The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1804-12-10 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCXII.
FIVE DOLLARS PER ANNUM.
MONDAY, DECEMBER 10th, 1804.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE ON THE IMPEACHMENT OF JUDGE CHASE.
TUESDAY, DECEMBER 4.
The House proceeded to consider the report of the committee of the whole made yesterday, on the articles of impeachment against Samuel Chase .
Mr. Rodney had not been convinced of the necessity or propriety of the amendments adopted yesterday in committee of the whole. For his part he was inclined to believe the articles for every material purpose correct as they first stood. It will be remembered that in cases of impeachment by a legislative body we are not tied down to those forms and that technical precision, which in courts of law are so essential. The maxim is that they may express themselves in the common language of the country, in common parlance, or loquendum ut vulgus as it is stated in the books. Therefore the words on the trial of a person include every relative to the trial, it is so laid down by lord Hale, and he is followed in the opinion by all the able writers who have treated on this subject to the present day. All arrangements previous to the testimony, and argument, are as much a part of the trial as the arguments of counsel. So that were even technical phraseology required on this occasion, the language of the articles comes up to it in this particular. He hoped the House would refuse its concurrence to the amendments reported from the committee of the whole.
On the question for concurring with the committee, it passed in the negative, so that article the first remains unaltered, and the like fate attended the amendment proposed to article 4th.
Mr. Nicholson meant to require that the yeas and nays be taken upon each article separately.
Mr. R. Griswold would cheerfully join in the call as he wished to record his vote against every part of this very extraordinary proceeding.
The first article before the House. Mr. Lucas wished to ask if it would be at this time in order to propose an amendment to the first article. He was informed by the Speaker that such a motion was in order. He thereupon proceeded to move to strike out what related to the conduct of judge Chase in laying "to the disgrace of the character of the American bench." He moved this amendment from an impression that the improper conduct of one judge could not be a reflection upon the proper conduct of another judge. If he was one he should not consider himself disgraced because his colleague had acted improperly—if then one cannot be disgraced by another, much less can the whole be disgraced by the improper conduct of one. The word bench extends to the whole courts of the United States. He did not like either to use a figurative word for a legal one, such as the word bench for court; he did not rely much upon this, but he thought it serious a matter as that of impeachment ought to be cautiously expressed. Should judge Chase be convicted on this impeachment, he will be disgraced, but that disgrace will entirely rest upon his own head. He trusted that if his motion succeeded, there would still remain enough in the charge to make him highly reprehensible, if found guilty; for it is stated that his conduct was in manifest violation of law and justice, and in open contempt of the rights of juries.
Mr. Elliott was pleased with the ingenuity of the gentleman, but he hoped the motion would not prevail, and observed that if they were to have a discussion on every rhetorical flourish, on every trope or figure introduced in the report, they would not get through the business in an age. But the objection against the word bench did not apply, for he considered it one of the most chaste in the whole composition.
On the question the amendment was not carried. The question on agreeing to the first articles was taken by Ayes and Noes, which are as follows:
YEAS —Messrs. Alston, jun. Anderson, Archer, Bard, Bedinger, Bishop, Blackledge, Boyd, Boyle, Brown, Bryan, Butler, G. W. Campbell, Casey, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Cutts, Dawson,
Earle, Early, Elmer, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, Habbuck, Heister, Holland, Holmes, Jackson, Jones, Kennedy, Knight, Larned, Leib, Lucas, M'Coard, M'Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Mott, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, Patterson, J. Randolph, T. M. Randolph, J. Rea, of Pen. J. Rhea, of Ten. Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Williams, Wilson, Winn, Winton, and Wynns. 82.
NAYS —Messrs. Baldwin, Betton, J. Campbell, Chamberlain, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliot, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Hough, Hunt, Lewis, jun. Livingston, Lowndes, Mitchell, Plater, Purviance, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmage, Tenney, Thatcher, Tibbitts, and Wadsworth. 34.
The question on agreeing to the second article was taken by Ayes and Noes, and are as follows:
YEAS —Messrs. Alston, jun. Anderson, Archer, Bard, Bedinger, Bishop, Blackledge, Boyd, Boyle, Brown, Bryan, Butler, G. W. Campbell, Casey, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Cutts, Dawson, Dickson, Earle, Early, Elmer, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, Habbuck, Heister, Holland, Holmes, Jackson, Jones, Kennedy, Knight, Larned, Leib, Lucas, M'Coard, M'Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, Patterson, J. Randolph, T. M. Randolph, J. Rea, of Pen. J. Rhea, of Ten. Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Williams, Wilson, Winn, Winton, and Wynns. 83.
NAYS —Messrs. Baldwin, Betton, J. Campbell, Chamberlain, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliot, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Hough, Hunt, Lewis, jun. Livingston, Lowndes, Mitchell, Mott, Plater, Purviance, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmage, Tenney, Thatcher, Tibbitts, and Wadsworth. 35.
The question on agreeing to the third article was taken by Ayes and Noes, and are as follows:
YEAS —Messrs. Alston, jun. Anderson, Archer, Bard, Bedinger, Bishop, Blackledge, Boyd, Boyle, Brown, Bryan, Butler, G. W. Campbell, Casey, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Cutts, Dawson, Dickson, Earle, Early, Elmer, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, Habbuck, Heister, Holland, Holmes, Jackson, Jones, Kennedy, Knight, Larned, Leib, Lucas, M'Coard, M'Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Mott, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, J. Randolph, T. M. Randolph, J. Rea (of Pennsylvania) J. Rhea (of Tennessee) Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Williams, Wilson, Winn, Winton, Wynns. 83.
NAYS —Messrs. Baldwin, Betton, J. Campbell, Chamberlain, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliot, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Hough, Hunt, Lewis, jun. Livingston, Lowndes, Mitchell, Plater, Purviance, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmage, Tenney, Thatcher, Tibbitts, and Wadsworth. 34.
The fourth article being under consideration.
Mr. Elmer was not satisfied with that part of the article which charges the judge with criminal conduct in his choice of words in conflicting with the prisoners' counsel; the expressions on both sides might have been unusual and rude, for from the statement of the trial it appears that there was some considerable altercation, and he could not see from the evidence how far the conduct of the counsel for the prisoner was correct; perhaps they might have furnished some cause for reprehension or have excited such a sentiment in the mind of the judge. The other parts of the article he considered of the highest moment, and should give them his hearty approbation.
Mr. J. Randolph observed to the gentleman that he might attain his ob-
ject by moving to strike out the parts he disliked.
Mr. Elmer believed he could reach his object in that way, and thereupon moved to strike out the third and 4th sections of the article.
Mr. Jackson hoped the gentleman would not persist in his motion, and requested him to cast his eye over the 6th article of the amendment to the constitution, where he would find that the accused person has a right secured to him on his trial to be assisted by counsel in his defence.—If the counsel are deterred from rendering that assistance by the rude and insolent conduct of a judge, such judge may say peremptorily that counsel shall not be heard. It is the same thing in the end, and whatever way it is brought about it is a heinous crime on the part of the judge, who may in this way become paramount to both the law and the constitution if such things are permitted with impunity. In the present case he deemed the third and fourth sections to be of importance, and trusted that if the mover persisted, he would be defeated.
Mr. Elmer acknowledged that indubitably every man had a right to be heard by counsel in his defence, but a constitutional declaration on that point did not go to authorise counsel to insult the court; he did not say what was the aggravation or who gave it, but he observed in the testimony that much altercation had taken place between them.
Mr. Jackson called for the reading of Mr. Hay's testimony already quoted in committee of the whole.—It was read again.
Mr. J. Randolph hoped the House would not agree to strike out the paragraphs in question. To those gentlemen of the House who have the pleasure of knowing Mr. Hay , it will be deemed sufficient that he had made the statement just read, in order to be fully impressed with its truth. To those gentlemen who are not acquainted with him, an additional reason may be given for its truth. The fact is, that the conduct of the judge on the occasion stated in the article, was such as to excite universal indignation throughout Virginia, and it is believed throughout the United States. To allay this irritation and defend the judge's conduct, it has been supposed that the trial of Callender was published, but he the motives for publication what they may, it is a matter of great notoriety, that the gentleman who reported it, was a violent political partisan for the party then in power—and it was generally understood that the printed report of the cause tended to soften the public feelings, which had been excited against the judge by the relation of those who had been present at the trial; and on the point of treating the counsel rudely and contemptuously, it ought to be noticed that the reporter acknowledges he was not present on the first days of the trial. That it was not an unfavorable detail of judge Chase's conduct might be inferred from this circumstance, that the committee sent for this testimony, on the suggestion of a gentleman from Connecticut.—But even this report of the trial establishes beyond a doubt all the allegations in the part moved to be stricken out; and when you recollect the time it was published, and the appearances at that time it cannot be supposed it was meant to criminate him. No; it was meant to rescue him from popular odium. Mr. Wirt , one of the counsel, on addressing the court, was interrupted by judge Chase in these words, "take your seat, sir, if you please." Is this the usual language from the bench to the bar? Let the clerk read that account of the trial, and you will find it a tissue of damning evidence of every fact set forth in the article.
The question on the amendment was taken and lost.
The question was taken on the fourth article by yeas and nays, and are as follows:
YEAS —Messrs. Alston, jun. Anderson, Archer, Bard, Bedinger, Bishop, Blackledge, Boyd, Boyle, Brown, Bryan, Butler, G. W. Campbell, Casey, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Cutts, Dawson, Dickson, Earle, Early, Elmer, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, Habbuck, Heister, Holland, Holmes, Jackson, Jones, Kennedy, Knight, Larned, Leib, Lucas, M'Coard, M'Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Mott, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, Patterson, J. Randolph, T. M. Randolph, J. Rea (of Pennsylvania) J. Rhea (of Tennessee) Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Trigg,
Van Horne, Varnum, Whitehill, Williams, Wilson, Winn, Winton, Wynns. 84.
NAYS —Messrs. Baldwin, Betton, J. Campbell, Chamberlain, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliot, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Hough, Hunt, Lewis, jun. Livingston, Lowndes, Mitchell, Plater, Purviance, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmage, Tenney, Thatcher, Tibbitts, Wadsworth. 34.
The fifth article under consideration.
Mr. Kennedy declared himself opposed to this article, and asserted that the testimony did not support it. He had read and investigated the act of the assembly of Virginia, and found that the section relied upon was susceptible of another construction. He quoted the words of the act, and added, here we find that the court may order the clerk to issue a summons, or other proper process. These words are suppressed in the article under consideration. It is a known maxim in courts of conscience, that the suppression of a truth, or the suggestion of a falsehood are equally weak and wicked. And it ought to be deemed equally improper for us to suppress a truth, or alledge a falsehood, in so solemn a transaction as that of an impeachment. If after the word summons in the article we were to insert the words or other proper process, it might go a great way towards altering the opinion of members.—What other process can issue besides a summons? If you will not trust a summons you will take the body; this is a capias. If there be no other than these two writs, it was in the discretion of the judge to order a capias. If a person commits a great crime, though not capital, a capias may be the proper process; for a summons will only be a notice to the party to run off. He therefore could not agree to the first part of the article, and the latter part was left unsupported, if the other failed. If the court had a right to award a capias, it necessarily followed that the party must be arrested if found, and if arrested, he must be committed to close custody, or give bail for his appearance; there is no other mode of avoiding imprisonment upon arrest. Has there appeared any proof that Callender made an application to be bailed? If he did not, he could not be refused by the judge. Nothing of this kind has been heard in proof, and until then we ought to withhold our assent to the latter part of the article.
Mr. Nicholson . The laws of Virginia relative to this point, if he recollected rightly, were that in capital cases a capias is ordered to issue for the apprehension of the offender; but in cases of crimes less than capital a summons, or other proper process shall issue. What is the practice in that state? He had never understood that it was the practice there to issue a capias for the apprehension of small offences, but a summons to answer at the next court after the presentment.
Mr. J. Randolph . My friend (Mr. N. ) is not mistaken in the law, and the practice so far as he knew it was what every reasonable man would suppose it ought to be, that is consonant with the law itself. There are two distinct species of crimes, one capital, the other not capital. The first species is divided into treasons and felonies.—The second contains all other lesser crimes. For the first it is mentioned in the law itself, that a capias is the proper process; but in the second it is to be by summons, or other proper process to the next court.—By confining the writ of capias to capital cases it also infers that a capias is not a proper process in cases under capital.—If he court awarded a capias then in Callender's case, they did what the law did not authorise them to do, and which the practice in our state courts did not warrant. Instead of this defence of the judge, he suspected the defence would be exonerating the judge at the expence of the clerk, who issued the writ; that being the act of the clerk, they would not hold the judge responsible therefor. It will be recollected that the capias issued after the indictment was found, and that the prisoner was tried in the same term. Mr. Hay in his testimony sets this matter in a very clear point of view. The capias was issued by the clerk on the award of the court, at the instance of the prosecuting officer. If, concluded Mr. R. there is one article I put more reliance on than another, this is the very article.
Mr. Beckley (the Clerk) read extracts from the laws of Virginia on these two points.
Mr. Kennedy agreed that the conduct of the judge in ruling the party to trial at the same term he was present
ed was a high handed arbitrary proceeding; but that is the charge contained in the 6th article which he much approved of, and should certainly vote for.—But he had not been influenced by anything said to change his opinion; he should therefore vote against the 5th article.
Mr. Alston observed that the laws of Virginia spoke only of presentment, "that upon presentment by any grand jury of an offence not capital the court shall order the Clerk to issue a summons for the party to appear and answer such presentment at the next court." Callender was indicted and there being a difference between presentment and indictment, it appears that the court had a discretion as to the time of trial; this however seemed to him to be the case.
Mr. J. Randolph replied by reading the warrant, annexed to the articles of impeachment, in which are the words "to answer a certain presentment found against him (Callender) by the grand jury."
The question on agreeing to the 5th article under consideration was carried, the yeas were 72, and nays 45, and are as follows:
YEAS —Messrs. Anderson, Archer, Bard, Bedinger, Bishop, Boyd, Boyle, Brown, Bryan, Butler, Casey, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Cutts, Dawson, Dickson, Earle, Early, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, Habbuck, Heister, Holland, Holmes, Jones, Knight, Larned, Leib, Lucas, M'Coard, Meriwether, N. R. Moore, T. Moore, Morrow, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, Patterson, J. Randolph, T. M. Randolph, J. Rea, (of Pennsylvania) J. Rhea, (of Tennessee) Riker, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stewart, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Wilson, Winn, Winton, Wynns. 70.
NAYS —Messrs. Alston, jun. Baldwin, Betton, Blackledge, Campbell, Chamberlain, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliot, Elmer, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Holland, Hough, Hunt, Jackson, Kennedy, Lewis, jun. Livingston, Lowndes, M'Creery, Mitchell, Mott, Plater, Purviance, Rodney, Root, J. C. Smith, J. Smith, Stanton, Stedman, Stephenson, Taggart, Tallmage, Tenney, Thatcher, Tibbitts, Wadsworth, Williams. 45.
The sixth article under consideration.
Mr. Rodney . As I intend to vote against this article of impeachment, I mean to assign my reasons in as few words as will enable me to be clearly understood. It has been admitted on all sides that such interlocking proceeding as that in which we are engaged should be conducted with calmness and temper, void of every tension arising from hostile passions; but particularly when we consider all the circumstances connected with the object of this impeachment, a man of talents placed in an eminent elevation of office, qualified to ascertain the bearing of your evidence and testimony, too much caution cannot be used, and gentlemen are justified in their minute examination into the relation between the charges and testimony upon which they are erected.
I consider this article objectionable because there is concealed within it a principle pregnant with mischief to this country; if it be adopted, it will go to establish a principle most dangerous and oppressive. It goes so far as to say that the courts of the United States have criminal jurisdiction at common law. If gentlemen will attend to the article they will observe that it cites the act of Congress establishing the judicial courts of the United States so far as relates to the regulations of the several states, & they are enacted to be the rules of decision of those courts in trials at common law—and then it goes on to charge judge Chase with violating this very act. It is the act of Congress which gives life to the act of Virginia in the United States courts, and it lays it that the statute shall be enforced as on trials at common law. The first enquiry will be what was the meaning of the legislature in using the expressions "in trials at common law;" and to ascertain whether Callender was tried by the common law, or under the sedition act. Law writers are not more clear, precise, or correct, on any subject, than they are in their definition of the common law; it is the unwritten law, as contradistinguished from statute law. A gentleman suggests to me that the common law mentioned in our statute is merely to mark the difference between our Admiralty and Maritime jurisdiction. We usually refer to English authorities for an explanation of the technical words we borrow

From them, and there we find that the common or unwritten law is so called to distinguish it from statute law—and this is the broad line laid down by Virginia herself in a late declaration of her legislature drawn up by one of the greatest statesmen that ever that or any other country produced. They declare that the United States government has no common law jurisdiction. All their powers must be exercised in virtue of some statute made under the conditions of the constitution. In casting our eyes over the constitution we shall not find a syllable of the words common law; the first time it appears, it is in the 7th amendment relating to debts exceeding 20 dollars.
The judiciary bill refers to the civil jurisdiction of those courts in cases between foreigners and citizens, but there is no where to be found a word that gives to the United States criminal jurisdiction at common law. Mr. Chase held this opinion himself, as you hear from the affidavit of Mr. Read, who observing the attack upon Judge Chase in the Wilmington Mirror, reminded him that the federal act did not protect the judges from libel; they had no cognizance thereof and it could not be punished but through the state courts. Even in England they paid regard to this distinction. The first trial of Rousewick Williams, commonly called the monster, for his abominable wickedness in cutting women as they passed him in the street; he was indicted under a particular statute, judgment was successfully arrested, though he was afterwards indicted at common law for assault and battery and convicted.
To make the allegation conform to the principles, it should be said that Callender was tried by the common law; where was the authority at common law? Callender's was not a civil case, but a citizen of another state and himself—No, it was a criminal case, under a particular statute, and he was tried by the statute law, not by the common law. He was confirmed in this opinion by the report of the case, where it appears that such eminent men as Mr. Hay and Mr. Nicholas, preferred to rely upon an affidavit for a postponement, rather than bring forward the statute of Virginia alleged to be decisive; they would hardly leave their client in the discretion of the court, when they had the strong language of the law, that they should not try the cause at that term; their talents and vigilance forbid us for a moment to entertain the idea, that the matter had escaped their notice or recollection.
These are the principal reasons which induce me to vote against the sixth article now under our consideration.
Mr. J. Randolph said if he agreed in the construction which his friend from Delaware contended for he would not be the last man to join him against the article. He would not support any act that would tend to sustain the pretension that Congress has criminal jurisdiction in common law cases. If this construction could in any wise be put on this article, he here entered his protest against it, as well as against the doctrine itself. One of the first acts of the general government was to establish judicial courts on the part of the United States, and let it be recollected that beside the great national power vested in the courts by the constitution, there were others vested in them of a peculiar nature. Their authority extended to cases between a state and citizens of another state, between citizens of different states, and foreign states, citizens or subjects. It was enacted that the laws of the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require, shall be regarded as the rules of decision in trials at common law. It has always been held as a found rule of construction that all the words ought to have efficacy, and when this law of the United States, gave life and vital spirit to the law of Virginia; it provided that in all cases at common law, the rule of the state should govern, but in cases under a statute where rules of decision are otherwise provided, the law of the state shall not govern. Congress law in the outset the necessity of carrying into effect that great constitutional power of establishing courts and regulating their mode of procedure. Instead however, of establishing any mode of their own, they adopted the modes already existing in the several states; and there is no other mode except in cases of admiralty and maritime jurisdiction; if the laws of the state where the offence has been committed, does not apply, what possible rule of procedure or decision could govern the court? In what manner is a criminal trial to be conducted? The 34th section under any other construction becomes absurd and nugatory. He did believe that by the 33rd and 34th sections of the act establishing the judicial courts, the laws of the several states have been adopted by Congress in criminal as well as in civil cases.
But the gentleman from Delaware asks us how we can believe this to be the just construction, when the able counsel assigned to the defence in this case failed to produce this law to the court which would have procured them the direct attainment of their end, without applying to the discretion of the
court? To this he answered he could not tell why they omitted to bring forward this objection. This was not his concern. It might perhaps have escaped their memory. But will it be an objection that because they failed, we also should fail who think this law has been violated. That the law of Virginia was the rule of conduct adopted in this case is proved by every preliminary as well as subsequent step. If then they did not make this exposition of the law of the United States, why was the trial in all other parts conducted consonant with the laws of Virginia. He stated the case in another point of view; although there is no common law jurisdiction of the United States in criminal cases, yet there is in each state a peculiar common law generally drawn from England, but varied so as to suit their purposes. Suppose Virginia had never modified the common law of England, as it relates to the law of descents, and suppose a claim brought in the United States court by a citizen of North Carolina for a tract of land in Virginia (it will be admitted that Congress can make no law in relation to descents). How is the court to be governed by the law of descents in North Carolina, or by that of Virginia or by the common law of England. Certainly they must conform their decision to the rule of Virginia where the land lies. Take this common law doctrine then in any other sense than as being in contradistinction to our admiralty and maritime code, and it has no basis, for common law jurisdiction, Congress have none in criminal cases; as all such cases must be constituted crimes by a statute of Congress, previous to their perpetration, and a statute or written law is the opposite of common, which is an unwritten law made up of usages time immemorial. If it was established that this article tended in any shape to establish the exploded doctrine that the United States had common law jurisdiction in criminal cases, he would readily vote against the article.
Mr. Nicholson entertained no doubt but the term of common law expressed in the statute establishing the courts of the United States was used as a term of definition, and that it ought not to be construed to give the courts any additional jurisdiction, nor to abridge them of any they possessed. He observed in other parts of the law that the words common law are used to distinguish that mode of procedure from what was used in our courts of admiralty. In England they had three distinct courts, governed by three distinct modes of proceeding under three laws. The common law courts, or the courts at Westminster, and the chancery court, are governed by the common law. The admiralty courts are governed by the civil law, and the ecclesiastical courts by the ecclesiastical law. But all and every one of these are governed by the statute law—but in their mode of proceeding, each has its own peculiar rules, yet they all are bound to conform to a statute, as if a statute had originally given them jurisdiction. In our own courts, he believed, it would be difficult to conduct trials without some provision as to the mode. Bills of exchange and promissory notes were not made current till the time of queen Anne. The suit on these actions is still at common law, though the remedy is given by statute. So when an indictment is made upon a statute, it must be tried by the rules of the common law, as was the case mentioned in the article. And with the gentleman from Virginia, he asked in what manner a criminal can be prosecuted but by the rules of the common law, unless you have him to be tried by such arbitrary ones as the court may make at the time, in order to suit their own purpose. If it be true that we have no rules of proceeding established for our courts of justice, it is high time to set about making them. But the fact is, that rules are established, and the reason why they were established, in the manner they are, is that in this way Congress expected, and justly too, that they would give more satisfaction to their constituents to leave them to the rules of proceeding they had long been accustomed to, than they would by introducing a novel set of their own contriving. And he sat down fully convinced that the circuit court was bound to proceed thro' the whole case by the rules established by the laws of Virginia.
The sixth article was agreed to. The yeas were seventy three, and nays forty two, as follows:
YEAS—Messrs. Anderson, Archer, Bard, Bedinger, Blackledge, Boyd, Boyle, Brown, Bryan, Butler, Caley, Claiborne, J. Clay, M. Clay, Conrad, Crowninshield, Cutts, Dawson, Dickson, Earle, Early, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, H. H. H. Heister, Holland, Holmes, Jones, Kennedy, Knight, Larned, Leib, Lucas, Lyon, M c Cord, Meriwether, N. R. Moore, T. Moore, Morrow, Nelson, New, Newton, Nicholson, Olin, Palmer, J. Randolph, T. M. Randolph, J. Rea (of Pennsylvania) J. Rhea (of Tennessee) Riker, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Wilson, Winn, Winston, Wynns. 73.
NAYS—Messrs. Alston, Baldwin, Bat-
ton, J. Campbell, Chamberlin, Chittenden, Claggett, Clark, Cutler, Dana, Davenport, Dwight, Elliott, Elmer, Goddard, Griffin, G. Griswold, R. G. Griswold, Hastings, Hough, Hunt, Lewis, jun. Livingston, Lowndes, M C Creery, Mitchell, Mott, Plater, Purviance, Rodney, Root, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmadge, Tenney, Thatcher, Tibbets, Wadsworth, Williams. 42.
The seventh article was agreed to—The yeas and nays were as follows:
YEAS—Messrs. Alston, jun. Anderson, Archer, Bard, Bedinger, Boyd, Boyle, Brown, Butler, Caley, Claiborne, Clark, M. Clay, Conrad, Crowninshield, Dawson, Dickson, Earle, Early, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, H. H. H. Heister, Holland, Holmes, Jackson, Kennedy, Knight, Larned, Leib, Lucas, M c Cord, M C Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, J. Randolph, T. M. Randolph, J. Rea (of Pennsylvania) J. Rhea (of Tennessee) Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Wilson, Winn, Winston, Wynns. 73.
NAYS—Messrs. Baldwin, Batton, Blackledge, G. W. Campbell, J. Campbell, Chamberlin, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliott, Elmer, Griffin, G. Griswold, R. Griswold, Hastings, Hough, Hunt, Lewis, jun. Livingston, Lowndes, Mitchell, Mott, Plater, Purviance, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmadge, Tenney, Thatcher, Tibbets, Wadsworth, Williams. 38.
The eighth article was divided—The yeas and nays on the first paragraph were as follows:
YEAS—Messrs. Anderson, Archer, Bedinger, Boyd, Boyle, Brown, Bryan, Butler, Caley, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Dawson, Dickson, Early, Elmer, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, H. H. H. Heister, Holland, Holmes, Jackson, Knight, Larned, Leib, Lucas, Lyon, M c Cord, M C Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Nelson, New, Newton, jun. Nicholson, Olin, Palmer, Patterson, J. Randolph, T. M. Randolph, J. Rea (of Penna.) J. Rhea (Tenn.) Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Trigg, Van Horne, Varnum, Whitehill, Wilson, Winn, Winston, and Wynns—74.
NAYS—Messrs. Alston, jun. Baldwin, Batton, Blackledge, J. Campbell, Chamberlin, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Earle, Elliott, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Hough, Hunt, Kennedy, Lewis, jun. Livingston, Mitchell, Mott, Plater, Purviance, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmadge, Tenney, Thatcher, Tibbets, Wadsworth, and Williams—38.
The second paragraph of the eighth article was agreed to, Yeas and Nays as follows:
YEAS—Messrs. Alston, jun. Anderson, Archer, Bedinger, Blackledge, Boyd, Boyle, Brown, Bryan, Butler, Caley, Claiborne, Clark, J. Clay, M. Clay, Conrad, Crowninshield, Dawson, Dickson, Earle, Early, Elmer, Eppes, Findley, Gillespie, Goodwyn, Gray, Gregg, H. H. H. Heister, Holland, Holmes, Jackson, Kennedy, Knight, Larned, Leib, Lucas, Lyon, M c Cord, M C Creery, Meriwether, N. R. Moore, T. Moore, Morrow, Nelson, New, Newton, junior, Nicholson, Olin, Palmer, Patterson, J. Randolph, T. M. Randolph, J. Rea (of Penna.) J. Rhea (of Tenn.) Riker, Rodney, Root, Sammons, Sandford, Seaver, Sloan, Smilie, Southard, Stanford, Stanton, Stewart, Thomas, Thompson, Van Horne, Varnum, Whitehill, Williams, Wilson, Winn, Winston, and Wynns—78.
NAYS—Messrs. Baldwin, Batton, Campbell, Chamberlin, Chittenden, Claggett, Cutler, Dana, Davenport, Dwight, Elliott, Goddard, Griffin, G. Griswold, R. Griswold, Hastings, Hunt, Lewis, jun. Livingston, Mitchell, Mott, Plater, J. C. Smith, J. Smith, Stedman, Stephenson, Taggart, Tallmadge, Tenney, Thatcher, Tibbets, and Wadsworth—32.
FRIDAY, DECEMBER 7.
Dr. Leib moved that the committee of Commerce and Manufactures be instructed to enquire into the expediency of so far amending the impost and tonnage act as to allow the collector of the port of Philadelphia an additional deputy, and that they be authorized to report by bill or otherwise.
A petition from William A. Barron of the corps of engineers, praying a further allowance for his expenses in the military academy.
Referred to the committee of Claims.
Mr. Thomas said, he rose with a view to propose an enquiry relative to the duty on salt—On this article a duty of six cents per bushel was first laid, in the year 1790 it was raised to twelve cents, and in the year 1797 eight cents more were added, making the duty twenty cents per bushel of 56 lbs, at which rate it now stands—But, as every measured bushel of good strong salt which is imported into this country, will weigh
80 or 90 lbs, this is in reality a duty of about 30 cents per bushel.
Three years ago, when the repeal of the Stamp Act, excise and other internal tax laws, were before Congress, an attempt was made to reduce the duty on salt, and retain a part of that system.
At that time, although he was conscious the duty on this article of real necessary consumption was too high, and fell extremely heavy on the agricultural part of the community, particularly those living back from the sea-board, who were obliged to use large quantities of it, for their black cattle and other beasts of pasture, notwithstanding the increased price at which it came to them, in consequence of the transportation, and the profits charged on the amount of duty as well as original cost by the several merchants or traders through whose hands it passed, yet he did believe it better to allow this duty to remain as it was, a while longer, rather than not be enabled to abolish that expensive, inconvenient and anti-republican system of internal taxation.
And should it now be found, on due enquiry, that a reduction of the duty on this article, at this time, would be incompatible with the great object of paying off the national debt and meeting the other exigencies of government, for his part he would not urge it—But he was persuaded this was not the case—He believed our finances are amply sufficient to authorise the measure.
On examining the report of the secretary of the treasury he found, that besides meeting all the calls of government, including the sum appropriated annually towards the reduction of the public debt, there is a surplus of 4,882,225 dollars in the treasury, and although there are several payments to be made out of this sum, there will still be a large balance remaining.
It also appears, from a comparative view of the bonded duties of the present with former years, that there will be an increase of revenue coming into the treasury the ensuing year, and he believed there was no reasonable probability of any new causes for expenditure.
This being the case, he flattered himself, it would not be deemed unreasonable or improper to propose a reduction of the duty, on this article of necessary consumption at this time.
With this object, however, said Mr. Thomas, I wish to couple another which I consider of equal importance, as it respects the reputation of our beef, pork, fish, and butter, put up for exportation, as well as the health of our seaport towns, and seamen employed on foreign voyages.
He said by the treasury accounts it appears that the aggregate amount of salt imported into the United States during the year, ending the 30th September last, was 3,858,195 bushels of 56 lbs each, of this about one fourth part or 968,355 were imported in foreign vessels—All this salt was brought from foreign places, and no part of the salt prepared from the briny waters near the Onondaga in New York, the various springs in the Western states, and the sea water at Cape Cod, Portsmouth, &c. are taken into this calculation.
Of this salt some parts came from the Swedish, Danish and Dutch West Indies—other parts were imported from the British West Indies, the other British colonies, from the French West Indies, from Spain, from Teneriff, and the other Canaries, and the Spanish West Indies—Parcels of the same salt were likewise brought from Portugal, Madeira, Cape de Verd Islands, and Italy, and about 20,000 bushels of a similar kind has heretofore annually been brought from Louisiana, which is now a part of the United States.
But notwithstanding all this trade in salt, to so many parts of the earth, the commerce in that article between the United States and Great Britain is very extensive and important—During the year before mentioned, the proportion of imported salt which was furnished by England alone, and of the manufacture of that country, amounted to 1,271,537 bushels of 56 lbs—So that it is evident at least one third of the salt consumed in our country is exported from that part of Great Britain called England, and chiefly from those countries of which Liverpool is the mart.
This salt, as he understood, was prepared by the process of boiling the brine of the rock salt from Cheshire, and the water of the sea—And on account of the great plenty and cheapness of coal in Lancashire, there being also as he believed, no export duty laid on it, this salt was produced in abundance and sold on very low terms—It is employed as ballast for British ships coming into our ports, and when arrived is sure to sell and pay freight and frequently afford a profit—Our own ships also very commonly take it in for ballast and often as part of the cargo.
This traffic would be perfectly fair and convenient if English salt was of a strength and quality fit to preserve animal flesh for provisions—But he was clearly of opinion, from his own knowledge, this was not the fact, and he had lately observed a discussion, on this subject in the British Parliament which confirmed that opinion.
The British government long ago
made a distinction between English salt and foreign salt on their importation into Ireland—To encourage the introduction of salt from the Bay of Biscay and the Portuguese dominions, they permitted it to be imported into that kingdom at the rate of 24 lbs the bushel, while Liverpool salt was charged with the same duty of two shillings on the bushel of 45 lbs—the reason of this distinction was undoubtedly wise and cogent, experience had proved that British salt, as brought to the market, was destitute of that purity and strength which was necessary to preserve animal flesh from taint and corruption, and fit for human food in hot climates and on long voyages.
The trade of Ireland in beef, pork and butter, was of great importance, not only to that country itself but to the whole navy and army of Britain, to keep up the character and wholesomeness of their provisions was a matter of immense national importance, and this could only be done by attention to have it preserved with salt of purity and strength—Experience had proved that the salt formed by crystallization in the open sunshine on the western shores and islands of Southern Europe, was vastly better, than that produced by artificial concretion, in a boiling heat over a fire in the north—And the government had with prudent discernment favored the introduction of Bay salt into Ireland, by permitting 84 lbs to be imported for the same duty that was paid on the introduction of 56 lbs of Liverpool salt.
The people of Liverpool have lately expressed uneasiness at this partiality, and an attempt has been made in parliament, so to equalize the duty, as to give to both Bay and English salt a fair competition in the Irish market. This, however, was repelled by the Irish members, with many discernment and spirit; on the ground, that Bay salt was of a stronger quality, less easy to dissolve, and indispensable to the salters of meats—That English or Liverpool salt would not answer for this extensive and important branch of business—That the discrimination in favour of Bay salt was politic and proper, and especially connected with the provision of trade and the health of the fleets and armies.
It is my wish, said Mr. T. that such a distinction should be made on the introduction of English salt into the United States, as has been made by the British laws themselves, on its importation into Ireland. There certainly exists the same causes for it. Like Ireland, our country abounds in provisions—beef, pork, fish and butter are great and stable articles of export; but their quality is very far inferior to the provisions of Ireland—The putrefaction of beef, pork and fish, to a very serious extent, has often occurred; the loss of property thereby was great, and the reputation of our provisions materially affected—But that was not the greatest evil—there is no doubt but that the exhalation from tainted and corrupted meats and fish in our towns as well as on board our vessels, poison the atmosphere and excite malignant fevers and other diseases.
His object was to retrieve and establish the reputation of our salted provisions in foreign markets—to prevent the loss of property by those who put up provisions for exportation, and also to prevent the evils resulting to our citizens and seamen from tainted and spoiling meats and fish. With this view of the subject he should propose in the first place, an enquiry into the expediency of reducing the duty on salt generally, and in the second, the propriety of making a distinction, so as to encourage the importation of strong and pure salt, in preference to the weak and impure salt manufactured in England.
He therefore moved the following resolution:
Resolved, That the Committee of Ways and Means be instructed to enquire into the expediency of reducing the duty on salt, and also into the propriety of making a distinction in the duty, so as to encourage the importation of salt from the dominions of Denmark, Sweden, the United Netherlands, Spain, France, Portugal and the British West Indies in preference to that of any other place or places; and that they report thereon by bill or otherwise.
Mr. J. Randolph said that the resolution which the gentleman from New York had submitted, and in relation to which he had favored the House with such copious details, embraced two objects—the reduction of the duty on salt generally—and the encouragement of the importation of a particular description of that article. The last subject belonging to a class which was consigned to the committee of Commerce and Manufactures, he should confine himself to the first branch of the resolution: nor should he have troubled the house at all were not the motion of the gentleman from New York calculated to excite an expectation, which he wished to repress, because he feared it could not be gratified. It was not to oppose enquiry, but to apprise the mover and the public that the result was likely to prove unpropitious to his wishes, that he had risen. The country on which the salt duty fell with peculiar force was that middle region, near enough to the sea board to be supplied altogether by importation, but

too remote to have its consumption diminished by vicinage to the sea. Those whose flocks had access to salt water felt the duty, but partially—those whose situation obliged them to use salt of home manufacture only, not at all. As an inhabitant of that district of country by which the duty was principally paid, and as a friend to agriculture, he had at an early period of the session, in conjunction with his friend the Speaker, turned his attention to the practicability of reducing the duty on salt—and you well know, Sir, (said Mr. R.) that the result of our enquiry satisfied us that this desirable object was not at present attainable. He mentioned this to show that other members felt an interest in this subject, as well as the gentleman from New York, although they had not brought it before the House. The treasury statements on which that gentleman relied for the support of his position, that we can dispense with a portion of our existing revenue, establish the opposite opinion, beyond controversy. The estimated revenue of the ensuing year, after defraying the estimated expense, yielded only a surplus of 210,000 dollars, and the specie balance in the treasury, which the gentleman had brought to his aid, was large indeed, but charged with near four millions of dollars on account of Great Britain, Maryland, and American claims upon France, whose payment we had assumed by convention with that power. The delay of these claims which were expected to have been paid and for which we had made provision accordingly during the present year, had swelled the specie balance in the treasury—but certainly had not liberated that resource. On this subject what was the inference drawn by the head of that department? precisely the reverse of that of the mover of the resolution.—“As the greater part of these demands will be paid in the course of the year 1805, the balance will not, probably, at the end of that year, exceed the sum which it is always expedient to retain in the treasury.” The House would recollect that by our last accounts our flotilla was bombarding Tripoli.—Who could answer for its fate? Who could undertake to say that, before the Christmas holidays, intelligence might not be received from that quarter (as was the case last year) which would render it necessary to impose new burthens, instead of taking them off. The remarks which he had offered were not in opposition to the motion of enquiry. He thought it his duty, and was always ready to go into every profitable research whether it tended to diminish the public burthens or to promote the agriculture, trade or manufactures of the country. He had their interests much at heart. He was as much interested in lowering the import on salt as any member in that House could be, but he felt it to be his duty explicitly to state that the object at which the resolution aimed was illusory. If however the prosperous condition of our affairs should experience no reversal—if our Mediterranean warfare should have a speedy and honorable termination—if we should continue to maintain a pacific position between the belligerent nations of Europe, & no unforeseen calamity should befall us, he had well founded expectation that we might dispense with the additional duty of 8 cents on salt, at the next session of Congress.  Mr. Jackson impressed with the importance of the subject, hoped it would be referred to the committee, and he would assure the gentleman from Virginia that the district of country over the mountain was greatly affected by the duty, for they did not procure salt in sufficient abundance in the interior to answer their consumption; salt usually sold there from 3 1/2 dollars to 4. and when it is considered what the merchants and traders advance was a per cent upon the first cost, it would be readily allowed that the citizens in the western country did not pay less than one dollar per bushel. If however the public exigencies are absolutely such that the duty cannot be dispensed with, he would be one of the first to vote against the reduction. But the House will not refuse its assent to reduce the duty, because it is possible that dangers may occur, or that it is possible we may go to war with other of the Barbary powers, or even with all the world; for that too is possible. So desirous was he of getting rid of this duty, that he would rather postpone the payment of the public debt a little longer, than oppress the people with such an unequal law.—Unequal and oppressive, as it was to his constituents, yet he was satisfied they would willingly bear it, if it should prove on investigation that its repeal would endanger our finances or create a failure in the payment of the public debt in a reasonable time.  Mr. Thomas had no objection to adopt the idea of Mr. J. Randolph in referring the second part to the Committee of Commerce and Manufactures.  Mr. Crowninshield said the effect of reducing the duties on salt would be the loss of 220,000 dollars annual revenue, which was more than its present excess, and as to the four millions in the treasury, that would speedily be required to pay the bills drawn upon the secretary on account of the purchase of Louisiana
and the whole of it was appropriated. He called for a division of the question, whereupon the first part respecting the repeal of the duties was referred to the committee of ways and means. After this question the second part could neither be debated nor amended—and a question to refer it was lost. A bill respecting the Port-road to lead from the Atlantic to the western waters was read and referred to a committee of the whole on Monday.  Petitions from Nancy Flinn whose husband accompanied Major Tushman, killed by the Indians, and John Fenton an old revolutionary soldier, both praying relief, were referred to the committee of claims.  The House resolved itself into a committee of the whole on the report in favor of the Georgia claimants of land lying South of Tennessee, having time to register the evidence of their titles in the office of the Secretary of State.  Mr. Varnum in the Chair. On motion of Mr. Clark, three months were allowed for the purpose.—The committee of the whole rose and reported and the House agreed to the report.  The committee of the whole was discharged from the further consideration of the report of the Committee of Commerce and Manufactures on the petition of S. G. Ogden and the House took the same into consideration, and resolved that the petitioner have leave to withdraw his petition.  A message was received from the Senate informing, that they would be ready to receive the articles of impeachment against Samuel Chase one of the associate judges of the Supreme court, at 1 o'clock this day.  Mr. J. Randolph from the managers appointed on the part of the House, to conduct the impeachment against Samuel Chase, an associate justice of the United States, reported, that the managers, did, this day carry to the Senate the articles of impeachment agreed to by this House, on the thirtieth ultimo;—and that the said managers were informed by the Senate that their House would take proper measures relative to the said impeachment, of which this House should be duly notified.
WASHINGTON CITY. MONDAY, DECEMBER 10.
An error having crept into several of the American prints in relation to General Turreau, by giving him the name of Thuriot, which may be the cause of very incorrect impressions, we take a pleasure in laying before our readers the following sketch of the various stations filled by him, by which it appears that he has been, without intermission, engaged in the service of his country from nearly the commencement of the revolution to the present time. The events of this interesting period are sufficiently strong in the recollection of our readers, to show that the General has participated in many of the most splendid incidents of the war, while his constant occupation proves his having possessed in an eminent degree the confidence of the nation.  GENERAL TURREAU entered the service at the end of the year 1791. Made a campaign in the north in quality of chief of battalion in 1792. Made the campaign of Treves in quality of colonel idem. That of Arlon in 1793. General of brigade and commander of the advanced guard of the army of the west, idem. Made general of division upon the field of battle, idem. General in chief of the army of the Pyrenees, of the east and the west, 1794. Commandant general at Belle Isle, idem. Arrested, detained, tried and unanimously acquitted by a council of war, 1795. Sent to the army of the Sambre and Meuse in 1796. Commandant of the first division of the French army in Germany in 1797. Commanded two divisions of the army of Mayence, at the blockade of Ehrenbreitstein in 1798. Commandant of the first division of the army before Mannheim, at the recommencement of hostilities. idem. Commandant of the first division of the army of Helvetia, 1799. Commandant general of all the grenadiers, carbineers and dragons of the army of Helvetia, idem. Commander in chief of that army (par interim) 1800. Lieutenant general commandant of the left wing of the army of Italy, idem. Sent, at the peace, by government, in order to form a general outline of a military road, proper for the conveyance of artillery of any calibre, and to determine the places for fortifications, either permanent or provisional, upon the chain of
the Alps, 1801. Sent to Switzerland on a political military mission, 1802. Nominated minister plenipotentiary from France to the United States of America in December, 1803.  The House of Delegates of Virginia have appointed Hugh Holmes, and the Senate Creed Taylor, their Speakers.  The electors of Maryland having met at Annapolis, the following is the result of their proceedings: Electors who voted for THOMAS JEFFERSON as President and GEORGE CLINTON as Vice-President: Joseph Wilkinson, John Johnson, Edward Johnson, John Tyler, Frisby Lighman, Tobias E. Stansbury, John Gilpin, William Gleave, Jerry Spencer—9 Electors who voted for CHARLES COOTESWORTH PINCKNEY as President and RUFUS KING as Vice-President: John Purnham, Ephraim King Wilson.  LEGISLATURE OF PENNSYLVANIA. Simon Snyder was unanimously re-elected Speaker of the House of Representatives.  General Montgomery, one of the electors of a President and Vice-President of the United States, being unable, from indisposition, to attend at the seat of government, the members of the Senate and House of Representatives met in convention, and made choice of his Son, Robert Montgomery, to supply his place.  On Wednesday morning the twenty Electors assembled; and, after having first appointed Charles Thomson, President, and Timothy Matlack, Secretary, they proceeded to vote for a President and Vice-President of the United States. The ballots being counted, it appeared, that THOMAS JEFFERSON had twenty votes for the office of President, and GEORGE CLINTON the like number for the office of Vice-President.  Richmond, December 6. All the Electors of this state, appointed by the people for choosing a President and Vice President of the United States, convened at the Capitol yesterday at 10 o'clock, and gave an unanimous vote for Thomas Jefferson , of Virginia, as President, and George Clinton , of N. York, as Vice-President.  The House of Commons of North-Carolina have come to a resolution “that it would be impolitic for the state of North-Carolina to recommend the adoption of the amendment to the constitution proposed by Massachusetts.”  On the 22nd of November both branches of the legislature of Georgia met in the representative chamber, and made the following elections: Abraham Baldwin, Senator to Congress—unanimous. Edward Telfair, James B. Maxwell, John Rutherford, David Emanuel, Henry Gaybill and David Gaffwell, electors of President and Vice-President of the United States—all true republicans.  We discharge a mournful duty in laying before our readers the following statement of deaths in Malaga in this year, up to the 17th September last, communicated in a letter received from Cadiz:    19,843 of both sexes,  1,200 soldiers,  300 guards,  17 physicians,  42 clergy of the cathedral,  72 private clergy,  83 religious persons,  76 monks.    In conformity to the 3rd section of the act of the City Council of Washington “To establish and endow a permanent institution for the education of youth in the city of Washington” the two chambers met in joint meeting on the 5th instant, and elected by ballot the following members to take the necessary preliminary steps toward carrying the plan into effect.  Samuel H. Smith, Nicholas King, George Blagden. Th: Herty, Sec'y  (By Authority.)  AN ACT To establish and endow a permanent Institution for the education of Youth in the city of Washington.  IMPRESSED with a sense of the inseparable connection between the education of youth and the prevalence of pure morals; with the duty of all communities to place within the reach of the poor as well as the rich the inestimable blessings of knowledge; and with the high necessity of establishing at the seat
of the general government proper seminaries of learning, the City Council of Washington do pass the following act.  Sec. 1. Be it enacted by the first and second chambers of the City Council of Washington, That the superintendence of public schools within the city of Washington shall be placed under the direction of a board of thirteen Trustees; whereof seven shall be annually chosen by the joint ballots of the Council, from among the residents of the city; and six be annually chosen by individuals contributing to the promotion of schools as hereinafter provided. A majority of the board shall constitute a quorum. The board shall appoint a president & secretary, the former of whom shall be of their own body, shall remain in office until a new election of President, which shall take place at the pleasure of the board, shall vote on all questions and have also a casting vote in cases of equal division. They shall have power to pass all necessary bye laws not inconsistent with this act; to receive donations, and to vest and apply the funds placed under their care in such manner as they may see fit. They shall make an adequate provision and pay at such rates as they may deem reasonable and proper, for the education of children residing in the city, whose parents or guardians are unable to defray the expense of their education; they shall keep a Journal of their proceedings; and shall on the second Monday of June in each year make a full report of them to the Council, excepting the names of those children who shall receive education without any charge being made therefor.  Sec. 2. And be it enacted, That so much of the net proceeds of taxes laid, or to be laid, on slaves, on dogs, on licences for carriages and hacks, for ordinaries and taverns, for retailing of wines and spirituous liquors, for billiard tables, for theatrical and other public amusements, for hawkers and pedlers, be appropriated, as the Trustees may decide to be necessary for the education of the poor of the city; payable by the treasurer of the city to the treasurer of the Board of Trustees in four quarterly payments on the first Mondays of January, April, July and October respectively; the first quarterly payment to be made on the first Monday of October 1805: Provided, That if the said net proceeds exceed annually the sum of fifteen hundred dollars, the surplus shall be retained by the treasurer of the city, subject to the disposition of the Council.  Sec. 3. And be it enacted, That within one week after the passage of this act, the two chambers of the Council shall meet together, and by joint ballot shall appoint three of their members, who shall be authorised to take all the necessary preliminary steps for carrying this plan into effect. They shall solicit themselves, or name others to solicit, contributions in money or loss; and the money shall be payable at such times after the first Monday of May next, and in such installments, as they shall prescribe. It shall be paid to the treasurer of the board of Trustees, and the lots shall be transferred to the institution in such manner as the board shall direct. Contributions to any amount shall be received. The committee may employ agents to solicit subscriptions at a distance, and the sum of two hundred dollars is hereby appropriated to defray such expenses as may be thereby incurred, payable out of the proceeds of the aforesaid taxes, which sum the treasurer is hereby authorised to pay. They shall on the first Monday of May next, make a report of their proceedings to the Council, and shall forthwith give public notice to the contributors to assemble on the third Monday of July ensuing, at such place as they shall name; at which time and place the individuals, who shall have contributed ten dollars or upwards, shall, in person or by proxy, elect six Trustees, to hold their appointments for one year; of which election the committee shall be judges; and each contributor shall have as many votes as he shall have contributed sums of ten dollars. The judges of the election shall notify the persons elected to convene at the capitol, on the first Monday of Aug. following. The Council of the city shall on the fourth Monday of July next elect by joint ballot seven Trustees, who shall hold their appointments until the second Monday of July; on which day a new election shall be held, which shall be repeated on the same day in each succeeding year. The Secretary of the First Chamber shall immediately notify the persons elected to meet at the capitol on the first Monday of August; on which day the committee shall deliver over to the board of Trustees all the original papers in their possession, together with the journal of their proceedings; and the entire direction of public schools shall thereupon devolve on the said board. All subsequent elections by the contributors shall be held in such manner as the board of Trustees shall prescribe.  SAMUEL H. SMITH, President of the first chamber of the city council of Washington. NICHOLAS KING, President of the second chamber of the city council of Washington. Approved, December 5th, 1804. ROBERT BRENT, Mayor. Test THOMAS HERTY, I. EG.
Assemblies.  SOME Gentlemen having met at Rhodes's Tavern, on Thursday Evening last, in pursuance of a notice contained in this paper, for the purpose of making arrangements respecting the City Dancing Assemblies for the present season, and the meeting being small, they adjourned until Tuesday next, at 6 o'clock, P. M. at the same place, when and where it is hoped that those gentlemen who wish to promote the amusement will punctually attend. Saturday, December 8, 1804.  Washington THEATRE.  On WEDNESDAY EVENING, December 12, When will be presented, by the Art-ficial Comedians, The Children in the Wood. ALSO, The rich and comic Figures. The whole to conclude with The Battle of the Nile. ** Box 50 Cents—Pit 25 Cents. December 10, 1804  30 Dollars Reward.  STOLEN from the trunk of the subscriber on the 8th inst. 85 DOLLARS IN CASH & Two Notes of Hand, drawn in favor of Richard Helme, one Ten Dollars signed Thomas H. Jarvis, and one of Five signed John D. Douglass. RICHARD HELME. Dec. 10—3t  CHARLES H. VARDEN, MERCHANT TAYLOR.  Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Besant's cord, toiletries, fancy and white Marcellies, black and figured silk, moleskins, fancy silk, Marcellies, constitution cords, velvets, Genoa cord, silk and sartin Florentines, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 10—tf  To be sold.  PART of a tract of Land called Lonehead lying on the Northwest Branch in Prince George's county about 7 miles from the city of Washington, and 3 from Bladensburg; containing by survey about 784.3 acres, nearly one third meadow ground, mostly of prime rich bottom, there is on the Land a young thriving orchard, a dwelling house partly new, standing on a high and pleasant situation with a spring of water convenient thereto, the soil is remarkably kind to any kind of grain and grass; a further description of this valuable piece of property is unnecessary, as any person wishing to purchase may see the place and know the terms by applying to the subscriber living on the premises. WILLIAM A. SCOTT. December 10—w3t  Columbian Library.  THE Shareholders in the Columbian Library will take notice that on the 1st day of January next, an annual contribution of Two Dollars becomes due on each share, and that every shareholder, failing to pay said contribution on or before the day aforesaid, will have to pay in addition thereto one eighth of a dollar for every day he is delinquent and for every share he holds—The price of a new share is now 15 dollars, it is raised to 20 dollars from and after the 1st day of January. By order of the Directors, DAVID WILBY, Sec. Georgetown, Dec. 10—4w  Three Dollars Reward.  LOST on Monday the 3rd inst. a RED MOROCCO POCKET BOOK, containing some papers, among which was a note of hand of 200 dollars, none of them can be of any use, but to the subscriber—If brought to my store in F street nearly opposite the Bank, the above reward will be paid. If offered to be passed, the well disposed are requested to stop said note. ALEX. COCHRANE, Sen. December 10—3t  Stray Cow Found.  FRANCIS RATCLIFF came this day before me and informed me he had taken up on the 26th October, a stray cow; which came to his farm near James Siney's blacksmith's shop on Rock creek. She is a large, old, long, but cropped horned dark brown cow, with a little white down her back and belly. Dry. She has a crop in her left ear and a small slit in the upper part of the right ear—The owner is desired to prove his property pay the expenses and take her away. W. THORNTON. December 10—3t  PATENT WIND-MILL.  THE subscriber having purchased Mr. John Avilhe's interest in a patent Wind-mill for the District of Columbia—With its rights to those desirous of erecting them in said district, an inspection of the model at the Secretary's office, will sufficiently prove the utility of this machine in manufacturing grain, plaster of Paris, paints, snuff, &c and sawing of timber or stone. Further information may be obtained by applying to Mr. Benjamin Perkins President's square, or near the Seven Buildings to JOHN MELWELL.

Likenesses Engraved. THE Subscriber being under engagements that will render it necessary for him to leave this city in a few days, tenders his acknowledgments to those who have honored him with their patronage, and informs others who may be desirous, and have not yet had an opportunity of sitting for their Likenesses, that after Monday next, his business in this city will be discontinued as to original work. St. MEMIN. Washington Dec. 5-3t
Wanted to rent or purchase a large and convenient HOUSE, with 100 or 150 acres of Land, in an healthy situation—the neighborhood of Baltimore, Elk Ridge or toward the vicinity of the city of Washington will be preferred. Letters addressed to the subscriber, particularly mentioning the improvements, terms, &c. shall be immediately attended to. GEORGE RALPH. Charlotte Hall, St. Mary's county, November 30—
Ship Timber, Plank, &c. WANTED at the NAVY YARD, Washington, a quantity of the undermentioned materials, for which the fair market prices at New York, Philadelphia, or Baltimore, will be paid on delivery, viz. THICK STUFF and PLANK of white oak and heart yellow pine of 12 to 14 inches in breadth, 30 feet long and upward, viz.
9 inch thick 5 inch thick 3 1/2 do. 4 1/2 do. 3 do. 4 do. 7 1/2 do. 3 1/2 do. 7 do. 3 do. 6 1/2 do. 2 1/2 do. 6 do. 2 do. 5 1/2 do. 1 1/2 do.
Logs of white oak, and heart yellow pine, from 12 to 16 inches square, and 16 to 30 feet long, Do. of 16 to 18 inches square, and 30 to 40 feet long, the prices will be greater, Do. of larger sizes and lengths, still more so. Timbers of live oak, cedar and locust, all sizes, Crooked logs, and pieces of white oak, walnut and chestnut, Knees do. do. Locust treenails, all sizes, Ash logs, and oak rafters, Handspikes and captern bars of hickory and ash, various sizes, Spruce pine spars, Do. lower yards, Do. half do. Do. topmasts. Also, leger and pipe staves and heading, of white oak.
Any person desirous of supplying a quantity, and willing to ascertain the prices, previous to delivery, will be furnished therewith on application to the subscriber, and describing the particulars. THOMAS TINGLEY, Superintendent. Navy Yard, Washington, Nov. 23—tf
TO RENT, THE house occupied by J. P. VANNES. Enquiry of John Little at the Treasury Department or of the subscriber, at Doct. John Seatt's George Town. Possession given on the 1st December. ABRAHAM JOY. November 7—tf
THE subscribers have opened a GROCERY STORE in the house near the Capitol, late occupied by Mr. JAMES D. BARRY—where they have for sale, low, for cash or in exchange for country produce. Genuine Cogniac brandy, inferior French do. Old Jamaica Spirits, Madeira, Sherry, } wines, by the quarter cask Lisbon, } and case, or smaller quantity. Claret, } Brown Sugar, rft and ad quality, Loaf and Lump, do. Molasses, Farkin Butter, Mould Candles, Sweet Oil, Spices of different kinds, Fig Blue, Starch, Almonds, Anchovies, } In bottles. Capers, } Powder and Shot, Excellent Wine Vinegar, Gin, Whiskey, Hylon, } Teas, fresh, and of su- Imperial, } perior quality. Young Hylon, } Salt Herrings in Barrels. PETER HEALY, & Co. Washington October 31—tf
WASHINGTON TONTINE. PERSONS desirous of an interest in this Institution, will please to take Notice, that books will be opened at Rhodes's Hotel in the City of Washington, at 11 o'clock on Saturday the 1st day of December, for receiving subscriptions of shares to the amount of 45,000 Dollars. Arrangements having been made at other places for the residue of the Stock. BEN. STODDERT. November 20th, 1804.
HAT MANUFACTURY. The subscriber informs his customers and the public generally that he has discontinued business in the city of Washington, and has opened shop on Bridge street near the Union Tavern—he solicits the continuance of former customers, and hopes that all others who may choose to call and purchase his manufacture will be amply suited, if neatness and goodness be requisites. JOEL BROWN. George Town, Feb. 17—tf
ALEX. MCCORMICK. AT his store on East Capitol Street four doors from the capitol square, has received and offers for sale a general assortment of liquors and groceries which he will sell low and warrant of as good a quality as any sold in the district of Columbia—He has 20 pieces fine Irish Linen, with sundry other articles in the dry good and hardware line. November 12—tf
NOTICE. A Legionary Court of Enquiry of the 1st Legion of the MILITIA of the district of Columbia, will convene at Rhodes's tavern in the city of Washington on Monday the 10th inst. at 10 o'clock in the morning, to hear appeals from the Battalion Courts, &c. By order of Lt. Col. Daniel C. Brent, W.M. D. BEALL, adj. 1st. L. M. D. C. December 5—3t
FOR SALE. The following City Lots, ON A LIBERAL TIME, Upon SECURITY, viz. LOTS—3, 4, 5, 6, 7, 8, and 9, in square No. 919.—Lots 1, 2, 7, 8, 9, 10, 15, & 16, in sq. No. 933. Lots 3, 4, 5, 6, 7, 13, 14, 15, & 16, in sq. No. 986. Lots 11, 12, 13, 14, 15, 16, 17, 18 & 19, in square No. 1042. Lots 5, 6, 7, 8, 9, 10, 11, 12 & 13, in square No. 1066. Apply to CHARLES MINNIE, Washington City, or to RICHARD C. JONES, at Philadelphia. Washington, August 3—tf. N.B. C. M. has sundry other lots for sale or ground rent (on easy terms to improvers,) and in eligible situations.
LOST ON Saturday last between High Street Georgetown, and the Navy Yard; a large GOLD LOCKET, with a profile likeness of the subscriber on one side, and plated hair on the other—the full value of the gold will be given if required, on delivery of the same to MAT. CLAY. Washington city, Pennsylvania Avenue, Nov. 30—
FALL GOODS. THOMAS CARPENTER, TAYLOR, Pennsylvania Avenue, near the President's Square, HAS just received a very handsome assortment of Fall Goods. Orders executed with the greatest dispatch and fashion, and on the most moderate terms. Oct 31—tf
IN pursuance of an order of the Orphans Court of the county of Washington in the Territory of Columbia will be sold at PUBLIC SALE, on Friday the 14th day of December next, at the dwelling place of the late Abraham Boyd, about three miles from the city of Washington and near Rock creek Church—ALL the Personal property of the said Abraham Boyd, consisting of several likely young Negroes, Horses, Cattle, Hogs, Plantation Utensils, Corn, Rye, Oats, Fodder, Hay, Household Furniture, &c. &c. The sale to commence at 10 o'clock A. M. ALL sums under Twenty Dollars, cash, for sums above that amount a credit of Nine months will be allowed upon the purchasers giving bond with approved security, bearing interest from the day of sale. WASHINGTON BOYD, Adm'r. Washington city, Nov. 26—9t
ADAM KING, & Co. AT their wine store in High Street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual, will be attended to with the utmost attention. George Town, November 5—tf
NOTICE. This is to give notice that the subscriber of Washington city hath obtained from the Orphan's Court of Washington county in the district of Columbia, Letters of Administration on the personal estate of ABRAHAM BOYD late of said county deceased—ALL persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof, to the subscriber at or before the first day of June next, they may otherwise by law be excluded from all benefit of the said estate. Given under my hand this 25th day of November 1804. WAS HINGTON BOYD, Adm'r. November 26—wjt
The subscriber in addition to his former supply, has just received from Baltimore and Norfolk, Noyou, Ratife, Citron and other cordials, 20 boxes, assorted pickles, Preserves, fruits, &c. A parcel high flavored cheese, 50 demijohns old Madeira Wine. JOHN BANKS, High Street, Georgetown. November 26—2w
5 Hhds. of Clayed Sugar, TO be sold at Scott's Warehouse, Water Street, on Tuesday the 11th inst. at 11 o'clock, for cash—without reserve, where it can be viewed at any time previous to the sale. BURNETT & RIGDEN, Georgetown, Dec 4—2t
Notice. ALL persons indebted to the estate of RICHARD FRAZER, deceased, by bond or otherwise, are requested to make immediate payment to the subscriber, as no further indulgence will be given. SAML. N. SMALLWOOD, Administrator. City Washington, December 5, 1804—F&M
Five Dollars Reward. WAS stolen out of the subscriber's stable, in the night, between the 26th and 27th of November last, a BLACK HORSE, between fifteen and an half and sixteen hands high, five years old, strong made, sloped rump, large hoofs, and lined all round. He had some white on his forehead and on his back towards the after part of the saddle. Whoever will deliver him to me, at the City of Washington, or give such information as will lead to his recovery, shall receive the above reward, from JAMES HOBAN. December 7—3t
Thus day received and for sale by MATTHEW EAKIN, CONFECTIONER, KING STREET ALEX ANDRIA. 15 Boxes Lisbon Oranges, A few boxes of Lemons, 7 Boxes of Almonds, 21 Boxes of Sweet Meats, A small assortment Lisbon Baskets, Together with a great variety of cordials and every other article in the Confectionary line. December 5—3t
BOARDING HOUSE. THE Subscriber has taken the upper part of that commodious house, in which Mr. E. RIGGS keeps store, a few doors above the UNION TAVERN, where a few gentlemen may be accommodated with boarding. JANE WHITE. Georgetown, December 5—tawq
TO LETT And immediate possession given—A two story FRAME HOUSE, four rooms on a floor, with a brick kitchen, and a large garden, nearly opposite Mr. Lairs, enquire as above. Georgetown, December 5—tawq
M. JONES, LATE OF PHILADELPHIA. RESPECTFULLY informs the Ladies of Washington, Georgetown and their vicinities that he has removed his fine goods and MILLINERY store to Bridge Street, opposite Jefferson Street Georgetown, and is now exposing for sale (at Philadelphia prices) the following articles—Fine thread laces and edgings, patent do. and cloaks, white and black lace veils, lace and pic nic gloves, fine silk velvets of every fashionable color, rich farinets, white and black silk Mantillas, chequer'd and damask silk shawls, cambric mull and camels hair do. neck and shoulder comforts, fancy handkerchiefs, ribbons of every description, a large collection of cotton, bead and silk trimmings, mull mull, colonnade, lace and cambric mull, elegant linen, do. and shawls, linen cambrics, chintzes and cottons, a large assortment of habit, extra and common length gloves, flowers and feathers, gold and silver ornaments, fans &c. &c. Also velvet, split straw, and dunnable millinery, with a variety of other fancy goods. Georgetown, November 14—3tdawtf
The subscriber has just re- ceived and offers for sale, a few Pipes, and half pipes London particular Madeira wine, Old and of a superior quality, 25 casks Sherry wine, 4 pipes Sicily Madeira, do. 3 pipes Holland gin, 6 Casks Souchong tea, A few small casks Hylon chulan tea, 70 barrels New-York Pippens and Spitzen-burgh. He has also on hand, Jamaica rum in hoggheads, Cogniac, and other French brandy in pipes, Molasses in hoggheads, Claret in cases, Excellent Lisbon wine by the pipe or quarter cask. WM BRENT. Washington, Nov. 26—3w
NEW STORE, SEVEN BUILDINGS, CITY OF WASHINGTON.
THE Subscriber, who lately opened store at the west corner of the Seven Buildings, has just received by captain Elwood, from Philadelphia, an extensive assortment of dry goods, amongst which are a variety of fancy articles, viz. London superfine and second cloths, cassimere, nappys, coatings, forrest cloths, bockings, London hats, fannels, bays, blankets, counterpanes, dimities, stuffs and durants, London best letter paper, common writing do. scaling wax, wafer, quills, pencils & paste board, fancy waistcoating, linens, Irish and German, Russia sheeting, dia. per, bed ticking, velvets, cords and thick sets, patent bennets cord, Barcelona handkerchiefs, bandannos, one bale coarse mullina, checks, shirting mullin, best Spanish segars, chandeliers, goblets, decanters and salt cellars. Piana fortes, violens, violens strings, music, fresh hylon tea, &c. The subscriber has imported his London superfine cloth, hats and part of his other woollens himself and can therefore sell them unusually low by wholesale and retail. THOMAS W. PAIRO. Nov. 9—3t&w
FOR RENT. THE farm adjoining the city at present in the occupation of Thomas Jenkins. Possession to be given on the 11th day of December next. Application to be made to the subscriber. WM. BRENT. Washington, Nov. 14—3w
Baily Washington, On New Jersey Avenue, near the Capitol, next door to Mr. Docker's Soap and Candle Manufactory, has received by different conveyances, in addition to his former stock of Goods, the following articles: BLACK, olive, dove, and drab constitution cards of a very superior quality, yellow and white do. do. corduroy and velvets, men's white, black and flesh coloured silk stockings, do. fine lamb's wool black & grey worsted do. Men's fine white worsted and gauze do. Do. do. white cotton and fancy do. Do. do. lamb's wool and worsted half do. Do. do. beaver, drawn tan, white kid and worsted gloves, Do. do. white and black silk do. Women's do. black worsted and silk stockings, Do. do. white cotton and gauze do. Do. do. extra long black & white silk gloves, Do. do. white, colr'd kid & cotton do. White and coloured camels hair shawls, cañiques, chitzes, white and coloured cambric mullins, plain and tamiasped fine cotton shawls, ladies' white and coloured kid shoes and slippers, gentlemen's black Morocco do. do. superfine and coarse cloths, cassimere, rose and duffil blankets, &c. &c. with a number of articles in the Grocery line, which he is now vending at the most reduced prices. N. B. A few hogsheads of very bright TOBACCO is wanted; for which Cash will be given. November 17, 18, 1804.
E. OLIVER, HAS REMOVED TO THE HOUSE IN BRIDGE STREET, Lately occupied by Mr. PAIRO, and opposite Messrs. Dyer and Smith's Where the respectfully informs the Ladies of Georgetown and Washington, that she has just received, and will open on Monday next, a very large and elegant assortment of MILLINERY & FANCY ARTICLES, all of the very newest fashion, and immediately from on board the ships Pigeon and Aive, just arrived at Philadelphia from London. CONSISTING OF SUPERB lace and other shawls, Do. head handkerchiefs, Do. damask table do. Black and white lace veils, Black lace shades, Black and white lace edgings, Real gold spangles, Do. Gold thread, Gold and silver cords and tassels, Gigant silk cords & tassels of all sorts & colors Do. cotton do. do. Real lace gloves, Do. pic nic do. English extra long silk do. Do. do. do. white kid, Ladies beaver and Venetian gloves, Ribbons of the newest fashion and of every description, Feathers, flowers, artificial wreaths and bunches, a very beautiful assortment, Do. straw wreaths and bunches. Ladies and gentlemen's white and colored silk stockings, Do. white cotton do. Fleece hosiery gloves, Woodstock, beaver, fawn-skin and raw silk gloves, Murray's shoes, Gold, silver, beaded, cheniel, and bugled trimmings for ladies dresses, New fashioned gold and silver bandeaux and sprays, very beautiful, Satin for dresses, mantuas, velvets, plush gauzes, modes, farcenets, linens & dinettes Dress fans—silk and Madras bandeno and dress handkerchiefs, Silk elastic garters and suspenders, Tortoise shell combs for ladies and gentlemen, Muffs and tippets—Far for trimming, Straw, chip, and Leghorn bonnets and trimmings—Litz bonnets—Furniture, fringe and tassels—Beads, bugles and spangles—Netting cotton—Hair powder and pomatum, Vellum, Prussian binding and narrow lace for officers—Sword knots—Gold and silver embroidered button holes, English Jockey caps for boys and children, Gentlemen's silk and cotton suspenders and neck pacs. With a great variety of other articles. Georgetown, Dec 4—2aw3w
Fanaway on Monday the 26th of November 1804, living in Fairfax county within 3 miles of the New Court House, a negro man named ELLIC about 28 years old and about 5 feet 9 or 10 inches high, a yellow complexion and down look when spoken to, small legs and large ankle and crooked feet, several of his fore teeth out, has been addicted to running away and has changed his name several times and probably he may change his name again—had on or took with him a brown short coat with yellow mettle buttons and a swandown waistcoat striped different colors, pantaloon striped velvet of a dark color, coarse winter stockings and shoes, also coarse tickleburg flint, also his last winter clothes which are chiefly white—whosoever apprehends the said negro if in the said county shall receive 3 dollars, if taken out of the said county shall receive 10 dollars if secured in some jail so as the owner may get him again, if brought home all reasonable charges paid. N. B. All owners and masters of vessels are forewarned from secreting or harboring the said negro. HAMBLETON THRIFT. December 5—3tand3tUG
A FEW Hundred bushels of white, well burnt SHELL LIME, will be sold for cash, at 16 DOLLARS the 100 bushels, if applied for immediately, a less quantity than 100 bushels will not be sold at this price. Apply to CON. CONNINGHAM. November Cash will be given for WELL cleaned EARLEY. December 7—2t&w
Just finished, and for sale by Rapine, Conrad, & Co. NEW JERSEY AVENUE, NEAR THE CAPITOL. A view of the soil and climate of the United States of America, with supplementary remarks upon Florida; on the French colonies on the Mississippi and Ohio and in Canada; and on the aboriginal tribes of America, by C. F. VOLNEY, Member of the Conser-vative Senate &c. &c., with Maps and Plates. Price 2 Dollars 50 Cents. December 5—
Deneale's. PATENT THRESHING MACHINE. THE subscriber having invented a machine (for which he has obtained a patent) for threshing all kinds of grain, particularly wheat and those kinds of grain most difficult to be separated from straw, stem or chaff, takes the liberty of recommending the same to his fellow citizens as worthy their attention. The subscriber is well aware that the public attention has often been solicited to inventions for threshing wheat, and it has been lamented that those inventions have often fallen short of the desired effect, but from the actual experiment which has been made on the one now offered to the public, the inventor is emboldened to recommend it in terms of confidence and a well-grounded expectation of its becoming of great profit and utility both to the farmer and manufacturer. This machine is constructed upon entire new principles, its operation is by sails, encircled by a cylinder, moved by friction wheels, and can with ease be regulated so that no straw shall pass off before the grain is entirely threshed out of it. It is worked by two horses, and so geared that their speed will not exceed the rate of three miles per hour and the draught moderate; nor does it require more than two persons to attend it. The straw is discharged at one part and the wheat at another, perfectly screened and fanned ready for market: the strawled wheat, cockles, &c. are deposited by themselves and the chaff also, so that no mixture takes place.—This machine will thresh at the rate of, from fifteen to twenty bushels per hour, is not subject, if properly built, to get out of repair, and if kept under cover will last many years. The wheat prepared for market by this machine is worth to the manufacturer considerably more than that got out in the usual mode of treading, and the cost of the machine will not exceed from one hundred and fifty to two hundred dollars. The subscriber will give permits to use his threshing machine and furnish a drawing or written description by which it can be executed for fifty dollars each, or any person can view the one he has erected at his mills near Dumfries, Virginia, so as to enable them to erect one from it. The subjoined certificates being from gentlemen whose good understanding and steady habits entitle them to respect, and some of whom being persons of scientific knowledge, he hopes will be sufficient to recommend his machine to public use: he will also contract for the privilege of using his machine in any particular state. Letters paid directed to him at Dumfries, Virginia, will be duly attended to. JAMES DENEALE, Junr. Dumfries, Dec 3, 1804.
Dumfries, 30 Oct. 1804. WE, the undersigned, inhabitants of the town of Dumfries and its vicinity, having frequently attended experiments made with a machine, invented by Mr. James Deneale, of the Quantico Mills, near this place, for the purpose of threshing out wheat, have no hesitation in giving our united testimony in support of the usefulness which will result to the community from this excellent invention. As Mr. Deneale is about to apply to the proper authority for a patent when the construction will be generally diffused, we deem it unnecessary to add more on the subject. Jno Macrae, David Boyle, James Read, Bernard Gallagher, Hector Alexander, William Smith, Jno. Gibson, William Farrow, George Smith, Joseph Gilbert, Alex. Henderson, Thomas Chapman, Luke Cannon, A. Sowden.
Oscoguan, 30th Oct. 1804. BEING called on by James Deneale, of Dumfries, in the state of Virginia, to view a Threshing Machine of his invention, and executed by himself, for which he is about to obtain a patent, I waited on him, but went with prejudice against all threshing machines heretofore invented, having never seen or heard of one that answered a good purpose, and hardly thought it likely that this should be much superior to those which had preceded it; but contrary to my expectation, it did its work perfectly, leaving not a grain of wheat in the heads, nor even any chaff on the grains, it made no difference whether the wheat (in the straw) was put into the machine in a straight or in a tangled state, it delivered the straw well, and did not appear difficult to manage, nor so complicated as to be hard to keep in repair: it threshed, while I stood by, nine dozen sheaves of wheat, (such as two dozen in common seasons would have made a bushel) in fifteen minutes, so that I have no doubt it will thresh fifteen to eighteen bushels an hour with two horses to draw it, and two hands to attend it with much ease to the hands and horses with the assistance of a common Dutch fan placed under the machine, which would be turned with and by the machine, the wheat might be rendered nearly fit for market, with only the expense of two hands and two horses working at leisure at the rate abovementioned of fifteen to eighteen bushels an hour, clear from all dirt or filth of any kind. And as most Millers would find it their interest to give 3d to 6d per bushel more for wheat got out in this way than that got out in the ridiculous mode of treading with horses on the dirt; I can with confidence, and on the principle of doing to others as I should wish others to do to me recommend this machine to all considerate farmers as worthy their most serious attention and adoption. Seeing the farmers generally in this state do not get for their wheat within 6d to 1s. per bushel of what the northern farmers get at market, I attribute the cause to the difference in management only. N. ELLICOTT. December 7—2t&w