The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-01-18 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1133.
FIVE DOLLARS PER ANNUM.
MONDAY, JANUARY 18, 1808.
PAID IN ADVANCE.
BY AUTHORITY.
AN ACT
Extending the right of suffrage in the Mississippi territory; and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That every free white male person in the Mississippi territory, above the age of twenty-one years, having been a citizen of the United States, and resident in the said territory, one year next preceding an election of representatives, and who has a legal or equitable title to a tract of land, by virtue of any act of Congress, or who may become the purchaser of any tract of land from the United States, of the quantity of fifty acres, or who may hold in his own right a town lot of the value of one hundred dollars, within the said territory, shall be entitled to vote for representatives to the general assembly of said territory.
Sec. 2. And be it further enacted, That the general assembly of the territory aforesaid, shall have power to apportion the representatives of the several counties therein, or which may hereafter be established therein, according to the number of free white male inhabitants above the age of twenty-one years, in such counties: Provided, That there be not more than twelve, nor less than ten of the whole number of representatives, any act or acts to the contrary notwithstanding, until there shall be six thousand free white male inhabitants of full age in said territory; after which time the number of representatives shall be regulated agreeably to the ordinance for the government thereof.
Sec. 3. And be it further enacted, That the citizens of the said territory, entitled to vote for representatives to the general assembly thereof, shall, at the time of electing their representatives to the said general assembly, also elect one delegate from the said territory to the Congress of the United States, who shall possess the same powers heretofore granted to the delegates from the several territories of the United States, any thing in the ordinance for the government of said territory to the contrary notwithstanding.
J. B. VARNUM,
Speaker of the House of Representatives. GEO. CLINTON, Vice President of the United States, and President of the Senate.
January 9, 1808.
APPROVED,
TH. JEFFERSON.
This is to give Notice.
THAT the subscriber of Prince George's county, hath obtained from the Orphans Court of Prince George's county in Maryland, letters testamentary on the estate of Francis Clement Dyar, 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 August next, they may otherwise by law be excluded from all benefit of the said estate.
Given under my hand this 7th day of January eighteen hundred and eight. ANNE DYER, Executrix. January 15—v 3
NOTICE.
A GREAT BARGAIN.
INTENDING as soon as possible to remove to the state of Tennessee, I will sell for cash as great a bargain as has been known in this part of the country for 50 years past—That elegant estate called ARRLINGTON, beautifully situated on the Potomac river, directly opposite the city of Washington;—containing about 460 acres, and now leased for a term of years to the Messrs. Wises for 360 dollars, per annum, with stipulated improvements to be made to some extent, which, with the buildings, &c. are to be returned at the expiration of their lease in good order. An early applicant may be assured that he may have an opportunity of vesting his money to great advantage, both for himself and his posterity, as it will be sold a sacrifice in proportion to what it was thought to be its real value before the lease was given, but it will be thus sold, in order to enable the subscriber to remove to Tennessee. She has other lands in the district of Columbia, two miles from George Town, to be exchanged for good lands in Tennessee. For terms, &c. application to be made to Baldwin Dade, Esq. Alexandria, in whose possession the title papers are lodged, and who is legally authorized to contract and convey all or any part of these lands. For terms apply to Mr. Joseph Wharton, broker, city of Washington.
B. DADE, for
Catharine M. Alexander
January 6—lawt
National Intelligencer.
About sufficient time has elapsed to ascertain the impression made on the public mind by the embargo. As far as this impression has been ascertained, the sentiments we expressed at the time it was imposed have been completely verified. Among the Agricultural and manufacturing classes of the community it has excited no dissatisfaction. It has rather been hailed as a just claim upon their patriotism and fortitude, as one of those severe and strong measures to which true friendship does not hesitate to resort in extraordinary cases. No state in the Union will sustain so much temporary inconvenience from it as that of Virginia; and no equal number, perhaps, of individuals in the nation feel these evils more sensibly than those who compose her legislature. For no state in the Union raises so great a surplus of productions which depend so entirely on a foreign market for their disposition; and it is probable that the stake which the members of her legislature have in such disposition is greater than that of the same number of men in any other state. Yet we perceive, to their honor, that in a crisis of national danger, they spurn the idea of allowing any competition either between their personal interests and the public safety, or of enjoying, for a moment, the benefits of an exposed commerce at the risk of the ultimate prosperity of their country. Their vote of approbation, by its near approach to unanimity, shows that a hostile party spirit either does not exist at all, or that it is too small to excite the smallest uneasiness.
It is true that as a party, the federalists opposed this measure. But of whom does this party consist? Of a few leaders as they have heretofore justly been called; but who, for a considerable time past have forfeited all pretensions to the name by the desertion of almost the whole of that portion of the people who once had confidence in them. They yet retain the vain prerogative of clamoring against every measure of the government; but as to influence with the people it is gone. They enjoy the right, and riot in its exercise, of ascribing motives, which they know to be untrue, to those who administer the government; but the people have long since looked upon them with the same indifference, though not equal curiosity, with which they behold the legerdemain of the juggler, or the gaudy pageant of the showman. Of this we have recently had an illustrious proof. Certain communications were made by the President to Congress, on which the embargo was laid. Of these a part were confidential. It was known that they could not therefore in honor be disclosed. Hence the occasion was seized with eagerness to calumniate the motives which dictated the measure, and to delude the people. French influence, without a shadow of reason, was rung through the Union, by men who one day will blush at the detection of their falsehood. But what has been the effect? A few party prints have made a racket, but the temper of the nation remains unruffled and undismayed. It reposes in confidence on the virtue of the government, on that patriotism which has never been found wanting.
If this measure is satisfactory to the agricultural and manufacturing interest, we have the strongest, the most conclusive proofs of its propriety. For, however clamorous a certain set of men may be whenever the topic of commerce is introduced, it is nevertheless most certain, that whatever in the highest degree secures and promotes agriculture must likewise in the highest degree advance the interests of every other class of men. For agriculture is the fountain-head of all our prosperity and strength, and it is only so far as commerce aids it that it is worthy of encouragement. No honest trader, who understands his business, will deny this.
It is true, that the clamor which has been raised against the measure has sprung up in commercial towns. But it should be recollected that it is there that most foreign influence resides, and consequently the greatest portion of systematic opposition to the measures of a government in collision with those nations from which this foreign influence emanates. Who will pretend to say what part of the
commercial capital in those towns is foreign capital? And who will undertake to say whether those who hold their capital have not a guarantee of their property against those imminent dangers that would overwhelm the fair American trader? Further, who will pretend to estimate the benefits which such an exemption from risk on the part of the foreign capitalist would give him over the bona fide American merchant, in a period when the rates of insurance might be expected to rise to 20 or 30 per cent. The benefits would be incalculable. They would, however, be not merely those of the individual traders, but would in fact go to swell the treasures and increase the resources of an enemy. For it requires no extraordinary sagacity to see that, if owing to an arrangement of such capitalists with the foreign power to which they are wedded, their risks on the ocean should be merely nominal, while those of the bona fide American traders were real, they would in fact put into their pockets the full amount of insurance saved, by being spared the necessity of resorting to such a step. It is to this foreign influence then that this clamour is principally to be ascribed; and, consequently, so far as it proves any thing, it is an argument in favor of the measure.
TO THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES.
WE, the representatives of the people of Maryland, highly appreciating the happiness and prosperity of the United States, would do injustice to our own feelings, and those of our constituents, did we not, at this eventful crisis, offer to you this our testimony of the wisdom and integrity of your administration, and our approbation of those measures which, under the guidance of Divine Providence, have secured to the American people the blessings of peace, whilst war and insatiable ambition have devastated the fairest portions of Europe. But when we indulge in mutual felicitations at the enjoyment of that tranquility, under the auspices of which our country hath grown rich and great, we have most sincerely to lament that an honest endeavor to do equal justice to all nations, under a dignified neutrality, hath not availed to exempt our happy shores from the sound of war. A national vessel, bound to a distant service, hath been wantonly and unprovokedly attacked by a British ship of war, in sight of our own coast, and almost within our own harbors—the blood of our brave seamen hath flown in this barbarian outrage, and their lives have fallen the victims of piratical domination—other American citizens, sailing under the protection of that flag, and in the service of their country, have been dragged from that protection and service, confined in a degrading captivity, and compelled, ignominiously, to fight in the war of nations with whom we are at peace, and in whose animosities the government of our country evince no participation. The citizens of Maryland, indignant at this flagrant and unprecedented outrage upon our national character, assembled in various districts of the state, and manifested their feelings in addressing the constituted authorities of their country in strong and energetic language, and we, the common organ of their will, would unfaithfully represent that people, did we fail to reiterate, their high resentment and patriotic determination, to brave all the calamities of war rather than tamely submit to the tyranny and insolence of any nation.
Well aware that the peace of our country is menaced from various quarters, and that it is our duty to take a firm and decided stand against any nation that may demand concessions incompatible with our honor and independence, we avail ourselves of the moment, to declare our confidence in the firmness and energy of the present administrators of our government and our disposition to sacrifice our lives and property in repelling the wanton aggressions or lawless claims of all nations. Although the blood of our countrymen hath been shed, and our citizens led into captivity, by the arm of a foreign power, and although domestic traitors have reared their hydra front, and endangered our peace and national happiness, still we indulge the pleasing reflection, that
the government of our country have preserved a manly and dignified attitude, evincing to the world an unshaken determination to concede no point inconsistent with the honor of our country, and the safety of its citizens. But notwithstanding this well-grounded confidence, we should do great violence to our own feelings, and those of the citizens of Maryland, did we fail to communicate our sentiments upon one point in dispute in this country & G. Britain—we mean the general right of our flag to protect all American seamen who sail under it. It is with the most poignant sensations we recognize the fact, that thousands of our native citizens are at this moment confined in ignominious bondage on board of British ships of war, exiled from their country, their families and friends, and compelled ingloriously to fight for the establishment of principles repugnant to natural justice and the usage of nations; and it is with strong emotions of contempt we hear this inestimable right treated as trivial and unimportant, and declarations made, that the U. States ought not to hazard the horrors and calamities of war for the protection of her citizen seamen. Though we fervently deprecate the evils of war, and though we highly appreciate the value of peace, yet we sincerely hope that the general protection of American citizens, sailing under our flag, will be made the sine qua non of our amity with every nation on earth.
Whilst we duly appreciate the motives which induce you to decline being considered among the number of those out of whom the choice of our next president is to be made, and whilst we revere the patriotism which dictated those motives, permit us still to indulge the pleasing hope, that when the next period of presidential election approximates, should the united voice of your country require it, those same motives, and that same patriotism, will induce you to sacrifice your own private wishes and convenience to your country's good. But whatever may be your final determination, whether to retire to the bosom of domestic tranquility, or to remain the First Magistrate of a Free People, a faithful public service of forty years, hath erected a monument in the hearts of your fellow citizens, which time will never erase. With a tender of our lives and fortunes to obtain an honorable indemnification for the past and unequivocal assurances of security for the future, accept our best wishes that the most perfect happiness may await the evening of your days; and receive, as a tribute to your merits, the assurance of our highest consideration and esteem.
By the Senate, January 6, 1808.
Resolved, That the Executive of Maryland be requested to transmit the above Address to the President of the United States.
By order,
THO. ROGERS, CLK.
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE.
On the Resolution for requesting the President to cause an enquiry to be made into the conduct of General Wilkinson.
TUESDAY JANUARY 5.
CONTINUED.
Mr. TROUP would make one observation in addition to what had been said by the gentleman last up. Whether the evidence before the House was material or not, whether the character of General Wilkinson was above suspicion or not, or whether it was unimportant that the commander in chief of the army of the U. S. should sustain a good character, it was not necessary for him to say; but before it was determined to increase the regular force of the country the House should be prepared to say that James Wilkinson, who was to command it, was qualified to direct that force for the defence of the nation against its enemies, and that it was impossible for him to direct it otherwise. The army, to enable them to do their duty, must have confidence in their general, and the people of the country must be satisfied that the ambition of general Wilkinson was limited, and that his integrity and patriotism would forbid the abuse of his power. For this reason, and this alone should he vote for an enquiry. The sooner the conduct of this man
was justified if he were innocent, or condemned if he were guilty, the better for the country; and if his conduct stood in the eyes of Mr. T. as white as the driven snow, he should vote for an enquiry after the evidence and charges which had been exhibited.
Mr. QURNEY did not consider himself on this occasion as passing on the conduct of gen. Wilkinson, nor did he consider it necessary on this occasion to canvass the conduct of the Executive or of any officer of the government. Their only object now was to understand their own situation and form a correct opinion. He should make to the House a very short statement of what he thought, and the reasons which would determine his vote. They were called upon to do what? To vote for an enquiry? No—to make a request for an enquiry. Some gentlemen had doubted whether they would exercise a constitutional power in requesting an enquiry. Mr. Q. considered that they had a right to express a feeling or a wish; and that they had a right to express their sentiments and opinions on any subject, if the evidence produced to them or if their own knowledge would warrant such opinion. A gentleman in his place had stated to the House that he had evidence in his possession relative to this public character; not only that he had this evidence, but also referred to another who could give information on the subject. And what had the House done on the occasion? It had neither asked the gentleman to produce the documents which he had, nor had called upon the delegate to give information on the subject. Mr. Q. could not reconcile this to his sense of consistency. It appeared to him there had been evidence sufficient produced to the House, to induce them to express a wish to know more.
There had been but one objection of weight made to the present resolution—that it would bear hard upon gen. Wilkinson. The House were placed in such a situation that they must do something. Whether should they adopt the resolution or not? In the one case they did all they could to further an enquiry by laying evidence before the Executive and requesting him to cause an enquiry thereupon; in the other, they did all they could to smother an enquiry. Without alluding to evidence and information which had been adduced on this floor, it appeared to him that it was perfectly within the right, perhaps the duty of the House under general reports, whether correct or not he would not say, and from some circumstances, to request an enquiry; and that, under existing circumstances, they had a right without the evidence produced, to express their opinion on the subject, and to request an enquiry, even in justice to general Wilkinson, that he might have an opportunity to relieve his character from the clouds with which it was overcast. Under this view, it appeared to Mr. Q. that the House would not exercise the rights with which they were vested for the public good, or do their duty to the people, if they did not adopt the resolution.
Mr. CHANDLER said gentlemen appeared to urge the adoption of the resolution, to furnish the Executive with information which the House had in its power. A gentleman had risen in his place, and read to them a letter which he had stated to be from Mr. Power, and other papers some of which were said to be translations. Mr. C. knew of no way in which to get this evidence to the President of the U. S. except the papers were laid upon the table. If gentlemen possessed evidence which would be sufficient to convict gen. W. of a crime of a civil nature, let them inform the Attorney General of the U. S. that he might institute a suit against that officer. If the evidence impeached his conduct as a military officer, send the evidence to the court which would sit on Monday next to enquire into his conduct as a military man. If the House were to act on this subject in any manner, it must be to procure evidence to be sent to a court. He did think it necessary for his part that an enquiry should be made. An enquiry was in progress; and he should therefore vote against the resolution.
THURSDAY, JANUARY 7.
Mr. RANDOLPH having moved the consideration of his resolution.
Mr. TURVEILL offered the following resolution which he thought ought to

be adopted before the original resolution was again considered.
Ordered , That Mr. John Randolph a Representative in Congress, from the state of Virginia, and Mr. Daniel Clark, delegate from the territory of Orleans, be requested to lay upon the Clerk's table all papers or other information in their possession in relation to the conduct of Brigadier General James Wilkinson while in the service of the U. States in corruptly receiving money from the government or agents of Spain."
Mr. RANDOLPH withdrew his motion to make way for the consideration of this resolution; and
Mr. BURWELL moved the adoption of the above resolution. He was not conversant with the form which might be proper in such a resolution; if there was any error in it, he should be obliged to gentlemen to correct it. He had incorporated in this resolution the terms of the original resolution offered by the gentleman from Virginia. The object proposed by this resolution was, that the evidence in the power of these gentlemen should be laid upon the table for the inspection of other gentlemen. Another object was, that as it had been said that they were unwilling to hear what the gentleman from N. Orleans had to state, he for one wished to shew that he was anxious that the testimony of that gentleman might be laid upon the table that the House might know what it was. If it was injurious to the character of the officer implicated, let it be known to the nation; if not, let the fact be known. The information not being disclosed, it might operate from supposition much more injuriously to the character of this officer than if it were in their possession. He thought it was the duty of the House to give the delegate from Orleans an opportunity of stating all he knew.
Mr. B. said it would be found by the resolution which he had offered, that he had called for papers exclusively. If any thing given to the House were to be used as testimony, it ought to be reduced to form so as to be incapable of misinterpretation. If the gentleman from Orleans were in possession of any facts or personal knowledge, Mr. B. supposed it to be perfectly within the meaning of the resolution that he should lay them upon the Clerk's table as deposition or in any form that he should think proper.
Mr. B. had not changed his opinion since he spoke last. While he thought that it was due to the nation and to the character implicated that an enquiry should be made, he had drafted this resolution that the nation might see fully and fairly the grounds on which the House should request an enquiry. He had before expressed his hostility to delaying the business by a reference to a committee. He had understood the original resolution to be grounded on evidence from the gentlemen from Virginia and N. Orleans; his object was merely to procure for the use of the House those papers which were in their possession. He had no idea of putting this business into such a train that it would take years to collect the testimony. They were not to try this person; but he wished to have evidence on which to adopt the original resolution or some other expressive of their opinion. If the resolution which he now offered should produce all the testimony in the possession of these gentlemen, the House would then be able to take some definitive step, and there would be an end of the resolution. His only wish on this subject was for a fair, candid, and impartial investigation.
Mr. RANDOLPH had no doubt that this motion of his friend from Virginia was intended to produce a very different result from that which must ensue from its adoption. The very manner in which the gentleman had met his resolution would dispose Mr. R. to agree to this proposition; but it might happen and probably would be the case, as the gentleman from New Orleans had laid upon the table a letter relating to the subject, that it might be the only paper in his possession which related to the subject, at the same time that the gentleman might be possessed of personal information. He might perhaps personally know and might give to the House, as also could another gentleman in the House, if called upon, a list of those who were intimately acquainted with these transactions; and it would be found that this same 9000 dollars was but a single subsidy. For himself Mr. B. said he had no personal information to give, it could only be expected from the gentleman from New Orleans. He would suggest an amendment to the resolution including information as well as papers in the general request.
Before he sat down, he begged leave to state, that it had been his intention from the beginning, so soon as the House should have sanctioned the resolution which he had laid upon the table & about which he had not conceived that there could be a difference of opinion, and had thought, as did the gentleman from Pennsylvania (Mr. Smilie) but who had changed his opinion as to the mode at least—Mr. R. hoped not as to
the substance—that it should be unanimously adopted; he said it had been his intention so soon as this had been agreed to by the House to have put every paper in his possession upon the table, that they might receive that direction which the House should choose to give them. He had no intention of withholding them. He had conceived that being read by him in his place, being as he pledged himself to the best of his knowledge, and as appeared from the face of them, authentic, they were abundant ground for the adoption of the resolution, that an enquiry into this matter ought to be instituted. The resolution did not pronounce on the guilt or innocence of this person; it only declared that an enquiry ought to be had. But they were told an enquiry was now instituted; this might or might not be true; they had no official information of it. Granting it to be as stated, how did they know that the enquiry went to this object? How did they know that it might not be for some other military conduct? But allow that it was for this very object, would any gentleman say how a court of enquiry was to coerce evidence? Could such a court commit or fine a person for contempt of summons? Many of the evidences to these facts might be military people. Mr. R. wished to know whether the mandate of a court of enquiry could bring even a centinel from his post without an order from his superior officer! It could not; much less could it affect a member of this House or a person from Kentucky, who, though they knew much, might be reluctant, extremely reluctant, to disclose what they knew. This court of enquiry therefore to all beneficial purposes, would be a mere semblance of an enquiry. Supposing the utmost zeal in the parties to probe the matter to the bottom, it was utterly impossible from the nature of things that they could execute that purpose.
Mr. R. confessed he had wandered from the purpose for which he rose, and asked pardon of the House for it. He then moved to amend the resolution by inserting after papers, "or other information."
Mr. Burwell acquiesced in this amendment, which is incorporated in the resolution as stated above.
Mr. Holland wished to know if the information contemplated was expected to be on oath or affidavit?
Mr. Burwell said it was his object that it should be given on oath.
Mr. Holland said that if the object of the gentleman from Virginia was to obtain information on oath, he contended that the letters of Power or Gayoso could not be received, as they were not on oath. And if it were on oath, what was the information of Power? It had been before observed that Power had discredited himself. Would they contaminate the Clerk's table by receiving such information, or their officers by recording it? If they did they should not have his assent for it.
Mr. Love expressed himself in favor of the resolution in its present form, but was opposed to the proposition, that the statements which should be made in conformity to it, should be on oath, as he understood the gentleman from North Carolina (Mr. Holland) to wish: Mr. L. said that the first impression the original resolution had made on his mind, and which he had stated on a former day was that the House had no right to act on the subject of it: That it contemplated an enquiry which was exclusively of Executive cognizance, he could not therefore consent to give the enquiry in the legislative body, a form and mode of procedure, which would amount to a recognition of their right to act on it. That if gentlemen who stated they had information relative to a certain military character, which it was important should be known, chose to comply, with the request made them by the resolution under consideration, he was willing to receive it, and transmit it at once to the proper department authorised, to judge of the propriety of instituting an enquiry; but he did not want it on oath, that if on oath, it would have no greater effect with him, than on the honor of any gentleman of the House, who in any case uttered an assertion; neither mode would offer any testimony, which could in his opinion be noticed in that House; and that in either way it would alike afford the necessary clue to the proper tribunal to come at the evidence if any existed. To that tribunal which alone was competent to act he would offer the means of acting, if indeed they had such means; where both parties could be heard, and the question could be brought to an ultimate and efficient termination; where the prosecuted would enjoy the right secured to every man, of being confronted with his accusers, of cross-examining the witnesses introduced against him, of producing testimony in his favor, and of an impartial trial. Let gentlemen then make a statement of any knowledge they may have on the subject of the resolution, and let that be conveyed to the proper department, and if those gentlemen who say they possess this information do not attend, where they shall be called on to give it, and where, if any where, it can have effect, let the consequence
be on themselves. This House he hoped would throw no impediment in the way of an investigation, which shall have a fair result, but he deprecated the mode which was attempted to be pursued of an ex parte hearing and decision.
Gentlemen who have advocated the original resolution, had called the legislative body of the nation, a grand inquest ; for his part, he said, he knew but one kind of grand inquest, it was that which was summoned and empaneled to aid in the administration of the laws; which was attendant on the courts properly constituted for the trial of offences; but the legislative body could not be supposed to be a grand inquest of that sort; it more resembled, in the powers the mover of the original resolution would have it exercise, a court which once had an existence, in a country said to have enjoyed a considerable share of freedom, but even there, that court had long been abolished. The court of Star Chamber, in England, Mr. L. said he alluded to, which while it had an existence, was said to possess a kind of equitable criminal jurisdiction, deciding on the guilt or innocence of parties, according to its own conscience. It had been said, and with truth, that this was but a request, to be made to the President of the U. S. but where, said Mr. L. is the right given to the House of Representatives to make this request, and so far to undertake to judge of the proper concerns of another department of the government? The right of requesting the impeachment of a civil officer, was expressly given this body, by the constitution, but the military officers are not within this description, and can only be brought to trial for a military offence before such a tribunal, or for a civil offence before a court of justice, and by due process of law: Mr. L. said, he would be for receiving any statements gentleman had to make; and for transmitting them, by a simple order, without a request of any kind to the authority which properly had jurisdiction of the subject.
(TO BE CONTINUED.)
FRIDAY, JAN. 15.
Mr. Parke from the committee to whom the subject was referred, reported a bill for extending the right of suffrage in the Indiana territory; which was read twice and referred to a committee of the whole.
Mr. Porter from the committee to whom the subject was referred, reported a bill supplementary to an act, entitled "an act for the relief of persons imprisoned for debt;" which was read twice and referred to a committee of the whole.
Mr. Green presented a petition from the inhabitants of Nantucket, praying the erection of certain bouys in the entrance of Nantucket and other places.—Referred to the committee of Commerce & Manufactures.
Mr. G. W. Campbell from the of committee of Ways & Means reported a bill for relief of Edward Weld and Samuel Beebee; which was twice read and referred.
The bill for continuing the salaries of certain officers of government was returned from the Senate with an amendment making those salaries "perpetual."
Mr. Stanford said the word "perpetual" was an unusual phraseology. The bill was a partial and not a general bill, or he should have no objection to its being made permanent . He moved that the House do not concur with the amendment, & called for the yeas and nays upon the motion.
Mr. Campbell moved to amend the amendment, of the Senate by inserting "permanent" instead of "perpetual."
Mr. Stanford objected to this; for by omitting the term of limitation to the bill, the Senate had made it permanent till repealed; so that "permanent" or "perpetual" were superfluous.
Mr. Campbell withdrew his motion.
Mr. Stanford's motion recurring.
After a long and desultory discussion, Mr. Bibb moved to strike out "made perpetual," and insert "continued in force without limitation."
This motion was negatived.
The question then recurring on concurrence.
The question was taken by yeas and nays on concuring and negatived—yeas 26, and 82 nays.
Mr. Randolph from the committee appointed to wait upon the President of the U. States with two resolutions passed on Wednesday last, together with certain documents laid on the table of this House, reported that they had obeyed the order of the House and had received for answer from the President that, in relation to the first resolution, he would send an answer to the House in writing; and, in relation to the second, that he would give to the House such information not improper to be disclosed, as comes within the scope of that resolution, and which might be in possession of the Executive department.
Mr. Dawson, from the committee to whom was referred a resolution
on the subject, reported a bill for procuring a formidable train of field artillery for the service of the United States; which was read twice and referred to a committee of the whole on Monday next.
On motion of Mr. Basset the House, went into committee of the whole on the resolutions submitted by him some days ago relative to contractors, Mr. MARION in the chair.
The first resolution being under consideration as follows:
Resolved , That provision ought to be made by law to prohibit the officers of government from making any contract, on behalf of the United States, with any person being a member of either House of Congress, or with any other person for his or their use.
Mr. Basset said he presumed that this proposition possessed sufficient intrinsic merit not to require the aid of extensive talents or laborious exertions of any gentleman to advocate it. He assumed it as an axiom that fundamental principles must rest for their security on the purity of the Representative body. He should however trust the support of this measure to its own importance.
The resolution was carried 59 to 15.
The second resolution being under consideration as follows:
Resolved , That every contract hereafter to be made on the part of the government of the United States shall contain a clause or condition to render the contract absolutely void, if the contractor should be elected a member of either House of Congress.
Mr. Rowan objected to its passage, inasmuch as it was adding a qualification to Representatives, which Congress had no right to do, and as it might operate as an ex post facto law, vacating contracts already made.
Mr. Chandler objected to it, as it might have a tendency to prevent the fulfilment of contracts. A man might have made a contract, received a sum of money on account of it, and by being elected a member of Congress could evade the fulfilment of his contract; or might be deprived of an advantageous contract by being elected a member without his own consent.
Mr. G. W. Campbell wished to see no gentlemen contractors on this floor. This resolution only went to effect contracts hereafter to be made. Although no member of this or any future Congress might be affected by existing contracts, he wished to do away every inducement whatever either to increase salaries or remunerate officers. As to the constitutional power of adopting this measure, a moment's reflection would shew that it was not intended to add a qualification to a member of Congress. If a man holding a contract became a member of Congress, it was intended that his contract should thereafter cease.
Mr. Key. Suppose a contract made with a person not a member; if this person becomes a member, his contract is absolutely void. It would operate as an encouragement for violating contracts. Every person holding a contract on which he had received advance or which he did not like, might, by being elected a member, vacate his contract; which could not be intended by the honorable mover of the resolution.
Mr. Basset said he was more sensible now than heretofore of an embarrassment in speaking on a subject of so much importance, proceeding from his having been so little in the habit of addressing a public body which prevented him from expressing with ease those sentiments which occurred to him. He did feel, however, that there was not a principle contained in these resolutions which was not perfectly consonant with the constitution—not a position which did not bear properly on the subject. Mr. B. referred to this clause in the constitution: "No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the U. States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either House during his continuance in office." He feared that even in reading this clause he could not be heard by every gentleman; but it surely was not necessary to tell gentlemen that it was a fundamental principle that no man should have a vote in creating any office in which he would be interested. What was the case in making contracts? Did they not vote almost daily large sums for contracts, and might they not become participators in their profits? And if this had not been the case heretofore, how had
they been restrained? By the disposition of the officers of government not to make contracts with members, and by the conviction of the members themselves that it would be contrary to the spirit of the constitution. If this conviction did not exist, the largest contractors in the nation would be found in this House. If it were only to guard against this principle of favoritism, he should perhaps have supported the proposed measure; but there was a constitutional ground on which he wished to act. The constitution had declared that the representatives of the people should be pure. Was there not a door here open here for undue influence by permitting a person to come here and vote for a contract, and go to the public offices and immediately become parties to the same contract? He thought there was, and this he wished to guard against. He was not surprised at objections made to any general proposition; human nature was so prone to differ on general topics, that he supposed gentlemen might differ with him in opinion. But for this he should have been much surprised at the objection made by the gentleman from Maryland; for he being a professional man, must know that money advanced on a contract could be recovered by law on a breach of that covenant; and surely it was in the power of the legislature to annex any condition to contracts. The objection taken by the gentleman from Massachusetts would have weight if it were correct on principle; it could be remedied by making it necessary for a contractor to accept the office before his contract would be void. Mr. B. had no idea of a man's having an office forced upon him to his prejudice or injury. He thought it better to let the propositions stand on the broadest possible basis; and when the bill was brought forward, if objectionable, it could be amended. He was willing to admit any modification; but hoped gentlemen would be content to take the sense of the House on the general principle, and see whether the constitution would bear them out in running this parallel, for parallel he might be permitted to call it, as the same principle which prevented a man from voting for the establishment of an office which he might obtain, would prevent a man from voting for contracts in which he might participate; and if the constitution prohibited public officers from having a seat on this floor the same principle would apply to contractors. Had not a contractor the same liens on his mind, as if he received money as a public officer? He believed when they saw the practice of the country so strongly enforcing this principle, when they saw the public officers refraining from making contracts with members of Congress, and members refusing to accept of them from a conviction of its impropriety, it would not need argument or eloquence to shew that they should provide by law against the possibility of a contrary practice taking place.
Messrs. Southard and W. Alston suggested the propriety of altering the phraseology of the resolution; for as it stood at present, if a person were employed to build a ship, and he should be elected a member of this House without his knowledge, the contract was void, and the public business would be arrested, and the man might be ruined. The same might be said of contracts for carrying the mail of the U. States. Suppose a person contracting to carry the mail from Washington City to New Orleans were to be elected a member of this House, the contract would be void, and the mail totally arrested. When a man entered into a contract with the U. S. he gave security for his compliance with the conditions of the contract; he is elected a member of Congress, he has committed a breach of contract, and he and his securities must suffer a very heavy loss. On the other hand if a man had received money in advance, he might avail himself of his election to a seat in Congress to vacate his contract.
Mr. Smilie suggested to the mover, the propriety of the committee's now rising, reporting assent to the first resolution, and asking leave that it might be refused to sit again on the others; as the first resolution embraced the principle, and the others went to detail which could be as well accomplished in the bill.
Mr. Mason said the introduction of this principle was only intended to guard against evils which might arise. Whilst they were pure was the time to guard against corruption. The exceptions which had been made were merely verbal. The only question in deciding on general resolutions of this kind was, whether the subject was worthy the attention of the House? Would any one say after hearing the provision of the constitution which had just been read, that it was not according to the spirit of the constitu-

tion, or that it was not important that this body should be as pure as purity itself, and therefore that its members should have no concern with the public money? It was to be supposed that those officers who made contracts on the part of the United States would sufficiently guard them from evasion; but even granting all that had been contended for, whether it was better that the U. States should lose the benefit of a good contract, or continue a contractor on this floor? There could be no hesitation in deciding upon general principles that they should in preference give up the contract. He thought, however, that this resolution need not be adopted, as the first contained the principle, and this would be merely an instruction to the committee to whom the other was referred.
Mr. Bassett moved that the committee should rise and report assent to the first with a view of moving that they be discharged from the consideration of the remaining resolutions.
After some objections to the detail of the proposition from Messrs. Holland and Quincy, the committee rose and reported the first resolution, which was agreed to by the House, and referred to a committee of five members to bring in a bill.
Mr. Newton moved for the order of the day on the report of the committee of Commerce and Manufactures on the memorial of merchants of Philadelphia praying a modification of the embargo law.
But before it was taken up, a motion to that effect being made, the House adjourned till Monday morning.
BY THE PRESIDENT OF THE UNITED STATES.
WHEREAS by the first article of the terms and conditions declared by the President of the United States on the 17th day of October 1791 for regulating the materials and manner of buildings and improvements on the lots in the city of Washington, it is provided, "that the outer and party walls of all houses in the said city shall be built of brick or stone," and by the third article of the same terms and conditions, it is declared, "that the wall of no house shall be higher than forty feet to the roof in any part of the city, nor shall any be lower than thirty-five feet on any of the avenues," and whereas the above recited articles were found to impede the settlement in the city, of mechanics and others whose circumstance did not admit of erecting houses authorised by the said regulations, for which cause the operation of the said articles has been suspended by several acts of the President of the United States, from the fifth day of June 1796 to this day, and beneficial effects arising from such suspensions having been experienced, it is deemed proper to revive and continue the same, with the exceptions hereafter mentioned:
Wherefore, I Thomas Jefferson, President of the United States, do declare, That the first and third articles above recited shall be, and the same hereby are suspended, until the 1st day of January in the year one thousand eight hundred and nine, and that all houses which shall be erected in the city of Washington previous to the said first day of January in the year one thousand eight hundred and nine, conformable in other respects to the regulations aforesaid shall be considered as lawfully erected, except that no wooden house, covering more than three hundred and twenty square feet, or higher than twelve feet from the sill to the eves shall be erected, nor shall any such house be placed within twenty-four feet of a brick or stone house.
Given under my hand, the first day of January in the year one thousand eight hundred and eight.
TH: JEFFERSON.
Jan. 11—w6t
A BRICK HOUSE & LOT FOR SALE.
ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in Square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 183 feet, with the improvements thereon, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of $5 dollars per annum, and the benefit of a covenant to purchase the fee simple thereof.
On default of payment of three years rent, the subscriber has been put in possession of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold subject to the conditions of the former lease, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled general neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Herly, prior to the day of sale.
JOSEPH NOURSE.
Terms of sale, a negotiable note with an approved endorser, payable 60 days after date.
January 18—dos
WASHINGTON CITY.
MONDAY, JANUARY 18.
Mr. ROSE was, on Saturday, presented to the President.
For several interesting articles see last page.
Case of JOHN SMITH.
The Senate were on Thursday almost exclusively engaged in the settlement of preliminary points previous to the main enquiry. On these incidental points we shall confine ourselves to an abstract of the principal arguments adduced.
The President having read the application of Mr. Smith for reasonable time and proper means to obtain testimony, Mr. Adams expressed his readiness to vote for any reasonable proposition which should designate the time and means, but declared himself unfriendly to such a general proposition as that before the Senate.
Mr. Giles expressed a coincidence of sentiment with Mr. Adams, and suggested the kind of resolution which he considered it proper for the Senate to adopt. While he was thus expressing himself, Mr. Thruston drew up a resolution, which Mr. Giles offered, and which, substantially, postponed the further consideration of the report to the day of allowing Mr. Smith time to adduce testimony.
Mr. Bayard expressed similar ideas to those of Mr. Giles, but thought the object aimed at would be better effected by adopting a resolution of a different form. He said he had prepared two resolutions, one for allowing time, and the other prescribing the mode of obtaining testimony. He then read the first, substantially as follows:
Resolved that, John Smith of Ohio having made affidavit to the materiality of witnesses now absent, by whom he states that he will be able to disprove the charges alleged against him, be allowed time until the day of next, to obtain any witnesses and to procure any evidence he may deem material to his defence.
Mr. Adams said he did not perceive any objection to this proposition. [In a subsequent period of the debate he declared that on a further consideration of it, he thought there were serious objections to it.]
Mr. Giles being inclined to think this proposition preferable to that offered by himself, withdrew the latter.
A long discussion then ensued, in which Messrs. Bayard and Hillhouse supported; and Messrs. Anderson, Moore, S. Smith, Gregg and Crawford opposed the foregoing resolution.
During the course of this discussion, it was moved to commit the resolution to a select committee. In the propriety of this course there was a general acquiescence. Mr. Crawford read a resolution, conformable to his ideas of propriety, which in substance, involved a postponement till the day of next, at which time the Senate would hear such witnesses as should appear for or against John Smith, whose testimony had a tendency to support or destroy the testimony of Elias Glover, Peter Taylor, and Col. James Taylor.
The motion for commitment prevailed, and all the resolutions offered, together with the affidavit of Mr. Smith, were referred to a select committee.
In this discussion all the speakers agreed in the propriety of allowing some time, the only question being as to the proper time. Mr. Gregg expressed himself in favor of allowing till the 1st of February, while Mr. Bayard said he was not for allowing such a length of time as would preclude a definitive decision during the present session.
Strong objections were urged against precipitating a decision of such vast importance to the sitting member, and the injustice of deciding without allowing him a full hearing, was painted in vivid colors. In answer to this, the charge of the existence of a spirit of precipitation was denied, and it was said that Mr. S. ought, as soon as he heard of the bills found at Richmond, to have prepared himself for his defence; that he ought particularly to have taken these steps, as soon as the report was made on his expulsion; and that it was to be presumed that he had made every preparation he could. To this it was replied that the depositions he had brought with him could not from their nature have been intended as evidence on his trial, but merely intended to shew the grounds of his defence and to arrest the force of public opinion that might otherwise have operated materially to his prejudice.
In admonishing on the time proper to be allowed, Mr. Anderson went into an examination of various parts of the testimony, to shew that the acknowledgements of Mr. Smith tended forcibly to establish the truth of
several of the charges, and particularly to confirm the testimony of E. Glover; and that there were several points of the testimony before the Senate which no further testimony could invalidate, and which consequently it was not incumbent on the Senate to allow Mr. S. the means of obtaining.
This suggestion was warmly repelled by Messrs. Hillhouse and Bayard as incorrect, and they called upon the Senate to forbear from forming a definitive opinion until they had heard both sides of the question.
It was contended by some of the speakers that the resolution to be adopted by the Senate, ought to specify the points of defence, and to limit the witnesses summoned to such persons as could testify on them, and that the inconveniences against obtaining testimony by deposition was so great as to render that course altogether ineligible.
On Wednesday, the 9th ult. the following preamble and resolution was introduced into the House of Representatives of Georgia, by Ebenezer H. Cummins, a member from the county of Wilkes.
Whereas, the experience of ages has strongly evinced the good policy of holding up to public view, for the sake of example, the conduct of those men, who have distinguished themselves by the rectitude of their principles, and a correct application of their talents; especially in those countries where all public promotion is expected and derived from the people: The representatives of the citizens of Georgia, deem it their duty to express sentiments of approbation for the great energy and vigilance which have been exerted by those gentlemen selected by the President, and to whom was entrusted the very important and responsible task of conducting the indictments of Aaron Burr and his principal associates, lately engaged in a conspiracy which threatened a convulsion of the Western States, and a separation of the union.
Be it therefore resolved, that George Hay, Alexander M'Rea and William Wirt, Esq'rs, of the state of Virginia, and late council on the part of the United States, in the great cause of the people against Aaron Burr and others, are entitled to the approbation and respectful gratitude of their fellow-citizens, for their zealous and intelligent endeavors to convict the accused, and to submit them to the sentence of the law, against which they were supposed to have offended.
Mr. Hutchinson moved the following as an amendment:
And be it further resolved, that the thanks of this legislature be given to Brigadier General James Wilkinson, for his patriotic exertions in bringing the said Aaron Burr to trial.
Which being read was agreed to—the question was then taken on the whole as amended, and resolved in the affirmative; and the Yeas and Nays being required, were—Yeas 29—Nays 9.
LEGISLATURE OF SOUTH-CAROLINA.
HOUSE OF REPRESENTATIVES.
Friday, December 18.
The following report and resolution was submitted:
Whereas property of sundry merchants and others, good citizens of this state, who are interested in the African trade, to a vast amount, remains embarked therein; and from various accidental and inevitable causes, which could not be foreseen or avoided by human prudence, the voyages in which it is so embarked, though originally projected on principles and circumstances, which were well calculated to answer their completion by the first day of January next, have been greatly embarrassed and procrastinated, so that their completion by that period will be in many instances utterly impracticable, and under the literal operation of the act of Congress on the subject, the property therein invested, will be subject to forfeiture, and the owners thereof, to grievous penalties and impositions on the one hand, if they shall attempt the preservation of their property; or on the other, to a total, immediate and supine abandonment thereof. And whereas the causes will produce the most distressing effects on every interest and every class of citizens in this state, either in their immediate influence, or in their widely spread combinations, and consequently on the general credit and prosperity—therefore, without entering into the great question, whether the law of Congress be constitutional or not,
Resolved, That our Senators and Representatives in Congress, be requested, and they are hereby earnestly enjoined to exert with promptitude and zeal their utmost abilities, to obtain such relaxation and alteration in the act of Congress on the subject, as may be calculated to avert these alarming evils, in relation to such voyages as were commenced at a time when their completion was probably practicable before the first day of January next.
On the question to agree to said resolution, the yeas and nays were—Yeas 32—Nays 46.
Boston, January 7.
We were yesterday politely furnished with the following, (we believe New,) and if so
IMPORTANT DECREES.
Hague, Oct. 22, 1807.
Louis Napoleon, by the Grace of God and the Constitution of the Kingdom, King of Holland.
Being desirous of uniting our efforts to those of his Majesty the Emperor of the French and King of Italy, against the common enemy, and having seen the measures already taken by his Imperial Majesty, relative to the navigation of the Weser and Elbe, have decreed, and do decree as follows:
Art. 1. Any navigation whatever on and along the coast, from the Dollard to the Weser, is forbidden, unless it is carried on under the immediate convoy of our vessels of war, and only from ports to ports, occupied by our troops.
Art. 2. The entry is prohibited to any vessel whatever, loaded with other articles than those which it is impossible for England to furnish, as ship timber, spars, and other products of the North, or vessels in ballast.
Art. 3. Any vessel that shall enter therein, shall be detained, if she be loaded wholly or partly, with colonial produce, or any merchandise whatever, of the nature of those that Great Britain can produce or furnish, the goods shall be sequestered and laid in depot, for the purpose of determining thereon, after due examination, what shall be proper. Vessels sailing under convoy, shall however, be excepted from this disposition, as is expressed in the first article.
Art. 4. Our minister of finance is charged with the execution of the present decree.
Given at the Royal Palace Du Bois, the 20th October, 1807, and the 2d of our reign.
(Signed)
LOUIS.
The Minister Secretary of State.
(Signed)
W. F. ROELL.
New-York, January 13.
The Committee appointed by the Common Council to provide for the support of seamen out of employment have adopted the following plan:
They have agreed with Captain Chauncy, of the U. S. Navy Yard, to receive such seamen at the Yard, on condition of their signing articles to continue in service during their own pleasure, and perform duty subject to his orders, the Common Council defraying the expenses of their maintenance, which is to include victuals, drink, fuel, candles, and accommodations for lodging.
Whenever this meritorious class of citizens can do better, they are to be at perfect liberty to leave the Navy Yard, captain Chauncy giving notice when they are discharged.
JOHN BINGHAM, Chairman.
The Corporation, we understand, have voted one thousand dollars towards a fund for the relief of sailors thrown out of employment by the embargo.
DIED in this city on Tuesday the 11th inst. In the 75th year of his age, Mr. GEORGE MITCHELL, a native of Scotland. It is a tribute due to the memory of Mr. Mitchell, to add that in all the vicissitudes of his long life he invariably sustained the character of an honest man, a professed and practical christian.
FOR SALE.
THE Two story Brick HOUSE, situate on square number 930 in the city of Washington now occupied by Mr. Tunis Craven, as a retail store. The eligibility of this stand for the retail business is excelled by none in this city; being situate on the principal street to the Navy Yard, and very near the Navy Yard Gate. Any person desirous of purchasing the above property may be shewn it by applying to the subscriber, who will also make known the terms of sale.
WM. BRENT.
Washington city, Dec 18—wtf
FRESH RAISINS, TEAS, &c.
Now landing from on board the schooner CITIZEN, Capt. Sturges from New York, and for sale by
W. & C. SMITH.
50 boxes fresh Muscatel raisins, 30 chests choice hyson, young hyson, hyson skin and imperial teas, 10 quarter casks Lisbon wine, 11 boxes Prussian fig blue. Also just received, 10 puncheons well flavored Antigua rum, 10 pipes cognac brandy, 4th proof, and a small supply of excellent fresh nutmegs.
Georgetown, Jan. 15—wtf
FOR SALE.
THE Subscriber begs leave to acquaint the public that he has begun business in the GROCERY & DRY GOOD line, and shall be happy to accommodate his customers on the most reasonable terms.
He has received an assortment of Morocco and Kid SHOES of all sizes; also men's Shoes and women's Slippers. All kind of Wines and Liquors, and excellent Cider.
To be LET 3 or 4 fine Rooms up stairs to a genteel family.
F. A. WAGLER,
near the Centre market house.
November 30—wtf
(BY AUTHORITY.)
AN ACT.
Making appropriations for opening the gutter and draining the water off the east side of First street and for other purposes.
Sec. 1. Be it enacted by the first and second Chambers of the City Council of Washington, That a sum not exceeding forty dollars be, and is hereby appropriated to open the gutter on the east side of First street east between Pennsylvania and Maryland Avenues, and to drain the water off which is in front of Mr. Carroll's buildings on said street, and that a further sum not exceeding thirty dollars, be appropriated for opening gutters and draining water on E. Street north, and Tenth Street West, leading to the Pennsylvania Avenue, to be expended and the work done under the superintendence of the city Commissioners.
Sec. 2. And be it enacted, That the Treasurer be, and is hereby authorised, to pay the above sums to the order of the said Commissioners, out of any monies in the Treasury not otherwise appropriated.
Approved Nov. 5th, 1807.
SUBSCRIBERS in Arrears are requested to forward without delay their respective dues. As this paper almost entirely depends for support on the regular payment of the subscriptions, this request must be complied with; otherwise the Editor will be constrained, however reluctantly, to discontinue the paper, notwithstanding the deeply interesting nature of the crisis.
MORE PIANO FORTES.
THE subscriber has just received from London, via Philadelphia, Piano Fortes with additional keys. They are equal if not superior to any he ever saw, and some of them most elegantly finished. They are imported on the best terms and will be sold low if speedily applied for.
THOS. W. FAIR.
Washington, Jan. 18—3t
NOTICE.
WAS committed to the jail of Allegany county on the 4th inst. as a runaway, a negro man who calls himself RUEBEN, very black and about a feet 11 inches high, and has two small scars above his left eye, one small scar under his nose, and a very large mole under his right ear, and a number of scars on his back and thighs. Brought with him one coarse linen shirt, two swansdown waistcoats, one old strip of cotton spencer, and one old pair of buckskin pantaloons, and unless released by his master he will be sold according to law.
WM. BRUCE, Sheriff
Allegany county, Md.
Cumberland, Jan. 18—3t
FRESH GARDEN SEEDS, &c.
THE Subscriber having recently received a supply of European Garden Seeds, &c. which added to the various sorts saved by him the last summer, makes his assortment extensive and which are for sale at his Nursery Garden, Eastern Branch and at Dr. Ott's Medicine Store, Georgetown.
THEO: HOLT.
Washington city, Jan. 11—taw
PUBLIC SALE.
BY virtue of a decree of the honorable the High Court of Chancery of Maryland, the subscriber will sell at public sale on the premises on Monday the 22d day of February next. All the real estate of Dr. William Lansdale, deceased, lying and being in Saint Mary's county, consisting of the following tracts of Land, to wit: "The Ramble," "Hunslow," and "The Strand," adjoining each other and containing about 1000 acres. The above estate is situated in a healthy ger teal neighborhood about two miles from Leonard town. The improvements consist of a large and convenient Brick Dwelling House, four rooms below and four above stairs, with a Kitchen adjoining, meat house, stables, corn house and granary, and a young thriving apple orchard. The dwelling house stands on an eminence commanding a view of the whole of the flat land of said estate, which is esteemed to be of the first quality in the county, and is adapted to the cultivation of tobacco, corn, small grain, and clover, and is deemed the finest grazing land in the county—a few acres of said land are now in grass and much more may be easily laid down; there is a fine stream of water that runs through this estate, on which has been heretofore a valuable mill. A further description is unnecessary. Persons inclined to purchase, will be shewn the premises and the title papers and decree, on application to the subscriber at the county court office, in Leonard town.
This property will be sold entire or in such parcels as may be deemed advantageous, after an actual survey, a plot of which will be shewn before and on the day of sale. The terms of sale are that the purchaser of the whole or any part thereof shall give bond with approved security for the paying the purchase money with interest, within twelve months from the day of sale.
Those persons having claims against the said deceased are hereby requested to exhibit the same with the vouchers thereof to the subscriber on or before the 22d, day of August next.
JOSEPH HARRISS, Trustee.
Leonard Town, Jan. 15—wids

On the 11th instant Mr. ADAMSON , from the committee of commerce and manufactures to whom was referred the memorial of William Haskett and others, merchants and traders of the city of Philadelphia, submitted the following
REPORT. The committee entertain no doubts, that the facts are justly and correctly stated in the memorial. The object, the memorialists have in view, is to obtain permission for their vessels to proceed on their respective voyages. The cargoes consist principally of flaxseed, an article depending on a speedy exportation, to ensure its value. The memorialists place great reliance, to obtain the permission sought, on the hardship of their cases, and also on the ground of having procured clearances for their vessels, from the custom house, to proceed on their voyages, previous to the passage of the act, laying an embargo.
While the committee view, with becoming sensibility, the distressing situation in which the memorialists are placed; while with them they deplore and deprecate the events, which have brought to a pause the commercial intercourse of the United States with foreign nations—they cannot give their assent to the opinion, that the cases of the memorialists are entitled to exemption from the inconveniences and hardships, if not the losses, which result from a general embargo. The committee cannot, for any reason, why the cases, now under consideration, ought to be discriminated from those of other citizens. They cannot perceive, how the mere compliance with the usual form of taking out clearances, for vessels to proceed on their voyages, can invest the memorialists with any distinguished privileges. From the distressing condition of the American commerce, liable, in its peaceful and inoffensive pursuits, to aggressions and outrages from the belligerent nations of Europe, it became the indispensable duty of Congress, to inhibit, by an embargo, the departure, on foreign voyages, of our seamen, our vessels and merchandise. The republic feels vitally those injuries, which arise from the impoverishment of its citizens, and from the deprivation, by illegal impressments and detentions, of its mariners. The strength of a republic resides in the citizens it can number, and in their patriotism and valor. Impotent and inefficient would that government be, without the investiture of powers, in extraordinary crises, to control and restrain the persons or pursuits of the citizens. Such a government, destitute of that natural and irresistible impetus and energy, indispensable to its preservation, would crouch to, and sink under the first blow that should be aimed at it. The enlightened and virtuous patriots, who framed the constitution, foreseeing the trials and conflicts the United States would have, in their political progress, to encounter, infused into that instrument all the vigor essential to the accomplishment of the end for which it was designed—the happiness and salvation of the nation. That the extraordinary powers here spoken of, and contended for, are given to Congress by the constitution, cannot be denied. The acts of Congress, recorded in the statute book, long acquiesced in by every description of citizens, afford a conclusive argument in support of the right to exercise those powers. The acts alluded to, are the embargo laid in 1794, and the several laws passed the 28th of February, 1806 and 1807, to suspend the commercial intercourse between the United States and certain parts of the island of St. Domingo.
The embargo laid in 1794, operated alike on all vessels, whether they were or were not, cleared out prior to the time it was enforced; nor has such a distinction ever received the sanction of any nation, the peculiarity of whose situation imposed an embargo, as an act of imperious necessity.
With equal grace, and the same justice, could the farmer and planter, the mechanic and manufacturer, put in their claim to exemption from the sacrifices, which they are offering on the altar of patriotism: assigning as a reason for the exemption, that the products and articles of their respective vocations, were the acquisitions of their skill and industry, previous to the existence of the act laying an embargo, and that they have the right, if they should think proper to exercise it, to export those products and articles to foreign markets. If the position of the memorialists be sound, it would be absurd in the extreme ever to lay an embargo, as it never could be brought into action at the time, when all the energies of such a measure were required for the public safety and welfare.
Were vessels permitted to proceed on foreign voyages, Congress would deservedly merit censure for incon-
sistency, and for wanting dignified stability and firmness in the day of trial. The committee can never be induced to recommend a policy, nerveless, and without a character, while they maintain a due regard and devotion to national honor, and to national interest.
The attention of the committee having been directed to the memorial of the merchants and traders of Philadelphia, by an order of the House of Representatives, they feel themselves constrained, in deciding on the embargo cases before them, to take a transient view of the causes which led to that measure, and to express their opinion of the necessity imposed on the United States of adhering to it, until proper assurances are given, that their neutral rights shall be respected. Those who have bestowed any thoughts on the state of affairs in Europe, must have contemplated as probable a measure of this kind, on the pressure of insuspicious events.
The love of domination and the cupidity of commercial monopoly, have regularly and undeviatingly been producing and maturing this extraordinary crisis, in which, without their accord, the United States are unhappily involved. If a wise and prudent policy, tolerating and countenancing no measures or practices, which could compromise the peace or interrupt the harmony of the United States, with any of the belligerent nations of Europe, could have preserved to them the advantages of an honest and impartial neutrality, our citizens and merchants would not now be lamenting that languor and inactivity, produced by a suspension of commerce. Congress had it in its option either to permit the continuance of commerce, or to resort to the secure and precautionary measure of an embargo. If the continuance of commerce had been preferred, Congress, from the existing state of things, would have been compelled, with an inadequate marine force, to afford some sort of protection to it, or to allow private ships to arm for their defence. If such a step had been taken, war must have ensued; if resistance to the execution of the decree of France, bearing date the 21st November, 1806, or of such orders as should be issued by the British cabinet, in conformity to the retaliating power contended for in the note of Lord Howick to Mr. Monroe, of 10th January, 1807, and of the proclamation of the 16th October, 1807—could produce it. In this state of affairs between the United States and the nations of Europe, a permission to arm private ships would be tantamount to a declaration of war. Individuals who had been injured by either of the nations, or who might be influenced by narrow prejudices, or short sighted views, would have it in their power to plunge the United States, without their consent, into a war with one of the belligerent nations, and to pave the way to an alliance with the other. From these considerations a preference was given to the embargo. On the 18th December, 1807, the President of the United States addressed a confidential message, since published, to the Senate and House of Representatives, as followeth: "The communications now made, showing the great and increasing dangers with which our vessels, our seamen and merchandise are threatened, on the high seas and elsewhere, from the belligerent powers of Europe; and it being of the greatest importance to keep in safety these essential resources, I deem it my duty to recommend the subject to the consideration of Congress, who will doubtless perceive all the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States." This message from the Executive Magistrate, whose province it is to preside over our foreign relations, received from Congress, that immediate and prompt attention which was due to its importance.
The evidences of dispositions manifested, and of measures adopted and in execution, by the belligerent nations, left no doubt on the mind, of the certain prostration of neutral commerce. The embargo was laid as being the safest course: It was considered as the best means that could be resorted to, for the protection of our citizens, and for the preservation of our vessels and merchandise. It was a measure that resulted from much deliberation. That it is the best which Congress could devise or adopt, is the solemn and profound conviction of the committee, on a review of the whole ground. No charge of partiality can be brought against it, as all nations are placed on an equal footing, their vessels being at liberty to enter our ports & to depart at pleasure. The embargoes laid in Europe, since the year 1793, never excepted from detention American vessels. The belligerent nations cannot raise the voice of complaint, as their injustice has made this precau-
tionary measure an act of necessity. Should the embargo be rigidly persevered in, the advantages to be derived from its adoption, will amply repay all the sacrifices made to obtain them. New and important treasures heretofore neglected, will be brought to light, and, what is more important, into use. The United States, regenerated by their own energies, will acquire a confidence in, and a reliance on, their own resources, without which it is in vain to endeavor to give effectual and commanding protection to the rights of the citizens, and those of the republic. The embargo, by teaching foreign nations the value of American commerce and productions, will inspire them with dispositions to practise justice. They depend on this country for articles of the first necessity, and for raw materials to supply their manufactories. The embargo will have no inconsiderable influence in breaking those municipal fetters which circumscribe the motions and liberty of commerce.
The committee are persuaded, that the national legislature has endeavored sedulously to perform the duties assigned to it by the constitution, in a manner to comport with the honor and welfare of a great and free people. The stand which a deliberate and dispassionate judgment recommended and approved, has been taken. The issue is in the hands of that God, who has never ceased pre-eminently to manifest his love to these United States; and whatever may be that destiny which his all-wise and superintending Providence has allotted for them, whether it is to be their happy lot to arrive at that destiny under the guidance and auspices of peace; or whether it is decreed that they shall pierce through war to reach it—to acquiesce with dignity and firmness becomes a duty. Despair can never dwell in the bosom of liberty. That God who led the United States victorious to independence, has given strength to, and inspired them with courage, to maintain and to perpetuate it.
The committee recommend the adoption of the following resolution:
Resolved , That the prayer of the memorialists, merchants and traders of the city of Philadelphia, is unreasonable, and ought not to be granted.
SENATE OF THE U. STATES.
JANUARY, 13, 1808. JOHN SMITH , of Ohio, offers his affidavit to the honorable Senate, and requests a reasonable time to procure the testimony therein stated, and the proper means to enable him to produce it.
JOHN SMITH , of Ohio, makes oath on the holy evangelists of Almighty God, that he can prove by legal and competent testimony, the truth of the following facts, and that he can produce such proof before the honorable Senate of the U. S. if allowed a reasonable time, and the usual means for that purpose.
He can prove that the testimony delivered against him before the grand jury at Richmond, is utterly destitute of credit—of one of those witnesses, Elias Glover, he can prove, that the general character is such as to render him unworthy of belief, that he has been guilty of acts of the greatest baseness, has been published as a liar, and is generally considered in the country where he resides and is known as a person destitute of truth; this he can prove by the testimony of the most respectable persons in Cincinnati, by Dr. Stall, John Sellman, Stephen M c Farland, Judge Dunlavy, and many others.
Of the other witness, Peter Taylor, the obscurity of his situation, as a servant of Blannerhasset, his being a foreigner and scarcely known in the country, may have prevented a sufficient development of character, to ascertain (from that source) whether he is worthy of belief or not—but of his statement, as also of Glover, he can prove the falsehood, by contradicting by the most respectable witnesses, what he has alleged. And he fully expects to prove that neither of these witnesses can be believed, in several material parts of their testimony, and that therefore they are unworthy of credit.
These contradictions relative to these witnesses, he can prove by capt. Gordon, Fielding Lowry, William M c Farland, Col. Chambers, Gen. Gano, Mr. — Longworth, and several others.
He also expects to prove that the conversation related by Col. Taylor, was not correctly understood or accurately remembered by him. He believes that General Findley, (who is stated by Col. Taylor, to have been present) will remember that they were the sentiments and arguments of a writer in a public paper which he was detailing, and that he expressed no wishes or ideas of his own on the
subject. And that he will be enabled by this witness to disprove the fact of his entertaining erroneous opinions, if the Senate shall think such a charge requires to be disproved.
He further expects to prove that the orders drawn on him by Aaron Burr, were not drawn in consequence of any participation in any of his projects; he can produce the strongest circumstantial evidence to account for and explain in the most satisfactory manner this transaction, he can show that neither in this nor in any other communication with Aaron Burr, did he act secretly or attempt any concealment—that he often mentioned the circumstance of Burr's having left this money with him—of his having writ to him, and shewed a copy of his letter, (which he took for the purpose,) and the answer thereto, and conversed freely and openly upon these subjects, shortly after they occurred and long before they became circumstances of suspicion against him. This he can prove by major Biggs, General Carberry, Jacob Burnett, General Findley, and several other characters of unquestioned respectability. He can also prove that his seeing Col. Burr at Frankfort was merely accidental—that he was carried there by business, and had, during the short period of his stay there, no opportunity of confidential intercourse, had any cause or inclination for it existed. He can prove this by Mr. Hart, the president of the Bank at Lexington, Alexander Parker, John Jordan, Dr. Chambers, James Chambers, and others.
He can also prove the nature and existence of the engagements which compelled him to leave home on the last of May, and occasioned his absence at the time the bills of indictment were found against him. That he had business requiring his presence in New-Orleans; that he went thence to an estate which he holds in West Florida, and where he was then actually completing a settlement and laying out a town; and while in West Florida, received the newspaper announcing the finding of the bills of indictment against him. That he immediately prepared to surrender himself for trial, and that he did so, taking only those measures to prevent Governor Claiborne's executing his threat of sending him in irons to Richmond, which a desire of avoiding unmerited pain and mortification required and justified. These facts he can prove by A. D. Abrams, Harris Hoe, John Murdoch, Ira C. Kneeland, David Bradford, Governor Williams, Benjamin Simmons, and many others.
He confidently expects that he can thus disprove and expose the testimony exhibited against him, and that he can thus explain satisfactorily these and all other circumstances which may have excited suspicions against him.
He also hopes and believes that he will be enabled to show the origin and progress of a scheme, from which all the accusations against him have proceeded. He expects to disclose a confederacy between the witness, Elias Glover, with others of his enemies, particularly with Matthew Nimmo, a man, (if possible) more infamous than himself, and the base means which their malevolence suggested to injure him; that the identical deposition of Glover now produced against him, was the effect of this combination; that it was procured at the instigation of Nimmo, and forwarded by him, in a letter of accusation against him to the President of the U. States, some time in February last, and that this Glover, in consequence of this his voluntary deposition, was (as he no doubt expected to be) subpoenaed to attend at Richmond, and indulged with an opportunity of gratifying his malice, and completing the purpose for which his calumny was intended.
He further states that it has been wholly and evidently out of his power to procure the testimony herein stated, so as to produce it at this moment. That he did not know till very recently what would be exhibited against him, and of course could not know what would be material and necessary for him to prove. That he expects and believes he can establish the truth of every thing herein stated, if indulged with reasonable time and the means of enforcing the attendance of his witnesses.
On this 13th of January, 1808, the within named John Smith, made oath, that the facts herein stated are true as stated, to the best of his knowledge and belief.
Sworn to before me, ALLEN B. DUCKETT. HOUSE OF REPRESENTATIVES.
Thursday, Jan. 14. Mr. Van Horn, from the committee to whom the subject had been referred, reported a bill to incorpo-
rate a company for opening a canal in the city of Washington.—Read twice and referred to a committee of the whole.
Mr. Poindexter from the committee to whom the subject was referred, reported a bill for the relief of Alexander Bailly.—Read twice and referred.
Mr. Morrow said he had been instructed by the legislature of the state of Ohio to make application to the general government for the objects included in the following resolutions; as he meant to move for their reference to a committee of the whole, it was unnecessary now to offer any argument on them.
Resolved , That the President of the United States be authorized to loan to the state of Ohio for the term of seven years, seven thousand stand of arms, for the purpose of arming in part the militia of the said state, under such restrictions and regulations as to safe keeping and re-delivery as the President may prescribe.
Resolved , That the President of the United States be authorized to loan to the state of Ohio for the term of seven years twenty pieces of field artillery with carriages complete, for the use of the artillery companies of militia in the said state under such regulations and restrictions as to safe keeping and re-delivery as the President may prescribe.
The resolutions were referred to a committee of the whole on Monday next.
Mr. M. Clay gave notice that on Monday next he should call up for consideration the bill for arming and organizing the militia.
The House went into committee of the whole on the general appropriation bill, Mr. P RENTICE in the chair, after the bill was gone through and the blank severally filled up, the bill was ordered to a third reading on Monday next.
The House went into committee of the whole, Mr. Curts in the chair, on the bill for continuing the mint at Philadelphia; and
Mr. Alston said having been the chairman who reported the bill, although hostile to the mint establishment altogether, he moved to fill the blank for its continuance with 5 years.
Mr. Dawson suggested that the present law continued the mint till 4th March, 1809, and wished the committee to rise, that they might be refused leave to sit again.
After some conversation on the construction of the former law, and a motion being made to fill up the blank with a specific time from which the continuance for five years should take date.
After considerable and desultory conversation on a motion for the committee to rise and ask leave to sit again, it was carried—46 to 40.
Mr. Stanford offered the following resolution, which was agreed to.
Resolved , That the committee of Ways and Means, be instructed to prepare and report a bill to this House fixing and allowing to each clerk in the several departments, and in the general Post-Office adequate and suitable salaries according to their services respectively.
Mr. Dawson moved for the order of the day on the report of the committee to whom was referred so much of the message of the President of the U. S. on our military and naval establishments.—Negatived 39 to 34.
New-Haven, Dec. 22.
REMARKABLE PHENOMENON. —On Monday the 14th inst. at about the break of day or a little after, the weather being moderate, calm and the atmosphere somewhat cloudy and foggy, a meteor or fire ball, passing from a northern point, diplayed over the western part of this state, with a tremendous report. At the same time several pieces of stony substance, fell to the earth in Fairfield county. One mass was driven against a rock and dashed into small pieces, a peck of which remained on the spot. About three miles distant, in the town of Weston, another large piece fell upon the earth, of which a mass of about 30 pounds weight remains entire—and was exhibited the same day at town meeting. A mass has been sent to Yale College, and examined by a number of gentlemen. It was immediately perceived by professor Silliman to contain a metal—and on presenting it to a magnet, a powerful attraction proved it to be iron.
This is, we believe, the first instance in the U. States, in which the substance of this species of meteor has been found on the earth, though it has been seen done in Europe. Fortunately the facts respecting this wonderful phenomenon, are capable of being ascertained and verified with precision; and an investigation will, we understand, be immediately commenced for the purpose.
BOARDING HOUSE. GENTLE BOARDING may be had in a Private Family, next door west of the Old Bank—George-town—a very good Livery Stable handy.
A likely Negro girl for sale, between 12 and 13 years of age. December 14—law