The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1802-07-19 00:00:00

NATIONAL INTELLIGENCER,
WASHINGTON ADVERTISER.
Vol. II.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CLXIV.
FIVE DOLLARS PER ANNUM.
MONDAY, JULY 19th, 1802.
PAID IN ADVANCE.
HISTORY OF THE Last Session of Congress.
[CONTINUED]
JUDICIARY.
On the 6th of January, Mr. Breckenridge, in consequence of previous notice, submitted to the Senate a resolution for the repeal of the act of the last session respecting the organization of the courts of the United States.
Before the passage of that act, the federal courts consisted of one supreme court, of district courts in which a single judge presided, and of circuit courts composed of one or more justices of the supreme court, and of the judges of the district in which the court sat.
By the law of the last session, the character of the circuit courts was entirely changed; the justices of the supreme court ceased to discharge circuit duties, which were devolved on sixteen new judges designated circuit judges.
On the desire of Mr. Tracy, Mr. Breckenridge agreed to postpone the consideration of his motion to repeal the act, until it was taken up. On that day commenced a discussion, which from the importance of the subject, from the length of the debate, and from the universal attention it excited, will be memorable in the annals of politics. In this cursory view of the proceedings of the legislature, it cannot be expected that full justice should be done either to the arguments or the eloquence of the several speakers; particularly as no discussion has ever taken place in our national councils which drew forth more copiously their entire talent. No other attempt, therefore, shall be made than that of exhibiting the procedure with a few of the prominent arguments on each side.
In the Senate the repeal was supported by Messrs. Breckenridge, Cooke, Jackson, S. T. Mason, Baldwin, Anderson, Wright, Bradley, Nicholas, and Stone; and opposed by Messrs. Osgood, Jones, Mason, G. Morris, Tracy, Hillhouse, White, Roff, Dayton, Ogden, Chipman, Wells, and Calhoun. By the former it was contended that the new judges created by the act of the last session were unnecessary; and that being unnecessary, the expense which the establishment occasioned ought not to be incurred; that they were appointed in the last periods of an expiring administration, and could only be viewed in the light of political instruments, created in order to oppose the public will.
By the latter the circuit judges were declared to be necessary, and the expense too trifling to merit the least consideration; and that they had been established by a legislature, and appointed by a president, in the legitimate exercise of their duty, and not with the least aspect to political influence.
But these points were of secondary character compared with the constitutional question. By the federal side the constitutional right of the legislature to vest a judge of his office and salary was denied; and on this point an argument, no less difficult than elaborate, ensued. As it is not inceptive of a judgement without mutilation, and as it is so familiar to the public from the voluminous publications recently made, we shall defer an exposition of it.
On the 26th of January, the bill was ordered to be engrossed for a third reading by the casting vote of the Vice-president, there being 13 Yeas and the same number of Nays.
On the next day it was read a third time, when Mr. Dayton, professing a wish to avert the decision of the constitutional question, moved a reference of the bill to a select committee, with instructions to consider and report the alterations that might be proper in the judiciary system of the United States.
This motion was supported by Mr. Calhoun, and warmly opposed by Mr. Nicholas. When the Yeas and Nays were called, they appeared to be equal; and the Vice-president, being called upon to decide, declared himself in the affirmative; and the bill was accordingly committed to Messrs. Baldwin, Dayton, Calhoun, Anderson, and Morris; three of whom were hostile to the principle of it. This decision, cast by the Vice-president, excited no inconsiderable sensation in the Senate, and not less feeling in the community; and there were not wanting those who considered the conduct of the Vice-president inconfident and inexplicable.
On the last of February Mr. Breckenridge gave notice that he should, on the following day, move that the select
committee, to whom the judiciary bill had been referred, should be discharged from any further consideration of it. This motion was accordingly made on the second, and was supported by Messrs. Breckenridge, Cooke, S. T. Mason, Anderson, Wright, Baldwin, and Jackson; and opposed by Messrs. Dayton, Roff, Tracy and Morris, when the Yeas and Nays being called, it appeared to be carried by a majority of two; and the bill, in the shape in which it had been committed, was again before the Senate.
On the third, the bill was read a third time, and after a debate which did not terminate till 5 o'clock, passed by a majority of one. The following are the Yeas and Nays:—
Yeas—Messrs. Anderson, Baldwin, Bradley, Breckenridge, Brown, Cooke, Ellery, Th. Foster, Franklin, Pickton, Logan, S. T. Mason, Nicholas, Stone, Sumner, Wright, 16.
Nays—Messrs. Calhoun, Chipman, Dayton, D. Foster, Hillhouse, Howard, J. Mason, Morris, Ogden, Osgood, Roff, Sheafe, Tracy, Wells, White, 15.
This bill, as passed in the Senate, was received in the House of Representatives on the 4th of February. Having been read twice, Mr. Bayard moved to commit it to the select committee charged with an enquiry into the expediency of altering the judiciary system.
Mr. Randolph moved its commitment to a committee of the whole house. On this motion which superceded that of Mr. Bayard, a debate ensued between Messrs. Randolph, Giles, Milledge, Smith and S. Smith, in favor of, and Messrs. Bayard, Rutledge, Griswold and Dana against it; when it was carried, ayes 54.
Various days were named whereon to take it up. The federal side of the house moved the most distant, viz. the 15th inst. and engaged, if indulged with that delay, to discuss the principle involved in the bill with logical correctness and forbearance from party allusion. This day was then agreed to by general consent.
Accordingly, on the 15th of February, Mr. Davis called for the order of the day, when Mr. Bayard moved to postpone the consideration of it to the third Monday in March. He was supported by Messrs. Rutledge, Griswold, Dennis, Hemphill, Goddard, Unger, T. Morris & Dana; and opposed by Messrs. Giles, Davis, R. Williams, Smith, Easton, S. Smith and Holland.
Much extensive matter was introduced into the discussion of the question of postponement, which, however, principally turned on the propriety of waiting for a further expression of the public sentiment before the repealing act should be finally passed; each side, as usual, claiming that sentiment to be in its favor. The federal side charged the other with precipitation, who repelled the charge by replying that as the day had been of their suggestion, and had, though distant, been agreed to in a spirit of accommodation, it became them to make the reproach. The motion failed by a majority of 26; when, other motions of postponement to shorter days having shared the same fate, the house resolved itself into a committee of the whole, and took the bill into immediate consideration.
The floor was first taken by Mr. Henderson, who, in a speech which, compared with those that followed, may be called concise, assigned his reasons against the bill on the two grounds of constitutionality and expediency. Having by various arguments supported his doctrine, he closed his speech in the following manner:
"Mr. Chairman, I see, or think I see, in this attempt, that spirit of innovation which has prostrated before it a great part of the old world.—Every institution which the wisdom and experience of ages had reared up for the benefit of man. A spirit which has rode in the whirlwind, and directed the storm to the destruction of the fairest portion of Europe, which has swept before it every vestige of law, religion, morality, and rational government, which has brought twenty millions of people at the feet of one man, and compelled them to take refuge from their complicated miseries in the calm of despotism. It is against the influence of this tremendous spirit, that I wish to raise my voice and exert my powers, weak and feeble as they are. I fear, Sir, on the 7th of December it made its appearance within these walls clothed in a gigantic body, impotent for a time, I fear it has already begun to exert its all-devouring energy. Have you a judiciary system extending over this immense country, matured by the wisdom of your ablest and best men? It must be destroyed. Have you taxes which have been laid since the commencement of the government, and is the irritation consequent upon the laying of taxes worn off? Are
they paid exclusively by the wealthy and the luxurious part of the community; and are they pledged for the payment of the public debt? They must be abolished. Have you a mint establishment which is not only essentially necessary to protect the country against the influx of base foreign metals, but is a splendid attribute of sovereignty? It must be abolished. Have you laws which require foreigners coming to this country to go through a probationary state, by which their habits, their morals and propensities may be known before they are admitted to all the rights of native Americans? They must be repealed and our shores crowded with the outcasts of society, last oppressed humanity then should find no asylum on this globe!"
"Mr. Chairman, if the doctrine contended for by gentlemen on the other side of the house should become the settled construction of the constitution, and enlightened America acquiesce with that construction, I declare for myself, and for myself alone, I would not leave a high nor shed a tear, over its total defolation. The wound you are about to give it will be mortal; it may languish out a miserable existence for a few years, but it will surely die. It will neither serve to protect its friends nor defend itself from the omnipotent energies of its enemies. Better at once to bury it, and with it all our hopes."
Mr. Henderson was followed by Messrs. R. Williams, Thompson, Davis and Preston, in favor of the bill, and Messrs. Hemphill, T. Morris and Stanley against it.
On the 18th Mr. Giles delivered his sentiments in a speech of about two hours in length. Considering the responsibility of public agents to the people as the great question involved in the discussion, he took a retrospective view of the operations of the federal government, as tested by this leading principle, from which he had occasion to mark a succession of important deviations, previously to that evinced in the passage of the judiciary bill proposed to be repealed, which he viewed as intended to afford illegitimate protection to the principles of the then existing administration, by creating a new corps of judges of concurring political opinions, and irresponsible to the nation.
Mr. Giles said, "he rejoiced that this subject was now to be discussed; he thought the crisis peculiarly auspicious for the discussion. He said the European world with which the United States have the most relations, is now tranquilized. The tremendous scenes of blood and revolution, which had agitated that portion of the globe, had at length subsided into profound peace; and had left mankind, in silent amazement, to retrospect the wonderful events which were passed; and he hoped with calm deliberation to improve the lessons they had furnished for the benefit of mankind in time to come. The interests and sympathies which the people of the United States felt in these events no longer turn their attention from their own internal concerns; arguments of the highest consideration for the safety of the constitution, and the liberty of the citizens, no longer receive the short reply, French partisans! Jacobins! Disorganizers! And although the gentleman from N. Carolina, sees, or thinks he sees the destructive spirit mount in the whirlwind and direct the storm; let him be consoled by the information, that all these our actors are mere spirits and are dissolved into thin air." Yes, Sir, these magical delusions are now vanished, and have left the American people and their Congress in their real persons, and original American characters, engaged in the transaction of American concerns.
"Upon taking a view of our internal situation, he observed, although party rage may not be done away; it may be laid, its highest oxim is past. And although the gentleman from N. York (Mr. T. Morris) yesterday observed, that the President had commenced a system of persecution; so ignorant, he said, he was of the existence of such a system, that he could not conceive to what the gentleman alluded. It is some time, Mr. Chairman, since a member of this house, and fondly printers throughout the United States, have been amerced and imprisoned to appease the vengeance of an unconstitutional sedition act, merely for publishing their own sentiments, which happened to be unpalatable to the then existing administration! It is some time, Sir, since we have seen judges who ought to have been independent, converted into political partisans, and like executive millionaires pronouncing political harangues throughout the United States! It is some time, Sir, since we have seen the zealous judge loom from the bench to look out for more victims for judicial
vengeance! It is some time since we have seen the same judicial impetuosity drive from the bar, the most respectable counsel, who humanely proposed to interpose between a friendless and unprotected man, and the judicial vengeance to which he was doomed! It is some time, Sir, since we have seen the same judicial zeal extending the provisions of the sedition act, by discovery that it had jurisdiction of the lex non scripta , or common law! It is some time since we have seen the chief executive magistrate dooming to humiliation 'in dust and ashes' a great portion of the American people! Yes, Sir, these terrific scenes are past. These noisy declamations, and this judicial zeal are hushed into silence by the audible pronunciation of the public will. He said, we may even indulge the hope, Mr. Chairman, that our politicians will not much longer be converted into political forgers; & that the meek & humble teachers of the christian faith, instead of stirring up all the angry and destructive passions of the human mind, will ere long, once more condescend to teach those precepts of humility, forbearance and toleration, taught them by their divine preceptor. These precepts so essential to the discovery of truth, by predisposing the mind to deliberation and reflection."
"The present executive pursuing the general good, and supported by the general confidence, stands not in need of these artificial aids. He invites your inquiry. He knows that the highest encomium which can be bestowed upon his administration, would flow from a correct understanding of his motives and his conduct. Instead of calling in the aid of sedition acts, to the defamatory scribblers, who appear to increase in numbers, and in impudence, in proportion to the desperation of their cause, and their security from punishment, he has said, 'let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated, where reason is left free to combat it.' Under these auspicious circumstances, he said, he proceeded to the discussion of the important question before us with pleasure, confessing that he was subject to error, and knowing that it is his duty, it was his interest to be corrected; confident also, that there was a mass of intelligence and calm reflection at this moment in the people of the United States, competent to detect the error, and apply the corrective."
After other preliminary remarks, Mr. Giles delivered a luminous exposition of the constitutional question.
He was followed the next day by Mr. Bayard, who occupied the floor the whole of that, and until three o'clock of the ensuing day. He began by expressing his surprise at the course pursued by Mr. Giles, from whom he had expected a different line of conduct. He had cherished this expectation from his professions of a desire to conciliate so repeatedly made during the session. But the mask had been suddenly thrown aside, and a blazing torch carried into the house.
Mr. Bayard then replied, in a very diffident manner, to each of the preliminary remarks of Mr. Giles. He denied the charge of monarchic attachment, and asserted that the gentleman himself did not believe that there existed in the country an anti-republican party.
After vindicating the past administrations, he said:—
"I pray to God I may be mistaken in the opinion I entertain as to the designs of gentlemen to whom I am opposed.—Those designs I believe hostile to the powers of this government. State pride extinguishes national sentiment. Whatever is taken from this government is given to the states."
"The ruins of this government aggrandize the states. There are states which are too proud to be controuled. Whole sets of greatnets and resource renders them indifferent to our protection, and induces a belief, that if no general government existed, their influence would be more extensive and their importance more conspicuous. There are gentlemen who make no secret of an extreme point of depression, to which the government is to be sunk."
Mr. Bayard proceeded in a similar strain until he reached that part of Mr. Giles's speech which related to the judiciary.
He then observed:— "After, Mr. Chairman, the honorable member had exhausted one quiver of arrows against the late executive, he opened another equally poisoned, against the judiciary. He has told us, Sir, that when the power of the government was rapidly passing from federal hands, after we had heard the thundering voice of the people which dismissed as from their
service, we created a judiciary, which we expected would afford us the shelter of an inviolable sanctuary. The gentleman is deceived. We knew better, Sir, the characters who were to succeed us, and we knew that nothing was sacred in the eyes of infidels. No, Sir, I never had a thought that any thing belonging to the federal government was holy in the eyes of such gentlemen. I could never therefore in good faith, a sanctuary could be built up which would not be violated. I believe the gentlemen regard public opinion because their power depends upon it, but I believe they regard no existing establishment of the government, and if public opinion could be brought to support them, I have no doubt they would annihilate the whole."
"The judges, Sir, have been criminated for their conduct in relation to the sedition act, and have been charged with searching for victims who were favoured under it. The charge is easily made, but has the gentleman the means of imposing it? It was the evident design of the gentleman to attach the odium of the sedition law to the judiciary; on this score the judges are surely innocent. They did not pass the act; the legislature made the law, and they were obliged by their oaths to execute it. The judges decided the law to be constitutional, and I am not now going to agitate the question. I did hope when the law passed, that its effect would be partial. It did not touch the freedom of speech, and was designed only to restrain the enormous abuses of the press. It went no farther than to punish malicious falsehoods published with the wicked intention of destroying the government. No innocent man ever did or could have suffered under the law. No punishment could be inflicted till a jury was satisfied that the publication was false, and that the party charged knowing it to be false had published it with an evil design."
Mr. Bayard then vindicated the act of the last session at great length, and urged the unconstitutionality of the present bill; when towards the close of his speech he remarked:—
"I say in the nature of things the dependence of the judges upon the legislature and their right to declare the acts of the legislature void, are renunciations and cannot exist together. The doctrine, Sir, in poses two rights—the right of the legislature to destroy the office of the judge, and the right of the judge to vacate the act of the legislature. You have a right to abolish by a law, the offices of the judges of the circuit courts. They have a right to declare your law void. It unavoidably follows in the exercise of these rights, either that you destroy their rights, or that they destroy yours. This doctrine is not an arbitrary absurdity, it is a most dangerous heresy. It is a doctrine which cannot be practiced without producing not discord only, but bedded. If you pass the bill upon your table the judges have a constitutional right to declare it void. I hope they will have courage to exercise that right; and if, Sir, I am called upon to take my sides, standing equidistant in my conscience and before my God, of all motives but the support of the constitution of my country, I shall not tremble at the consequences."
"The constitution may have its enemies, but I know that it has all its friends. I beg gentlemen to pause before they take this rash step. There are many, very many who believe, if you strike this blow, you inflict a mortal wound on the constitution. These are many now willing to spill their blood to defend that constitution. Are gentlemen disposed to risk the consequences? Sir, I mean no threats—I have no expectation of appalling the stout hearts of my adversaries; but if gentlemen are regardless of themselves, let them consider their wives and children, their neighbors and their friends. Will they risk civil discord; will they hazard the welfare, will they jeopardize the peace of the country, to save a paltry sum of money, less than thirty thousand dollars."
From these specimens, it will appear that the speech of Mr. Bayard was characterised by a style of uncommon vehemence, not to say fury. He professed to find his apology for this strain in the preceding remarks of Mr. Giles; but it is believed that the disinterested observer of political events will discern in this apology no other than a pretext for the unbounded license with which the orator, by direct assertion, or more envenomed insinuation, reproached the present administration.
From this period the debate assumed the barbed features of party animosity and prejudice. Few of the following speakers confined themselves to the ar-

its of the question, while many are... by light of them in the vehemence... of their feeling. Whatever of prejudice... or of such that related to the past... present, or expected measures of the government... was liberally and liberally... reprinted, until the practice of the house... apparently exhausted, no longer brook-... ed delay. For twelve days, the house... was exclusively occupied with the speech-... es of Messrs. Macon, Israel Smith, Daw-... son, Nicholson, S. Smith, in favor... of the repeal; and of Messrs. Huger, Gail-... lard, Rutledge, Griswold, Dennis, against it; in addition to those already... noticed; when on Saturday the 27th, the taking of the question was earnestly... urged by the republican, and as earnestly... opposed by the federal side of the house; further time for discussion was... however allowed, by a majority of three.
On Monday, Messrs. Gregg, and Holland, spoke in favor of, and Messrs. Hill, Cutler, Rutledge, Dima, Pieter, Palmegre, and Lowndes, against the bill, when, about 11 o'clock at night, the question was taken on striking out the last section, which would have been equivalent to a rejection of the bill, and lost. Yeas 31—Nays 60.
The bill, being reported without amendment, was the next day taken up in the House, when Messrs. Griswold and Bayard moved a number of amendments, all of which were rejected by large majorities.
At this period of the debate Dr. Easton delivered his sentiments; and expressed himself against the bill in its present shape, not because he deemed the repeal unconstitutional—that he had no doubt—but because he thought the old system ought to be amended before it would be restored.
On the ensuing day the bill was read a third time. A motion, made by Mr. Lowndes, to postpone it until the first Monday of December, was lost by a majority of 27.
Messrs. Clapton, Varnum, and Standford, spoke in favor of, and Mr. Lowndes against the bill; when the final question was taken on the passage, by Yeas and Nays, and carried by a majority of 27.
The Yeas were Messrs. Alston, Archer, Bacon, Bayly, Bithyn, Brent, Brown, Butler, Cabell, Claiborne, Clay, Clapton, Condit, Cuts, Davis, Dawson, Dickson, Edmunds, Elmer, Fowler, Giles, Gray, Gregg, J. Hester, Helm, Hoge, Holland, Holmes, Jackson, Johnson, Jones, Keith, Milledge, Mitchell, Moore, Mott, New, Newton, Nicholson, Randolph, Smith, J. Smith, of N. Y., J. Smith, of Virg., J. S. Smith, S. Smith, Southard, Stanford, Stanton, Stewart, Taliaferro, Thomas, Thompson, A. Trigg, J. Trigg, Van Cortlandt, Van Ness, Varnum, Van Horn. R. Williams—59.
Nays—Messrs. Boude, Campbell, Caton, Dana, Davenport, Dennis, Eutis, Foster, G. Gailard, Griswold, Groves, Hastings, Hemphill, Henderson, Hill, Huger, Lowndes, L. R. Morris, Peirce, Pater, Read, Rutledge, Stanley, Taliaferro, Tenney, Tillinghast, Usham, Van Rensselaer, Wadsworth, Walker, L. Williams, Wood—32.
Thus ended this gigantic debate. With the nation left to decide, if it has not already decided, the constitutionality of the right asserted by the legislature. This decision will be made, through the ordinary organs of the public will, notwithstanding the criminal efforts of party to agitate and convulse the union—While it is to be regretted that this untoward spirit, bent on the gratification of its bitter purposes, should put to hazard our dearest interests, by exciting passions no less destructive of union than destructive of the great charter of our rights; we cannot feel too grateful in the assurance that the American people, whose interests are the same, will continue, in every vicissitude, to cling to the union of the states, as the rock of their happiness.
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To the Editor of the Providence Gazette.
In your paper of Saturday last appeared a paragraph, copied from the Trenton Federalist, asserting that "the Ministerialists," (meaning the President and two Houses of Congress) "afraid that the decision of the supreme court, on the constitutionality of the late law abolishing the judiciary system, would be against them—to prevent that decision, suspended the sittings of the supreme court for the space of fourteen months!"
Your paper has long been distinguished for its impartiality, its patriotic regard to truth, and general correctness of the information it published: I was therefore surprised to see in it a paragraph so false and inflammatory, originally intended to excite alarms & resentment in the minds of those who are unacquainted with the subject, and which I believe you would not have published, if you had seen the late act of congress to which it alludes. As its effect ought to be counteracted, I request you to insert in your next number the following historical statement, which will show how little foundation there is for the assertion it contains.
The first judiciary system of the United States was established by an act of congress passed Sept. 24. 1789. It has been called the Ellsworth System, from the principal agency which the late chief justice Ellsworth had in its formation, he being then a Senator of the United States from the state of Connecticut. It consisted of the supreme court, the circuit courts, and a district court in each state, all admirably woven and connected together. The two latter subordinate to the supreme court, which was required to meet at the seat of government on the first Monday in February, and in August, annually. The supreme court consisted of six judges; the circuit courts, of two judges of the supreme court, sitting in each state with the judge of the district court for the State; and the district court was formed by the appointment of a single judge in each state, with maritime and fiscal jurisdictions. The itinerary of the judges of the supreme court, was a most noble, distinguishing, and popular feature of the system borrowed from the English, but greatly improved in the system of the United States. The system remained substantially the same, unaltered for a number of years—gave universal satisfaction—and was the glory and boast of our country.
It was at length suggested by some of the judges of the supreme court, that their stations were too laborious , and that their time was too much taken up in traveling. As a remedy, the national legislature (always complainant to the views, and wishes of the supreme court) instead of increasing the number of circuits, and the number of the judges of the supreme court, so as to have rendered the business feasible, which was the only proper remedy, unfortunately passed an act which required the presence of only one judge of the supreme court, with the district judge, to constitute a circuit court, by which, at one stroke, the judges of the supreme court were exonerated from almost one half of the duty before incumbent on them. This was the root and ground work of all the evils which have since existed in the judiciary system. It was unreasonable to expect that the circuit courts, consisting of only two persons, one residing in the state, and the other from a different State, would give the same satisfaction as had been given when the court consisted of three judges. Soon after this arrangement, or rather derangement, was made, complaints poured into congress from all quarters, and it appeared necessary that something should be done to retrieve the mistake which had been made. But as the judges of the supreme court had been relieved from nearly one half of the duty which had been originally assigned them and were desirous of being exempted entirely from all attendance on the circuit courts, it was concluded at the session of congress before the last entirely to new organize the system . This was done. Six circuit courts were established, and the judges of the supreme court were excluded from any attendance on them. The itinerary of the supreme court, as it respected the constitution of the circuit courts, was thus entirely done away. It was foreseen, at the time, by those who opposed the adoption of the new system, that it would excite great uneasiness. It was however voted by a small majority in each house of congress. At the last session of congress the business again came under consideration, when the law of the preceding session was for very weighty reasons repealed. The itinerary of the judges of the supreme court was restored, and the circuit courts placed on the same footing as before the passing of the law which was repealed. But as there has commonly been but little business to transact in the supreme court at the seat of government, at the August session, when the weather is sultry and disagreeable for travelling, congress, still further to relieve the judges, as well as the jurors and suitors, passed an act on the 29th of April last, authorizing
and requiring the associate justice, residing in the fourth district, to attend on the first Monday of August annually at the seat of government, "to make all the necessary orders touching any suit, action, appeal, writ of error, process, pleadings or proceedings, returned to the said court, or depending therein preparatory to the hearing, trial or decision of such action, suit, appeal, writ of error, process, pleadings or proceedings, and by the same law, provided that all writs and process might be returnable to the said court on the said first Monday in August, in the same manner as to the session of said court held on the first Monday in February"—that the process should bear teste accordingly, and that the clerk of the supreme court should attend to make all proper entries; and that all actions prepared for trial should be continued over to the next February session.—Thus substituting the February session for jury trials , and trial where the pleadings are closed, for which very weighty reasons may be assigned.—This is all the ground there is for asserting, that the sitting of the supreme court is suspended for the term of fourteen months. It is a mere continuance of jury trials , and trials where pleadings are closed , from the session in August, to that in February.
It is absurd to suppose that "Year" produced the measure alluded to. It was a mere act of legislation, in the honest and faithful discharge of duty. The president and congress have therefore nothing to fear. Should the supreme court be so imprudent as to meet and declare the law alluded to unconstitutional, the people of the United States would view it with silent regret, but they would act with dignity and propriety, as they did when the court claimed the same control over a state, as over a common town corporation. The people would in the present case, as they did in that, provide with calmness an amendment to the national constitution, confirming the late decision of congress relative to their power to constitute; and in case they find that errors or mistakes have been made to abolish any tribunals subordinate to the supreme judicial court. A decision of the supreme court contravening the one lately given on this subject by congress, would occasion some trouble, but would eventually produce the amendment to the national constitution which I have mentioned. Such at least is the opinion of
Yours, &c. THEODORE FOSTER. Providence, June 13, 1802.
MEMOIRS OF MRS. CHAPON.
From an English publication. So may some gentle male, With lucky words favor my destined urn; And as he passes turn, And bid fair peace be to my sable shroud.
Mrs. Chapone, who died, at Hadley, in Middlesex, December the 25th 1801, in her 75th year, has long been known to the public, as an elegant and highly moral writer. The first productions of hers, which were given to the world, were the interesting story of Fidelia in the Adventurer ; and a Poem, prefixed to her friend Mrs. Carter's Translation of Epictetus ; but her name only became known on the publication of a deftly-contrived popular work, Letters on the improvement of the mind, addressed to a young Lady . This was printed in 1772, and will long, it is to be hoped, maintain its place in the library of young women. It is distinguished by sound sense, a liberal, as well as a warm, spirit of piety, and a philosophy applied to its best use, the culture of the heart and affections. It has nothing of the affectations of thought, no peculiarities of style; it follows experience as its guide, and is content to produce effects of acknowledged utility, by known and approved means. On these accounts, it is perhaps the most unexceptionable treatise, that can be put into the hands of female youth. These letters are particularly excellent, in what relates to regulating the temper and feelings. Their style is pure and unadorned, and the manner grave and impressive. Those who choose to compare them in this respect with another widely circulated publication, addressed, about the same time to young women, (Dr. Fordyce's Sermons) will probably be of opinion, that the dignified simplicity of the female writer is much more consonant to true taste, than the affected prettinesses and constant glitter of the preacher. Mrs. Chapone soon after published a volume of Miscellanies, containing one or two moral essays, and some elegant poems. The poems, which have the merit of many beautiful thoughts, and some original images, seem not to have been sufficiently appreciated by the public; for they were not greatly noticed, owing perhaps to the mode of their publication. It was not then so common as it has been since to mix new matter with old.
Mrs. Chapone's maiden name was Mullet; her family was a respectable one, in Northamptonshire. Her married life was short, and not very happy. She probably alluded to her own nuptial
choice, when she speaks in one of her poems of "Prudence slow, that ever comes too late."
When left a widow, her very limited circumstances prevented her not from enjoying a large acquaintance among the first circles of society, who admired her for her talents, and respected her for her virtues.
She understood and relished conversation. Her discourse was seasoned occasionally with a vein of humour; and having the advantage (or it is an advantage, &c) of allocating in early life with the best company, the ease and polish of the gentleman accompanied the talents of the writer. Her person was plain; but in her youth she had a fine voice, and always had a strong tale for a wife. Mrs. Chapone was one of those women who have shown that it is possible to attain a correct and elegant style, without an acquaintance with the classics. The French and Italian she understood; and from the latter she made some translations. Mrs. Chapone, Mrs. Montague, and another lady, who finds confess'dly at the summit of female literature, and upon a par with the distinguished scholars of the other sex, were friends and intimates: the two former have left the stage; but their venerable reign still survives to receive the homage of another century. Mrs. Chapone had been declining in health for many years. The loss of a beloved niece, the lady to whom the letters were addressed, and of a more beloved brother to whom she was united in affection and similarity of taste hastened their termination; and for some time before her death, she was laid aside from society. It is not unusual for those, who in some period of their lives have filed a certain space in the eye of the public, if they have been sometime withdrawn from it, to glide silently out of life unnoticed, except by the attendants at their bedside; so was it with Mrs. Chapone.—But if there are those of her sex, now happy wives and mothers, who have in any measure been formed to those characters by the early impressions they may have received from her writings, they will drop a grateful tear to the memory of their benefactress, and rank her among those who, in the French phrase, "have deserved well of their country."
Hertford County, (N. C.)
June 24, 1802.
To Mr. A. HODGE,
I have observed by your last paper that you were not acquainted with the particulars respecting the intended conspiracy of the negroes in this county.—The latter part of May we had a search of the negro houses for arms, &c. but no preparation for carrying any hostile design into effect was discovered. On the 2d of June, a party who were making a search in Bertie county, found in the house of a negro woman at Cotereau, a full piece of paper, containing the names of about 14 negro men. This woman confessed that the paper was left with her that morning by Fed; and Fed declared it was given to him the night before by Sumner's Frank, to carry to Brown's King. It appeared to be a letter from Frank to King—for it began in this manner, "Captain Frank Sumner is to command, (and then names, the men, and the 10th of June was the time) you are to get as many men as you can.—To capt. King Brown, &c" The negroes named on the paper, belonging to this county, were apprehended, and the court sat to try them on the 10th instant. When Frank was found guilty of conspiracy, and has suffered death; a second was cropped, branded and whipped; a third was cropped and whipped, and the remainder whipped; there appearing nothing against them, only their names being on the paper. I have from the best of my recollection detailed the most material circumstances respecting the business. It is to be lamented that so many false and exaggerated accounts should be circulated over the continent, on this subject; but I know of no prevention.
I am with esteem, Your humble servant, THOMAS WYNNE.
New-York, July 13.
Extract of a letter from Brussels, dated May 13.
"Orders have been just received to prepare lodgings for the First Consul and his suite, also for the deputies of the 9 departments of Belgium and the 4 departments of the Rhine, who are to assemble here in the course of next month. The First Consul will remain in this city 10 or 12 days, from whence he will afterwards set out for Antwerp."
Extract of a letter from the Hague, dated May 5.
"We have at length received, last evening, the ratification from France, which was exchanged with ours in Paris on the 11th of this month.—Peace will be proclaimed this day at the sound of the trumpet; and to-morrow the council of state will make public the proclamation on that subject addressed to the Batavian people."
"The long expected ordinance relative to the loan of 30 millions, has at last appeared the day before yesterday.
Therein it is said that all the persons who have subscribed to it, but who have not paid any money, shall be erased from the subscriber list. This measure appears so much more disagreeable to many persons, as they had procured considerable sums on very high interest for the purpose of placing it in that loan. Government has been obliged to raise it to $3 millions, on account of having received so much money that they cannot return the surplus to the subscribers without allowing some compensation for it.
"The frigate Clon , and a brig have failed from Middlebourg, for Elfequib and Demerara."
Extract of a letter from Hanover, dated May 6.
"Baron de Rhenen, envoy extraordinary and Minister Plenipotentiary of his Majesty the Elector of Brunswick Lünebourg near the court of Berlin, has again presented to the Prussian minister a pressing note relative to the pretensions of his Britannic Majesty upon the bishoprics of Hildesheim and Osnaburg, as well as on the abbey of Corvey.—His excellency announces at the same time, that the king, his master, was desirous that due regard should be paid to this note at the time of arranging the secularizations and indemnities."
Capt. Wilswall, of the schooner J. hn (whose arrival we mentioned yesterday, from St. Croix, via Turks Island) informs, that the inhabitants of that place have come to a resolution not to fill another barrel of salt, under existing circumstances—the Governor of the Bahamas having laid a tax of one penny a bushel on this article, and a duty amounting to 7 per cent. on all goods landed on that island. The inhabitants, feeling the injustice of this measure, have sent a deputy to England to endeavour to obtain relief; and, until the decision of the British government, not a barrel of salt will be held at the above place. Capt. Wilswall adds, that several American vessels had stooped there for this article, but were obliged to leave the island without being able to obtain any.
PROPOSALS
Will be received until Monday next 2d inst. at six o'clock A. M. for completing the Carpenter's work, Plastering, &c. of an unfinished House on F and 12th Streets, belonging to the Washington Building Company.—For further information enquire of THOMAS CARPENTER, Chairman B. C.
July 14.
AGREABLY to a Deed of Trust from Anthony Addison to the Subscriber, will be offered
For Sale
to the highest bidder, by Public Auction, at Steele's Hotel, in the City of Washington, on Monday the 9th day of August next, all that tract of land lying and being on the eastern branch of the Potomac, opposite to said City, called, "Chiefester, with addition re-surveyed" containing three hundred acres. On the above mentioned tract of land, is the Ferry landing, so well known by the name of "Dyer's Ferry," now in the occupation of Capt. Naylor. The Sale to commence at 11 o'clock in the forenoon.—Terms of Sale—Cash.
Wm. BRENT, 19th A.
A Valuable Farm for Sale, In King George County & State of Virginia.
THIS Farm contains five hundred and thirty five acres—about three hundred and fifty of which are cleared and divided into three fields with good inclosures; it is situated on Potomac river, and bounded on the South East side for a mile and half by Rozier's creek, which affords a great abundance of fine fish and wild fowl, crabs, oysters, &c.—thirty miles from Fredericksburg, forty four from Alexandria, and fifty from Washington City.
On this land are very extensive shell banks, exclusive of the advantages to be derived from these banks by the lime business, they are very favourable to the production of corn and wheat, and the soil inexhaustible; there are about sixty or seventy acres of this kind of land, and the balance that is cleared of an excellent quality, and a great number of springs of fine water; it can with certainty be classed among the most healthy situations, below the falls of Potomac—indeed, the natural advantages attending this place are innumerable.
The improvements are a two story framed dwelling house, sixty-four feet long, commanding a beautiful view of the creek and river; one other house intended for an office, twenty-five feet by eighteen with three rooms and a cellar in good repair; a large house, including a stable for eight horses, a corn-house, carriage house, stable and barns, &c. and a commodious granary above, and other convenient buildings on the Farm—a small orchard of well chosen apples and peach-trees—the yard and garden inclosed this spring, with pales and railing—The whole plantation in good repair, and the land in a great state of improvement.
The terms of Sale will be made known by Mr. Francis Whitney, who in a short time will be a resident of Berkeley county, or by the subscriber on the premises.
WILLIAM P. FLOOD.
July 9, 1802.
FOR SALE.
TWO large superb Looking-glasses just imported from London. One Plate measuring 10 3/4 by 40 inches, The other, 24 by 40 do. with suitable ornaments—apply to Wm. HODGSON.
Alexandria, June 30, 1802. 12t

WASHINGTON CITY.
MONDAY, JULY 19, 1802.
APPOINTMENTS BY THE PRESIDENT.
Officers for the first Legion of Militia in the District of Columbia.
William Brent, captain of cavalry, Nicholas Voss, 1st lieutenant do. Washington Boyd, 2d do. do. Henry O'Reilly, cornet of do. John Davidson, captain of artillery, Edgar Patterson, 1st lieutenant do. Benjamin Birch, 2d do. do. Thomas C. Corcoran, captain of grenadiers, John Jack, lieutenant do. Otho Sprigg, ensign do. Wm. O. Sprigg, captain of light infantry, John Hewitt, lieutenant of do. Leonard Holliday Johns, ensign of do.
Captains of Infantry.
Benjamin Moore, Henry Whitecraft, Alexander Kerr, Thomas G. Addison, John R. Raitzell, Washington Bowie, Walter Smith, Joseph S. Bell.
Lieutenants of Infantry.
Joel Brown, Peter Lenox, Samuel N. Smallwood, John B. Kirby, Robert Peter, Richard Johns, Thomas Robertson, Abner Cloud.
Ensigns of Infantry.
Patrick Simms, Betsy Walkington, Griffith Coombs, Henry Queen, Henry H. Young, Nicholas Hedges, Daniel Renner, Anthony Holmead, Frederick May, Surgeon, John Ott, Surgeon's mate.
FOR THE SECOND LEGION.
Walter Jones, jun. captain of cavalry, Samuel Goudon, 1st lieutenant do. Jacob Gruber, 2d do. do. William H. Lyles, cornet do. Alexander Smith, captain of Riflemen, John J. Hudson, lieutenant do. William Harper, jun. ensign do. John Longdon, captain of artillery, Patrick Baucus, 1st lieutenant do. Ferdinand Mayseller, 2d do. do. Amos Alexander capt. of light infantry, George Wile, lieutenant do. John Hoof, ensign of do.
Captains of Infantry.
Jobiah Faxon, Adam Lynn, Lewis Summers, George N. Lyles, Clement Sewell, Presly Gonnell, John Colhoun, Charles M. Knight.
Lieutenants of Infantry.
Joseph Ingles, James D. Westcott, John A. Stewart, Leonard Cook, Robert Stewart, Lawrence Hook, jun. Thomas D. Dine, jun. Benjamin Berly.
Ensigns of Infantry.
James S. Scott, Thomas Moore, James A. Sutton, James McGuire, William Turner, John Danner, Henry Talbert, Daniel M'Dougal.
William D. Bealle, adjutant. Charles A. Beatty, quartermaster.
A telescope of the value of 12 000l. sterling has been lately shipped in the river Thames for the Royal Observatory at Madrid. It was made in London under the direction of Dr. Herschel, and it fits so many packages as to freight present part of a small ship. Another telescope is also about to be completed, under the same direction, for the academy of Sciences at St. Petersburg. This last instrument will cost about 5000l. [Lond. pap.]
In the Turkish printing establishment at Constantinople, which has existed for the last two years, under the favor of the Sultan Selim, a dictionary is now printing of the Turkish, Greek, Latin, French and Persian languages, in three volumes, folio; and ninety sheets are already printed. In Constantinople there are, besides two Greek printing-offices, under the inspection of patriarch Neophytus, but in these, only church books are printed.
According to a calculation formed upon the plan of the Count D'Aranda, the
population of Spain amounts to 9,317,804 individuals, of whom 157,805 are composed of the regular and secular clergy.
We have received the Mouvement and the Journal des Defenseurs , to the 31st of May inclusive.
They contain but little news of importance. Such as it is, is given. In the proceedings of the public bodies, the details accompanying the presentation of, and agreement to, several interesting projects are given. Among these are a report of Adet, on the state of the French colonies; a report on tobacco; and a very elaborate report on the organization of the militia.
The debates on the adoption of the proposition for establishing a guard of honor, are very long; and it was only adopted after a spirited opposition.
The papers are crowded with congratulatory addresses to the first consul, on his magnanimous acquiescence in the national wish, that he should be declared consul for life. The result of but two assemblies, and those military, have been ascertained on this point. As might be expected, they are unanimously in favour of it.
To the minister of war, from general Mortier, commander of the first military division. Paris, 19th, May.
Citizen minister, Organ, of the corps composing the first military division, I have the honor of transmitting to you their votes on the question, "shall Napoleon Bonaparte be Consul for life?" Which unanimity and the most lively enthusiasm of officers, under officers and soldiers have voted in the affirmative. This assent, was equally the offspring of their hearts and the sentiment of gratitude, and devotion to the illustrious magistrate, who so often has fixed victory on their banners and to whom their country owes the degree of power, glory and happiness which she enjoys. Such are, Citizen Minister, the expressions of their attachment to the person of the First Consul and which I feel it my duty to transmit to you.
Paris, May 25.
The colony of St. Domingo, in long the scene of every kind of distress, within the course of a little time, will regain its original state. For many years its commerce has been subjected to no law. The French nation, to which it exclusively belongs, has not sent thither a single vessel. By degrees, things must be restored to their old order, and to national and foreign commerce must be assigned their respective portions; but patience to bids our suddenly depriving the one of all its present privileges in order to restore them to the other. We must await the return of ancient habits, wait until our manufactures are extended and improved.
General Le Clerc has just published the following decree, perfectly adapted to existing circumstances.
The General in Chief decrees:— That all French vessels arriving directly from France and loaded with French merchandise, shall be subjected to the right of importation and exportation, to pay only the half of what is exacted from foreign vessels. All vessels which shall bring dry goods manufactured elsewhere than in France, shall be subject to 20 per cent.
PARIS, May 26.
The Consuls of the republic, upon the report of the minister of marine and of the colonies, decree:—
The Isles of Martinique and St. Lucie shall be administered by three magistrates, namely, a general in chief, a colonial prelect, and a chief justice.
May 27.
General Moncey, inspector-general of the national gendarmerie to General Berthier, minister of war.
On receiving your instructions in regard to the form to be observed in taking this question, shall Napoleon Bonaparte be consul for life! A register was opened to receive the signatures of the inspector-general, officers, under officers and of the other military then at Paris. At the term prescribed by the act of government I close this register; I have the honor of transmitting it to you, marked with an unanimous affirmative. I will not boast, citizen minister, of the enthusiasm of the gendarmerie and the unanimity of its desire for the consulate for the life of citizen Bonaparte; this is not meritorious, it is simply the instinct of its own happiness. The knowledge of all the miracles performed by Bonaparte since the 18th Brumaire, infuses into us all that is great, liberal and just, in his future acts; and this magnanimous and grateful nation, now called to pronounce upon its destinies, votes for the stability of its own happiness, in making the First Consul its perpetual guardian. May many years elapse before the First Consul passes to immortality! May his enjoyment and our devotion and love remove that moment beyond the bounds of human existence.
(Signed) MANCEY.
Milan, May 5.
We have heard from the neighbouring provinces an account of an earthquake, which has occasioned considerable devastation. Crema and Soncino have particularly suffered; the details which we have from Prunovi, are likewise very affecting. Government has hastened to send them assistance.
The French troops continue to leave this place; they have already evacuated Tarente. The Russians will depart within a month for Corfu with M. le Count de Mancenigo, charged with the re-establishment of order in that place.
Naples, May 4.
The military conscription for life has been suppressed by an ordinance of the Emperor, and is now limited to a term of 10, 12, or 14 years.
Vienna, May 13.
The military conscription for life has been suppressed by an ordinance of the Emperor, and is now limited to a term of 10, 12, or 14 years.
Haque, May 15.
Admiral de Winter left the Texel the 10th of this month; his squadron was composed of Oudebaecker, the Revolution and Schickenerweder, ships of the line of 64 guns, 350 to 375 men each, & the frigate Scipio of 24 guns; the brigs one the Pines and the other the Aneerd. Three of the vessels of our marine are already in the Mediterranean, for which place the squadron of Admiral de Winter is destined.
BASLE, 18th of May.
The assembly of notables sat on the 15th of May, to hear the message from the left council, containing an invitation to communicate its ideas on the state of the finances of the republic, and particularly upon the means of extinguishing the public debt. The assembly named a committee to make a report on this subject.
Tranquility is not yet entirely re-established at Underwald. It appears the partisans of the old system had formed a project to separate it from the Helvetic republic—according to the project all the municipalities were to be destroyed; this took place only in some communes, where they were replaced by the ancient councils of the church. At Kernes, this council began its operations by the destruction of the armories of the republic, which have been replaced by those of the ancient canton of Underwald. Several French companies have been detached to this canton to re-establish order.
All the friends of order with the arrestation of the chiefs of this insurrection, and expect that the insurgent commune will be promptly disarmed. For this purpose the troops have been disposed in a manner to prevent any further resistance; but while Leman is quieted, Fribourg evinces some symptoms of discontent. The curate of Molen has been assailed in his house by armed peasants, and forced to deliver papers relative to the taxes, which were in his possession. Measures have been taken to ensure the tranquility of this canton also.
Haque, May 26.
The first port at which admiral de Winter will touch will be Malaga, though nothing is officially published respecting the destination of the squadron under his command, it is however known that he will first visit the Barbary Powers, with whom the admiral is instructed to renew the commercial relations which have been neglected or interrupted by the war.
Bordeaux, April 17. The principal Commissary of the Marine to the Editor of the Echo.
I send you, citizen, a copy of a dispatch I have received from the minister of the marine, by which you will see that the government of the United States of America has decided that all the vessels of that nation, before they proceed to sea, shall be furnished with a bill of health, stating the state of the health of the inhabitants of the port of departure and its neighbourhood. You will remark, citizen, that this dispatch is of the 23d of Fluviose last (February 12) and if I have not hitherto given it publicity through the journals, it was because I had reason to believe that the government of the United States would extend its hand to the execution of its order; but the arrival of many American vessels without bills of health, proves to me that the captains of that nation endeavoured to elude a regulation of which the interest of humanity requires the complete execution. I pray you to insert the dispatch here joined in your journal, as well as the form of the bill of health, so that the merchants of this port, by having knowledge of it, may inform the owners of vessels in the U. States with whom they correspond, that they ought to direct their captains to be very exact in furnishing themselves with bills of health, seeing that I shall act with great strictness against all American vessels, and they will have to undergo a quarantine, more or less prolonged, in the island of Reunion. Such are the dispositions agreed upon between the French and the American governments, and I cannot depart from them, particularly in the approaching season, which by the reason of the hot weather, requires the most active attention.
AUGUSTE BERGEVIN.
Paris, May 31.
His Excellency Chateaubriant,bachmannschefte (comptroller general of the finances) minister plenipotentiary of the Republic, left Vienna the beginning of Prairial [about the 25th May] He is at this moment arrived at Strasburg. The First Consul had sent Citizen Dupas, superintendant of the Palace of Government, to the frontiers to meet that minister, and Citizen Danton, first inter-
(Translated for the Mercantile Advertiser.)
preter of the French Legation at Constantinople. By virtue of a decree of the Consuls of the 26th May, the execution of the law which prohibits the exportation of flax is suspended during peace.
Citizen Coquerel Montbrey, commissary general of commercial relations at Amsterdam, is appointed to the same office at London.
The minister of the interior has just ordered that there shall be this year an exhibition of the productions of painters, sculptors, architects, and engravers, which is to continue from the 10th Fructidor to the 15th Brumaire following [Sept. 2 to Nov. 5]. There will be at the same time an exhibition of the works intended to celebrate the Treaty of Amiens and the law on the liberty of Worship.
The Prefects write from all the departments that the will of the citizens is unanimous for the nomination of the First Consul for life.
Business continues here in a very flagrant state, and the course of exchange experiences little variation.
London, May 23.
Letters from Malta of March 30th mention that Vice-Admiral Sir Richard Bickerton, had failed for Egypt in the Madras of 54 guns; and that the evacuation of Malta by our troops, was to take place on the arrival of the Cæsar of 84 guns, under Sir James Saumarez, who was momentarily expected.
Dispatches have been received from Bengal announcing that the province of Oude had come under the dominion of the East-India Company, and that the brother of Marquis Wellesley is appointed deputy governor, having under him Messrs. Matthew, Leslie, and Seton. The Company have granted a pension to the Nabob. Marquis Wellesley was to depart for England on his return from Lucknow, retaining however his situation of governor of Bengal. Orders have been sent to his lordship for the immediate reduction of his guard.
The reduction of the army is taking place with the greatest alacrity. Six regiments are about to depart for Ireland, to replace the fencible and militia corps who are to be disbanded.
Mr. Addington, proposing yesterday in the house of commons, in the committee of supply, to vote the sum of 173,535l. sterling, for the relief of French emigrants and American royalists, took that opportunity of announcing that every facility was given to the former to return to their country. He added that the good will of the French government on the one part, in permitting their return, and the disposition of England on the other, in concurring with the same object, was the strongest proof of the mutual desire of the two countries to cherish those pacific sentiments which have so happily put an end to the war.
Haque, May 26.
The first port at which admiral de Winter will touch will be Malaga, though nothing is officially published respecting the destination of the squadron under his command, it is however known that he will first visit the Barbary Powers, with whom the admiral is instructed to renew the commercial relations which have been neglected or interrupted by the war.
Bordeaux, April 17. The principal Commissary of the Marine to the Editor of the Echo.
I send you, citizen, a copy of a dispatch I have received from the minister of the marine, by which you will see that the government of the United States of America has decided that all the vessels of that nation, before they proceed to sea, shall be furnished with a bill of health, stating the state of the health of the inhabitants of the port of departure and its neighbourhood. You will remark, citizen, that this dispatch is of the 23d of Fluviose last (February 12) and if I have not hitherto given it publicity through the journals, it was because I had reason to believe that the government of the United States would extend its hand to the execution of its order; but the arrival of many American vessels without bills of health, proves to me that the captains of that nation endeavoured to elude a regulation of which the interest of humanity requires the complete execution. I pray you to insert the dispatch here joined in your journal, as well as the form of the bill of health, so that the merchants of this port, by having knowledge of it, may inform the owners of vessels in the U. States with whom they correspond, that they ought to direct their captains to be very exact in furnishing themselves with bills of health, seeing that I shall act with great strictness against all American vessels, and they will have to undergo a quarantine, more or less prolonged, in the island of Reunion. Such are the dispositions agreed upon between the French and the American governments, and I cannot depart from them, particularly in the approaching season, which by the reason of the hot weather, requires the most active attention.
AUGUSTE BERGEVIN.
Paris, May 31.
His Excellency Chateaubriant,bachmannschefte (comptroller general of the finances) minister plenipotentiary of the Republic, left Vienna the beginning of Prairial [about the 25th May] He is at this moment arrived at Strasburg. The First Consul had sent Citizen Dupas, superintendant of the Palace of Government, to the frontiers to meet that minister, and Citizen Danton, first inter-
(Translated for the Mercantile Advertiser.)
The minister of the Marine and the colonies, to the Minister of the Interior at Rochefort.
I make known to you, citizen, that the government of the U. States of America has provisionally determined that all the vessels of that nation, before they proceed to sea, are bound to be furnished with a bill of health, making known the state of the port of departure and its neighbourhood.
The minister of the Marine and the colonies, to the Minister of the Interior at Rochefort.
I make known to you, citizen, that the government of the U. States of America has provisionally determined that all the vessels of that nation, before they proceed to sea, are bound to be furnished with a bill of health, making known the state of the port of departure and its neighbourhood.
This measure has for its object to secure American navigation from the delays which they have from time to time suffered in our ports from suspicions too lightly founded, and under this view it also interests the commerce of France. I send you herewith a printed copy of the patent or certificate which is to be delivered. This certificate is to be signed by the collector and naval officer, and is to be legalized by the commissary of commercial relations or consul of the power to the ports of which the vessel is bound, if there are any in the port of departure.
It is essential to remark, that in the United States there are no collectors but in the following ports, viz. Portsmouth, in New Hampshire; Newburyport, Salem, Beverly, Boston, Newport, Providence, New York, Philadelphia, Baltimore, Norfolk, Wilmington (N. C.) Charleston (S. C.) and Savannah. As these officers are at the head of the customs, they are only at the most important ports; in the others, there is only a naval officer; of course the certificate will only bear his signature. In those places where Lizarettes are established, the officers of health should also give their attestation. It is to be hoped that the Congress, in its approaching session, will make these certificates obligatory, and will pass laws relative to health. In consequence I invite you, citizen, to make this known to the administrators of the different ports in your department, and to require that they demand from every vessel coming from the United States this certificate, or the bill of health with which they ought to be furnished, and to regulate their admission into our ports conformably thereto, and to the laws established relative to health.
Decrees. A true copy, The Vice-Admiral, Marine Prefect, MARTIN.
Form of the certificate. United States of America, District of _____ To all who shall see these presents.
"We, the collectors and naval officer of the port of _____ by virtue of the presents certify and make known, that the captain, officers, sailors and passengers of the _____ named the _____ loaded with _____ and of which _____ is captain; and with the number of _____ officers, sailors and passengers ready to depart for the port of _____ or some other place beyond the sea, are all in good health. And we certify further, that in this port or its neighbourhood. Given under our hands, and the seal of the custom-house, the day of _____ and in the _____ year of the independence of the United States. A. B. C. D.
MARSHAL'S SALE.
By virtue of a writ of fieri facias issued out of the Circuit Court of the District of Columbia for the County of Washington to me directed, will be exposed to public sale on Saturday the 7th of August next, on the premises, the right title and interest of ANTHONY ADDISON to a parcel of land being part of a tract of land called Chichester, with additional recovered concerning about 200 acres, lying on the Eastern Branch below Naylor's Ferry, adjoining and below the lands conveyed in trust to William Brent by the said Addison, or to such of the said will be inchoate to satisfy an execution in favour of William Boyle, use of Samuel Bond. The sale to commence at 11 o'clock in the forenoon. The terms cash. DANIEL C. BRUNT, Marshal of District of Columbia. Washington, 14th July 1802.
Thomas Carpenter, TAYLOR.
Has just received an elegant and fashionable assortment of foreign goods, consisting of London superfine cloths and cambrics; India, Manchester, and the striped nankeens; cotton callicoes, baftes, bengal elegant white shawls for panjamas, white and coloured marbles, janes and plain cottons, overs, gingham, black and other coloured striped fabrics, &c. All which he will mark up on the most reasonable terms, and in the most neat and fashionable manner. Pennsylvania Avenue, well of the President's square. May 24, 1802.
Notice is hereby given,
To all whom it may concern, that I, NICHOLAS WHELAN, of the City of Washington, have obtained a power of attorney from my father Patrick Whelan, now in the City of Galway in Ireland, to collect all his debts and pay all his creditors here, and in general to do his business, as he himself could do in law or equity. This is to give notice, that such as will not come to me and settle their accounts with the aforesaid Patrick Whelan, the said I shall proceed to compel them as the law directs in such case. NICHOLAS WHELAN. July 12, 1802.