at the same time that French ships of war would be admitted if they could succeed in getting there. The ports of America would become nests for French privateers against British commerce. As to the tendency of the measures in agitation in America, he could afford the right honorable gentleman some consolation, by assuring him, that they would not have all the ill consequences he seemed to apprehend. A circumstance appeared by the report of the committee of Congress, though clothed in hostile language, which, if made known to his Majesty's government in amicable terms, might have led to the acceptance of the terms proposed. The circumstance he alluded to was the resolution for excluding from American ports the ships of war not of Great Britain, but of the belligerents. The Americans, in their character of neutrals, had unquestionably a right to exclude the ships of war of both belligerents from their ports, but could not confine them exclusively to those of one of the belligerents without a violation of that impartiality which is the essence of the neutral character. Yet when that proposition should be disposed of, the whole of the difficulty would not be surmounted, as much would still remain to be accommodated. Another point, in which fault had been charged upon his conduct with
respect to America, was, his having stated, that the system would not be given up whilst the smallest link of the confederation against Great Britain existed."
It will be observed that two important conclusions may be deduced from these observations.—1. That the exercise of this municipal right is unquestionable.—2. That Mr. Canning's objection to its former exercise by proclamation was to its limitation, not to its extension.
His objection is to its exercise against Great Britain, exclusively, and not against her enemies. At the time of making this speech Mr. Canning thought the interdiction was extended to all the belligerents; in which case so far from complaining of its exercise, he says, it would furnish an inducement to an accommodation, and his instructions to Mr. Erskine were no doubt given under this expectation. This was the ground taken by the report of the committee of the House of Representatives, in the last session, and the Senate went further by extending the interdiction to the public armed ships of all foreign nations. Those of peace as well as those of war. This gave the transaction more strongly the character of a mere municipal regulation. This principal was afterwards narrowed down in this bill, to apply merely to Great Britain and France, and left out altogether the other belligerent powers. Mr. Canning will probably be much surprised at this limitation: and conceive hostility more pointed than he had anticipated; some of the points may, however, be a little blunted by including France, the most operating and unmanageable of her enemies. He said he did not wish to go one atom beyond Mr. Canning's opinion upon this occasion. He took great pleasure in concurring with Mr. Canning upon this point. It was the first instance in which he had ever concurred in opinion with the gentleman; but hoped it would not be the last—especially when the opinion favored the rights, and promoted the interest of the U. S.
Mr. Canning must have acted under this impression when he agreed to make the honorable reparation he had done for the unauthorised attack upon the Chesapeake, without requiring a previous revocation of the interdiction of British ships. As this revocation was not demanded nor promised, the arrangement now ought to be made on general principles of justice. He said, without feeling or expressing any regret, at anything he had said or proposed at the last session, he was now as willing as any gentleman to reciprocate the temper lately manifested by the British government, so opposite in its character and tendency from that manifested by the cabinet for several years preceding. He said, that no gentleman had yet intimated an intention of removing the interdiction upon British armed ships, until she had actually executed her promise of reparation; & if the execution of the promise were to precede the revocation of the interdiction, the mode of revocation by treaty, as pointed out by his proposition, would be nearly contemporaneous with that proposed by gentlemen, if now enacted into a law, and it would have an evident advantage as it respected the feelings of G. Britain. The mode recommended by gentlemen is founded upon a want of confidence in the promise of Great Britain, and an ungracious demand for its execution, as a preliminary to the revocation, whilst the mode pointed out by treaty, is founded upon a confidence in the promise; & without requiring its execution, will insure our own safety by the mere exercise of municipal right—a right which is unquestionable—vouched to be so by Mr. Canning, and the exercise of which is impartial towards all nations by extending it provisions equally to all. He said that almost all the injuries and insults sustained by the United States from public armed ships of the belligerents within our waters, were attributable to an inattention to the exercise of this right, and relax the interdiction when you may, without a stipulated obligation on the part of the belligerents, to respect your neutrality, and your marine jurisdiction, they will be renewed and continued.
The principle contended for is not new. It has been before the Senate several times, and was adopted at the last session in its broadest extent, as will appear from the following resolution which he then had the honor of moving. It does not appear from the journals of the Senate, that there was any opposition to the following resolution which was adopted on the 15th of Feb. last.
"The Senate resumed the consideration of the motion made the 8th instant, That provision ought to be made by law for interdicting all foreign armed ships from the waters of the United States; and having agreed thereto, ordered that it be referred to Mr. Giles, Mr. Smith of Md. & Mr. Crawford, &c."
He said he was extremely happy to find the spirit of harmony and conciliation which had hitherto characterised the Senate and he should endeavor, to preserve and continue it; and whilst he was strongly impressed with the propriety and policy of the amend-
ment, yet he was willing to listen to any other, which might be more agreeable to gentlemen, provided it was founded upon a principle of strict impartiality towards the belligerents which he could not be induced to depart from under any circumstances.
HOUSE OF REPRESENTATIVES.
DEBATE
On remunerating sufferers under the Sedition Law.
Saturday, May 27, 1800. [CONTINUED.]
Mr. KEY said he should vote for indefinite postponement of the resolution. What good purpose could its adoption answer, unless the House had the power to take money from the Treasury of the United States for the purpose of remunerating any person who had suffered? Had Congress that power. He apprehended not. He could see no such power amongst those delegated to Congress. The gentleman from North Carolina admitted that the House were under no obligation to remunerate the sufferers; and if the gentleman would turn to the rules laid down for the definition of the powers of Congress, he would see that there was no authority to draw money from the Treasury for this purpose. Under that view of the constitution, Mr. Key said he must vote for indefinite postponement.
Mr. MACON asked under what clause of the constitution Capt. Murray and others had been remunerated? Under what clause money paid into the Treasury had been returned in various instances. The right to take gave the right to return that which was taken. In many instances this principle had been practised on. There was no law to authorise the punishment of a man for robbing the mail; but it was derived from the power of establishing post roads. The power of refunding money was one which had been often exercised.
Mr. GARDENIER was in favor of an enquiry. It was not only proper that an enquiry should be made, but it was the bounden duty of the House to make it. A member of the House in his place had stated facts which if true undoubtedly entitled him to their interference. Our duty (said Mr. Gardenier) is imperative. The case of the gentleman does not rest upon the question whether the sedition law was constitutional or unconstitutional, but upon the fact that he was not a proper object for the exercise of that law. For, if the statement made be correct, he was punished for uttering a creed which would not be improper for every member of the House; and I will say that subsequent events have shown the sincerity with which the gentleman did make it; that he has kept his promise most religiously; that it was not applicable to those men or that time any more than to the present, but was a creed on which he practised before and ever since, so far as his political course is known to me. It is a case in which the privileges of the members of this House are materially concerned. If under the sedition law a letter written by a member of this House to his constituents giving his view of public measures, has been punished, it concerns the safety of this House that complete and perfect remuneration should be made. It is as important that every member should be permitted to speak freely to his constituents as that he should without restraint address the chair of the House. It was a case, therefore, which never ought to have been the subject of a judicial investigation, much less considered as a crime. The gentleman at the time followed the dictates of his conscience. To his conscience and his God alone should he be responsible. Sir, should we refuse an enquiry into this case, when we know that the fine of James Thompson Callender, for one of the most atrocious libels ever written in the United States, was remitted? When we know that it was remitted by the President of the United States after the money had been received by the proper receiving officer of the U. States, when it had passed out of the hands of James Thompson Callender into the hands of the officer of government, and was, to all intents and purposes, in the treasury of the United States, because there is no such thing as a treasury in which money is actually deposited—for a libel too, in which the great father of his country was treated with a shameless indignity which could not but have gone to the heart of every man? When the President of the United States was in that libel called a hoary-headed incendiary, should that fine be returned, and shall a gentleman in this House be fined and imprisoned for that which was not even improper? Shall we not restore to him that which others have been suffered to retain, and for which we have not brought to question him who restored it after it was in possession of the receiving officer of the U. States—in fact, after it was in the treasury? Let us not be guilty of this inconsistency. If the sedition law has gone to the tomb of the Capulets, and I believe it has, I am not one who wish to bear up against the people's voice; the government is theirs; and when they speak we obey. If under that law the government has received
money for an act which really, if the statement of the gentleman be true, could scarcely be considered an offence within the purview of that law, will you not give it back to him? Either give back the money in the case; or take measures to recover that money which was given back in the other. I am not for making fish of one and flesh of another. Whilst on this subject I will declare that I never did consider the sedition law as unconstitutional. Congress were competent to pass it. But, that parties will sometimes in the ardor of their course exceed the limits of discretion and do violence to the milder feelings of the community—in which they live, has been proved in the Adams administration, and in that which has lately disappeared; and when they have cooled down, it is but rendering justice to the sense of the country to acknowledge their errors. No, sir, I am satisfied that all prosecutions for libels on the government should be at least very hesitatingly sustained. You cannot draw a precise line by which you shall limit the right of investigation. The two things are so blended together that you cannot separate them. You must either make the government supreme or the people supreme. I am for the latter. As Dr. Johnson makes Lord Chesterfield say, liberty and licentiousness are blended like the colors in the rainbow; it is impossible to tell where one ends and the other begins. Licentiousness is a speck on the eye of the political body which you can never touch without injuring the eye itself. I hope and trust that with this investigation will be connected an enquiry into the prosecutions at common law in Connecticut. I have seen in the state of N. York, but not under the present administration, a defendant coming into court, begging only to be permitted to prove that what he had said was true, I have seen also an attorney gen. rise to prevent it; I have seen the truth smothered on the trial by men who were as clamorous against the sedition law as any loud-mouthed patriot in the country. I have seen them bringing almost to the block the victim who only wished to prove the truth of what he said—which was denied him. I mention this to show that where parties are contending against each other, where there is a majority on one hand and a minority on the other, that which appears on paper proper for the protection of the government turns out to be for the oppression of the minority. In the nature of parties it cannot be otherwise. Therefore, in my opinion, the government of the United States cannot render a greater service than by declaring it will not be necessary to any diminution of the rights of the citizen; that free investigation shall in all cases be permitted. Mr. G. made some further observations on the particular case of Mr. Lyon, and concluded by expressing his hope that the resolution would pass.
The question that the resolution be postponed indefinitely, was decided by Yeas and Nays as follows:
YEAS—Messrs. W. Alston, Anderson, Bard, Bassett, W. Bibb, Blaisdell, Boyd, Breckenridge, John Brown, Butler, Campbell, Champion, Crawford, Davenport, jun. Dawson, Emott, Findley, Fisk, Franklin, Goldsborough, Gold, Hale, Haven, Heister, Helms, Hubbard, Hufsy, Jenkins, Jones, Kenan, B. Key, Knickerbacker, Lewis, jun. Le Roy Livingston, Lyle, Matthews, McKim, Miller, Milnor, Montgomery, N. R. Moore, T. Moore, Nelson, Newbold, Nicholson, Pearson, Pickman, jun. B. Porter, Quincey, Rhea, (Ten.) Richards, Sage, Sammons, Sawyer, Sheffy, Smelt, George Smith, Southard, Stanley, Stevenson, B. Sturges, Swoope, Taggart, Tallmadge, Tracy, M. Troup, Wheaton, Weakley, Witherspoon.
NAYS—Messrs. Bacon, Baylies, R. Brown, Burwell, J. C. Chamberlain, W. Chamberlin, Chittenden, Cobb, Cochran, Cox, Crist, Dana, Desha, Gannett, Gardenier, Gholson, jun. Goodwyn, Gray, Holland, Howard, J. G. Jackson, R. Jackson, jun. Johnson, Kennedy, Livermore, Macon, Manion, M'Bryde, McKee, Morrow, O. Moseley, Newton, Pitkin, jr. J. Porter, R. Potter, Randolph, Rea (Penn.) Roane, Ross, Shaw, J. Smith, S. Smith, Stanford, Stedman, Taylor, Thompson, Upham, Van Horn, Van Rensselaer, Wilson.
So the original motion was lost.
Wednesday, June 7. Erastus Root, a member from New York, appeared and took his seat.
Mr. Bibb presented a petition of sundry inhabitants of the state of Georgia, who were employed as cavalry in the expedition to the Sabine in 1806, praying compensation for their services in this expedition—Referred to the Committee of Claims.
Mr. Southard made a farther report of unfinished business; which was ordered to lie on the table.
DISTRICT OF COLUMBIA.
Mr. Love, having made some observations on the uncertainty with which any committee would now present business to the House until some decision was had as to the time at which Congress should adjourn, moved the following resolution, with a view to regulate the conduct of a com-
mittee of the House in preparing business: "Resolved, that the committee on the District of Columbia be instructed to report what subjects referred to them it will be necessary to act on during the present session."—After some opposition from Messrs. Pitkin, Smilie, Bibb, Dana and Bassett, on the ground of the propriety of shortening the session, instead of extending it, and reply by Messrs. Love and Van Horn, the motion was negatived.
Mr. Burwell reported a bill making further appropriations to complete the fortifications already commenced, and to erect such fortifications as may be judged necessary for the security of the northern and western frontiers of the United States.—Twice read and referred.
Mr. Dana reported a bill for the benefit of the seamen of the U. States. [This bill requires the mate, and at least a majority of the mariners on board any vessel, to be citizens of the United States, in order to entitle the vessel to the benefits of a vessel of the United States; and prescribes various amendments to the navigation laws of the United States, so as to accommodate them to the proposed regulation.] Twice read and committed.
Mr. Lewis asked (the fourth time) for the consideration of the resolution for appointing a committee to enquire into the propriety of removing the military academy from West Point to Washington—On the question for considering it, 32 gentlemen only rose in the affirmative.
Mr. Livermore, with a view of limiting the business to be done during the session, moved "that no petition of a private nature shall be received by this House after Monday next, during the present session of Congress." This motion was opposed by Mr. J. G. Jackson on the ground of inexpediency as well as unconstitutionalality; for he contended that the constitution, securing the right of the people peaceably to petition for a redress of grievances, prohibited the House from refusing to receive their petitions. It was replied by Messrs. Livermore and Gold that it might as well be urged, from the constitution, that Congress should never adjourn whilst a petition or grievance could be offered to the House; that the petitions would be in fact merely laid on the table, which was the ordinary course of every day. The motion was negatived by yeas and nays—Yeas 17, nays 104.
Mr. Updegraff, from the Committee of Ways and Means, reported a bill making an appropriation for defraying the expenses of stationary, printing, &c. for the two Houses of Congress during the present session.—Twice read and committed.
Mr. Sawyer called for the consideration of his resolution, laid on the table yesterday, for appointing a standing committee to be called the Committee of Manufactures.—The House refused to consider it—Ayes 35.
The bill authorizing the appointment of an agent for the land office at Kaskaskias, and making compensation to the commissioners and clerk; the bill supplementary to the act, entitled, "An act for carrying into effect a treaty with the Chickasaw Indians, and for establishing a land office in the Mississippi territory;" and the bill continuing in force the act declaring the assent of Congress to an act of the legislature of South-Carolina, passed in 1804—were severally read a third time and passed.
DOMESTIC MANUFACTURES.
Mr. Bacon called for the consideration of the following resolution, laid on the table a few days ago by him:
Resolved, That the Secretary of the Treasury be directed to prepare and report to this House, at their next session, a plan for the application of such means as are within the power of Congress, for the purpose of protecting and fostering the manufactures of the United States; together with a statement of the several manufacturing establishments which have been commenced, the progress which has been made in them, and the success with which they have been attended; and such other information, as in the opinion of the Secretary, shall be material in exhibiting a general view of the manufactures of the United States.
Mr. Bacon remarked that if the House had any disposition to do anything towards the advancement of manufactures of the country, the proper course would be to call for information on which they could act, as proposed by the resolution. For himself, however desirous to aid manufactures without information on which he could rely, he did not feel himself prepared to act.
Mr. Lyon remarked that twenty years ago a similar reference of the subject had been made to the Secretary of the Treasury, and a long report had been received, on which no proceedings were had. And this would be the case with the proposed report. It was intended but to elay by procrastination the little zeal which was now displayed by some members in favor of manufactures. If anything was done now, he said he should be fair of any thing ever being done to encourage manufactures; and this motion was evidently intended to give the subject the go by.
Mr. Lyon moved to amend the re-

solution by striking out the words "at their next session," the time at which the Secretary of the Treasury is directed to report to the House a plan for the encouragement of manufactures; with a view to make the resolution obligatory on the Secretary to report during the present session.
The motion was negatived without a division.
Mr. Van Horn moved to amend the resolution by striking out all that part requiring the Secretary of the Treasury to report a plan. He stated his reasons to be that he wished not to vote upon a plan reported by any Head of Department, however great confidence he might have in them; for he thought the House were competent themselves to originate a plan. He feared too that some plan might be proposed which would injure the agricultural interest; and the weight of a recommendation from so respectable an authority he well knew. He thought that Congress could themselves, by amending and regulating duties and drawbacks, sufficiently encourage manufactures, without any specific plan being laid down.
Mr. Bacon said it had long ago been decided in this government that when a call was made for information on the Heads of Departments, it was also within the rules of correct proceeding to require the officer so called upon to prepare and digest a plan on the subject on which information was called for. And he feared no injury which would result from such a course though much good might.
After some observations from Messrs. Quincy and Dana against the amendment, and Mr. Bibb in support of it, Mr. Van Horn's motion was negatived, Ayes 19.
Mr. Kennedy having called for the Yeas and Nays, on the passage of the resolution—
Messrs. Gardener and Randolph opposed it at length on the general ground of the inexpediency of legislative interference for the encouragement of manufactures; each gentleman appearing to consider it as a pledge, or commencement of a system, for fostering manufactures by legislative acts.
Mr. Quincy supported it as calling for information on which the House might legislate; as they could not properly legislate on any subject without information.
The question was then decided as follows:
YEAS.—Messrs. L. J. Alston, W. Alston, Anderson, Bacon, Baylies, Bard, Boyd, Breckenridge, J. Brown, Robert Brown, Burwell, Butler, Calhoun, J. C. Chamberlain, W. Chamberlain, Chittenden, Clay, Clopton, Cook, Cox, Crawford, Crist, Dana, Dawson, Desha, Emott, Eppes, Findley, Fisk, Franklin, Gannett, Gardner, Gholson, Goodwyn, Gold, Hale, Haven, Heister, Helms, Holland, Howard, Huff, J. G. Jackson, R. Jackson, Jenkins, Johnson, Kenan, Key, Knickerbacker, Lyle, Marion, M'Bryde, M'Kee, M'Kim, Miller, Milnor, Montgomery, N. R. Moore, T. Moore, Morrow, Mumford, Nelson, Newbold, Newton, Nicholas, Pearson, Pickman, Pitkin, I. Porter, Quincy, Rhea, (Ten.) Richards, Root, Ross, Sage, Sawyer, Say, Seaver, Shaw, Sheffey, G. Smith, John Smith, S. Smith, Southard, Stanford, Stanley, Talmadge, Tracy, Troup, Whitehill, Wilson, Winn, Witherspoon—92.
NAYS.—Messrs. Basset, Bibb, Blaisdell, Campbell, Champion, Cobb, Cochran, Davenport, Ely, Gardener, Goldsborough, Hubbard, Jones, Kennedy, Lewis, Livermore, Livingston, Macon, Matthews, Mosely, Nicholson, P. B. Porter, Potter, Randolph, Rea, (P.) Roane, Sammons, Stephenson, Sturges, Swoope, Taggart, Taylor, Thompson, Upham, Van Horn, Van Rensselaer, Wheaton, Whitman—38. And the House adjourned.
THURSDAY, JUNE 3.
Mr. Nelson reported a bill appropriating a sum of money for the completion of the Cumberland road.—Twice read and committed.
Mr. Love reported a bill to amend
which he stated; to which request the committee had acceded. The report was referred and made the order of the day for Monday next.
FORTIFICATIONS.
On motion of Mr. Burwell, the House resolved itself into a committee of the whole, Mr. Desha in the chair, on the bill to make appropriations to complete the fortifications commenced for the security of the ports and harbors of the United States, and to erect such fortifications as may be necessary for the protection of the Northern and Western frontiers of the U. States.
Mr. Burwell moved to fill the blank in the bill for the sum to be appropriated with the words one hundred and fifty thousand dollars . He said he deemed it proper to observe that by referring to the letter of the Secretary of War it would be found that of 450,000 dollars appropriated, there remained unexpended 185,000 dollars. The sum of 150,000, in addition to this, would make about 333,000 dollars for the expenditure of this year. At the last session of Congress, when the situation of the country was extremely different from what it now was, only the sum of 450,000 dollars had been appropriated; so that 150,000 dollars would not, with the surplus remaining unexpended, be too little for the service of the remainder of this year. And on the other hand, as it was contemplated to retrench somewhat the expenses of the military and naval establishments, it would not exceed the general estimate of the expense of defensive operations for the present year. From the movements among the Indians and the resolutions of the Legislature of Kentucky calling upon the government for the erection of fortifications on the Western & Northern frontier, it had been tho't proper to give the President a discretionary power to erect new fortifications there. It would scarcely be necessary to say any thing to the House on the propriety of finishing those already commenced. Were Congress to stop at this time, it would be very evident that they would tumble into ruin; and the money so expended would in fact be thrown away.
Mr. Holland said he was certainly opposed to filling the blank in the bill with so large a sum. It was generally allowed that we should stand in need of all the money in the Treasury, and not a single cent ought to be appropriated but for matters of the first necessity. Where was the necessity of appropriating so large a sum of money to complete the works already begun? If it was necessary to complete them, he conceived that there was a way in which they could be erected at a less expence than at present, and that was by the standing force of the country. There were upwards of 6000 troops in the service of the United States, who passed their time in perfect idleness. Why had not a part of their time been devoted to this object? They certainly could not be better employed. A small portion of the time of the soldiers thus employed would conduce to their health; it would also reconcile the people to the military, and contribute to do away the odium attached to them. Mr. H. concluded by moving to fill the blank with 15,000, which with 185,000 unexpended, would make 200,000 dollars, sufficient to expend before the next meeting of Congress.
Mr. Cook was in favor of a larger sum than that proposed. He did not know that the military were not already employed on fortifications; but even if they were, the expenses for materials were much greater than the expence of workmanship. The best mode of preventing war, he said, would be to be prepared for it. And if not, should our preparations be now relaxed, until we had better assurances of peace with foreign nations? He hoped not.
Mr. Fisk said he found by the report of the Secretary of War that the sum of $750,000 would be sufficient to cover the expenditures of the present year, and most probably to complete the fortifications already commenced. It was now said by the
The Secretary had called for 750,000 dollars for the present year. If 150,000 only were appropriated, it would amount to an abandonment of the works already commenced; the artists employed must be discharged, and it would be almost impossible to get them together again. It did not follow, if 750,000 should be more than necessary, that the money would be drawn from the Treasury. On the contrary there was now an unexpended balance of 185,000 dollars remaining in the Treasury of the last appropriation. He moved to fill the blank with 750,000 dollars.
At this moment a bill was received from the Senate making an appropriation for fortifications, &c.
The committee rose and the bill from the Senate was committed to the same committee, which immediately took it into consideration.
[The bill appropriates seven hundred and fifty thousand dollars for completing the fortifications commenced, and erecting new fortifications on the northern and western frontiers.]
Mr. Newton moved to amend the bill by inserting the word "Eastern" between the words "Northern" and "and," with a view to the erection of fortifications in Virginia and elsewhere.—Negatived.
Mr. Burwell moved to strike out seven and insert one hundred and fifty , &c.
This motion was negatived in the committee, and the bill having been reported to the House, it was renewed.
This motion gave rise to a debate of two or three hours, in which Messrs. Ross, Gardener, W. Alston, Newton, Dana, Gold, Talmadge, Quincy, Fisk and Emott, opposed the motion; and Messrs. Holland, Burwell and Gholson supported it. [This debate hereafter.]
And on the question of striking out the word "seven" with a view to insert one , the votes stood as follows:
YEAS.—Messrs. L. J. Alston, Bard, Basset, Bibb, Boyd, Robert Brown, Burwell, Butler, Calhoun, Clay, Clopton, Cochran, Crawford, Crist, Cutts, Desha, Eppes, Franklin, Gannett, Gholson, Goodwyn, Holland, Johnson, Kenan, Kennedy, Love, Lyle, Macon, Montgomery, T. Moore, Morrow, J. Porter, Randolph, Rea, (Pen.) Richards, Roane, Sawyer, Seaver, Shaw, Smilie, J. Smith, S. Smith, Southard, Stanford, Swoope, Whitehill, Winn, and Witherspoon—47.
NAYS.—Messrs. W. Alston, J. Brown, Campbell, J. C. Chamberlain, W. Chamberlain, Champion, Chittenden, Cook, Cox, Dana, Davenport, Dawson, Ely, Emott, Findley, Fisk, Gardener, Gardner, Goldsborough, Gold, Hale, Haven, Heister, Helms, Howard, Hubbard, Huff, R. Jackson, Jenkins, Jones, Knickerbacker, Lewis, Livermore, Livingston, Lyon, Marion, Matthews, M'Bride, M'Kim, Miller, Milnor, N. R. Moore, Mosely, Mumford, Nelson, Newbold, Newton, Nicholas, Nicholson, Pearson, Pickman, Pitkin, P. B. Porter, Quincy, Rhea, (Ten.) Root, Ross, Sage, Sammons, Say, Sheffey, George Smith, Stanley, Stedman, Stephenson, Sturges, Taggart, Talmadge, Taylor, Thompson, Tracy, Troup, Upham, Van Horn, Van Rensselaer, Weakley, Wheaton, Whitman, and Wilson—84.
So that the House refused to insert a smaller sum than seven hundred and fifty thousand dollars .
And the bill was ordered to be read a third time to-morrow.
RECRUITING SERVICE SUSPENDED.
A bill was also received from the Senate to suspend for a limited time the recruiting service of the United States. [This bill proposes a suspension of the recruiting service till twenty days after the next meeting of Congress.]—Twice read and committed.
UNION RIFLE GUARDS!
YOU are hereby requested to attend a Meeting of the company, on Saturday the 10th inst. precisely at eight o'clock, at Capt. Jones' Pennsylvania Avenue. ALL
SENATE—JUNE 7.
The bill to suspend, for a limited time, the recruiting service was read the second time and ordered to be engrossed for a third reading.
This bill suspends until twenty days after the next meeting of Congress so much of the act to raise an additional military force, as authorises the enlisting men for a term of five years; with a proviso, authorising the President to cause enlistment to recommence, during the recess of Congress, if in his judgement the public service shall so require.
The bill making further appropriations to complete the fortifications commenced for the security of the ports and harbors of the U. States and to erect such fortifications as may be necessary for the protection of the Northern & Western frontiers of the U. S. was likewise ordered to be engrossed for a third reading.
JUNE 8.
The bill to suspend for a limited time the recruiting service was passed.
The bill making further appropriations for fortifications was likewise passed. This bill appropriates 750,000 dollars.
Mr. Anderson, from the committee appointed on the 25th of May, to enquire whether it be expedient at this time to make any modification of the laws relating to the army and navy of the United States, reported a bill, the object of which is to authorise the President to sell the gun-boats; which was ordered to a third reading.
WASHINGTON CITY.
FRIDAY, JUNE 9.
The Sloop of War, the ENTERPRIZE, will sail without delay from the port of New York for Holland, and will be stationed off the Texel, to afford information to the Commanders of the merchant vessels of the United States, as to the ports of Holland and of the North of Europe to which they may safely proceed with their cargoes.
On Monday the annual Election for members of the City Council was held; and on Tuesday the ballots were opened and counted, when we understand the following gentlemen were declared to be elected.
First Chamber. Second Chamber. S. N. Smallwood, John Dobbin, Wm. Prout, N. L. Queen, A. Lindsay, Elec. Middleton, Joseph Parsons, A. Kerr, John Law, J. S. Stevenson, Alex. M'Corrnick, G. Higdon, Joseph Cassin, D. Rapine, J. M'Clelland, T. Craven, John Sinclair, P. Bradley.
Edward Lloyd is elected Governor of the state of Maryland for the remainder of the current year.
The votes for Governor and Lieut. Governor of Massachusetts having been officially counted, it appears that for Governor,
Christopher Gore, fed. had 47,916 Levi Lincoln, rep. 45,118 And that for Lieut. Governor David Cobb had 47,540 Joseph B. Varnum 44,729
It is with unfeigned regret that we announce the death of Dr. James Woodhouse, Professor of Chemistry in the University of Pennsylvania. Science has sustained no mean loss by this early death of one of her distinguished sons. Gifted with a penetrating observation, and an ardent zeal, his early labors promised an abundant harvest.
New-York, June 5.
The Montreal Courant of the 22d ult. contains an account of an unpleasant occurrence that took place on the 1st ult. at Elizabeth-town, in Upper Canada. An American vessel, bound from Ogdensburg, in the state of N. York, to Oswego, anchored in a bay on the British side of St. Lawrence, haying on board capt. Wm. P. Bennett of the 6th United States regi-
ing to Cadiz. Another French division was marching along the coast of the Mediterranean; and it was supposed these two divisions would form a junction and proceed immediately to attack Cadiz. Five British ships of the line were there, preparing to take off the French fleet. All the French prisoners had been sent to Minorca and Majorca. King Joseph remained at Madrid. A division of the French army had entered Portugal, and taken Oporto, with all the shipping in the harbor. It was said that a British army of 25,000 men were in Lisbon.
Captain Burr has brought dispatches for the Secretary of State.
Extract of a letter from a gentleman of extensive political information to his friend in this city, dated "Cádiz, 19th April."
"The political state of this country and Portugal I consider better than it has been for some time past. The French army, which had penetrated as far as the borders of this province, and even at one time threatened Seville, has (from some unknown cause) again retroceded, and has taken its position on the Guadiana; whilst Gen. Cuesta, who commands the Spanish army opposed to it, again advances, receiving reinforcements daily; and by the last night's post we hear that the French continue their retreat. Catalonia is evacuated, Barcelona excepted. Vigo has been retaken, with 1300 French. Galicia has risen generally, and has gained some important advantages under their leader the marquis Romana; while Asturias is in arms, without exception as to age or quality."
The American ships detained at Algeciras have been released, and have sailed from thence. Payment has been received for such part of their cargoes as had not been taken by the governm.
IN COMMEMORATION OF THE FOURTH JULY, 1776.
THE Democratic Citizens of the District of Columbia, are requested to meet at Lindsay's Hotel, on Saturday the 10th inst. at 6 o'clock P. M. to form arrangements for celebrating the anniversary of that day, on which the declaration of our national independence was signed. A day which will be forever distinguished as the great precursor of our democratic constitution, and the primary cause of the republican triumphs of the 4th March, 1801, and 1805. June 1—31.
THE PUBLIC Are respectfully informed, that THE WASHINGTON THEATRE
Will open on Tuesday, June 13, 1809, With the Celebrated Comedy, called
TOWN AND COUNTRY;
OR, WHICH IS BEST?
And the Musical Entertainment,
THE PRIZE;
OR,
2, 5, 3, 8.
** Price of admission—Box, one dollar; Pit, seventy-five cents.
The doors will open at six, and the curtain rise at seven o'clock precisely. June 9—2.
TO BE LET ON GROUND RENT, FOR 99 YEARS (renewable for ever), On Saturday the 24th inst. (June) at the toll house of the Washington Bridge, at five o'clock in the evening.
A CONSIDERABLE PART, if not the whole, of square 327, fronting on Maryland Avenue, which leads from the bridge over the Potomac to the Capitol, and contiguous to the foot of the bridge. The square will be laid out into convenient lots, so as to suit those who are disposed to rent.
This square being in a most healthy, high and dry situation, and immediately on a great thoroughfare of the city, it is unnecessary to dwell on the probable advantages it will afford for business or for houses of public entertainment. The title is indisputable. S. SPEAKE, Attor.
N. B. At the same time will be rented, for one or three years, the Wharf and Warehouse below the bridge, on square 472, lately in the occupation of Gilliam Coombs. June 9—dts. S. S.
RUMULUS HIGGS, Has just received and opening at his New Cash Store, a complete and well selected assortment of
SEASONABLE AND FANCY GOODS, Which being purchased for money, gives him the opportunity of offering the same at Baltimore and Philadelphia Prices . As he is determined to sell for very small profits. He intends keeping on hand a good assortment of Goods, to be sold by the piece; and those who purchase to sell again, will be furnished at as low rates as they can purchase in any market in the United States, being determined to sell.
CASH GIVEN FOR TOBACCO Inspected at the Georgetown Warehouse.
FOR RENT, THE upper part of the House I now occupy, which has Six well furnished Rooms, and every necessary back building, all newly furnished and in complete order. The rent will be low for a rented house. If any

FOR SALE OR LEASE FOR A TERM OF YEARS, MY MANUFACTURING MILL , on Neabsco run, near the stage road, and very convenient to navigation, now in complete order, having two pair of burrs, and all the newly invented machinery, and can grind from 50 to 60 barrels of flour in the 24 hours—Besides the crops of wheat of the subscriber on Potomac, which can always be had at market prices; this mill is conveniently situated to a fine farming back country. There is attached to the mill two acres of land; a good gristmill and miller's house (more land though can be had if desired); any person desirous of such property, can be informed all about it on application to my agent, Thomas T. Page, at Neabsco, near Dumfries, Virginia. JOHN TAYLOR. June 5—3.
NOW OPENING AND FOR SALE, AT R. C. WRIGHTMAN'S Book-Store, Pennsylvania Avenue, a hand- some assortment of Books, and Stationery, amongst which are the following: LAW BOOKS. Harrison's Chancery, 2 vols. Sugden's Law of Vendors, Newland on Contracts, Roe on Fraudulent Conveyances, Kid- on Awards, Selwyn's Nisi Prius, 3 vols. Maxwell's Law Dictionary, Watson on Partnership, Butler's Horae, etc. Burrow's Reports, 3 vols. Admiralty Decisions, 2 vols. Douglas' Reports, 2 vols. Robinson's Ad- miralty Reports, 5 vols. Roberts on Frauds, Amesley on Insurance, Brady on Distresses, Peake's Evidence, Burlemarque on Law, 2 vols. Brooke on Real Actions, Noy's Max- ims, Jones on Bailment, Montague on Set- off, Pothier on Obligations, M'Nally's evi- dence, 2 vols. Peake's Nisi Prius, Vernon's Chancery, 2 vols. Lawes on Pleading, Pow- ell on Leases, Park on Insurance, Cruise on Real Property, 5 vols. Plowden's Re- ports, 2 vols. Hale's Common Law, Notes to Blackstone, Burne's Justice, 4 vols. Attor- ney's Manual, Rye on Bills, Burne's In- surance, East's Crown Law, 2 vols. Foster's Reports, Dallas' Reports, 3 vols. Study of Law, Burr's Espinasse, 2 vols. Buller's Nisi Prius, Gilbert's Law of Evidence, Gray- don's Digest, Tidd's Practice 2 vols. Espi- nasse's Nisi Prius, 2 vols. etc. etc. MISCELLANEOUS. Capt. Fauntleroy's Memoirs, Montgomery's Poems, Chappell's Chemistry, Barton's St. Pierre, 3 vols. Burne's Obstetrical Works, Hansard's Washington, Campaigns of Bon- aparte, 3 vols. Virgil's Georgics, Complete Farrier, Military Tutor, Lacroix's Military and Political Hints, Military Mentor, 2 vols. Military Library, by Lt. Col. Duane, 2 vols. and 1 vol. plates, Kosciusko's Manoeuvres of Horse Artillery, Rollin's Ancient History, 3 vols. 8vo. Lemercier's Classical Dic- tionary, Aiken's Annual Review for 1807, Edinburgh Review for October 1808, etc. McCulloch's Music, Irish Melodies by An- drew Moore, etc. etc. NEW NOVELS. Woman, or Ida of Athens, by Miss Ow- enson, Pardon of Warsaw, by Miss Por- ter, Laura, Exiles of Siberia, Match Girl by Mrs. Elizaworth, 3 vols. etc. MINIATURE EDITIONS. Sharpe's British Theatre 18 vols. Zimmer- man on Solitude, 2 vols. Iliad, Odyssey, Roderick Random, Rasselas, Old English Bacon, Pope, Dryden's Virgil, Ossian, Thom- son's Seasons, Gulliver, Cotton and Moore, Akenside, Gray, Petrarch, Shipwreck, Ste- vens's Lecture on heads, Dictionaries in Or- namented cases, etc. A general assortment of paper, quills, etc. Wholesale and retail. Arrowsmith's maps of Europe, and Ame- rica, on rollers, and in portable form, Writ- ing Secretaries, Mathematical Instruments, etc. etc. Printing Ink of the first quality. A few boxes of best Havana Segars. June 5—6t.
A RUNAWAY. COMMITTED to my custody as a run- away on the 4th day of March last a Negro man who calls himself DICK, about 5 feet 7 or 8 inches high, well made, black complexion—had on when committed a country cloth jacket and trowsers, yellowish color Fursay wove, says he formerly belong- ed to a certain John Watson of Charles County, by whom he was sold to a negro trader from the state of Georgia, and from whom he made his escape in the winter of 1808, and whose name he does not remem- ber. His owner is desired to prove his pro- perty, pay charges, and take him away, or he will be sold as the law directs. NOTLEY MADDOX, Sheriff of Prince George's County, Md. June 5—3t.
ROBERT ELLIS, Near the Navy Yard Gate, respectfully informs the public that he has commenced the profession of CONVEYANCER in all its branches, where every kind of instru- ment of writing is prepared with neatness, correctness, and on moderate terms—settles and adjusts books—draws out accounts, etc. He begs leave to observe, that for the last eleven years and upwards, he was first book-keeper in the office of the Accountant, Department of War. For sale at the above place, A general assortment of wines and spiri- tuous liquors, with almost every article in the Grocery line. June 5—3t.
FOR SALE AT PUBLIC AUCTION, On the Premises on the 15th day of June next, at 10 o'clock in the forenoon. LOTS No. 16 and 17, in No. 101, in the city of Washington, together with the Buildings thereon standing. Said property is directly opposite Mr. Wm. O'Neal's houses near the West Market, and is most advantageously situated, it being the estate formerly owned by Mr. Samuel Wilson, dece- ased. The terms of payment are one fourth cash in hand, the remainder divided into three equal annual payments with inter- est annually on these three payments which are to be secured by good notes negotiable Bank and a mortgage on the property. Also at the same time and place, TWO SHARES in the Theatre. April 7—2t.
AUCTION NOTICE. THE subscriber having for two years past re- a considerable share of public patronage, in consequence thereof, he re- turns his sincere thanks, respectfully in- forms his friends and the citizens generally, that he has taken out a licence for the cur- rent year, under the act authorising public auctions in the city of Washington. He hopes from a candid and punctuality to re- ceive a continuance of their favours. S. SPEAKE, Auctioneer. June 2—3t.
District of Columbia, Washington County, to wit: ON the petition of JOHN STEPHEN an insolvent debtor, confined in the pri- son of Washington county aforesaid for debt—Notice is hereby given to the credi- tors of the said John Stephen, that on the 12th day of June next, at the hour of 9 o'clock A. M. at the court room in Long's Tavern, in the city of Washington, the oath prescribed by the act of Congress, entitled "An act for the relief of insolvent debtors within the district of Columbia," will be administered to the said John Stephen, and a trustee appointed, unless sufficient cause be then and there shown to the contrary. Ordered, That this notice be published in the National Intelligencer, the Washington Federalist and the Alexandria Advertiser three times in each paper before that day. By order of the Hon. Wm. Cramb, chief judge of the circuit court of the District of Columbia. WM. BRENT, Clk. June 5—3t.
WASHINGTON BRIDGE COMPANY. —NOTICE IS HEREBY GIVEN— TO the STOCKHOLDERS of the Wash- ington Bridge Company, that the FIFTH INSTALMENT of TEN dollars on each share is hereby called for, which must be paid on or before the 15th of June next, agreeably to the act of Congress, entitled, "An act authorising the erection of a Bridge over the river Potomac, within the District of Columbia." By order of the Directors, DANL. CARROLL of Dud. President. May 26—dt15th Jun.
HAVING received a large supply of Prime Materials in his Line, has it in his power to supply BOOTS on as good terms and as faithfully made, as any of his Profession in this District. He will always acknowledge with gratitude the kindness of those who may favor him with their custom, and from a sense of duty engages that nothing on his part shall cause them to regret any confi- dence reposed on his skill and punctuality. N. B. He has for sale SOAL and UPPER LEATHER, English BEND SOLES, with every article in the finding line, and some very nice Skirting for Saddles. May 21—9t.
SEBASTIAN SPRING. SITUATED near the new turnpike road between Washington and Alexandria, about three quarters of a mile from the Washington Bridge. The Subscriber has opened a House of Entertainment for the accommodation of travellers, the citizens of both places and their vicinity—Public Dinners and Tea Parties, &c. &c. will be furnished on a short notice in the stile required. He will always keep supplied with the best of Madeira, Port, Claret and Cham- pagne—and will endeavor generally to keep the dainties of the season. A private room will be kept for the accomodation of La- dies. Ladies can be supplied with Syllabub un- der the Cow every morning until six, and every evening until seven o'clock. He flatters himself that the encourage- ment he may receive, will enable him to extend his present plans. A. LINDO. N. B. Just received from New-York, a fresh supply of Champaign, Burgundy and Old Hocks. Strawberries and Cream, while in season, every afternoon. If for a large party a day's notice is requested. ** Liberal wages for one or two smart boys. May 24—4t.
WEISKOPF and KELLER, CONFECTIONERS, High Street, George-Town, BEG leave to inform the ladies and gen- tlemen of the city of Washington, that they will be daily supplied with ICE CREAMS, to be served up either at their store or privately by giving a previous no- tice thereof. They will constantly be supplied with the various articles of confectionary, preserves, and cordials of an exquisite taste. Ladies and gentlemen who will please to favor them, will meet with an anxious de- sire to give general satisfaction. May 26—12t.
BOOT-MAKING. JOHN MINCHIN, BOOT-MAKER, New Jersey Avenue, near the Capitol, has on hand and manufactures, BOOTS of the first quality, of the best materials and workmanship, and equal in neatness and durability to any in the United States—he can employ FIFTY MEN more to make strong shoes, to whom constant employ- ment and good wages will be given. May 24—1m.
LEGIONARY COURT. A Legionary Court of Enquiry for the first Legion of Militia of the District of Columbia, will be held on Saturday the 10th inst. at the house of William Rhodes in this city, at 4 o'clock P. M. June 7—2t.
50 WASHINGTON BRIDGE SHARES. WILL be Sold on the Bridge by Public Auction on next Saturday afternoon (10th June) at 5 o'clock precisely, fifty shares of the above stock, for cash or approved endorsed notes at 60 days. They will be offered in lots to suit purchasers—A instalment of 10 dollars each have been paid thereon. N. B. At 10 o'clock in the morning of the same day I shall offer for sale at Long's hotel an elegant Saddle Horse, and one new silver watch. S. SPEAKE. June 7—2t.
MRS. THOMPSON, IN THE SIX BUILDINGS, Can accommodate a few more Gentlemen, or a family, with good bed-chambers and the use of a drawing room, with carriage house and sta- bles. May 31—6t.
THIS is to forewarn all whom it may con- cern from crediting any person on my account, as I am determined to pay no debts contracted by any person but myself after this day. JAMES HODDLINGTON. June 7—3t.
CHARLES J. NOURSE Offers for sale—Chateaux Margaux Claret in boxes of 1 dozen. Genuine Old London Particular wine in half pints and quarter casks. Best Sallad Oil in baskets of 6 bottles each, 5c. 6c. 7c. George Town, May 24—4t.
FORTY DOLLARS REWARD. RANAWAY from the subscriber living in Essex, about 12 miles below Tappa- hannock, a likely negro man named CHARLES. Of a dark complexion, large white eyes, large black whiskers, inclined to be bow leg- ged. Had on when he went away, a dark great coat lined with green baze, and took with him sundry other clothing that at pre- sent cannot be recollected. He has a wife living at Capt. Henry Gamet's in this coun- try—his mother belongs to Mrs. Blair in Fredericksburg. It is probable he may be lurking about one or other of these places. The above re- ward will be paid for apprehending and de- livering the above described fellow to me, or securing him in any jail so that I get him again. If taken out of the state of Virginia. If taken within the state, I will give a twenty dollars for his apprehension and delivery. JAMES ROY. Letters directed to me, at Tappahannock, Virg. will be attended to June 7—3t.
GRAND NATIONAL FESTIVAL FOR THE FOURTH OF JULY, 1809. THE subscriber proposes, should it be approved of by the citizens of the district of Columbia, to furnish a dinner for a number not exceeding 500 persons, in the grove adjoining his spring, which forms a beautiful shade and will be covered with a thousand yards of canvas handsomely dec- orated. He also proposes illuminating the grove in the evening with variegated colored lamps, and to conclude the mirth of the day with fire-works. The best band of music that can be obtained will be procured to assist in the grand festival. Should his plan be approved of, an early notice would be necessary, in which case the co-operation of two gentlemen of the district in his line of business will be solicited. A. LINDO, Sebastian Spring. June 7—.
AT PUBLIC SALE. WILL be sold on Thursday the 15th in- stant, at 11 o'clock A. M. at Lindsay's Ho- tel, on Pennsylvania Avenue, Lot No. 15 in square 489, in this city, either whole or di- vided into two equal parts of 25 feet 6 1-2 inches each, in front, and nearly one hun- dred feet in depth, as will best accom- modate purchasers. The premises are ele- gantly situated, east of the Great Hotel, in an elevated position, fronting on the Judi- ciary square, and commanding a most inter- esting and extensive view. The terms of sale will be one third cash in hand, another third at 60 days, and the remainder at 90 days. The two last payments to be secured by approved and endorsed notes, negotiable at the bank. June 7—tds.
FOR SALE. THE SHIP ALLEGANY, 341 61-95 tons burthen by Register, Now laying at the mouth of the Eastern Branch, in complete order to receive a cargo, and may be sent to sea without expence. She had a complete repair—Dock at Green- nock on her last voyage. If not sold before Saturday the 10th inst. she will on that day be put up at public sale at Alexandria. Par- ticulars may be known by application to the captain on board, or at the counting house of the subscriber, opposite to Mr. Semmes' Tavern, in George town. ANDREW SMITH. June 7—2t.
TO BE SOLD AT PUBLIC AUCTION, At Northumberland court house, in the county of Northumberland, and state of Virginia, on Tuesday the 5th of Septem- ber next, at 11 o'clock in the forenoon, five contiguous plantations, amounting together to about 2,700 acres, situate on the river Potomac, and within about three miles of the court house. These estates formerly belonged to Presley Thornton, Esq., and are the same on which he lived. They have ne- ver been seen by either of the subscribers, but it is understood, that about 1700 acres of them are as valuable low grounds as any on the river, and a considerable part there- of heavily timbered. The uplands consist of about 1000 acres, and the whole is well calculated for the production of corn, wheat, tobacco, timothy and small grain of all kinds, in great abundance. The waters are said to abound with excellent fish, oysters and wild fowl. The water carriage is easy and convenient to Norfolk, Baltimore, Alex- andria and the city of Washington; and as these estates possess several good mill seats, with an abundance of water and a plentiful supply of timber, they must be very valuable. The premises will be shown to persons in- clining to purchase, by col. James Moore, who lives on them, or by Samuel Blackwell, Esq. who lives near to them; and the terms of payment may be known a sufficient time before the sale, by applying to either of them, or to THOMAS ROBINSON, Near Chester, Delaware, Or to W. LEWIS, at Phila. June 7—tds.
TWENTY DOLLARS REWARD. RANAWAY from the subscriber living in Alexandria, on the 22d ult. THO- MAS BURNETT, an apprentice to the sail making business, about nineteen years of age, five feet three or four inches high, fair complexion, and has but little to say except when spoken to. As his mother keeps house for a Mr. Clark, up Rock Creek, into Montgomery county about 12 miles, I ex- pect he may be found there or thereabouts. The constables of this and the adjoining counties are requested to pay attention to this advertisement. The above reward will be given to any person who will secure him so that I get him again, or if brought home all reasonable charges will be paid. All persons are forewarned from harboring, em- ploying, or carrying him away, as I am de- termined to put the law in full force against any such offender. DANIEL M'DOUGALL. June 7—3t.
WALTER COX, Has just received for sale at T. Clancy's Store, Navy Yard, a valuable collec- tion of books On Law, Physic, Divinity, History, Voyages, Novels, low priced Family Bibles, and School Books. June 2—7t.
A GENERAL price will be given for four or five likely NEGROES, boys or girls, between twelve and fifteen years old. Enquire of the printer. June 7—3t.
WALTER COX, Has just received for sale at T. Clancy's Store, Navy Yard, a valuable collec- tion of books On Law, Physic, Divinity, History, Voyages, Novels, low priced Family Bibles, and School Books. June 2—7t.
A GENERAL price will be given for four or five likely NEGROES, boys or girls, between twelve and fifteen years old. Enquire of the printer. June 7—3t.
BATH. THE trustees for the town of Bath, Ber- kley County, Virginia, think it their duty to state to the public that the old tim- bers which formed the Bath and lower part of the Bath House have been removed and their places supplied with new baths, trunks, &c. built with sound timber, which will no doubt add to the health and pleasure of persons who may visit the place the ensu- ing season. The inhabitants have promised that cleanliness shall be strictly attended to, so that nothing will remain to affect the health of the place. Ebenezer Colston,  Elisha Boyd, David Hunter,  John Baker, Henry St. Geo. Tucker,  Philip C. Pendleton, Alfred H. Powell,  Henry S. Turner, Hugh Holmes,  Adam S. Dandridge, Trustees. June 7—3t.
WILLIAM S. NICHOLLS, Has just received from Philadelphia, AND OPENED FOR SALE, At his Store, opposite the Coffee House, an extensive assortment OF SPRING & SUMMER GOODS, Which being purchased on the very lowest terms—principally for cash—he will sell them as low as any person in this place. His assortment has generally been very complete; but he can assure his friends that it is better this spring than usual. He has many goods which he will sell by the piece lower than can be had in this place. Purchasers who wish to buy to sell again, will find it to their advantage to call on him. George-Town, May 29—3t.
FOR SALE AT PUBLIC AUCTION, On the Premises on the 15th day of June next, at 5 o'clock in the afternoon. LOT No. 3, in Sq. No. 161 in the city of Washington together with a Dwelling House and Slaughter-House thereon. Said property is well situated for a butcher. A fine run of water passes near it. It was former- ly owned by Daniel Guyer. Terms of pay- ment, one fourth cash in hand, one fourth payable in six months from the sale with interest, one fourth payable at the end of 12 months with interest and the remainder payable at the end of 18 months with inter- est. Said payments are to be secured by good notes negotiable at the Bank and a mortgage on the property. April 17—tds.
CHARLES H. VARDEN, MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and Public in general, that he has received by a late ar- rival from Philadelphia, a Choice Assortment of superfine Cloths, Cassimeres, single and double milled, superfine Coatings, black silk Florentines. Likewise an elegant assortment Sponcleets & rich silk Moleskins for Waist- coats with a variety of other articles suitable for the season. Regimentals and Navy Uniforms made in the most elegant and uniform stile of fashion. Richard Horwell's celebrated PATENT PARALLEL SUSPENDERS far superior to any hitherto in use can be had on the same terms retail, as at his Manufactory. November 27—4t.
CITY AUCTIONEERS. THE subscribers beg leave to inform their friends and the public, that having given the security required by law, they ob- tained a license to sell goods, wares and merchandise at vendue in this city. To accom- modate those who may be pleased to employ them, they have taken a commod- ious house in the street directly opposite the Marine Barracks, and from their close at- tention to business, they flatter themselves that they will give general satisfaction. NICHOLAS L. QUEEN, HENRY M. QUEEN. May 29—4t.
MRS. LYLE. BEGS leave to inform her friends, that her residence is on NEW-JERSEY AVENUE, in the house formerly occupied by Mr. Law, which is sufficiently large and commodious to accommodate ten or twelve more young ladies, as boarders in her academy. June 5—3t.
PUBLIC SALE. VALUABLE UNIMPROVED LOTS In the city of Washington, for sale at Auc- tion on the 10th June, 1809, AT RHODES' HOTEL, at 3 o'clock. 5 Lots in sq. 219, Nos. 3, 4, 6, 10 and 11; the two first are situated on an eminence in direct view of the President's House with a beautiful prospect of the river Potomac; they are in a very salubrious situation, and excellent water can be procured at a small expence. For a gentleman's dwelling house, there is not a superior spot in the whole city. 3 Lots in sq. 168, Nos. 9, 10 & 11; the situation of these lots is valuable for business. They lie in the neigh- borhood of Dr. Elizey, Caleb Swann, John Tayloe and many others; No. 9 is a corner lot, well situated for a store, it being in the thickest settled part of the city and near to the War Office; the adjoining lots are built on. 3 Lots in sq. 458, Nos. 1, 2, 3, these lots are situated back of Mr. Weightman's book store and Lindsay's hotel and are contiguous to the public market. The plat of the foregoing squares and lots can be seen by applying to the subscriber, who will show the premi- ses. Little indisputable. SAM. SPEAKE, Auctioneer. N. B. The above property will be shown to persons inclined to purchase, on application to Samuel Speake, previ- ous to the day of sale. May 19—
A CARD. MR. DU'ORT, respectfully informs the ladies and gentlemen of Georgetown and Washington, that he will open his Dancing School on Tuesday 6th inst. at Mr. A. Ri- chies, High Street, Georgetown. The sub- scription paper is left at J. Miligan's Book- store, where ladies and gentlemen will be so to apply previous to that time. Mr. D's engagements will not permit him to re- main longer than three months. N. B. School for ladies at 4 o'clock P. M. gentlemen at half past seven. No scholars can be admitted after the first week or fourth lesson. June 2—6t.
MR. DU'ORT, respectfully informs the ladies and gentlemen of Georgetown and Washington, that he will open his Dancing School on Tuesday 6th inst. at Mr. A. Ri- chies, High Street, Georgetown. The sub- scription paper is left at J. Miligan's Book- store, where ladies and gentlemen will be so to apply previous to that time. Mr. D's engagements will not permit him to re- main longer than three months. N. B. School for ladies at 4 o'clock P. M. gentlemen at half past seven. No scholars can be admitted after the first week or fourth lesson. June 2—6t.
MR. DU'ORT, respectfully informs the ladies and gentlemen of Georgetown and Washington, that he will open his Dancing School on Tuesday 6th inst. at Mr. A. Ri- chies, High Street, Georgetown. The sub- scription paper is left at J. Miligan's Book- store, where ladies and gentlemen will be so to apply previous to that time. Mr. D's engagements will not permit him to re- main longer than three months. N. B. School for ladies at 4 o'clock P. M. gentlemen at half past seven. No scholars can be admitted after the first week or fourth lesson. June 2—6t.
UNITED STATES—DISTRICT OF COLUM- BIA, CC. N.Y. OF WASHINGTON, TO WIT: In Chancery, December Term 1808. Benjamin Stoddert and John Mason, versus Thomas Waters Griffith, John R. Livingston, Jonathan Burrell, Goubaut and Dodrey, James C. Montflorece, J. I. Picard, James Davidson, Robert R. Livingston and Daniel Parker. THE bill states that the defendant Tho- mas Waters Griffith was the agent of the house of Taney and Simmond for the delivery of a cargo of flour belonging to the said Taney and Simmond to the French government—that the French government not being able to pay ready money for the said cargo the balance due thereon from the said government was placed to the credit of the said Griffith the agent, instead of being placed to the credit of the real owners Taney and Simmond; that the debt so due had been liquidated under the Lou- isiana Convention in the said Griffith's name, for the sum of one hundred and ninety thou- sand two hundred and seventy five francs French money of the value of 35,675 dollars; that the said Thomas Waters Griffith, now resid- ing and for several years past having resided in Baltimore city in the state of Maryland well knowing all the circumstances men- tioned in the complaints said bill, and that the debt aforesaid was liquidated in his name in Paris, under the Louisiana Conven- tion, was in truth and in fact a debt due to the said complainants, as the trustees of Francis Lewis Taney, and Taney and Sim- mond, did execute a writing transferring all the interest of said Griffith in the said debt due to the complainants as trustees aforesaid; that notwithstanding the above circumstances the said Griffith did employ James C. Montflorece of Paris to receive for his own account and use the aforesaid debt which actually belongs to the said com- plainants as trustees aforesaid; & the said Montflorece did actually receive the bills of the Minister of the United States on the Treasury of the United States in part pay- ment of the said debt in four sets of bills drawn in favor of said Thomas Waters Grif- fith, and which bills have been fraudulently endorsed by the said Montflorece with a view as the said complainants believe to de- fraud them the said complainants, and under a real or pretended power from the said Grif- fith, & as his attorney to the said J. I. Picard, who endorsed the same over to John R. Li- vingston who has endorsed the same over to Jonathan Burrell, cashier of the Bank of Discount and Deposit at New York, who has endorsed them over to James Davidson, cashier of the Branch Bank of the United States in the city of Washington, who now holds the same for collection. The com- plainants further state that four other bills, for the balance of the aforesaid claim on the French Government, liquidated in the name of the said Griffith, but actually belonging to said complainants as trustees aforesaid, have been drawn in favor of Goubaut and Dodrey as transferees of Thomas Waters Griffith for thirty thousand francs, French Money of the value of 5,625 dollars, which said four bills have also been sent to the aforesaid James Davidson and endorsed over to him for collection, in the same manner as in the case of the four other bills herein recited. That all the aforesaid eight bills of exchange drawn by the American Minister at Paris on the Treasury of the United States under the Louisiana Convention for the debt liquidated in the name of Thomas Waters Griffith, are actually the property of said complainants as trustees aforesaid.
The object of the bill is to save and pro- tect the said complainants from the fraud projected against them on the part of the said Thomas Waters Griffith, and his coad- jutors, and to obtain a writ of injunction, directed to all the before-mentioned defend- ants, &c. and particularly to the said James Davidson enjoining him & command- ing him, from paying over to any person besides the said complainants, the money that may be paid by the Treasury of the United States, in virtue of the said bills of exchange, and particularly enjoining the said James Davidson from paying the said money arising from the said bills or parting with the said bills, until the further order of this Court in the premises. It is represented by the complainants that the said Thomas W. Griffith, John R. Li- vingston, Jonathan Burrell, Goubaut and Dodrey, James C. Montflorece and J. I. Pi- card, defendants in this cause, all reside out of the District of Columbia, and are not within the reach of the process of this Court. And whereas further, in the supplemental bill filed in this cause, in which bill the said Robert R. Livingston and Daniel Parker are made defendants, reciting the substance of the said original bill, further states that Dan- iel Parker, a non-resident of the District of Columbia who resides in Paris in France was concerned in the fraudulent assignment of the bills of exchange mentioned in the said original bill, that the said Parker at the time he procured the assignment of said bills knew that the claim for which the same were drawn was liquidated in the name of Thomas W. Griffith was the bona fide prop- erty of the complainants, and had been properly before transferred and assigned to them, and also that the said Robert R. Li- vingston is not a resident of the said District of Columbia, but resides in the state of New York, and is the person really claiming the proceeds of the said bills, and prays that he may be made a party to said bill and com- pelled to answer to the facts stated in the original bill—Also that said Parker may state the circumstances, attending the pre- tended transaction between Picard and Montflorece the defendants, whether he paid any consideration and what to Picard is Montflorece, and whether he did not know, or whether he had not received notice of the complaintants claim and right at the time of or before the said transfer. The object of the bill is to obtain a decree in favor of the complainants, ordering and decreeing the monies for which said bills are drawn, now in the hands of James Davidson, to be paid over to the said complainants as the assign- ees of Taney and Taney and Simmond, and to enjoin the defendants and each of them from paying over or receiving the same until the decision of the court in the premises. It is therefore ordered that the complain- ants cause A true copy of this order to be inserted in the National Intelligencer printed in the city of Washington, six weeks successively previous to the fourth Monday in December next, to the intent that the said defendants may have notice of this application, and of the object of this bill and to be warned to appear in this court, in person or by solicitor on or before the said fourth Monday of De- cember next, to show cause, if any, why a decree should not be issued as prayed. By order WM. BRENT, Clk. May 1