The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-03-21 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
No. 111
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLXXVII.
FIVE DOLLS. PER ANN.
MONDAY, MARCH 21st, 1803.
PAID IN ADVANCE.
Valuable Lands For Sale.
Will be sold to the highest bidder by the Executors of the late GEN. GEORGE WASHINGTON, the following tracts of Land, at the times and places hereafter mentioned, viz.
On the first Monday in April on the premises.
600 acres lying in Charles County in the State of Maryland near a place called the Fish Trap, about 16 miles above Port Tobacco.
On the 2d Monday in April on the premises.
519 acres in Montgomery county in the State of Maryland, in the neighbourhood of Frederick town, not far from Kettlerian.
On the 15th day of April at Charles Town.
453 acres in Jefferson county Virginia, about two miles west of Charles town, also, 240 acres lying in Hampshire county on Potomac river, about 12 miles above Bath.
On the 16th of April on the premises.
1600 acres in Jefferson county on the fourth fork of Bullskin.
On the 18th day of April on the premises.
183 acres in Jefferson county in Wormleys line.
On the 20th of April on the premises.
571 acres in Frederick county 11 1/2 miles south of Battle town.
On the 22d of April at Paris. 248 3/4 acres on Affley's, and 885 acres on Clatians run in Fauquier county.
One fourth of the amount of the purchase money to be paid down, and the balance in three annual instalments to be secured by a mortgage on the premises, and to carry interest from the day of sale.
THE EXECUTORS. Feb. 28. March 4—opt224.
ADVERTISEMENT.
On THURSDAY the twenty first day of April, if fair, if not the next fair day, will be exposed to sale on the premises, in the town of Alexandria, the following parcels of
LAND.
Late the property of John Fitzgerald, deceased, sold pursuant to the directions of his will for the payment of his debts, to wit:
ONE parcel of land lying upon the east side of Union-street, and to the northward of Wilkes-street, fronting seventy-eight feet upon Union-street, and extending about two hundred feet in the river, having an alley of twenty feet running the whole depth; upon it is erected a frame ware-house; the ground is subject to an annual rent of 91.17s. 6d. It will be sold altogether, or divided, to accommodate purchasers. One half of a brewery, with all the implements and utensils necessary for carrying on the business, upon a large scale, and a parcel of ground appertaining to it, fronting about forty feet on Water-street. The whole of the brewery and ground is now under a demise, at a rent of six hundred dollars per annum. A piece of ground immediately adjoining on the brewery, and fronting about forty feet on Water-street, and extending one hundred and fifty feet on a twenty feet alley. A piece of ground fronting on Wolfe and St. Asaph streets. This will be laid off into convenient Lots. A piece of ground lying upon the south side of King-street, extending 82 feet to a twelve feet alley—in the front is erected a two story brick dwelling house, and upon the alley a two story frame ware-house. A piece of ground lying upon Union and Wolfe streets, extending with Wolfe-street 62 feet and an half, with Union-street 120 feet. Upon this there are erected a large distillery, ware house and cooping-room. The improvements were calculated for carrying on that business upon an extensive scale; there are three stills in it. Not having been occupied for some time past, the property is something out of repair. The ground is subject to an annual rent of 431. 18s. 6d. There will be sold at the same time, a small tract of land contiguous to the town, containing 37 acres. This is subdivided, and will be sold in small parcels, containing from 4 to 6 acres. The sale will be continued till the whole is sold.
The terms of sale are one fourth of the purchase money in hand when deeds will be executed to the purchasers; one other fourth in six months after the sale; one other fourth in twelve months, and the remaining fourth in eighteen months; for securing these payments a deed of trust will be required upon the property conveyed from each purchaser for his part.
THOMAS A. DIGGS, JAMES KEITH, Acting Executors of John Fitzgerald. March 16. ept211.
PROPOSALS
Will be received by the Subscriber, until the 10th of April next, from the Cabinet makers within the district of Columbia.
FOR making thirty six Mahogany chair frames, and a number of Mahogany tables, for the use of the House of Representatives of the United States, to be delivered at the Capitol at such time as may hereafter be fixed on.
Such persons as incline to offer proposals may see patterns by which they will be enabled to make their estimates, by calling at the Capitol.—The estimates to be made for the first quality of work and the best materials.
THOMAS CLAXTON, Capitol Hill.
March 16, 1803. tawt10thA.
[By Authority.]
SEVENTH CONGRESS OF THE UNITED STATES; AT THE SECOND SESSION, Begun and held at the City of Washington, in the Territory of Columbia, on Monday, the sixth of December, one thousand eight hundred and two.
AN ACT
Concerning the Salt Springs on the waters of the Wabash River.
Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of procuring articles necessary to the establishment of salt works, at the springs near the Wabash river, which have been ceded to the United States, by certain Indian tribes, the sum of three thousand dollars be, and the same is hereby appropriated, to be paid out of any unappropriated money in the treasury, and under the direction of the President of the United States, who is hereby authorized to cause the said springs to be worked at the expence of the United States, or if he shall deem it more proper, to lease the same for a term not exceeding three years, on such conditions as will ensure the working the same the most extensively, and to the most advantage to the United States.
NATHL. MACON, Speaker of the House of Representatives. STEPHEN R. BRADLEY, President of the Senate, pro tempore. March 2, 1803.
APPROVED,
TH: JEFFERSON.
AN ACT
In addition to the act, intitled "An act concerning the registering and recording of ships and vessels of the United States;" and to the act, intitled "An act to regulate the collection of duties on imports and tonnage."
Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person shall knowingly make, utter, or publish any false sea letter, Mediterranean passport, or certificate of registry, or shall knowingly avail himself of any such Mediterranean passport, sea letter, or certificate of registry, he shall forfeit and pay a sum not exceeding five thousand dollars, to be recovered by action of debt, in the name of the United States, in any court of competent jurisdiction, and if an officer of the United States, he shall for ever thereafter be rendered incapable of holding any office of trust or profit, under the authority of the United States.
Sec. 2. And be it further enacted, That it shall be the duty of the controller of the treasury, to cause to be provided, blank certificates of registry, with such water and other secret marks as he may direct, which marks shall be made known only to the collectors and their deputies, and to the consuls or commercial agents of the United States; and from and after the thirty-first day of December next, no certificate of registry shall be issued, except such as shall have been provided and marked as aforesaid; and the ships or vessels of the United States, which shall have been duly registered as such, shall be entitled to new certificates of registry (gratis) in exchange for their old certificates of registry; And it shall be the duty of the respective collectors, on the departure of any such ship or vessel, after the said thirty-first day of December, from the district to which such ship or vessel shall belong, to issue a new certificate accordingly, and to retain and deface the former certificate.
Sec. 3. And be it further enacted, That when any ship or vessel, which has been, or which shall be re-registered pursuant to any law of the United States, shall whilst such ship or vessel is without the limits of the United States, be sold or transferred in whole or in part to a citizen or citizens of the United States, such ship or vessel on her first arrival in the United States thereafter shall be entitled to all the privileges and benefits of a ship or vessel of the United States; Provided, That all the requisites of law, in order to the registry of ships or vessels, shall be complied with, and a new certificate of registry obtained for such ship or vessel, within three days from the time at which the master or other person having the charge or command of such ship or vessel is required to make his final report upon her first arrival afterwards as aforesaid agreeably to the
thirtieth section of the act, passed on the second day of March, one thousand seven hundred and ninety-nine, entitled "An act to regulate the collection of duties on imports and tonnage." And it shall be lawful to pay to the collector of the district within which such ship or vessel may arrive as aforesaid, the duties imposed by law on the tonnage of such ship or vessel, at any time within three days from the time at which the master or other person having the charge or command of such ship or vessel, is required to make his final report as aforesaid, any thing to the contrary in any former law notwithstanding: Provided always, That nothing herein contained shall be construed to repeal or in any wise change the provisions, restrictions or limitations of any former act or acts, excepting so far as the same shall be repugnant to the provisions of this act.
Sec. 4. And be it further enacted, That the power vested in the Secretary of the Treasury, to remove disabilities incurred under the act to which this is a supplement, and under the act, intitled "An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same," shall extend to the remission of any foreign duties, which shall have been or shall be incurred by reason of such disabilities.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States and President of the Senate. March 2d, 1803. APPROVED, TH: JEFFERSON.
AN ACT
Concerning the City of Washington.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Superintendent of the city of Washington shall be, and he hereby is allowed as a compensation for his services, a salary of one thousand two hundred dollars, annually.
Sec. 2. And be it further enacted, That the surveyor of the city shall receive as a compensation for his services, an allowance of three dollars for every day during which he shall actually be employed.
Sec. 3. And be it further enacted, That the following sums be and the same hereby are appropriated for defraying the expence in relation to the said officers, that is to say:
For the salary of the Superintendent for the year one thousand eight hundred and three, including an allowance at the same rate for six months of the preceding year, one thousand eight hundred dollars:
For clerk hire in his office, five hundred dollars:
For the wages of the surveyor, one thousand dollars:
For a messenger to both offices, and also to attend the surveyor in the field, two hundred dollars:
For fuel, stationery and other continuing expenses of both offices, two hundred dollars.
Sec. 4. And be it further enacted, That the several appropriations herein before made, shall be paid and discharged out of any monies in the hands of the said Superintendent arising out of the city funds.
Sec. 5. And be it further enacted, That a sum not exceeding fifty thousand dollars, shall be and is hereby appropriated, to be applied under the direction of the President of the United States, in such repairs or alterations in the capitol and other public buildings as may be necessary for the accommodation of Congress in their future sessions, and also for keeping in repair the highway between the capitol and other public buildings; which sum shall be paid out of any money in the treasury of the United States not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives. STEPHEN R. BRADLEY, President of the Senate pro tempore. March 2d, 1803. APPROVED, TH: JEFFERSON.
AN ACT
To revive and continue in force, an act in addition to an act, intitled, "An act in addition to an act regulating the grants of land appropriated for Military services and for the Society of the United Brethren for propagating the gospel among the Heathen;" and for other purposes.
BE it enacted by the Senate and House of Representatives of the United States
of America, in Congress assembled, That the first section of an act in addition to an act, intitled "An act in addition to an act regulating the grants of land appropriated for Military services, and for the Society of the United Brethren for propagating the gospel among the Heathen," approved the twenty sixth of April, eighteen hundred and two, be, and the same is hereby revived and continued in force until the first day of April next.
Sec. 2. And be it further enacted, That the Secretary of War be, and he hereby is authorized, from and after the first day of April next, to issue warrants for Military bounty lands to the two hundred and fifty four persons who have exhibited their claims, and produced satisfactory evidence to substantiate the same, to the Secretary of War, in pursuance of the act of the twenty sixth of April eighteen hundred and two, intitled "An act in addition to an act regulating the grants of land appropriated for Military services and for the Society of the United Brethren for propagating the gospel among the Heathen."
Sec. 3. And be it further enacted, That the holders or proprietors of the land warrants issued by virtue of the preceding section, shall and may locate their respective warrants only, on any unlocated parts of the fifty quarter townships and the fractional quarter townships which had been reserved for original holders, by virtue of the fifth section of an act intitled "An act in addition to an act intitled, An act regulating the grants of land appropriated for Military services, and for the Society of the United Brethren for propagating the gospel among the Heathen."
Sec. 4. And be it further enacted, That the Secretary of War be, and he hereby is authorized to issue land warrants to Major General La Fayette, for eleven thousand five hundred twenty acres, which shall at his option, be located, surveyed and patented, in conformity with the provisions of an act intitled an act regulating the grants of land appropriated for Military services, and for the Society of the United Brethren for propagating the gospel among the Heathen, or which may be received acre for acre, in payment for any of the lands of the United States North of the river Ohio, and above the mouth of Kentucky river.
Sec. 5. And be it further enacted, That all the unappropriated lands within the Military tract, shall be surveyed into half sections, in the manner directed by the act intitled "An act to amend the act intitled an act providing for the sale of the lands of the United States in the Territory North-West of the Ohio, and above the mouth of Kentucky river;" and that so much of the said lands as lie West of the Eleventh Range within the said tract, shall be attached to, and made a part of the district of Chillicothe, and be offered for sale at that place, under the same regulations that other lands are within the said district.
Sec. 6. And be it further enacted, That the lands within the said eleventh Range, and East of it, within the said Military tract, and all the lands North of the Ohio Company's purchase west of the Seventh Range, and East of the district of Chillicothe, shall be offered for sale at Zaneville, under the direction of a Register of the Land Office and receiver of public monies to be appointed for that purpose, who shall reside at that place, and shall perform the same duties and be allowed the same emoluments as are prescribed for and allowed to Registers and receivers of the Land Offices by law.
Sec. 7. And be it further enacted, That all persons who have obtained certificates for the right of pre-emption to lands by virtue of two acts, the one intitled an act giving a right of pre-emption to certain persons who have contracted with John Cleves Symmes, or his associates for lands lying between the Miami rivers in the territory of the United States north-west of the Ohio, and the other "An act to extend and continue the provisions of the said act, passed on the first day of May, eighteen hundred and two, and who have not made the full payment therefor, before the first day of January last, shall be allowed until the tenth day of April next to complete the same; and that all persons who have become purchasers of land by virtue of the aforesaid acts, be, and they are hereby allowed until the first day of January, eighteen hundred and five, to make the second instalment, until the first day of January, eighteen hundred and six, to make their third instalment, and until the first day of January eighteen hundred and seven to make their fourth and
last instalment; any thing in the acts aforesaid, to the contrary notwithstanding.
Sec. 8. And be it further enacted, That where any warrants granted by the State of Virginia, for Military services, have been surveyed on the north-west side of the river Ohio, between the Sciota and the little Miami rivers, and the said warrants, or the plats and certificates of survey made thereon, have been lost or destroyed, the persons entitled to the said land may obtain a patent therefor, by producing a certified duplicate of the warrant from the Land Office of Virginia, or of the plat and certificate of survey from the office of the surveyor in which the same was recorded, and giving satisfactory proof to the Secretary of War, by his affidavit, or otherwise, of the loss or defalcation of said warrant, or plat and certificate of survey.
NATHL. MACON, Speaker of the House of Representatives. STEPHEN R. BRADLEY, President of the Senate pro tempore. March 3, 1803. APPROVED, TH: JEFFERSON.
Congress of the United States.
HOUSE OF REPRESENTATIVES.
DEBATE ON MR. GRISWOLD'S motion to appoint a Committee to examine the Report of the Commissioners of the Sinking Fund.
[CONCLUDED.]
WEDNESDAY, March 2.
Mr. S. Smith said there was nothing in which gentlemen would be more frequently or grossly mistaken than in taking up accounts of the nature of those before the House, and attempting hastily to judge on them. It is to be regretted, that this enquiry was not earlier brought forward, when it might have resulted in a fair decision drawn from a full view of the subject. But when as so late an hour, the gentleman has been so to bring forward his motion, and when the documents on which we decide, are packed up in our trunks, it will not be extraordinary that I am unable to follow him. But for one or two remarks of the gentleman, I should not have thought it necessary to make the least reply. My only astonishment is that the gentleman from Virginia (Mr. Randolph) and my colleague (Mr. Nicholson) have been able off hand to answer so effectually the objections that have been raised.
The gentleman says the Commissioners ought not to have given us an estimate, when they could have stated the precise sums disbursed. So far as they could furnish a statement of precise sums they have done it. But in some cases they could not, as the thing was impossible. The Commissioners say "that besides the above mentioned reimbursements and payments, there remained at the close of the year 1802, exclusively of the amount of sundry protested bills still outstanding and of unexpended balances in the hands of agents, an unapplied balance, estimated at guilders 5,914,600 applicable, &c." If they had estimated at dollars, the objection might hold; but they say guilders. These are purchased in bills of exchange on Amsterdam—and so far they are explicit;—or bills are bought on London in sterling money, and the proceeds of those bills are to be laid out in the purchase of bills on Amsterdam, which are in guilders, and which can only be rated by estimate. This part of the business, then, can only be ascertained by calculation; and where is the injury? At the next session, what is now an estimate will be a precise statement. So much for this objection. The Commissioners were not competent to furnish any other than an estimate.
The gentleman further observes that the names of those to whom the bills have been sold ought to have been brought forward, to enable gentlemen to determine whether in these transactions there has not been some favoritism. But at this time, this would be highly improper. The first time will come at the next session of Congress.
The gentleman has taken a retrospective view of the payments made by the Commissioners of the Sinking Fund respecting the foreign debts. To remit the instalments, as they became due, has always been attended with great difficulty. Mr. Wolcott a former Secretary of the Treasury, found it, in his time, extremely difficult to remit to Amsterdam,

He did me the honor to converse with me on the subject. I pointed out a mode, which he adopted. He was able to buy bills on London, but not on Amsterdam; but to have done this would have been a losing game. The merchants brought to him a cargo which, it was estimated, would in Amsterdam, produce a certain sum. He agreed to advance two thirds of this sum on the merchants consigning the property to our agent at Amsterdam; and to pay the remaining third on receiving advice that the amount of debt, contracted to be paid, was discharged. Could the Secretary have spent the amount of this money in Amsterdam? Nobody ever doubted of the transaction being a proper one. There was then a confidence in the government; and there must still be a confidence in the government.
Subsequent to that period, the trade to Amsterdam has increased in consequence of the war, by which our merchants, who have debts there to pay, are enabled to buy bills. But on the cessation of hostilities this facility in a great measure ceased. Another mode, therefore, was to be pursued, to make the necessary remittance for the payment of the public debt. In the year 1802 the Secretary found it difficult to remit; he was asked 42 cents per guilder; for the merchants, and my house among the rest held out; they thought they had the Secretary in their power, knowing that he must at all events remit to a large amount; and they would have got the better of him, for his judicious sale of the Bank Shares. He thereby compelled us to sell out, and saved to the United States 59,000 dollars; and compelled the merchants to sell for 41 cents the guilder. If he had not done so, I should have got 42 cents a guilder for my bills—for that was the proportion that bills on Amsterdam then bore to bills on London. But by taking the demand from the market, he reduced their value.
Since the beginning of the year 1803, one million nine hundred thousand dollars have been required to be remitted to Holland. The Secretary again found difficulty from the high exchange required. I understand that he has made a judicious contract, and with gentlemen who are not favorites—a contract which I should not have been willing to make; by which means he has been enabled to obtain exchange at 41 cents the guilder. It is true, the merchant gets the money now, and makes the payment in September. He appears, at first view, to gain the interest for the intervening period, but this is not the fact, as he loses the bills proportionally lower; and government loses nothing, as the money, if remitted, would lie useless in Holland. In all this there is no favor shown. For the Secretary places his terms in the banks, and every merchant of credit may buy; all, who have the means, may participate; it is an affair of public notoriety.
Mr. Smith concluded by observing, that though this subject had never before come to his view, he had thought it best to throw out those few remarks in answer to the gentleman from Connecticut.
Mr. Griswold. It would not have been necessary to answer the remarks made by gentlemen, but for the imputation cast upon the time at which this resolution has been offered. I did think the gentleman from Virginia (Mr. Randolph) would have done me the justice to state to the house my conduct on this occasion. That gentleman will not deny that on the day the report of the Commissioners of the Sinking Fund was referred, I spoke to him, and that on the day after, I gave him my objections in writing, that he might converse with the Secretary of the Treasury. Some days after I showed him this resolution, and at his instance struck out one word.
Mr. Randolph asked what word. Mr. Griswold replied the words "in fact." I am therefore not liable to the charge of attempting to surprise gentlemen. I have tried, without success, to offer the resolution for several days past. Yesterday I attempted it, but the gentleman from Maryland objected, and the house went to other business.
Since I am up, I will call the attention of the house to some of the remarks offered by gentlemen on the observations which I had the honor to submit.
In reply to my first objection that the Commissioners have not applied in the year the sum of 7,300,000 dollars, they ground themselves on two principles. They consider the Commissioners as having a right to consider the proceeds of the Bank Shares as forming a part; and they contend, in the next place, that a part of the remittances made to Holland are intended to meet installments becoming due in the year 1803. These two points I shall consider distinctly.
And first with respect to the Bank Stock, I want nothing but the report of the Commissioners to show there can be no pretensions to the first argument gentlemen use.
The Commissioners say they have received certain sums: And how?
"From the funds appropriated by the 1st section of the "act for the redemption of the whole of
the public debt"—viz. "From the fund arising from interest on the domestic debt transferred to the Commissioners of the Sinking Fund, as per statement herewith for 1802, 326,449 92
"From the fund arising from payments into the treasury of debts which originated under the late government, 888 79
"From the fund arising from dividends on the Capital Stock, which belonged to the U. States in the Bank of said states from 1 July 1801, to 31 Dec. following, 23,960
"From the fund arising from the sales of public lands, being the amount of monies paid into the Treasury in the year 1802, 179,575 52
"From the proceeds of duties on goods, wares, and merchandise imported, and on the tonnage of ships or vessels, 6,759,125 77
Making in the whole the annual appropriation by law for the year 1802, under the act aforementioned, 7,300,000
What do they say to the proceeds of Bank Shares? Do they pretend that they have a right to it?
They further observe that these have been applied to the re-embursement of temporary loans obtained of the Bank of the United States.—From what fund? From the 7,300,000 dollars? No.—From the proceeds of 2,220 shares of Bank Stock."
This, I think, is a sufficient answer to this part of the remarks of gentlemen.
In the second place, gentlemen say, the Commissioners had a right to remit money in 1802, to meet the installments of 1803. I admit, if to take the money entitles them to it; they had the right, and that if they had a right to avail themselves of the remittances for 1803, they have laid out the seven millions three hundred thousand dollars.
But how do they make this right out? What says the law? By it they as well as we are bound. It words can be plain, the words of that law are plain. The first section of the act of the last session provides for the annual appropriation of seven millions three hundred thousand dollars to the payment of the debt.
The second section directs the Secretary of the Treasury to pay, in each year, to the commissioners the sum of 7,300,000 dollars.
The third section provides how this sum shall be applied; and says "it shall be the duty of the said Commissioners to cause to be applied and paid out of the said fund, yearly and every year, at the treasury of the United States, the several and respective sums following," &c.
They are here directed to apply these sums yearly and every year. I ask, have they done it? Is making a remittance to meet installments becoming due the next year, or six years hence, applying this fund to this year? If that is deemed paying the debt, I can only say there is nothing like it in the law—it only enables the Commissioners to draw the seven millions three hundred thousand dollars out of the treasury, and not to keep it in their own hands, and say we mean to apply it six years hence. I contend, therefore, that this is no answer; and that under this view of the subject, the Commissioners may have received the annual appropriation without having applied it. I have no idea of criminalizing the Commissioners. A new report may explain all these difficulties. But I do contend, that according to this report, they have not applied in the year 1802 the whole seven millions three hundred thousand dollars appropriated.
But gentlemen say, it is impossible for them, and they are not obliged to account for the application of the whole amount; that from the nature of the debt due in Holland, part of the money must be remitted in the year preceding that in which it is due; and that if the whole were paid in one year, there would not remain enough for the succeeding year.
Mr. Nicholson said he had observed no such thing; he had said the Commissioners had power to draw for the ensuing year, but that it rested with the Secretary of the Treasury, according to the state of the treasury, to admit their drafts.
Mr. Griswold—Gentlemen then contend that the Commissioners had only a right in the first instance to draw 7,300,000 dollars; but that the proviso directs the Secretary to make the necessary advances. Will it then be pretended that there was not money enough in the treasury to pay the 7,300,000 dollars, and to provide for the necessary remittances? What says the report? Why, that four millions and a half lie dead in the treasury. In these circumstances would the Secretary dare, under this proviso, to refuse to allow drafts for the necessary remittances? There was money enough; and the Commissioners might have drawn a much larger sum than they actually have drawn. The argument therefore falls.
But gentlemen say, that by the law of the last session, the Commissioners are not obliged to apply 7,300,000 dollars in the year 1802; but that they have a right to compute the year from April 1802. I desire here, again, nothing but the report to shew the fallacy of this argument. The report itself says they have received the whole appropriations for 1802. Why? Because the expression of the law requiring the payment either every year, clearly means the year for which the accounts are made up.
To account for the deficiency of 114,000 dollars, the gentleman from Maryland (Mr. Nicholson) has stated certain items, which, if admitted, will reduce the sum unaccounted for. I did not contend that the Commissioners could not account for this balance; but only that they had not accounted for it. The gentleman, however, is mistaken in his calculations. The first item to which he alludes, is that of 7,994 dollars on account of debts due to foreign officers, and 14,996 on account of certain parts of the domestic debt. But I beg leave to inform the gentleman that no part of these two sums appear to have been paid. They are not stated on account of payments made; but only as disbursements from the treasury.
The gentleman considers the Commissioners in stating the guilders remitted right in making an estimate. Now, if on examining their report, it will appear that this transaction had nothing to do with the bankers in Amsterdam, the observation of the gentleman falls. The report says "that besides the above mentioned re-embursements and payments, there remained at the close of the year 1802, exclusively of the amount of fundry protracted bills still outstanding and of unexpended balances in the hands of agents, an unapplied balance estimated at 5,914,606 guilders," &c. —Of monies in the hands of bankers? No. Of remittances purchased and paid for.—Have not the Commissioners an account of this?
Mr. Randolph here said it was extremely disagreeable to him to interrupt the gentleman. But he must be permitted to observe that the date of the report was the 5th of February 1803—Was it then reasonable to suppose that the treasury department had received from its agents, who were scattered from Savannah to Portland, an account of every bill purchased antecedent to the 1st of January, and that the books of those agents should be then fully settled and balanced? Could it be expected that any more than an estimate should be exhibited?
Mr. Griswold begged the gentleman from Virginia to refer to the report, by which it would appear that the sum of 5,914,606 guilders was exclusively of money in the hands of agents, and that it consisted of money remitted. Of this sum the Commissioners could and ought to have rendered a particular account.
The gentleman from Maryland (Mr. S. Smith) has mentioned the sale of the Bank Stock. I did not expect this circumstance would have been mentioned, as it has nothing to do with the subject now before us. I did hope that respecting that transaction an enquiry would have been made. I did believe the sale to be unwarranted by law, and to have involved a large sacrifice of public property. But this transaction has nothing to do with the resolution before us, and I have only made these observations in reply to the gentleman from Maryland to show that I neither subscribe to the prudence, legality or goodness of the sale.
With regard to any application of my remarks to individuals, I can only say I know nothing. I am not in the secrets of the treasury; but I do know, that if there should be a disposition to accommodate friends, it may be done in the disbursement of so large a sum as ten millions of dollars.
The question was then taken by yeas and nays, on agreeing to Mr. Griswold's resolution, and carried unanimously in the affirmative.
NOTICE.
The Creditors of James Robinson, late of Washington county, deceased, are hereby notified that the subscriber has now in hands a considerable sum of money as assets of the said deceased, and that he will make a distribution of the same among such of the creditors as will attend for such purpose, with proper vouchers, on the second Tuesday in April next, at Rhodes's Hotel, in the city of Washington, at 11 o'clock A. M.
LEWIN TALBURT, Administrator. March 21. ep3t
NEW ORLEANS.
JUST PUBLISHED, AT DUANE'S BOOK STORE, Pennsylvania Avenue, At Rapine and Conrad's, Capitol Hill and at John March's, George Town, THE Mississippi Question Fairly STATED, And the Views and Arguments of those who clamor for war, examined.—Price 25 cents. March 2.
MANDAMUS.
Supreme Court of United States, February term, 1803.
William Marbury vs. James Madison, Secretary of State of the United States.
OPINION OF THE COURT.
[CONTINUED.]
SOME point of time must be taken when the power of the executive over an officer, not removable at his will, must cease. That point of time must be when the constitutional power of appointment has been exercised. And this power has been exercised when the last act, required from the person possessing the power, has been performed—This last act is the signature of the commission. This idea seems to have prevailed with the legislature, when the act passed converting the department of foreign affairs into the department of state. By that act it is enacted, that the Secretary of State shall keep the seal of the United States, and shall make out and record, and shall affix the said seal to all civil commissions to officers of the United States, to be appointed by the President: Provided that the said seal shall not be affixed to any commission, before the same shall have been signed by the President of the United States; nor to any other instrument or act, without the special warrant of the President therefor.
The signature is a warrant for affixing the great seal to the commission; and the great seal is only to be affixed to an instrument which is complete. It attests, by an act supposed to be of public notoriety, the verity of the President's signature.
It is never to be affixed till the commission is signed, because the signature, which gives force and effect to the commission, is conclusive evidence that the appointment is made.
The commission being signed, the subsequent duty of the Secretary of State is prescribed by law, and not to be guided by the will of the President. He is to affix the seal of the United States to the commission, and is to record it.
This is not a proceeding which may be varied, if the judgment of the executive shall suggest one more eligible; but is a precise course accurately marked out by law, and is to be strictly pursued. It is the duty of the Secretary of State to conform to the law, and in this he is an officer of the United States, bound to obey the laws. He acts, in this respect, as has been very properly stated at the bar, under the authority of law, and not by the instructions of the President. It is a ministerial act which the law enjoins on a particular officer for a particular purpose.
If it should be supposed, that the solemnity of affixing the seal, is necessary not only to the validity of the commission, but even to the completion of an appointment, still when the seal is affixed the appointment is made, and the commission is valid. No other solemnity is required by law; no other act is to be performed on the part of Government. All that the executive can do to invest the person with his office, is done; and unless the appointment be then made, the executive cannot make one without the co-operation of others.
After searching anxiously for the principles on which a contrary opinion may be supported, none have been found which appear of sufficient force to maintain the opposite doctrine.
Such as the imagination of the Court could suggest, have been very deliberately examined, and after allowing them all the weight which it appears possible to give them, they do not shake the opinion which has been formed.
In considering this question, it has been conjured that the commission may have been assimilated to a deed, to the validity of which delivery is essential.
This idea is founded on the supposition that the commission is not merely evidence of an appointment, but is itself the actual appointment—a supposition by no means unquestionable. But for the purpose of examining this objection fairly, let it be conceded, that the principle, claimed for its support, is established.
The appointment being, under the constitution, to be made by the President personally, the delivery of the deed of appointment, if necessary to its completion, must be made by the President also. It is not necessary that the delivery should be made personally to the grantee of the office: It never is so made. The law would seem to contemplate that it should be made to the Secretary of State, since it directs the Secretary to affix the seal to the commission after it shall have been signed by the President. If then the act of delivery be necessary to give validity to the commission, it has been delivered when executed and given to the Secretary for the purpose of being sealed, recorded and transmitted to the party.
But in all cases of letters patent, certain solemnities are required by law,
which solemnities are the evidences of the validity of the instrument. A formal delivery to the person is not among them. In cases of commissions the sign manual of the President, and the seal of the United States, are these solemnities. This objection therefore does not touch the case.
It has also occurred as possible, and barely possible, that the transmission of the commission, and the acceptance thereof, might be deemed necessary to complete the right of the plaintiff.
The transmission of the commission, is a practice directed by convenience, but not by law. It cannot therefore be necessary to constitute the appointment which must precede it, and which is the mere act of the President. If the executive required that every person appointed to an office, should himself take means to procure his commission, the appointment would not be the less valid on that account. The appointment is the sole act of the President; the transmission of the commission is the sole act of the officer to whom that duty is assigned, and may be accelerated or retarded by circumstances which can have no influence on the appointment. A commission is transmitted to a person already appointed; not to a person to be appointed or not, as the letter enclosing the commission should happen to get into the post office and reach him in safety, or to misarry.
It may have some tendency to elucidate this point, to enquire, whether the possession of the original commission be indispensably necessary to authorise a person, appointed to any office, to perform the duties of that office. If it was necessary, then a loss of the commission would lose the office. Not only negligence, but accident or fraud, fire or theft, might deprive an individual of his office. In such a case, I presume it could not be doubted, but that a copy from the record of the office of the Secretary of State, would be, to every intent and purpose, equal to the original. The act of Congress has expressly made it so. To give that copy validity, it would not be necessary to prove that the original had been transmitted and afterwards lost. The copy would be complete evidence that the original had existed and that the appointment had been made, but not that the original had been transmitted. If indeed it should appear that the original had been mislaid in the office of State, that circumstance would not affect the operation of the copy. When all the requisites have been performed which authorise a recording officer to record any instrument whatever, and the order for that purpose has been given, the instrument is, in law, considered as recorded, altho' the manual labour of inserting it in a book kept for that purpose may not have been performed.
In the case of commissions, the law orders the Secretary of State to record them. When therefore they are signed and sealed, the order for their being recorded is given; and whether inserted in a book or not, they are in law recorded.
A copy of this record is declared equal to the original, and the fees, to be paid by a person requiring a copy, are ascertained by law. Can a keeper of a public record, erase therefrom a commission which has been recorded? Or can he refuse a copy thereof to a person demanding it on the terms prescribed by law?
Such a copy would, equally with the original authorise the justice of peace to proceed in the performance of his duty, because it would, equally with the original, attest his appointment.
If the transmission of a commission be not considered as necessary to give validity to an appointment; still less is its acceptance. The appointment is the sole act of the President; the acceptance is the sole act of the officer, and is, in plain common sense, posterior to the appointment. As he may resign, so may he refuse to accept; but neither the one, nor the other, is capable of rendering the appointment a non-entity.
That this is the understanding of the Government, is apparent from the whole tenor of its conduct.
A commission bears date, and the salary of the officer commences from his appointment; not from the transmission or acceptance of his commission. When a person, appointed to any office, refuses to accept that office, the successor is nominated in the place of the person who has declined to accept, and not in the place of the person who had been previously in office, and had created the original vacancy.
It is therefore decidedly the opinion of the court, that when a commission has been signed by the President, the appointment is made; and that the commission is complete, when the seal of the United States has been affixed to it by the Secretary of State.
Where an officer is removable at the will of the executive, the circumstance which completes his appointment is of no concern; because the act is at any time revocable; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, the appointment is not revocable, and cannot be annulled.

It has conferred legal rights which cannot be resumed.
The discretion of the executive is to be exercised until the appointment has been made. But having once made the appointment, his power over the office is terminated in all cases, where, by law, the officer is not removable by him. The right to the office is then in the person appointed, and he has the absolute, unconditional power of accepting or rejecting it.
Mr. Marbury, then, since his commission was signed by the President, and sealed by the Secretary of State, was appointed; and as the law creating the office, gave the officer a right to hold for five years, independent of the executive, the appointment was not revocable; but vested in the officer legal rights, which are protected by the laws of his country.
To withhold his commission, therefore, is an act, deemed by the court not warranted by law, but violative of vested legal right.
This brings us to the second enquiry; which is,
2dly. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection. In Great Britain the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgement of his court.
In the 31 vol. of his commentaries, p. 23. Blackstone states two cases, in which a remedy is afforded by mere operation of law.
'In all other cases,' he says, 'it is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded.'
And afterwards, p. 109 of the same vol. he says, 'I am next to consider such injuries as are cognizable by the courts of the common law. And here in I shall for the present only remark, that all possible injuries whatsoever, that did not fall within the ecclesiastical, military, or maritime tribunals, are for that very reason, within the cognizance of the common law courts of justice; for it is a settled and inviolable principle in the laws of England, that every right when withheld, must have a remedy, and every injury its proper redress.'
The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
If this obliquity is to be cast on the jurisprudence of our country, it must arise from the peculiar character of the case.
It behooves us then to enquire whether there be in its composition any ingredient which shall exempt it from legal investigation, or exclude the injured party from legal redress. In pursuing this enquiry, the first question which presents itself, is, whether this can be arranged with that class of cases which come under the description of damnum absque injuria —a loss without an injury.
This description of cases never has been considered, and it is believed, never can be considered, as comprehending offences of truth, or honor or of profit. The office of justice of peace in the district of Columbia is such an office; it is therefore worthy of the attention and guardianship of the laws. It has received that attention and guardianship. It has been created by special act of Congress, and has been secured, so far as the laws can give security, to the person appointed to fill it, for five years. It is not then on account of the worthless acts of the thing pursued, that the injured party can be adjudged to be without remedy.
Is it in the nature of the transaction? Is the act of delivering or withholding a commission to be considered as a mere political act, belonging to the executive department alone, for the performance of which, entire confidence is placed by our constitution in the supreme executive; and for any misconduct respecting which, the injured individual has no remedy.
That there may be such cases is not to be questioned; but that every act of duty, to be performed in any of the great departments of government, constitutes such a case, is not to be admitted.
By the act concerning invalids, passed in June, 1794, vol. 3. p. 112, the Secretary at War is ordered to place, on the pension list, all persons whose names are contained in a report previously made by him to Congress. If he should refuse to do so, would the wounded veteran be without remedy? Is it to be contended that where the law in precise terms, directs the performance of an act, in which an individual is interested, that the law is incapable of securing obedience to its mandate? Is it on account of the character of the person against whom the complaint is made? Is it to be contended that the heads of departments are not amenable to the laws of their country?
Whatever the practice on particular
occasions may be, the theory of this principle will certainly never be maintained. No act of the legislature confers an extraordinary privilege, nor can it derive countenance from the doctrines of the common law. After stating that personal injury from the king to a subject is presumed to be impossible, Blackstone, vol. 3. page 253, 'but injuries to the rights of property can scarcely be committed by the crown without the intervention of his officers; for whom, the law, in matters of right, entertains no respect or delicacy; but furnishes various methods of detecting the errors and misconduct of those agents, by whom the king has been deceived and induced to do a temporary injustice.'
By the act passed in 1796, authorizing the sale of the lands above the mouth of Kentucky river (vol. 3. p. 299) the purchaser, on paying his purchase money, becomes completely entitled to the property purchased; and on producing to the Secretary of State, the receipt of the treasury upon a certificate required by the law, the president of the United States is authorized to grant him a patent. It is further enacted that all patents shall be countersigned by the Secretary of State, and recorded in his office. If the Secretary of State should refuse to withhold this patent; or the patent being lost, should refuse a copy of it; can it be imagined that the law furnishes to the injured person no remedy?
It is not believed that any person whatever would attempt to maintain such a proposition.
It follows then that the question whether the legality of an act of the head of a department be examinable in court of justice or not, must always depend on the nature of that act.
If some acts be examinable, and others not, there must be some rule of law to guide the court in the exercise of its jurisdiction.
In some instances there may be difficulty in applying the rule to particular cases; but there cannot, it is believed be much difficulty in laying down the rule.
(To be Continued.)
Twenty Dollars Reward.
Lost on Thursday afternoon, A RED MOROCCO POCKET-BOOK, IN which were several Notes of the Bank of Discount and Deposit, Washington, and one twenty dollar Manhattan Bank Note, besides sundry papers, valuable only to the owner. It was lost between the Capitol and the lower Ferry, over the Eastern branch. The above reward will be given for returning it to its former owner.
THOMAS CARPENTER. City of Washington, March 21, 1803.
THE ARABIAN HORSE. THE DEY OF ALGIERS.
WILL. B. from this season at Mount Air, near Pilestaway in Maryland, and will cover at Forty Dollars the season, and one Dollar to the Groom (commencing the 10th of March, and to end the 1st of August) the money to be sent with the Maree.
This beautiful animal was brought from Arabia, in the year '98, as four years old, by the late grand Bailiff Fromm of Prussia, into that kingdom, and was purchased at the sale of the Bailiff's Stud, after his death, at Pilestaway in '99 by Lieutenant General Frederick Baron of Diemar, by whom he was sent to Hamburg to Col. Swan, whence he was by that gentleman shipped to America; to attest which, and to prove him to be a genuine Arabian horse, original certificates are in my hands, and may at all times be seen.
The Dey is of full stature for his race; he measures exactly fourteen hands two inches and an half. His color is nearly white, with a few brown spots dished over his neck and shoulders. In figure and bone, it is believed he will stand the test of the best judgment. He is only eight years old the coming Spring. He is of fine presence and carriage, and remarkably vigorous and active.
I have excellent and extensive pasturage well fenced, adjoining the stand, at 50 cents per week. Great care shall be taken of mares, and every justice done them with the horse—but I will be answerable for no accidents or escapes. If gentlemen at a distance choose to send servants with their mares, they shall be provided for on reasonable terms.
EDWARD EDELIN. March 21. 1803w
In the case of RICHARD WILSON, AN INSOLVENT DEBTOR.
IT is ordered that three months from and after the fifth day of April next, be limited and appointed for the creditors, to bring in and exhibit their claims to the Trustee, and that a copy of this order be published, once in each week, until the first day of July next in the National Intelligencer, and the Washington Federalist.
Copy Test. URIAH FORREST, Clerk Of the Circuit Court of the District of Columbia, for the County of Washington.
ALL persons indebted to the above insolvent debtor, are notified to pay the same, and all creditors thereof, will exhibit their claims to THOMAS CARPENTER. Trustee to the estate of Richard Wilson. March 21, 1803.
FOR SALE.
A Blacksmith, who is a prime workman, and his WIFE, an excellent Washer and Ironer. Enquire of the Printer. Feb. 21. 7t.
WASHINGTON CITY.
MONDAY, March 21, 1803.
Though two weeks have elapsed since Congress terminated its sittings, much interesting matter remains to be noticed beside that already published. Some of the most interesting debates of the session, including the animated discussions in the Senate respecting the Mississippi, will be presented at an early day, with a number of important state papers, the length of which has hitherto prevented their insertion. A complete unbroken detail of the proceedings of the session shall always be given in this paper.
The votes of 13 towns in New-Hampshire for Governor, give Mr. Gilman 1387—Mr. Langdon 1273. There is the greatest probability that Mr. Gilman is re-elected.
It has long been an important object with the United States to obtain a peace regulation in Portugal admitting our flour into its markets. We have now the pleasure of publishing official information of such regulations on the subject, for which, it is believed that much credit is due to the judicious representations and strenuous exertions of Mr. Jarvis, the American Consul at Lisbon.
It is understood that a small duty is laid on flour; but the difference between that and the tax on wheat in the corn market is computed at 30 cents only more on a barrel of flour than is paid on five bushels of Wheat.
HAVING carried to the august presence of the Prince Regent, my matter, the last office that you directed to me, relative to the introduction of flours coming from the ports of the U. States of America; and H. R. H. willing to facilitate as much as can be compatible with the protection with which we promote the culture of this kingdom, and the industry of our subjects, the exportation of articles of the product of the territory of the United States of America, in the certainty that the articles of the production of the Portuguese territory will equally be favored by the United States of America, H. R. H. was pleased to command to expedite the necessary orders, that foreign flour may be admitted into this kingdom, paying the duty of forty reis per alquier; which I have the honor to participate to you for your intelligence, and that you may make from this communication the use that you think convenient. God guard you. Palace of Samora, 7th February, 1803.
Your very assured servant, (Signed) D. João de Almeida de Mello de Castro. Mr. W. JARVIS.
The following is the official order, removing the late severe quarantine regulations imposed in Portugal.
D. João de Almeida de Mello de Castro, offers his compliments to Mr. William Jarvis, and has the satisfaction to communicate to him, that in consequence of the news received by this Court, his Royal Highness the Prince Regent his Mother, was pleased to direct the expediting the necessary orders, that all vessels that may arrive from the ports of the United States of America, should be immediately admitted to use; and a free entry of all the articles they may bring on board; if not any figures appear in their crews and in their bills of health, or any contagious disorder. Palace of Samora, February 8th, 1803.
An act has passed the legislature of New-York, changing certain provisions of the incorporation of the city of New-York: The most important alteration is that, which in correspondence with our political institutions, extends the right of suffrage for aldermen and members of the common council.
Judge Kent, a member of the council of revision, and a firm federalist, has declared these alterations UNCONSTITUTIONAL; and has attempted to establish the absolute inviolability of charters!
The following is a protest of General Knox, a member of the Massachusetts legislature, against the act incorporating a new Bank in that state. Though, in our opinion, the protest does not take the ground, yet we believe the opposition to the participation of government in private pursuits is very correct. The subject claims much attention; and the effects of such interferences ought to be fully exposed. Whatever temporary good they may do, it is the conviction of the writer of this article, founded on much reflection, that they are infractive of the characteristic principles of our polity, and will be productive of great ultimate injury.
PROTEST.
The subscriber begs leave to dissent and protest against that section of the act incorporating the Bolton Bank, which
makes the Commonwealth partners with a banking company, for the following reasons:—
1st. Because the measure tends to impair the confidence, in the impartiality and purity of a republican government. Preferences will be given by the commonwealth to its partners, and the natural consequence will probably follow, that new institutions will be frowned upon, and denied, by future legislatures, on the ground of diminishing the profits of monopoly of which the commonwealth participates.
2d. Because the measure discovers and establishes a spirit of avarice in the sources of the government. The extension of this spirit must debilitate the elevated tone of patriotism and vigour of mind, which alone can continue a Republic. It exhibits the desire of obtaining, by a sort of money brokerage, more than 6 per centum interest, established by the laws. Government sharing this disposition, will of course excite the same desire in individuals. A character of avarice and usury thus fixed, will blast the fairest hopes of freedom, ever opened to the view of the human race.
3d. That a reduction of the interest of money to five or four per centum would give animation and vigour to the agriculture, manufactures and commerce of our country. That, on the contrary, the raising the interest of money, by establishing a monopoly of banks, by contract with the government, is injurious to the public prosperity, and must inevitably fix imputations, degrading to a free government.
4th. Because the legislature have imposed on their partners, a species of paper, the principal of which must remain inert and incapable of use and activity, or of transfer, contrary to the true spirit of banking principles—while this nominal capital appears to encrease the solidity of the bank, it adds disease and debility to its operations. The act of incorporation provides that the bank shall never owe more than double the amount of its capital stock, actually existing in their vaults in gold and silver—if therefore the operations of the gold and silver capital shall gain more than six per centum profit, which, considering the multiplicity of banks, is highly doubtful, the surplus is to be paid to the government, in proportion to the paper they deposit.
H. KNOX. March 5d, 1803.
A late Vermont paper mentions that general Lewis R. Morris has declined a re-election to Congress, and that Amasa Paine will be supported in his stead by the federalists of his district. James Elliot, is the democratic candidate for the same district.
The following resolutions have passed the house of assembly of New-York, in committee of the whole, relative to electors of President and Vice-President.
Resolved, as the sense of this committee, that, by a fair construction of the constitution of the United States, electors of President and Vice-President may be chosen by the people.
Resolved, as the sense of this committee, that a committee be appointed to bring in a bill for dividing this state into nineteen districts, for choosing the electors of President and Vice-President.
Capt. Gardner, of the ship America, in 30 days from Lisbon, informs us, that on the 10th of February (the day before he failed, a British packet had arrived at Lisbon in 7 days from Falmouth, with intelligence that the French Senatus Consultum had refused to confer on B. naparte the title of "EMPEROR OF THE GAULS." News had also reached Lisbon, that American vessels were excluded from the port of Cadiz in consequence of new regulations in the Spanish system of quarantine. N. Y. Pa.
By a recent order of General Rochambeau, no vessel under seventy tons burthen will be admitted into the ports of St. Domingo. This regulation has been occasioned, by the detection of several small vessels being engaged in an unlawful commerce with the brigands.
From the Aurora.
A Report was prevalent yesterday, that New-Orleans had been opened by order of the Intendant, about the middle of February. The report appears to have arisen from letters from New-Orleans having been received by a Schooner arrived at this port yesterday from Natchez; we have seen letters to the 15th from New-Orleans, which make no mention thereof, and which contain no other information than the price of a few articles of produce. The following order was issued by the Intendant on the 5th February:—
DON JUAN VENTURA MORALES, INTENDANT, &c. OF THE PROVINCE OF LOUISIANA.
Conformably to the resolves of the council of finance, held this day, I permit the introduction into this capital of salted meat, and other provisions, brought in flat boats and other vessels from the American settlements of the Ohio, under the condition, that on the
landing of the same, the duty of six per cent. as established by the royal order of the 24th of April, 1794, relating to said articles, will be exacted. And that whatever may not be consumed in the province, will be subject to the customary duties on exportation, which is to be effected solely in Spanish vessels, and for the foreign ports with which by the existing royal order, this colony is allowed to trade. And that this may be made public, I have ordered that copies of the present be affixed to the customary places of this city. New-Orleans, February 5th, 1803.
New-York, March 14.
By Captain Seton, of the ship Betsey, from Leghorn, we have received an official account of several Tripoline cruisers, under the command of a renegade by the name of Liff, being at sea. The following is the letter of the American Consul, addressed to the Captains of vessels at Leghorn:
"Leghorn, 23th November, 1802.
"GENTLEMEN,
"I have this day received official intelligence, that Renegade Liff, the Tripoline Commodore, was on the 21th ult. ready for sea, with a squadron consisting of a Xebec of 10 guns, one do. of 14 and a Kirlengiet of 14. That on the 9th of said month, a Xebec of 14 guns failed on a cruise; and that a Kirlengiet and a Polacre of eighteen guns each and a Xebec of 16, were also ready and preparing for sea. It is conjectured that Liff, the commodore, with his squadron, intend to pass the Straights. He has dressed his people in short blue jackets, overalls, and hats, for a decoy.
"I am respectfully, Your obt. humble servant, TH: APPLETON, Consul."
Paris, Jan. 13.
It is supposed Bonaparte will declare his successor at the same time, when he assumes to himself the Imperial Title. His Nephew, the son of his brother Louis, will be named heir to the Empire. His brother Joseph, with Generals Murat and Murney, M. Cambacérès, and the Chief Justice, are to form a Council of Regency. The Presidents of the Council of State, and a certain number of the Members of the Senate, are to form a college of Princes. The heads of the Dutch, Swiss, and Italian Republics are to be the great officers of the Imperial household. Such are the destined changes in the government.
TO COUNTRY SUBSCRIBERS.
Subscribers, who have not complied with the fundamental term of this paper, the payment of their annual subscription in advance, are respectfully informed that unless this shall be soon done, the Editor will be under the disagreeable necessity of ceasing to transmit their papers.
NOTICE.
This is to give Notice, that the Subscribers of Washington City, have obtained from the Orphan's Court of Washington County, in the District of Columbia, letters of Administration on the personal estate of JOHN MCCARTY, late of the City and County of Washington deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscribers, at or before the 26th day of August next, they may otherwise by law be excluded from all benefit of the said estate.
Given under our hands this 24th day of February A. D. 1803.
REDMOND BARRY, } addn MICHAEL SCOTT. } addn N. B. Such persons who have in their possession, books or other property of the deceased will please to deliver them to the administrators without delay.
raw3w. R. S.
FOR SALE.
A TRAT of Land on Accotack Creek in the County of Stafford and State of Virginia, containing 105 Acres—it adjoins Mr. Daniel C. Brent's Richland tract, is one mile from Potomac river, 12 from Fredericksburg, and 48 from the City of Washington. The Land is level and the soil of a good quality, it is uncommonly well adapted to the growth of wheat and Indian corn, it has on it an overlock's house, a good barn and four other small houses, a good apple orchard, a flour quarry on the bank of the creek, from which stone may be conveyed to market at less expense than from any other in that part of the country; eight or ten acres of valuable meadow land, and several of the best fishing shores on that creek, one of which, and four acres of land are rented for 22. pounds per annum. On the opposite side of the creek are large banks of the richest shell marl, in which the whole of this land might with little expense, be rendered very fertile by being nearly surrounded by the creek—the near might be carried in boats to almost any part of it. The tract is supposed to have a sufficiency of timber on it, but should the purchaser with it, be may be furnished with any quantity of the proprietor's wood land on the opposite side of the creek, not exceeding fifty acres at a moderate price. The facility of conveying produce to Alexandria and the City of Washington from this farm must render it an advantageous position to any person residing in either. For terms apply to Mr. PHINEAS JANNEY of Alexandria or to the editor of this paper. Feb. 28. 21w3w.
There is due for your subscription dollars cents from 10 and there will be due on dollars cents in advance from to

In COUNCIL, ANNAPOLIS, Jan. 25, 1803.
ORDERED, That the act, entitled, An act to collect the debts due to this state, be published once in each day, for the space of six weeks successively, in the Maryland Gazette, at Annapolis; the Baltimore and Federal Telegraph; the National Intelligencer; Mr. Smith's paper, at Baltimore; Mr. Barre's paper, at Frederick-Town, and Mr. Green's paper, at Hager's Town.
By order,
NINIAN PINKNEY, Clerk.
An ACT respecting the debts due to this state, and the debts thereof and for other purposes.
Be it enacted, That the general assembly of the state of Maryland, That the treasurers of the respective shires, with the advice and under the direction of the governor and council, be and they are hereby authorised with all and singular the powers and authorities necessary for, and incident to, the demanding, requiring and obtaining the payment of all arrearages and balances whatever due to the state from the debtors thereof, and the said treasurers of the eastern and western shires, and the said shires, are hereby severally required to notify the governor and council, when required, with a correct statement of such arrearages and balances; and the governor and council are hereby authorised and empowered to direct suits to be commenced against such debtors of the state as they may think proper and expedient, and appoint an attorney or attorneys to prosecute, and conduct any particular suit or suits, so directed to be brought and commenced as aforesaid; provided, that all debts due to the state shall be paid to the treasurers of the western or eastern shires respectively, and to no other person or persons whatsoever.
And be it enacted, That the governor and council be and they are hereby authorised and empowered to make composition with any of the debtors of the state, and direct the respective treasurers to take bonds to the state with full joint security, and give time for payment not exceeding two years.
And be it enacted, That the several sheriffs and clerks of the several courts shall make payment of all monies due to the state, and received by them, or which may hereafter be received by them for fines, penalties, forfeitures and amercements, and forfeited recognizances, and for ordinary retailers and marriage licences within the time limited by law, and if necessary, the governor and council may direct suits to be brought against any defaulting sheriff or clerk for recovery of the same, and may credit any money that the party is not chargeable with by law.
And be it enacted, That, whenever there shall be occasion to expose to public sale any confiscated British property that remains unsold, or the property of any debtor to the state or his heirs, by virtue of any execution already issued, or to be issued for this purpose, the governor and council shall be and they are hereby authorised and empowered to appoint a fit and proper person to act in this behalf on the part of the state, who is hereby directed and required before he proceeds to act, to give bond, with sufficient security to the state, conditioned for the faithful discharge of the duties required of him; and such sales shall be made upon such public notice, and upon such terms as the governor and council shall direct; and such person, so appointed as aforesaid, to act for and in behalf of the state, in case of a sale shall be directed to be made on a credit, which shall in no case exceed two years, take bond to the state, with good and sufficient security, to be approved by the treasurers of the respective shires from the purchasers; and all bonds taken by any person appointed as aforesaid shall be deposited, with an accurate list thereof subscribed by him, in the treasury of the western shire, and shall be a lien upon the real property of such purchasers, and their heirs, from the respective dates, or so much thereof as shall be mentioned in a schedule thereto annexed, and the said treasurers shall make report of all such bonds to the next general assembly thereafter; provided nevertheless, that the said person, so appointed as aforesaid, shall, and he is hereby directed, at the time of any sale of any confiscated property by virtue of this act, to make known to the state the right of this state therein, and to take the state bond, not guaranty the debt, or any part thereof, but the purchaser shall be in all respects at the risk of the sale.
And be it enacted, That in all cases of under-sale, where the same shall be continued thereafter, and in all cases of suits depending in chancery with any state debtors, the governor and council shall be and they are hereby authorised and empowered to make such terms upon such terms and principles as they shall think equitable and just; and if, under the terms of any compromise made as aforesaid, the property heretofore purchased shall be taken back and resold in the event, the governor and council may appoint a fit and proper person to let the same at public sale, upon such notice, and upon such terms as they shall direct; and the said person so appointed, before he proceeds to act, shall give bond to the state, with sufficient security, conditioned for the faithful performance of the duties required of him, and shall take bonds to the state, with good and sufficient security, to be approved by the treasurers of the respective shires, if such sale shall be directed to be on a credit, which shall in no case exceed two years, and the bonds, when taken, shall be deposited with the treasurer of the western shire, and reported by the treasurer to the next general assembly thereafter.
And be it enacted, That in all cases in chancery where no compromise is effected, the governor and council shall be and they are hereby authorised and empowered to direct the attorney general to prosecute, and defend the same to immediate final decision, and in cases of difficulty, to direct aid to the attorney general, by employing any person to attend to surveys where necessary, or otherwise to assist in the prosecution or defence of said suits, to be paid out of the contingent fund of five hundred pounds.
And be it enacted, That if any bond debtor to the state for confiscated property, or otherwise, shall neglect to
make payment agreeably to the conditions of his bond, and finally relieves of the general assembly, the governor and council may direct process to issue for the whole principal and interest then due, or may proceed on any execution against any state debtor already issued, and served and suspended, as occasion may require, or may direct any execution to be delayed as long as they may think expedient and necessary; and no process shall issue against any of the public debtors unless by the direction of the governor and council; and all sales of property taken by feri facias at the suit of the state, may be suspended by the governor and council from time to time, as they may think meet to the advantage of the state, and may direct executions against the body of any state debtor to be entered "not called by council."
Whereas many persons have made discoveries of British property, confiscated property, or property liable to confiscation, to the governor and council, the late intendant, and late agents of the state, and have made application to purchase the same upon the terms held out by law to the discoverers: And whereas there is no person invested with authority to estimate the value, or fix a reasonable price for the said property, and to compound with the person or persons making such discovery, or with the person or persons applying to purchase the same. Be it enacted, That the governor and council be and they are hereby empowered to compound with all persons who have heretofore made discovery of British property, confiscated property, or property liable to confiscation, either to the governor and council, the late intendant, or any of the state agents, and to allow not exceeding one third of the value of such property to any person or persons having made such discovery, and who shall make application to the governor and council on or before the first day of May next, to compound for and purchase the same, and the said governor and council are hereby authorised to dispose of such property to such applicants, and take bonds with good and sufficient security, to be approved of by the treasurer of the western shire, for the purchase money, bearing interest, payable to the state at the periods that may be agreed on.
And be it enacted, That if such discoverers shall not make known to the governor and council the title of the state to the property aforesaid, on or before the first day of May next, or shall refuse or neglect, on or before that day, to agree for the purchase of the same, that then the governor and council shall be and they are hereby authorised to sell and dispose of the state's right to the said property to any person or persons applying to purchase the same, or may appoint a fit and proper person as aforesaid, who shall give bond as aforesaid, to sell the same at public sale in the manner herein before directed, without making such discoveries, who refuse or neglect as aforesaid, any compensation.
And be it enacted, That it shall and may be lawful for any person or persons purchasing as aforesaid any confiscated British property under the authority of this act, to prosecute any suit or suits, either in law or equity, in the name of the state, for recovery of said property for their use; provided that the said state shall not be liable to pay any costs incurred in prosecution of said suits, but that the same shall be paid by the person or persons for whose use said suits shall be prosecuted; and provided also, that in all such sales, so to be made by the governor and council, or under their direction and appointment, it shall be made known, and it shall be a condition thereof, that they only sell the right of the state thereto, and that the state doth not guarantee the title to the same, or any part thereof, but that the purchase must be in all respects at the risk of the purchaser.
And be it enacted, That on all sales to be made by the governor and council, and under their direction and appointment, of confiscated property, in pursuance of this act, deeds shall be executed by the chancellor to the purchaser or purchasers, in the same manner as for other confiscated property heretofore disposed of.
And be it enacted, That in all cases where bonds shall be taken in virtue of this act, such bonds shall be a lien on the real property of the obligors from the date thereof, or on so much of the said real property as the governor and council shall think sufficient, to be particularly mentioned in a schedule to be annexed to the said bond, in which case it shall be a lien on the property contained in such schedule, and no more, such bond and schedule to be lodged with the treasurer of the western shire, and all such bonds shall expire the county in which the obligors respectively reside; and the treasurer of the respective shires shall, within one month after they receive them respectively, cause them, with the schedules annexed to them, to be recorded in the office of the clerks of the western and eastern shires respectively, at the expense of the obligors, and a copy of said record, certified under the hand and official seal of the clerk in whose office the same record shall have been made, shall be as good evidence in any court of law or equity in this state
as the original bond would be if it was produced.
And be it enacted, That the governor and council be and they are hereby requested to make communications to the next general assembly of the several proceedings under this act.
And be it enacted, That the governor and council be and they are hereby authorised to allow to any person whom they shall think proper to appoint to sell any real property directed to be sold in virtue of this act, a sum not exceeding three per centum on the amount of any sale.
TO LET, And be entered upon immediately, three well finished BRICK HOUSES, NEARLY opposite Morin's Tavern, on Twelfth street very near Pennsylvania Avenue, built for the WASHINGTON BUILDING COMPANY. The Houses will be rented on very reasonable terms. Apply to THOMAS CARPENTER near the President's Square. Dec. 18. eptf.
The professorship in the STEVENSBURG ACADEMY being still vacant, I am instructed by the Trustees to make it known that application by letter or otherwise, from persons desirous of engaging in the office of Instructor in the said Academy will meet with the most pointed attention. By order of the board of Trustees, CHARLES CARTER, President. Culpeper, Virg. Feb. 14. 3wep.
City Hotel, BROADWAY NEW-YORK. THE Subscriber most respectfully informs his friends and the public, that the above Hotel will be opened on the first of May ensuing, when their patronage is earnestly solicited. He avails himself of this opportunity to return his sincere and grateful thanks to those friends, parties, and gentlemen, who have given him their support, and assures them that a continuance of their favours will be a fountless to future exertions to please; and that the utmost attention shall be given for their comfort and accommodation. Boarding may be had by the day, week, month, or year. Families travelling, may be elegantly accommodated with lodging and fitting rooms; and, if preferred, have dinner &c. in their apartments. The Hotel being so well known, it is almost useless to say, that it is situated in one of the most healthy and pleasant parts of the city; commanding an extensive view in every direction, not only of the city itself, but also of the Narrows, the North and East Rivers, the flats of New-Jersey, York and Long-Island &c. &c. A handsome coffee-room will be fitted up in the principal floor; where gentlemen may have tea, coffee, chocolate, soups, and refreshments in general, at the shortest notice. All the leading newspapers in the union, will be regularly taken in. Public dinners and suppers in a plain or elegant style either for large or small parties. Also, beef steaks, oysters, &c. regularly furnished. An ordinary every day at half past a o'clock, by the public's obedient servant, JOHN NOVETT. N. B. Rooms to let by the month or year April 21, 1802. eptf.
ELISHA RIGGS, BRIDGE STREET. Has an extensive assortment of dry goods, viz. SUPERFINE London Cloths and Caffimiers, fashionable cords and waistcoatings, fine Irish and white Russia sheeting, best double mill'd drab cloths, Italian crapes, laces, lace veils and shawls, bell weave satin, black satins and huteffings, madras plaids for dresses and shawls 5-4, 4-4 and 7-8, fine London, Chinese very fine, and other linen and cotton cambricks, ladies and mens pocket horks, and gloves, fine nap'd cambricks and coatings, ladies and mens filks and cotton hosiery very fine shearing flannels and cottons, cotton counterpines and rose blankets, mens Satins, Florentine and Toilettens, Irish and German Linens, morocco, kid, and leather shoes and bows. A L S O, Many other articles, which being selected on the best terms, will be sold very low for cash. George Town, Feb. 14. em&f3w.
TO BE LET, And immediate possession given, Two new two story Brick HOUSES, completely finished, with extensive back-buildings, situated at the intersection of E and thirteen streets, immediately in neighbourhood of the Bank, and within bout seventy feet off Pennsylvania Avenue, in the city of Washington. For terms which will be very moderate, apply to Mr. BENJAMIN PATTERSON, near the Union Tavern, George-town, or in Baltimore to D WILLIAMSON. George-town, 26 Jan. 1803. 19c.
NOTICE. In the matter of JOHN JACK, Bankrupt. THE subscriber being appointed Assignee of the Estate and effects of JOHN JACK Bankrupt. All persons indebted to the said Bankrupt, are requested to make immediate payment otherwise legal steps will be indiscriminately taken to compel them. RICHARD FORREST, Assignee. Jan. 26. tf.
NOTICE. ALL persons having claims against the estate of BARNABY DAVIS, are requested to bring them forward, attested according to law, and all those indebted to said estate are requested to make immediate payment, to W. M. H. P. TUCKFIELD, Administrator. March 4. 3t.
Superintendent's Office, Washington 8th March 1802. THERE will be wanting for public use in this city large quantities of firestone, foundation stone, lime, sand, and some bricks—Proposals to supply the same will be received on the fourth day of next month, by THOMAS MUNROE, Superintendent. N. B. A number of labourers and some timber for joints &c. will also be wanted. March 9. eptf A.
FOR SALE OR RENT, THAT elegant three story BRICK HOUSE, on the corner of Falls & Frederick Street in George Town, lately occupied by Mr. PICHON. Likewise, THE two well finished three story BRICK HOUSES, adjoining that occupied by Mr. SAMUEL H. SMITH Printer, on the Pennsylvania Avenue, east of the centre Market House, City of Washington—Apply to GEORGE THOMPSON, George Town. Geo. Town, Oct. 20. tf.
170.038 Acres of Land. THIS body of land, in one entire and inclusive survey, is offered for sale to any individual or company, who may incline to purchase for the purposes of settlement and emigration. It is situated in the state of Virginia, on the Great Kenawha River, Montgomery county, and is distinguished by the name of "the Great Bent of the Kenawha," being intersected by the Piney river, Great and Little Bluestone rivers, Coal river, and Nyandot river, as also by numerous other creeks and waters, running into said rivers. Numerous mill-sites, inexhaustible bodies of coal, and great appearances of ores, metals, salt springs and salt licks, are to be found on this tract, besides which, sugar may be made thereon to any amount, the sugar cane being in almost every part. For fertility of soil, growth of timber, fitness for cultivation, fertility of climate, and natural advantages, this body of land stands unrivalled by any tract of equal quantity in Western America: it will be submitted for sale to an entire purchaser, until the first day of June next, on very advantageous terms; after which, it cannot be disposed of at any price the present proprietor being compelled to a division thereof. An inalienable title will be given, and for further particulars, as to terms of sale and payment, enquire of JOHN BECKLEY, Esq. Clerk to the House of Representatives of the United States, at the city of Washington. November 1, 1802. tf.
TAKE NOTICE. I WILL sell five hundred and fifty acres of Land whereon I live, in Fairfax county, within five miles of the court house, and within twenty of the City of Washington, Alexandria, Dumfries, and twelve of the Occoquan mills, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, there is a great proportion of white and red oak, popular and hickory timber—There is nearly one hundred acres of prime land for meadow, I will give six months credit for one fourth of the purchase money—twelve months for the other quarter, eighteen for the third, and two years for the last payment, a purchaser will find me on the two premises. THOS POLLARD. Feb. 21st. tf.
Loft by, or Stolen from, a Lodger at STELLE'S HOTEL, on Thursday last, a POST NOTE, issued by the Bank of Baltimore, for two hundred and fifty Dollars, to John Thomas, and indorsed with his name, in blank. The number of the Note and the day of issuing it, are not remembered; but believed to be dated on the 10th of September, 1800. If the above note is offered in Payment, or to be changed, an enquiry is requested to be made from whom it has been received. If any person will discover the thief, so that he may be convicted, he shall receive fifty Dollars. If any person will deliver the Note to my bar keeper, he will pay him 20 Dollars, and no questions off. PONTIUS D. STELLE. March 2. 2w.
Thomas Carpenter, TAYLOR. HAS received a very handsome assortment of goods, consisting of superfine cloths, cassimere and costings of all colours. Patent water proof Cloths, Silk and woolen Mole-skins, Toilettens, velveteens, &c. of superior quality. From which, and an acquisition of the newest fashions and the best workmen, he can assure whatever commanded. Pennsylvania Avenue, near the President's Square, and New Jersey Avenue, about eight houses from Capitol square. Dec. 1, 1802. tf.
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIA. HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cassimere, Silk Florantine, Black and fancy silk mole-skin velvet, white & figured Marcellus, Swandowns, Toilettens, Velveteens, fancy cords, Coating, &c. With a variety of other articles suitable for the winter season. N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion. New-Jersey Avenue, the second House from the Capitol Square. December 8, 1802. tf.
WANTED, One or two Boys to learn the BOOT and SHOEMAKING Business—Apply to JOHN CROOKSHANK. George-Town. Jan. 19. 1803. tf.
50 Dollars Reward. Broke jail on the night of the 23d of February last, James Elfax, supposed to be thirty years old and six feet high, he was under two commitments one for debt, the other for horse stealing. Whoever apprehends and bring the said Elfax, to me; shall receive the above reward. NATHAN SMITH, Sheriff. Calvert County. March 18, 1803. 3t.
FOR SALE. EXCELLENT Butter in Firkins, Whiskey in Barrels, and Sherry Wine in quarter Casks. WM. BRENT, New Jersey Avenue near the Capitol. Feb. 2. tf.
THEO. HOLT Has for sale, at his Nursery Garden, Eastern Branch, A LARGE ASSORTMENT OF FRESH GARDEN SEEDS, Which he has imported from London, put ship Sheppard's to Norfolk, and others of his own sowing—consisting of FRAME Peas, very Early, White Spanish do. Early Charlton do. Early Scarlet Radish, Dwarf Marrowfat do. Mixed do. Large Marrowfat do. Spanish do. Dwarf Prussian do. White Turnip do. Dwarf Union do. Long Prickly Cucumber, Dwarf Profile do. Large Windsor Beans, Green Turkey do. Turkey Longpod do. Nasturtion, Dwarf Bunch do. Parsley, Lima do. Spinage, Saddlestrap do. Red Beet, Early York Cabbage, Early Horn Carrot, Early Butterleaf do. Long Orange do. Early Sugarloaf do. Large Parap, Large Drumhead do. Loaf Lettuce, Green Savoy do. Brown Dutch do. Red Pickling do. Mixed do many sorts, Scotch Kale, Solid Celery, Brocoli forts mixed, Endive, Early Cauliflower, White Asparagus, Late do. Common, Early Dutch Turnip, Salsolic, &c. &c. &c. Large Tripoli Onion. A variety of different kinds of Fruit trees, Flowering Shrubs, Flower Seeds, Garden Hoes and Rakes, various sizes; imported Roots of fine Mixed Tulips, Double Hyacinths, Double Jonquils, Crown Imperials, Double Snow Drops, Anemones, Persian Ranunculus, Persian Iris, Crocuses, &c. A quantity of Lombardy Poplars, proper size for planting. Washington, Jan. 21, 1803. 2wtf.
NOTICE. THE Inhabitants of the 1st district of the city of Washington (which includes all that part of the City south of Pennsylvania Avenue and west of 6th street west) and others holding property in said district, are hereby informed that the subscriber will attend for the purpose of receiving their taxes at Mr. Rhodes Tavern from the first day of next month (every day Sunday excepted, from 3 o'clock P. M. till 6 o'clock P. M.) to the 31st thereof. It is hoped early attention will be had to this notice, as the law requires the tax shall be paid within one month from the date of notice, otherwise their property will be subject to distress and sale which will be very disagreeable to the subscriber. WASHINGTON BOYD, Treasurer of the City of Washington. Feb. 23. 2aw6w.
DEMOCRAT WILL cover Mares from this day until the first day of July next at the subscriber's Farm near Mr. Baldwin's Tavern, (Prince Georges county) at sixteen dollars each, and one dollar to the groom; the money to be paid at the time of covering, or before the Mares are taken away. Democrat will be six years old in May next—his form and blood is greatly admired by the best of judges—his performance on the turf has been pleasing to all who have not been interested against him, winning several matches, sweepstakes, Jockey club and subscription purses. Any person sending mares to Democrat before grass becomes plenty, can be accommodated with grass at market price. Pasturage can be had (when grass becomes plenty) at 2 1/2 d. per week, but not liable for accidents or escapes; every attention will be paid to prevent either. ISAAC DUCKETT. Mr. Isaac Ducket's Bay Horse Democrat, was bred by me, got by Col. Talbot's grey Horse Diomed, his dam by Mr. Hall's imported Horse Eclipse, granddam by Don Carlos who was got by Dr. Hamilton's imported Horse Figure out of his famous running Mare Primrose, great granddam by Dr. Hamilton's imported Horse Ranger, who was got by Martindale's Regulus—Regulus was got by the Godolphin Arabian, his great granddam by Dr. Hamilton's imported Horse Dove, who was also got by the Godolphin Arabian, his great, great, great dam by Othello, out of Tollo. Taskers old Selena and full sister to Mr. William Brents Ebony and Mr. Saml. Galloway's old Selena I certify the above to be a true Pedigree. WALTER BOWIE. March 4. 1aw3w.
AT EASY PAYMENTS. The subscriber offers for sale a Tract of land on Acquia creek, in the county of Stafford, containing about 500 acres, two fifths of which is woodland, lying chiefly on the water. This tract possesses the following improvements and advantage—A two story frame dwelling house, and the usual out-houses; orchards of apples, peaches, pears, cherries, &c. a falling garden neatly laid out several springs of excellent water, and a well at the door. The dwelling house is situated on an eminence commanding a most delightful and extensive prospect of the Potomac (from whence it is distant about two miles) for thirty or forty miles; and of the Acquia from its confluence with that river to the head of tide-water at Acquia. The tract abounds with valuable quarries of free stone of every quality. Some of them contiguous to deep water, and nearer the Potomac than any that are now in operation on said creek. There are also two valuable marbles, several fishing shores for rock, flax and herring, and plenty of wild fowl in season. It is believed by good judges that the timber on the land, and fire wood, if cut ready for market, would command a greater sum than is asked for the whole premises. Wood may be conveyed to the city of Washington with a fair wind in two tides, the distance being not more than 40 or 45 miles. Apply to the subscriber near Acquia. V. PEYTON. Jan. 24. 1803. 1awt—