The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-03-18 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCXCHII.
FIVE DOLLARS PER ANNUM.
MONDAY, MARCH 18th, 1805.
PAID IN ADVANCE.
By AUTHORITY.
AN ACT
To amend the charter of George-town.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the second Monday in March current, the corporation of George Town, in the district of Columbia, shall be divided into two branches; the first branch to be composed of five members and a recorder, and to be called the board of aldermen; and the second branch to be composed of eleven members, and to be called the board of common council men; which said two branches shall be elected as hereafter particularly provided.
Sec. 2. And be it further enacted , That immediately after the passage of this act, and before the said day above mentioned, the present members of the said corporation shall meet at their usual place of meeting, and then and there choose by ballot, from their body, five persons to compose the said board of aldermen, which said persons, when chosen as aforesaid, shall compose the said board of aldermen, and be, and continue such, until the fourth Monday in February, 1806; and that the present recorder of the said corporation shall be the President of the said board of aldermen, until the time last aforesaid; that the other members of the said corporation, (except the mayor) shall compose the said second branch, called the board of common council men, and be, and continue such, until the time aforesaid, and shall choose, out of their own body, a president, to be, and continue such until the time aforesaid—and when thus organised, said corporation shall have, exercise, and possess, all the powers and rights now vested in the said corporation, and to be herein and hereby vested in them.
Sec. 3. And be it further enacted , That the present mayor of the corporation of George town, shall be, and continue such, until the first Monday of January next.
Sec. 4. And be it further enacted , That on the fourth Monday of February next, the free white male citizens of George town, of full age, and having resided within the town aforesaid, twelve months previously, and having paid tax to the corporation shall assemble at a place to be appointed, as hereafter directed, and then and there shall proceed to elect, by ballot, five fit and proper persons, citizens of the United States, and residents of the said town, one whole year next before the said day of election, above twenty one years of age, and having paid a tax to said corporation, to compose the said board of aldermen; and shall also at the same time proceed as aforesaid, to elect eleven fit and proper persons, having the qualifications last aforesaid, to compose the said board of common council; the said board of aldermen to continue two years, and the said board of common council to continue one year: and the said mayor, together with such other fit persons as shall be named and appointed by the said corporation, shall be judges of the election, and the five persons voted for as aldermen, who shall have the greatest number of legal votes on the final casting up of the polls, shall be declared duly elected for the board of aldermen; and the eleven persons voted for as common council, who shall have the greatest number of legal votes upon the final casting up of the polls, shall be declared duly elected for the board of common council; and that the like election for aldermen be held on the fourth Monday in February, every two years thereafter: and for the said common council, on the said fourth Monday in February annually, forever thereafter.
Sec. 5. And be it further enacted , That on the first Monday of January next, and on the same day annually, forever thereafter, the said corporation shall, by a joint ballot of the said two branches present, choose some fit and proper person to be mayor of the said corporation, and some fit and proper person, learned in the law, to be the recorder of the said corporation, to continue in office one year.
Sec. 6. And be it further enacted That the said mayor, before he acts as such, and the said recorder, before he acts as such, shall respectively make oath, before some justice of the peace, in the presence of both branches of the said corporation, that he will well and faithfully discharge the several and respective duties of his office; and that each member of the said two branches
shall, before he acts as such, in the presence of the corporation, take an oath to discharge the duties and trust reposed in him, with integrity and fidelity.
Sec. 7. And be it further enacted , That four members of the board of aldermen, and seven members of the board of common council, shall form a quorum to do business—the said corporation shall hold two sessions in each year; one to commence on the first Monday in March, and the other on the first Monday in December, with power to adjourn from day to day, to be held at such place as the mayor may designate, not otherwise provided for by ordinance: Provided always , That the mayor shall have power, on urgent occasions, to convene said corporation, on application of at least five members, in writing, giving reasonable notice of such intended meeting.
Sec. 8. And be it further enacted , That each of the said branches shall judge of the elections, qualifications and returns of its own members, and may compel the attendance of the members of each branch by reasonable penalties; and either branch shall have power to appoint their president, pro tempore, in case of the absence of the one duly chosen as aforesaid; any ordinance may originate in either branch, and no ordinance shall be passed, but by a majority of both branches, nor unless it shall pass both branches during the same session, and be approved of by the mayor, who shall sign the same, unless he objects thereto within forty-eight hours from the time the same is presented to him for signature, if he does so object, he shall immediately return the same to the said corporation, with his objections in writing, and if, on reconsideration, two thirds of each branch of the corporation, shall be of opinion that the said law ought to be passed, it shall, notwithstanding the objections of the mayor, become a law, and he shall sign the same; if the said mayor shall not return his objections to the same, to the said corporation, within the time aforesaid, it shall become a law, and shall be signed by him; the clerk of the corporation shall record, in a book to be kept by him for that purpose, all the laws and resolutions which shall be passed as aforesaid, and deliver a copy of them to the public printer, to be printed by him for the use of the people.
Sec. 9. And be it further enacted , That in case the aldermen composing the first branch, shall at any time, on any question before them, be equally divided, the recorder shall have the casting vote, and determine such question to the same effect as if the same had been determined by a majority of the aldermen present, and similar power is hereby given to the president of the second branch, in case of an equal division in that body.
Sec. 10. And be it further enacted , That it shall be the duty of the mayor, to see that the laws of the corporation be duly executed, and to report the negligence or misconduct of any officer to the said corporation; who on satisfactory proof thereof, may remove from office the said delinquent, or take such other measures thereupon as shall be just and lawful; he shall lay before the said corporation from time to time, in writing, such alterations in the laws of the said corporation as he shall deem necessary and proper; he shall have and exercise the powers of a justice of the peace in the said town; and shall receive for his services, annually, a just and reasonable compensation to be allowed and fixed by the said corporation; no person shall be eligible to the said office of mayor or unless a citizen of the United States of the age of thirty years, a resident of the said town for five years then last past, and unless he shall have paid a tax to said corporation.
Sec. 11. And be it further enacted , That in case of a vacancy in either branch of the said corporation, by death, removal or otherwise, of either of the members, a fit person or persons qualified as aforesaid, shall be elected by the people in the manner aforesaid, to fill such vacancy immediately thereafter, the mayor giving however at least five days notice of such election: and in case of the vacancy of the mayor or recorder, the said corporation shall, within five days thereafter, as herein before directed, proceed to the choice of a fit person or persons, qualified as aforesaid, to fill his or their place.
Sec. 12. And be it further enacted , That the said corporation, shall have power to impose a tax not exceeding in any one year fifty cents in the hundred dollars, on all property within the said town, and the sessions of the said corporation shall be held as heretofore, until the said second Monday in March current; and the said corporation shall
have, possess and enjoy all the rights, immunities, privileges and powers heretofore enjoyed by them; and shall be called by the same name as heretofore, and shall have perpetual succession; and in addition thereto they shall have power to regulate the inspection of flour, and tobacco in said town, to prevent the introduction of contagious diseases within said town and precincts, to establish night watches and patrols, and erect lamps; to regulate the stationing, anchorage and mooring of vessels; to provide for regulating and licensing ordinaries, auctions and retailers of liquors, hackney carriages, waggon, carts and drays within said town and precincts; to restrain or prohibit gambling; to provide for licensing, regulating or restraining theatrical or other public amusements; to regulate and establish markets; to pass all laws for the regulation of weights and measures; to provide for the licensing and regulating the sweeping of chimneys, and fixing the rates thereof; to establish and regulate five wards and five companies; to regulate and establish the size of bricks to be made and used within said town; the inspection of fitted provisions, and the size of bread to sink wells, and erect and repair pumps in the streets; to impose said appropriate fines, penalties and forfeitures for breach of their ordinances; to erect work houses; to open, extend and regulate streets within the limits of the said town, provided they make to the person or persons who may be injured by such opening, extension or regulation just and adequate compensation to be ascertained by the verdict of an impartial jury to be summoned, and sworn by a justice of the peace of the county of Washington, and to be formed of twenty three men who shall proceed in like manner as has been usual in other cases where private property has been condemned for public use; and they shall have the power of refraining, regulating and directing the manner of building wharves and docks; also to direct the manner in which the improvements thereon to be erected shall be made, so that they may not become injurious to the health of the town; in addition to the power heretofore granted to the said corporation by the act of Congress, entitled "An act additional to, and amendatory of an act, entitled "An act concerning the district of Columbia," or laying a tax of two dollars per foot front, for paving the streets, lanes and alleys of the said town, they shall have the power upon petition in writing of a majority of the holders of the real property fronting on any street or alley, if in their judgment it shall be deemed necessary, to lay such further and additional sum on each foot front on said street or part of a street, as will be sufficient to pay said street or part of a street, lane or alley, to petitioned for; and the like remedy shall be used for the recovery thereof, as is now used for the recovery of the public county taxes in the said county of Washington; and they shall have power by ordinance to direct or order the paved streets to be cleaned and kept clean, and appoint an officer for that purpose; to make and keep in repair all necessary sewers and drains, and to pass regulations necessary for the preservation of the same.
Sec. 13. And be it further enacted , That the duties on all licenses to be granted as aforesaid, shall be and for the proper use and benefit of the said corporation; and the said corporation shall have power to pass all laws not inconsistent with the laws of the United States, which may be necessary to give effect and operation to all the powers vested in the said corporation; and to appoint constables and collectors of the taxes, and all other officers who may be deemed necessary for the execution of their laws, whose duties and powers shall be prescribed in such manner as the said corporation shall deem fit for the purpose aforesaid.
Sec. 14. And be it further enacted , That the jurisdiction of the said corporation shall extend to the limits of the original plan of said town, and to such additions as are recognized by law; and that a survey as soon as conveniently may be after the passage of this law, shall be made, under the direction of the said corporation, ascertaining said limits, and a plat thereof made and returned to said corporation, which when approved of by them, shall be preferred, and become a record.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate pro tempore. March 3, 1805—APPROVED. TH: JEFFERSON.
AN ACT
To continue in force "an act, declaring the consent of Congress to an act of the state of Maryland passed the twenty-eighth day of December 1793, for the appointment of a health officer."
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress be, and is hereby granted and declared to the operation of an act of the General Assembly of Maryland, passed the twenty-eighth day of December, one thousand seven hundred and ninety three, intitled "An act to appoint a health officer for the port of Baltimore, in Baltimore county;" so far as to enable the state aforesaid to collect a duty of one cent per ton on all vessels coming into the district of Baltimore, from a foreign voyage, for the purposes in said act intended.
Sec. 2. And be it further enacted , That this act shall be in force for nine years from the passing thereof, and from thence to the end of the next session of Congress thereafter, and no longer.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. March 1st, 1805. APPROVED. TH: JEFFERSON.
AN ACT
To authorise the Secretary of War, to issue military land warrants, 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 Secretary of war, be and he hereby is authorised, from and after the passing of this act, to issue warrants for military bounty lands, to the sixty-three persons who have exhibited their claims, and produced satisfactory evidence, to substantiate the same to the Secretary of war, and also to such persons as shall, before the first day of April next, produce to him satisfactory evidence of the validity of their claims, in pursuance of the act of the twenty sixth of April, eighteen hundred and two, intitled "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."
Sec. 2. 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. 3. And be it further enacted , That the act, entitled "An act, in addition to an act, entitled "An act, in addition to an act regulating the grants of lands appropriated military services, and for the society of the United Brethren, for propagating the gospel among the Heathen," approved the 26th day of April, 1802, be and the same is hereby continued in force until the 1st day of March 1806.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice President of the United States, and President of the Senate. March 2, 1805. APPROVED. TH: JEFFERSON.
AN ACT
To establish the districts of Genessee, of Buffalo Creek, and of Miami; and to alter the port of entry of the district of Erie.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the thirty first day of March next, all the shores and waters of the lake Ontario, and the rivers and waters connected therewith, lying within the jurisdiction of the United States, and within the State of New York, to the westward of the western extremity of Sodus bay, but excluding all the rivers and waters, emptying into the said bay, and to the eastward of the eastern extremity of a certain creek or bay, lying between Niagara and the Genessee river, and known by the name of Oak Orchard creek, shall be a district,
to be called the district of Genessee, of which the river Genessee shall be the sole part of entry; and a collector for said district shall be appointed, to reside on the river Genessee.
Sec. 2. And be it further enacted , That all the shores, rivers and waters, heretofore belonging to the district of Niagara, which empty into Lake Erie, or into the river Niagara, above the falls of Niagara, shall, from and after the thirty first day of March next, be a district, to be called the district of Buffalo Creek, of which Buffalo creek shall be the sole part of entry; and a collector for the said district shall be appointed, to reside on Buffalo Creek.
Sec. 3. And be it further enacted , That from and after the thirty first day of March next, all the shores, rivers, and waters of lake Erie, within the jurisdiction of the United States, which lie between the west bank of Vermillion river, and the north cape, or extremity, of Miami bay, into which the river Miami of Lake Erie, empties itself, and including all the waters of the said river Miami, shall be a district, to be called the district of Miami; and the President of the United States is authorised to establish such place at or near Sandusky, or on the said river Miami, to be the port of entry, as he shall judge expedient, and also to establish, not exceeding two other places, to be ports of delivery only; and a collector for the said district shall be appointed, to reside at the port of entry, and surveyors to reside at such ports of delivery as may be established as aforesaid.
Sec. 4. And be it further enacted , That the President be, and he is hereby authorised to designate such place in the district of Erie, as he shall judge expedient, to be the port of entry of the said district.
Sec. 5. And be it further enacted , That the several collectors and surveyors, who may be appointed by virtue of this act, or by virtue of the third section of an act, passed the third of March, one thousand eight hundred and three, which authorises the establishment of a new collection district on Lake Ontario, in addition to the fees and commissions allowed by law, respectively receive the same annual salary, which by law is allowed to the collectors and surveyors of the several districts comprising the northern and western boundaries of the United States.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate pro tempore. March 3, 1805—APPROVED. TH: JEFFERSON.
AN ACT
Further to alter and establish certain post roads 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 following post roads be discontinued, namely;
From Willisville by Waldon's store, Speed's and Wilson's, Sterling Vance's and Norman's store, to Pearson's court house in North Carolina.
From Wilkes to Ashe court house, in North Carolina.
From New Dublin by Tazewell, Russell and Lee court house, to Cumberland Gap in Virginia.
From Georgetown by Concord and Laurel, to Salisbury in Maryland.
From Ringo's tavern, to Flemington in New Jersey.
From Worcester to Lancaster in Massachusetts.
From Springfield to Northampton.
From Boston to Bridgewater.
From Vincennes to Kaskaskias.
From Annapolis by Kent Island and Queenstown to Centreville.
Sec. 2. And be it further enacted , That the following post roads be established; In Massachusetts.
From Worcester by Holden, Rutland, Hubbardston, Templeton, Winchendon and Fitzwilliam, to Kennebec in New Hampshire. From Weymouth landing by Abington, East Bridgewater and West Bridgewater, to Taunton. In New Jersey.
From Cooper's ferry by Haddinsfield, Longacoming, Blue Anchor, Great Egg Harbor, River Bridge and Somers Point, to Ablecume in Galloway township. In Pennsylvania.
From Alexandria by Centre Furnace and Bellefont, to Williamsport. From Bristol by Attleboro, Newtown and Doylestown, to Quakertown. From New Hope through Doylestown, Montgomery's Square to Norristown. From Norristown by Pawlingsford, Pughtown,

Mergantown, Churchtown and New Holland, to Lancaster. From Philadelphia thro' Germantown, White Marsh, Montgomery square and Quakertown to Bethlehem. From Bethlehem by Lalanne to Berwick. From Presque Isle to Buffaloe Creek.
In Maryland. From Annapolis by Rock Hall to Chestertown. In Virginia. From Randolph court house, to Frankfort. From Genito by Carrell's store to Amelia court house, from thence to Perkinsonville. From Prince Edward court house, by Hunter's tavern, to Lynchburg. From Lynchburg, by Campbell and Pittsylvania court houses, to Danville. From Smithfield by Sleepy Hole ferry, to Portsmouth. From Sleepy Hole to Suffolk.
In North Carolina. From Wilmington by Bullock's and Brown's stores, Sterlingville and the Red House, in Cabell county, to Caswell court house. From Richland by Old court house to Swansborough. From Raleigh by Paul's Ferry on Neuse, to Newbern. From Newbern by Little River at Richard's Crossings to Woodbury, to Beaufort at Dews, to Tarborough. From Greenville to Newbern in the state of South Carolina, to Allenville in the state of North Carolina.
In Georgia. From Darien by Tatham and Montgomery court houses, to Fort Wilkinson. From Washington in Kentucky to Cincinnati in Ohio.
In Indiana. From Vincennes to Cahokia. In Upper Louisiana. From St. Louis to St. Charles. In Orleans Territory. From Natchez in the Mississippi territory by Caddo's ferry, Caboola and Rapid Settlements, to Natchitoches. From Washington city by Athens in Georgia, to New Orleans, and from Knoxville in Tennessee, to the Tombigbee settlements in the Mississippi territory, so as to intersect the Post road, from Athens in Georgia to New Orleans, at the most convenient point between Athens and the said settlements.
NATH. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. March 3, 1805—APPROVED, TH: JEFFERSON.
IMPEACHMENT OF JUDGE CHASE. SATURDAY, FEBRUARY 9, 1804.
WILLIAM LEWIS affirmed. Mr. Dallas, Mr. W. Ewing and I, were counsel for John Fries at his request, and I believe by the assignment of the court, on his trial in the year 1799. It was conducted, I believe, in the usual manner, and we were certainly allowed all the privileges that are customary on such occasions. The trial was had before Judges Iredell and Peters. He was convicted and a new trial was ordered, because one of the jurors had manifested a prejudice against the people in general concerned in the insurrection, and against Fries in particular. This trial took place partly in April and partly in May 1799. At October session following, Mr. Dallas and I attended at Norris town, expecting the trial would again take place; but it did not. The proceedings on the first indictment were quashed by the district attorney, and a new bill was found at April term 1800, at which Judges Chase and Peters presided. Mr. Dallas and I appeared again as the counsel of Fries, at his request, and I believe we were assigned by the court, but of this I am not certain. On the morning of a certain day, which I do not now recollect, I entered the court room when the Judges were on the bench, and if I recollect rightly the prisoner was in the bar; but if he was not then there, I feel very sure that he soon was. The list of petit jurors was called over, and many of them answered. Whether his trial had been appointed for that day, I do not recollect; nor can I say whether he was brought up in consequence of such appointment or not. I will now state as accurately as in my power what took place on the occasion, premising that although my memory is a remarkably accurate one for a short time, it is far from being so after a considerable lapse of time. I will not, therefore, undertake to state the precise words used in the altercation which took place; but I am very confident that I shall not vary from the substance. When I say that I am thus confident, I beg to be understood as not undertaking to distinguish positively in all respects between what took place on the first or on the second day. Almost immediately after the jurors were called over, Judge Chase began to speak. At this time Mr. Dallas had not come into court. Judge Chase said, he understood, or had been informed, that on the former trial or trials, for it was impellible for me to know whether he
alluded to the case of Fries only, or of him and others, there had been a great waste of time in making long speeches on topics which had nothing to do with the business, and in reading common law cases on treason, as well as on treason under the statute of Edward the Third, and also certain statutes of the United States, respecting the resisting of process, and other offences less than treason. He also said, that to prevent this in future, he or they, I do not precisely recollect which, had considered the law, had made up their minds, and had reduced their opinion to writing on the subject, and would not suffer these cases to be read again; and in order that the counsel, but whether for the prisoner, or the counsel on both sides, I cannot say—might govern themselves conformably, he had ordered three copies of that opinion to be made out, one to be delivered to the prisoner's counsel, one to the counsel in support of the prosecution, and the other, as soon as the case was fully opened, or gone through, I cannot say which, to be delivered by the clerk of the court to the jury. I rather think that the expression was, fully gone through.
Mr. Randolph. And this, Sir, before the counsel had been heard?
Mr. Lewis. I have said Mr. Dallas had not yet come into court, and as to myself I had not at this time said a single word. I think it was at or about this time, that Judge Chase handed, or threw down to Mr. Caldwell, clerk of the court, one or more papers; but whether I saw them pass immediately from the hands of one to the other, I am not certain. Mr. Caldwell reached one of the papers towards me. If I took it in my hand, I did not read a single line of it. I remember well that speaking aloud, but whether addressing myself to the court or not, I am not positive, and either waving my hand, or throwing the paper from me, I used this expression—"I will never permit my hand to be tainted with a prejudged opinion in any case, much less in a capital one." If Judge Peters made use of a single expression on the first day, I either did not hear him or do not recollect it.
Judge Chase, when speaking of the authorities at common law, and those under the statute of Edward the Third, and I believe of the acts of Congress, said, he would not suffer them to be read again. I am sure he said he would not suffer the decisions at common law, or under the statute of Edward the Third to be read. I am not altogether certain whether he did or did not say the same thing as to the statutes of the United States; but I am perfectly sure that he did say they had nothing to do with the question, and that he expressed himself in strong terms of disapprobation either at their having been read or permitted to be read on the former trial. I am not certain whether some parts of this as well as of that which I am about to mention occurred on the first or the second day.
Judge Chase said, I think on the first day, that they were judges of the law, and if they did not understand it they were unworthy of their seats, or unfit to sit there, and that if the prisoner's counsel had anything to say, to show that they had mistaken the law, or that they were wrong, the counsel must address themselves to the court for that purpose, and not to the jury. I made some observations in answer, which it is impossible for me in all respects to particularly recollect, as having passed at this time, since some parts of it may perhaps have taken place in other stages of the business. At this time Mr. Dallas was not in court. I was struck with what appeared to me to be a great novelty in the proceeding, and as I was extremely anxious to be of service to Fries, I was desirous that Mr. Dallas might be present. I think I went out of the bar to get some body to go for him, and while I was out of the bar, he entered the room. I briefly stated to him what had taken place, or some parts of it; but I believe not the whole. We came forward, and we made some remarks which I am unable to repeat. I was early struck with the idea, that as the court had made up their minds, and decided the question of law, before the jury was sworn, or the witnesses or counsel heard, it was not likely we should alter that opinion by any thing we might say, and that we should probably render Fries more service by withdrawing from his defence, than by engaging in it. We told him so, and earnestly recommended to him to pursue that course. He appeared greatly alarmed and extremely agitated, and much at a loss what determination to come to. We, however, told him, that, if he insisted on it, we would proceed in his defence at every hazard, and contend for what we deemed our constitutional rights as his counsel, until stopped by the court—or we used expressions to this effect. His state of alarm and apprehension scarcely left him the power to decide for himself. After some time he acquiesced in our advice; said he had nobody to depend on but us; that he was sure we would do our best for him, and he would leave us to do for him as we pleased. Being very anxious for him, we told him we would call upon him at the jail, and satisfy his
mind as to the course which we wished him to pursue. He finally agreed to our proposal to withdraw, but as we were apprehensive that the court might assign him other counsel in our place, and that our views might be defeated by such an arrangement, we advised him against accepting any, and I understood that he afterwards did refuse to accept of my other counsel. I will not assign my reasons for giving this advice, as it might perhaps be improper, unless I am directed by the court.
Mr. Martin asked what those reasons were?
The President desired the examination to proceed on the part of the House of Representatives; and said when that was closed, the witness might be examined by the counsel for Judge Chase. Mr. Lewis. It being thus determined that we should withdraw, and that Fries should not accept any counsel that might be assigned him, I left the court, expecting to have little or nothing more to say, as we were no longer counsel for the prisoner. The next morning, soon after the court was opened, and, I believe, when the prisoner was in the bar, Judge Chase addressed Mr. Dallas and myself, and probably Mr. Rawle, and asked us if we were ready to proceed? I answered, that I was not, or that we were not any longer counsel for the prisoner. He asked our reasons for this, and I began to answer by mentioning what had taken place the day before; on which he and Judge Peters certainly manifested a strong disposition that we should proceed in the prisoner's defence, and that they would remove every restriction, which had been previously imposed. I was stopped in what I was about to say by Judge Chase telling us to go on in our own way, and address the jury on the law as well as the facts, as we thought proper; but at the same time he said it would be under the direction of the court; and at our own peril, or the risk of our characters if we conducted ourselves with impropriety. This had rather a contrary effect on my mind than that of inducing me to proceed, as I did not know that there had been any thing in my conduct so indecorous as to make it necessary to remind me, that if I proceeded it should be at my own peril and risk of character; and this expression, therefore, rather strengthened than lessened the determination which I had taken.
I have said if Judge Peters made use of a single expression on the first day I did not hear it, or have forgotten it. On the second day he spoke, and joined Judge Chase in urging us to proceed, in the prisoner's defence. He told us we might take as large a scope as we pleased; said he knew the Philadelphia bar would take the lead; and asked, if they [the Judges] had committed an error or got into a scrape, would we not permit them to get out of it? I mentioned in this or some other stage of the business, that I deemed it the constitutional right of the prisoner to be heard by himself or counsel in his defence. That it was the constitutional right of the jury to hear counsel on the law as well as the facts; that it was their constitutional right to pass between the prisoner and his country on both, and that it was the constitutional right of counsel to be heard by the jury on the law as well as the facts. If I did not deliver myself in these precise words, I am confident that the substance is the same, and that there is no material difference in the sense. I also mentioned that I considered this a great constitutional right, which should never be surrendered or sacrificed by me. Of this expression I am sure. And I added that I never had, nor ever would in a criminal prosecution address a court either on the law or the facts: In this I find however that I was mistaken; for I since recollected, though from the hurry of the moment I did not then, an instance where in a criminal case I did address the jury on a point of law, which was separate and distinct from the facts. Judge Peters remarked that no harm could arise from the papers, [containing the opinion of the court] as they, or the copies had been called in or collected, and either burnt or destroyed. To this I answered, that although the papers were or might be destroyed, the opinion which the court had formed, without hearing the prisoner's counsel, still remained, and could not be erased from their minds, and would be as injurious to my client [the jurors being present and having heard what had passed] as if the papers had not been destroyed.
When Judge Chase said that we should read no common law authorities, or decisions under the statute of Edward the third, before the revolution in England, I said that we meant to contend that what was the law of treason in England under the head of "levying war," was not in all respects law here; that we did not mean to cite any cases before the English revolution to prove what the law of treason was, or for any other purpose than to show the dangerous lengths that the Judges had gone while they were corrupt and dependent on the crown; that, although since the revolution in England the Judges had been independent and upright, they had in a
variety of particulars held themselves bound by a train of former decisions which had taken place in bad times; but that the Judges in this country in the continuation of a new instrument of our own defining the offence of treason, were not bound by any of the decisions or constructions which had taken place in England under the statute of Edward the third; and that the authorities we meant to cite were intended as a guard against the dangerous constructions which had prevailed in that country. It was not therefore to show what the law was, but to guard against the dangers of constructive treason; and to show that our Judges were not bound by the English decisions, that we had read them before and intended to read them again. This principle we contended for before, and meant to contend for again; and we were principally led to it, from Mr. Sitgreaves, who had assisted the district attorney on the former trial, having begun by stating "that the words of our constitution respecting treason are taken from the 25th Edward 3d, and therefore the people of this country had, by adopting the words of that statute, adopted all judicial determinations under it." This position we could not agree to, and the cases which had been read were merely intended to show and guard against the dangerous lengths to which we should be carried, if it were admitted to be true. Judge Chase asked if the counsel offered to read cases from any foreign country, (mentioning several with whom we had never been connected) was the court to permit them? We in reply said that we had not cited such cases on the former occasions, and it was not likely that we should attempt it now.
Finding that Mr. Dallas and I were determined not to proceed in the prisoner's defence, Judge Chase said, if we intended to embarrass the court, we should find ourselves mistaken, as they would proceed without us, and by the blessing of God render the prisoner as much justice, as if he had the aid of our counsel or assistance. Both the judges, therefore, on the second day even took pains to induce us to proceed in the defence with liberty to go through the whole question as well in relation to the law as the facts; but we absolutely refused, believing it not likely that any arguments we could urge, would change the opinion of the court already formed, or destroy its effects, and also believing that after what had taken place, the life of Fries, even if he should be convicted, would be exposed to less jeopardy without our aid than it would be if we should engage in his defence.
Mr. Nicholson. You say that on the first trial of Fries you were allowed the usual latitude. What do you mean by usual latitude?
Mr. Lewis. We were allowed to address the jury on the law as well as on the facts. We were allowed the privilege of reading to the jury all such law authorities as we thought applicable, and as might, under the direction of the court tend to satisfy them, that the doctrine contended for on the part of the prosecution was not well founded. We met with no restraint or interruption, not having that I know of given occasion for either.
Mr. Nicholson. Were you on the first trial allowed to read the statutes of the United States?
Mr. Lewis. Unquestionably—I have the notes in my pocket from which I spoke on that occasion, which I can produce if desired.
Mr. Nicholson. Were you allowed to read cases before the revolution as well as since?
The President desired Mr. Randolph to reduce his question to writing. While Mr. Randolph was engaged in penning it,
Mr. Chase said he had no objection to the question being put. In the mean time the question in writing had been handed to the chair, and been read by the clerk.
The President said the objection being withdrawn, the question would be put unless objected to by any member of the Senate. No objection being made, Mr. Lewis answered. No, I did not—It was entirely novel to me.
Mr. Randolph. And yet you have been present at criminal trials, at trials for treason, when there was a vast number of civil actions on the docket?
Mr. Lewis. Criminal trials for capital offences are generally tried before the court of oyer and terminer in Pennsylvania, where there is seldom much interference with civil suits. At the circuit court of the United States in 1794 there were I believe many civil cases. Judges Iredell and Peters presided. I do not know, or believe that the circumstance of their being civil cases occasioned the least variation in the mode of procedure in the criminal case.
Mr. Lewis said he had one thing further to state, that Mr. Dallas and he withdrew from a desire to save the life of John Fries, and because they thought it most likely that it would be effected by doing so, and not because they were influenced by any other considerations, and that had it not been for this consideration, he would have persisted in the exercise of what he deemed his professional rights until he was actually stopped by the authority of the court.
Mr. Harper. Did you not appear for Vigol?
Mr. Lewis. I did. Mr. Harper. With what overt acts was he charged?
Mr. Lewis. The overt act was levying of war, particularising the time and place.
Mr. Harper. I will ask you whether on the trial of John Fries in 1799, in which Mr. Dallas and you appeared as his counsel, you did not make this point of law—that to resist by force the execution of a particular law of the United States does not amount to treason, but to riot only? Or what was the point of law?
Mr. Lewis. On the first trial of Fries we made this point of law. Before the trial before Judges Chase and Peters came on, I had considered the subject with great deliberation, and my determination was to insist, that, although resisting the laws generally or even a particular law respecting the regular forces or militia of the nation was treason, yet that resisting any other particular law was not treason.
Mr. Harper. Was not the same point made on the first trial?
Mr. Lewis. It was. Mr. Harper. Was it not ruled by the court that such acts amounted to treason?
Mr. Lewis. It was. Mr. Harper. When then the court granted a new trial did they express any doubt on this point, or was it not granted on a collateral point?
Mr. Lewis. The new trial was granted solely on a collateral point. Mr. Harper. How long did the trial last?

Mr. Lewis. I believe there is no doubt of the fact.
Mr. Randolph. I understand you to say that by withdrawing from the defence of Fries, and the not having counsel assigned him, you expected to serve your client. Wherefore did you think the cause of your client would thereby be served?
Mr. Lewis. It appeared to me that the conduct of the court justified us in withdrawing, after not being suffered to go on in the usual manner, and I thought it more probable that a man, thus convicted, would be pardoned by the President, than that we should be able by any thing we could say, to alter the opinion of the court.
Mr. Nicholson. Were the jurors present?
Mr. Lewis. They were—they were called over as usual, but I do not know that they were called for the trial of Fries. It was I believe usual to call over the list on the morning of each day.
ALEXANDER J. DALLAS, sworn.
Mr. Dallas. I will endeavour to be correct in the statement which it is my duty to give; and I am sure that I shall be substantially so, though I cannot promise to place the facts precisely in the order of time, in which they occurred; nor to recite the very words that were used by the several parties, in the course of the transaction.
When the Northern Rioters were brought to Philadelphia, in the spring of 1799, some of their friends applied to Mr. Ingersoll & to me, to undertake their defence. Mr. Ingersoll was then attorney general of Pennsylvania; and on consideration, I believe, declined the task. Mr. Lewis, either before or after this application, was also requested to act as counsel for the prisoners; and upon his acquiescence we repaired to the prison, to make the necessary arrangements preparatory to a trial. Mr. Wm. Ewing had been engaged by several of the Rioters; and we agreed to unite in the defence, as the same general facts and law, applied to all the cases.
In April term 1799, the first trial of Fries took place. It was conducted with great propriety throughout by the court, and by the prosecuting officer; and the counsel of the prisoner were permitted to address the jury at large, on the law and the facts; as well as to cite every authority which they thought proper. Fries was convicted; but on a motion made by Mr. Lewis and I, the verdict was set aside, and a new trial awarded.
The second trial of Fries, upon a new indictment (the first having been discontinued by Mr. Rawle) occurred in May, 1800. Mr. Lewis and I had again, at his request, been assigned by the court, to defend him. On the morning fixed for the trial, I entered the court-room some time after the court had been opened. Fries was standing in the prisoner's box: The jurors of the general panel appeared to be in the jury boxes: And the hall was crowded with citizens. On my entrance, I perceived Mr. Lewis and Mr. E. Tilghman engaged eagerly in conversation, and the gentlemen of the bar, generally, seemed to be much agitated. As soon as Mr. Lewis saw me, he hastened towards me, on the outside of the bar; and told me in effect, "that a very extraordinary incident had occurred; that Mr. Chase, after speaking in terms of great disapprobation of the defence, at the former trial, declared that the court, on mature consideration, had formed, and reduced to writing, an opinion on the law of treason, involved in the case; and that he should direct one copy to be delivered to the attorney of the district, another to the prisoner's counsel, and a third [after the opening for the prosecution] to the jury to take out with them."
Here Mr. Harper rose, and said:—Mr. President—surely it is improper that the witness should repeat what Mr. Lewis told him, not in court, nor when the Judge was present.
Mr. Dallas, turning to Mr. Harper, observed "Sir, I know the rules of evidence, and I mean to conform to them." Then turning to the Vice-President, he continued: "If Mr. President, the counsel's patience had lasted for a minute, he would have heard, that I repeated Mr. Lewis's communication to the court, and that it was not contradicted. What I have said was necessary to introduce that fact; and, surely, it is strictly within the rules of evidence."
Mr. Lewis and I exchanged an opinion on the impropriety of the conduct of the court; we determined [as I thought when first recurring to my memory for the facts and as I still think, though I wish not to speak positively] to withdraw from the defence; and we went into the bar together. When there, something occurred, which called for attention on our part; and Mr. Lewis informed the court in effect "that there was little dispute about the facts in the case; and that as the court had deliberately prejudged the law, he could not hope to change their opinion, nor to serve his client; while a submission to such a proceeding would be degrading to the profession." It was, then, I think, that I stated to the court, the information, which I had received from
Mr. Lewis [but certainly it was either then, or as it has been suggested to me, by a respectable gentleman of the bar, at the opening of the court on the next day] and I paused, to give an opportunity for contradiction, or explanation. For, although I had no doubt of Mr. Lewis's intention to deliver a correct representation of what had passed, it was possible, that I might myself have mistaken the import of his communication. I cannot now state all that Mr. Lewis told me; but, I am confident, that I then repeated it all to the court. No remark being made, in consequence of the pause, I proceeded to state a few comparative observations on the province and rights of the Judge, and the province and rights of the advocate; and concluded with declining to act any longer as counsel for the prisoner. The court was from afterwards adjourned.—These are all the material occurrences of the first day, which I recollect; except, perhaps, that soon after I came into court, I heard Mr. Peters remark to Mr. Chase: "I told you what would be the consequence. I knew they would take the stand."
On the next day, the court was opened, Fries was placed in the prisoner's box, the jury attended, and the number of spectators were increased. Silence being proclaimed, Mr. Chase asked, "if the prisoner's counsel were ready to proceed on the trial;" and Mr. Lewis and I, successively, declared, that we no longer considered ourselves as the counsel of Fries. Mr. Peters then, as well as at other times, expressed a great desire that we should overlook what had passed; he told us that the papers delivered the day before had been withdrawn, and that he did not care what range we took either on the law, or the fact. Mr. Chase also said: "The papers are withdrawn; and you may take what course in the defence you please; but it is at the hazard of your character." I thought the expression was in the nature of a menace; that it was unkind, improper, and unnecessary. Mr. Lewis observed, in effect: "You have withdrawn the papers; but can you eradicate from your own minds the opinion which you have formed; or the effect of your declaration on the attending jurors, a part of whom must try the prisoner?" Mr. Chase said: "If you think to embarrass the court, you will find yourselves mistaken." He then asked Fries, if he chose to have other counsel assigned? Fries answered, that he did not know how to act, but that he thought he would leave it to the court and the jury. On which Judge Chase exclaimed; "Then, we will be your counsel; and, by the blessing of God, do you as much justice, as those who were assigned to you." Mr. Lewis and I had visited Fries in prison during the preceding afternoon; we had told him our determination to withdraw from his defence, unless he and his friends wished us to resume it; and we declared it to be, in our view of the case, his best chance to escape, as we could entertain no hope of changing the opinion of the court. He, finally, left the matter to us; and, I think, Mr. Lewis, in my hearing, with my concurrence, advised him not to accept other counsel, if the court should offer to assign them. The rest of the fact, as stated by Mr. Lewis, corresponds so precisely with my recollection, that I presume, after this recognition, it is unnecessary to repeat them. I wish it, however, to be properly understood, that on the second day, both the judges were extremely anxious to prevail on us to proceed in the defence; and, as I understood, withdrew all the restrictions of the preceding day. We persisted, however, in our determination; because after what had happened, we deemed it the best chance to save our client's life; and not because we wished (as has been insinuated) to bring the court into disgrace or odium. Fries was, accordingly, tried, and convicted without counsel.
It is, perhaps, proper to state, what passed on the first trial of Fries, as it has been much misunderstood, or misrepresented. The general course of argument, on the facts, was an endeavor to shew that the acts of Fries and his companions amounted to nothing more than a riotous opposition to the direct tax officers, or obstruction of the marshal in the execution of process; and the use of a particular description of prisoners, whom the marshal had arrested. We drew to our aid, in this part of the discussion, the sections of the penal law, and the sedition act, which provided for the punishment of such offences, distinct from the crime of treason. The general course of our argument, on the law, was an endeavor to shew, that the offence did not amount to an act of levying war against the United States. The constitution defines that to be the only treason that can be committed; and neither the legislature, nor the court, can amplify, or alter, the definition. The words of the constitution, however, require a practical exposition. This exposition can only be obtained by a consideration of the natural, the familiar, and the reasonable import of the words themselves, or by a reference to the glossary of the English decisions on the same branch of treason, expressed
in the same terms, the English statute of Edward 3. The glossary of the English decisions ought not to be relied on. It is true, that since the English revolution of 1688, and, particularly, since the statute of William 3, (which first gave judicial freedom to the English bench) the judges of England have been independent, as well as wise and virtuous; and implicit confidence may be reposed in their judgments, upon all matters originally submitted to their jurisdiction. But the English judges, since the revolution of 1688, are bound to administer the law, according to the precedents established by the English judges, before that revolution; although, either in criminal, or in civil matters, if the question were res integra , they would themselves, have decided in a different way. Hence, the counsel of Fries were induced to cite common law authorities, and authorities under the statute of Edward 3, to shew (not what the law of England was or ought to be, not what the law of the United States was, or ought to be, but) what had been the extravagance of dependent judges, in letting the precedents, which the independent judges of England were bound to follow. Among other books they read Blackstone's Commentaries, where in illustration of a positive or imputed treason, the comments on the cases [under the statute of Edward 3] of one man being hung as a traitor, for saying that his son was heir to the crown, because he was himself the owner of a tavern, with the sign of the crown; and of another man's meeting the same fate, because he wished the horn of his buck, which had been killed by the king, in the belly of the monarch. These were, indeed, the illustrations of Blackstone, and not of Fries's counsel; but what professional man need be ashamed, to be supposed capable of resorting to the same authorities, to enforce an argument, which Blackstone had employed! Tho' the English judges were thus bound by precedents established in very bad times of the juridical history of England, Fries's counsel contended that the American judges were not under the same obligation; and that the era of our federal constitution furnished a favorable opportunity to emancipate ourselves from the trammels of constructions given to the words of our constitution by corrupt and dependent courts, before the English revolution. Reiterating, then, to the natural, familiar, and reasonable, import of the words, it was urged, in defence of Fries; on the first trial; that it was not a case of treason, but of riot, obstruction of process, and refusal of prisoners; that the discrimination in the offences, was marked by the very distinct nature of the actions; and that the sedition act having treated the latter case, as a case of misdemeanor, it was a legislative construction, that it was not a case of treason. There was full ground enough for the constitutional provision to occupy (an attempt by force to subvert the government, to defeat the legitimate operation of its principal departments, to attack, or to resist, its military power, &c.) and, after the passing of the sedition act, it might be presumed, such ground alone was intended to be occupied.
On this course of argument, we could not ascertain the opinion of the court, nor how far the case of the Western insurrection would be deemed to apply, till the charge was pronounced. But, after hearing the charge, and after a new trial was granted, I confess the whole force of my mind was bent to shew, on the new trial, the strong distinction between the cases of 1794, and those of 1799; and that, even in England, there was no authority since the revolution of 1688, for construing the offence of Fries to be treason, unconnected with the obligation of the judges, to conform to the previous adjudications.
The President. Both you and Mr. Lewis have stated, that the jury were present when the written opinions of the court were handed to the clerk: Could they hear what passed on the occasion?
Mr. Dallas. Undoubtedly, Sir, I do not mean, however, the jury who tried Fries; but the general panel of jurors, from whom Fries's jury might have been taken.
(To be continued.)
FOR SALE.
ON FRIDAY THE 22ND INSTANT,
WILL be offered at public sale, for ready money, at the present dwelling of Mrs. ELIZA PEACOCK, opposite Mr. Lewis Morin on the Pennsylvania avenue, sundry articles of
HOUSEHOLD & KITCHEN FURNITURE, And a collection of Books.
The sale to commence at 11 o'clock, A. M.
N. B. Mr. Peacock having been in the habit of lending out almost indiscriminately, a number of books, and to whom it is impossible to recollect—it is requested that any person having any of those books will return them to Mrs. Peacock as early as possible.
Any of the above articles may be had at private sale on application to
ELIZA PEACOCK. City of Washington, March 18—32
WASHINGTON CITY.
MONDAY, MARCH 18.
Departed this life, on the 6th inst. MRS. SARAH W. WOOD, wife of Col. James G. Wood, Nottingham, Prince Georges county, in the 26th year of her age. It will doubtless be indulging to the feelings of distant relatives and friends, to be advised that the indisposition of Mrs. Wood had been formidable for many months anterior to the early part of February, when she seemed to be arrested by the messenger of death.
Under an increasing illness, she was sensible of her approaching end—If any disposition prevailed to deal with the florid style of panegyric, the character of Mrs. Wood, under the endearing offices of a daughter, wife, friend, neighbor and mistress, would afford a rich and abundant theme; but declining the coelestine eulogy, it would be injustice, not to add, that she crowned all the amiable virtues, by a fervent love of her Redeemer, and an exemplary conformity to his divine precepts and authority—from her laudable life, and triumphant death, per qualities of the most comfortable joy and consolation, and amply offered to the disturbed bosom of a fond husband, charged with the tender care of a small son, and infant daughter. In the memory of her neighbors, her virtues will have a lasting bloom; while those who are busy in the wild careers of life, may here peep into the graves, and read the most useful exhortation.
"Make the extended skies your tomb; Let stars record your worth; Yet know vain mortals all must die, As Nature's fickliest birth."
New York, March 11.
By the ship Maria, captain Main, we have received French papers to the 10th of January, but we do not perceive that they contain any thing of an interesting nature. We are informed verbally, that they produce expected from America, was generally in demand, and high.
An article in the French paper called the Journal of Commerce, of the 9th of January mentions, that news from Barcelona, states, particularly, that the Spanish convoy from Barcelona to Port Mahon (which had put to sea on an assurance from the British that they would not be molested) had been captured by an English ship of war, 16 leagues from Port Mahon. This convoy consisted of three sail, having on board a regiment of volunteers. The officers and their wives were kept on board the Spencer man of war, to be sent on shore.
Bank of Columbia.
THE Board of Directors having this day declared a dividend for the half year ending the 20th inst. at the rate of Eight per cent. per annum. The same will be paid to the Stockholders or their representatives, on or after Wednesday the 20th inst.
WILLIAM WHANN, Cashier. March 18—6w
FOR RENT.
THAT large and convenient three story BRICK TAVERN, in the city of Washington, fronting on the President's Square, lately occupied by Mr. W. S. Rhodes. To a good tenant it will be let on very low terms, and immediate possession given. For terms apply near the George Town college, to MARY ANN FENWICK. March 18—rawgt
NOTICE.
THIS is to give notice, that the subscribers of George Town, both obtained from the Orphans court of Washington county, in the district of Columbia, letters of administration de bonis non, on the personal estate of William Deakens, jun. late of said town deceased. All persons having claims against the said deceased, are hereby warned to exhibit the same with the vouchers thereof to the subscriber at or before the 18th day of October next, they may otherwise by law be excluded from all benefits of the said estate. Given under my hand this 18th day of March, 1805. JOHN HOYE, admr d' B. N.
NOTICE.
THIS is to give notice, that the subscribers of George Town, have obtained from the Orphan's court of Washington county in the district of Columbia, letters of administration de bonis non, on the personal estate of Francis Deakens, late of said town 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 18th day of October next, they may otherwise by law be excluded from all benefits of the said estate. Given under our hands this 18th day of March 1805. JOHN HOYE, and LEO M. DEAKENS, Executors. ALL persons indebted to either of the said Deakens, estates, are requested to make immediate payment to the administrator and executors. JOHN HOYE, March 18—rawgw
A Stray Cow.
TAKEN up about the first of January near Mrs. Cuffee's, a RED COW, with white under her belly, white legs, and the tip of her tail white, she has two dots on her left ear, and a star on her forehead. As owner may have her again on proving property, and paying charges, on application to the subscriber living on the plantation, formerly occupied by Mr. Downs. JOSEPH THOMAS. March 18—32
A GREAT BARGAIN.
THE Subscriber will sell at private sale and give possession immediately, the PAINT MILLS, on a never failing stream of water, with about 30 or 40 acres of LAND, the greatest part fit for cultivation, part in clover, and eight or ten acres more will be sown this spring—The MILL HOUSE, is a large stone house 28 by 44, two stories high, with one pair of stones now running; and an O.L. MILL in one end of the same house. The above house is calculated for an water wheel, and is intended for a Merchant Mill, but has not been finished—there is an excellent SAW MILL, so convenient to the Grist Mill that one miller can read them both—there is a WHISKY DISTILLERY with every convenience for making whiskey, with two stills and a boiler—there is a log dwelling house 16 by 18 with a kitchen, back kitchen's shop and stables. The purchaser can be accommodated with 50 or 150 acres of good land, part of it well timbered, adjoining the above mill with a good apple orchard and very comfortably improved. The above property lies in Prince Georges county, on the Big Paint Branch, about six and a half miles from Bladensburg, ten from the city of Washington, and one and a half from the stage road leading from Bladensburg to Annapolis. THOMAS EDMONDSON, jun. March 18—rawgt
DIOMED.
This extraordinary horse, in as high health and vigor as he has ever been since his arrival in America, will stand the ensuing season at my stable, three miles below Richmond, on James river, and cover Mares at FIFTY DOLLARS the season, the money to be sent to the Mares; or ONE HUNDRED DOLLARS by insurance, the money for the insurance to be paid in October, and returned in every instance where the mare shall not prove to have been in foal (except the property shall be changed) and all mares sent to Diomed in season, which proved not to have been in foal, are at liberty to come this season, gratis. Notes of hand for the insurance will be expected, to accompany the mares. The season commences the 1st of March, and ends the 1st of August. The pastures and inclosures are good and secure; the Ardent attention will be paid all mares, particularly those in foal and those with colts, who shall have inclosures suitable to their condition—no responsibility for escapes or accidents. The great size, figure and performance; on the turf, added to the high prices which his colts command, gives him a decided superiority over any station in America. To say nothing of the number of his colts who won in 1803, (the first season they appeared on the turf) which greatly surpassed (in number) those of any other horse, although he came to America many years after several stallions of high fame. In 1804 we find Mr. Tayloe's Hamiltonian winning five times, Mr. Home's Peace Maker four times, Mr. Selden's Lavinia three times, and Sting four times, Mr. Wyllie's Mark twice, Mr. Ball's Florizel, three years old, winning two sweepsstakes, which produced his owner 4000 dollars, and many other good racers. Mr. Ball has refused for this colt 5000 D's. Hamiltonian was sold in May last for 4000 D's—Peace Maker was sold in October last for 2700 D's—Lavinia in November for 2100, and 2000 refused for Sting. PEDIGREE.
DIOMED was got by Florizel, one of the best sons of King Herod (his dam by Spectator, sifter to Juno, (the dam of Dragon and Young Eclipse) his granddam (sister to Horatius, by Blank,) his great granddam, Feather's dam, and full sister to the granddam of Cygnet and Blossom, by Children, out of Miss Belyoir, by Grey Gramham, Paget, Turk, Beoley Percival, Leeds, Arabian. MILES SELDEN. Free Hill, March 6—wgt
TO LET.
THE House now in the occupation of Mr. JOHN WALL, situated on Eleventh Street, west, between the Branch Bank and Theatre, containing 10 rooms, piazza and portico, carriage house, stable, smoke house, pump, of good water, and a good garden. Possession may be had immediately. For terms apply to the subscriber near the premises. PETER LENOX. March 13—rawgt
CIDER, FOR SALE.
JUST received from Rhode Island, and for sale by the subscriber, a quantity of very good CIDER at the reduced price of THREE DOLLARS & FIFTY CENTS per barrel. Also a quantity of excellent CHERRY, a small part of which is oak, and of a superior quality. RICHARD ELLIOTT. March 6—wgt
Thirty or forty likely NEGROES,
Will be offered for sale for ready money at Loudon March court, on the first day of the court, before the door of Mr. Jones Inn keeper in Leesburg; where due attendance will be given by the subscriber, WILLIAM SYDNEY PAGE, Trustee of F. Fairfax. Jefferson county, Feb. 18—rawgt

PUBLIC NOTICE.
Pursuant to a resolution of the House of Representatives of the United States of the 28th of February last, I am ready to receive separate proposals, until the first day of May next, for the supply of such articles of Stationery as may be necessary for the service of the said House, at and during the next session of Congress, and also like proposals, for the execution of all the Printing business of the said House, during the same session. The several species of Stationery and Printing wanted, are subjoined to this advertisement, and the proposals must be accompanied with the names and residence of sufficient securities for performance.
JOHN BECKLEY, Clerk to the House of Representatives of the United States.
City of Washington, 11th March, 1805.
STATIONARY WANTED.
 Letter paper, hot pressed, vellum, extra large, } per ream.  Do. do. plain, } per ream.  Folio post, wove and plain, } per ream.  Do. medium size for engrossing, } per ream.  Quill cap, } per ream.  Ready made pens, per hundred, and quills per hundred.  Best Dutch red wax, } per lb.  Do. black do. } per lb.  Red wafers, } per lb.  Common black sand, in papers, and } per dozen.  Water boxes and pounce boxes, per dozen.  Inks and tands, per pair.  Half pint phials with corks, } per dozen.  Low priced folders, } per dozen.  Lead pencils, } per dozen.  Red tape, in pieces, } per dozen.  Ink of the best quality, per gallon.  Indian rubber, per bottle.  Parchment in skins, per dozen, cut, dressed, and pounced for use, 28 by 32 inches.  Office penknives, and crasing knives. 
The supply of these articles must embrace, a possible demand, to the value of 3,500 or 4,000 dollars, for the session. It is desirable that specimens of paper, quills and parchment should accompany the proposals; and, in every instance, articles of American manufacture, of equal quality with, and not exceeding the price of similar imported articles will be preferred. A security equal to 8,000 dollars will be required.
PRINTING WANTED.
 Plain work, per sheet, octavo 300 impression of each sheet.  Bill's numbered per line, in sheet or half sheet, folio.  Figure work, } in octavo, and in folio, same number of impressions.  Rule and figure work, } in octavo, and in folio, same number of impressions.  Table work, } in octavo, and in folio, same number of impressions.  Folding and stitching per hundred, for any number of documents exceeding three half sheets, and thence to twenty half sheets, and for all above.  Book binding in boards, } per folio and octavo volume, marked sheep, } and lettered. 
In every instance, the printer supplies the paper as well as the work, duly folded and stitched, and no possible delay is to occur, in the daily execution and delivery of the work, so that in all cases where it is practicable, the document ordered to be printed on a given day, may be ready for delivery, the next morning at the hour to which the House stands adjourned. No extra allowance will be made for working on Sundays, holidays, or after night; these must be considered by the contractor, in the price per sheet. The contract must embrace a possible amount of work, during the session, equal to 10,000 dollars, and the security required will be to the amount of 20,000 dollars.
JOHN BECKLEY.
March 13—ep3w
By virtue of an order from the Orphan's court of Prince George's county, State of Maryland, will be exposed to public sale on Saturday the 30th inst. at the late dwelling house of Peter Wood, jun. late of said county deceased. The household furniture of the deceased, consisting of beds, chairs, tables, &c also part of the stock, consisting of sheep, hogs, and cattle. The terms of sale are twelve months credit, the purchaser, or purchasers to give bond with approved security bearing interest from the day of sale.
JOHN T. WOOD, Administrator. March 13—6t
RAGS.
THE highest price CASH, given for clean RAGS, by EDGAR PATTERSON, George town, and SAMUEL STETTENIUS, near the Centre market, Washington. March 8—tf.
Young Ladies Academy.
MRS. O'REILY respectfully informs her friends and the public that she has removed her academy from Baltimore to Alexandria, where she will receive young Ladies who shall be taught the English and French languages grammatically; writing and arithmetic; history, geography and the use of the globe; music, drawing, and all kinds of work, viz. embroidery in chenilles, gold, silver, silk, &c. composing figures, historical and ornamental, landscape, flowers, fruit, birds, &c. maps wrought in silk, chenilles, gold, &c. print work in figures or landscapes; cloth work in fruit, birds, flowers, &c. finger and varnishing in water, pyramids, baskets, tea caddies, oranges, &c. grotto and shell work, artificial flowers, tax hor and desien, crots flitch, tent stitch, tapestry, &c. gauze and peal work, painting on velvet, busle, silk, vellum, &c. Her terms are 100 dollars per annum for board and tuition. For music 18 dollars per quarter. Drawing 8 dollars per quarter. Washing 8 dollars per quarter. Every young Lady furnished by Mrs. O. R. with bed and bedding will be charged 4 dollars per quarter. March 8—tf.
TO PRINTERS.
THE subscriber takes Order for Type from the well known Foundry of William Callin, jun. and Co. London—Specimens and list of London prices to be seen at Mr. Geo. W. Riggs, Georgetown. CHARLES WIRGMAN, No. 215, Market-street, Baltimore. Jan. 16. tf.
ADAM KING, & Co.
AT their wine Store in High street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual, will be attended to with the utmost attention, George Town, November 5—tf.
NEGROES FOR SALE.
IN pursuance of a decree of the high court of Chancery of Maryland, the subscribers will sell at public sale on Thursday the 4th day of April next, at the late dwelling place of Mrs. Margaret Bowie, near Nottingham, in Prince George's county, 11 negro slaves, ALL of them young and likely. The sale will begin at 12 o'clock, and be for cash.
PHLEMON L. CHEW, } Trustees. RD MARSHALL, } March 8—3w.
Twelfth, at Fort Jay, Well Point, Albany, Shenechady, and at any place or places, where troops are or may be stationed, marched or recruited, within the state of New York, Niagara and its dependencies excepted.
Thirteenth, at Fort Trumbull, Fort Wolcott, and at any place or places, where troops are or may be stationed, marched or recruited, within the states of Connecticut, Rhode Island, and Vermont.
Fourteenth, at Fort Independence, (Boston harbour) and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Massachusetts, the town of Springfield, and the district of Maine, excepted.
Fifteenth, at Portsmouth, Portland, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of New Hampshire and the district of Maine.
Sixteenth, Proposals will also be received as aforesaid, for the supply of all rations, which may be required by the U. States, for the troops which are or may be stationed, marched or recruited within the town of Springfield in the state of Massachusetts, & for the armourers and other persons employed in the United States' armoury at that place, from the 1st day of January 1806 to the 31st day of December in the same year, both days inclusive.
A ration to consist of one pound and one quarter of Beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations. The prices of the several component parts of the ration shall be specified; but the United States reserve the right of making such alterations in the price of the component parts of the ration aforesaid, as shall make the price of each part thereof bear a just proportion to the propotioned price of the whole ration. The rations are to be furnished in such quantities, that there shall at all times, during the term of the proposed contract, be sufficient for the consumption of the troops at Michilimackinac, Detroit, and Chicago, for six months in advance; and at each of the other posts on the western waters, for at least three months in advance, of good and wholesome provisions, if the same shall be required. It is also to be permitted to all and every of the commandants of fortified places or posts, to call for, at seasons when the same can be transported, or at any time in case of urgency, such supplies of like provisions as advance, as in the discretion of the commandant shall be deemed proper.
It is understood that the contractor is to be at the expence and risk of issuing the supplies to the troops, and that all losses sustained by the depredations of an enemy, or by means of the troops of the United States, shall be paid by the United States at the price of the articles captured or destroyed as aforesaid, on the deposition of two or more persons of creditable character, and the certificate of a commissioned officer, stating the circumstances of the loss, and the amount of the articles for which compensation shall be claimed.
The privilege is understood to be reserved to the United States of requiring that none of the supplies, which may be furnished under any of the proposed contracts, shall be issued, until the supplies, which have been or may be furnished under contracts now in force, have been consumed; and that a supply in advance may be always required at any of the fixed posts on the western, or Indian frontiers not exceeding three months.
H. DEARBORN, Secretary of War. March 8—taw6w
ROBERT CHERRY.
HAS removed his store, to the house of Mr. George Blagden New Jersey avenue on the Eastern Branch, where he has just received (in addition to his former stock) by the Schooner Island from Philadelphia a general assortment of groceries and liquors of superior quality, with a few boxes India china of the best quality eighty pieces to the set; all of which he will sell wholesale and retail at the most reduced prices for cash, or in exchange for country produce—All orders in his line will be executed with punctuality and dispatch; he flatters himself from the quality of his articles he will be able to render simple satisfaction to his friends and all those who may be pleased to favor him with their custom. All kinds of commission business will be attended to with the utmost attention. Washington city Dec 12—tf
THE subscribers have opened a PRO-CERY STORE in the house near the Capitol, lately occupied by Mr. JAMES D. BARRY—where they have for sale, low, for cash or in exchange for country produce.
 Genuine Cogniac brandy,  Inferior French do,  Old Jamaica spirits,  Madeira,  Sherry, } Wines, by the quarter cask  Lisbon, } and case, or smaller quantity  Claret, }  Brown Sugar, 1st and 2d quality  Loaf and Lump, do,  Molasses,  Firkin Butter,  Mould Candles,  Sweet Oil,  Spices of different kinds,  Pig Blue,  Starch,  Almonds,  Anchovies, } In bottles,  Capers,  Powder and Shot,  Excellent Wine Vinegar,  Gin,  Whiskey,  Hylon,  Imperial, } Teas, fresh, and of su-  Young Hylon, } perior quality.  Salt Herrings in Barrels. 
PETER HEALY, & Co. Washington October 31—tf
CAUTION!
I hereby caution all persons not to receive two notes of hand, drawn in favor of Mr. WM. LEVATT, dated March 13th 1805. endorsed by Messrs. Wm. Woodward and Orlando Cook, the one for about 36 dollars payable 9 months after date, the other for about 33 dollars, payable 12 months after date, as I am determined not to pay the same unless compelled by law.
JOSEPH HUDDLESTON, March 15—3t
PROPOSALS.
FOR PUBLISHING BY SUBSCRIPTION, A MAP OF VIRGINIA, Formed from actual Surveys, and the latest as well as most accurate observations.
BY JAMES MADISON, D. D. President of William & Mary College.
To which will be added
A MAP
Of the greater part of the state of OHIO, from actual surveys, including the whole of the Virginia Military tract; with all that part of the state west of the Ohio river, to the Indian boundary line.
The North-east corner of the map will be ornamented with an interesting
VIEW OF THE CITY OF RICHMOND.
The size of the Map will be 5 feet 6 inches in length, and 3 feet 8 inches in breadth. An ingenious and skillful engraver is engaged to execute the work, in a style not inferior to any similar work in the United States.
CONDITIONS.
The price to subscribers will be eight dollars, neatly mounted, colored, and glazed. One dollar, (to lighten the great expence of publication) to be paid on subscribing. To non subscribers, the price will be ten dollars. Copy right secured.
IN offering the above work to the public, the proprietors are sensible that excellence is not often attainable; but with candor and truth, equally remote, from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people.
A map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years.
The labor, expence, and apparent difficulties, in accomplishing so interesting a work, have deterred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar productions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well grounded belief, that the magnitude and utility of the work, would induce, if accomplished, a remuneration And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe she will view domestic productions, which prove eminently useful, with a generous pride.
Those gentlemen who take subscription papers are requested to return them to the subscriber, in Petersburg, by the first day of May.
The maps will be ready for subscribers, in the course of the ensuing summer. WILLIAM PRENTIS. Petersburg, Feb. 1805.
Subscriptions received by SAMUEL H. SMITH, and by several gentlemen with whom subscription papers are lodged. Feb. 20—Mar. 31
To THE PUBLIC.
DURING the present year, J. Ogilvie will continue to instruct youth in the city of Richmond. In addition to the various branches of literature and science heretofore taught in his school, his pupils will have an opportunity of studying the higher branches of mathematical science, a more extensive course of natural philosophy, the dead languages, and the French and Spanish languages. In teaching the higher branches of Mathematical science and the dead languages, J. Ogilvie will be assisted by Mr. Wood of this city, whose superior proficiency and skill in Mathematical and Physical science eminently entitle him to public patronage. The French and Spanish languages will be taught by Mr. Bonnadil, with whose ability and qualifications in the line of his profession, the citizens of Richmond are sufficiently acquainted. The arrangement, whilst they will considerably diminish J. Ogilvie's emoluments, will greatly enlarge the utility of the school. The principal advantages of schools conducted by a single teacher, are, the principal and uninterrupted pursuit of exertion, the dissipation of thought on aught such a variety of studies as almost to preclude the possibility of pre-eminent skill or proficiency in any one department of knowledge, and the consequent imperfection and incompleteness of the course. These disadvantages will be radically obviated by the preceding arrangements. Thus modified and extended, the plan of education which will be pursued in this school, will embrace probably, as comprehensive and complete a course of literature and science as can be reasonably expected in a seminary, so totally destitute of every sort of extrinsic support. The school will be opened on the second Monday in January.
P. S. Mr. Wood will teach the arts of drawing and painting, to such young gentlemen as may be desirous to acquire some knowledge and skill in these highly elegant and useful accomplishments. February 18. 1 m. 2
CHARLES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cashmere, patent Bennet's cord, toilet nets, fancy and white Marceilles, black and figured silk, molekins, fancy silk, Marceilles, constitution cords, velvets, Genoa cord, silk and satin Florentine, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 10—tf
NOTICE.
A Gentleman of a good character, and qualified to teach English and Latin, may meet with an eligible situation, by application to the teacher of the academy in Alexandria. March 4—3w
New Books
FOR SALE, BY Rapine, Conrad, & Co. DEAR THE CAPITOL.
 CARD's history of revolution of Russia to the accession of Catharine the first, including a concise review of the manners and customs of the 16th and 17th centuries, Good's memoirs of the life and writings of the Rev. Alexander Geddes, The Anti Gallican; or Standard of British Royalty, Religion and Liberty, Young's analysis of the principles of Natural Philosophy, Webster's Natural Philosophy, Leslie on the nature and propagation of Heat, Segur's history of the reign of Frederick II. King of Prussia, 3 vols. Gardiner's literary, political and economical Essays, 2 vols. Naval Chronicle, 11 vols. complete, Wittman's Travels in Egypt, Rousseau's original Correspondence, not before published, 2 vols. Burdin's Medical Studies, 3 vols. Murray's Materia Medica, 2 vols. Chemistry, 2 vols. Elements of Seamanship, 5 vols. Morris's treatise on Brewing, Little's Poems, Poetical Register for 1801-2, 2 vols. Flowers of Literature, 2 vols. Amasia, or the American Foundling, 2 vols. Chances, 3 vols.—Heliodora, 3 vols. Depraved Husband, 2 vols. Picture from Life, 2 vols. Z. flora—Woman of Feeling, 4 vols. Life of a Lover, 6 vols. by Sophia Lee, author of the Recluse, &c. Unexpected Legacy, 2 vols. Modern Faults, 2 vols. Dutches of La Vallier, 2 vols. by Madam Genlis, Confession in Elysium, 5 vols. St. Clair of the Hills, 4 vols. Benson's Apology for the Methodists, Kutzschner's Travels from Berlin through Switzerland to Paris, 3 vols. Lewis' (Charles Lee) Comic Sketches, The Pic Nic, 2 vols. Segur on the condition and influence of Women in society, 3 vols. The Revolutionary Plutarch, exhibiting the most distinguished characters in the recent annals of the French Revolution, 2 vols. Memoirs of a Family in Switzerland, 4 vols. Murry House, 5 vols. by Mrs. Parsons, The arch Tower, 5 vols. Theodosius De Zuvrin, the Monk of Madrid, a Spanish Tale, by the author of Grafville Abbey, 4 vols. Southy's translation of Amadis de Gaul, 4 vols. Monsieur Botte, by the author of My Uncle Thomas, &c. 3 vols. Essay on the art of Tormenting, with rules for the exercise of that amusing study, Aiken's (Dr.) Letters on English Poetry, Cavalli's Natural Philosophy, 4 vols. Richmond's Elements of Philosophy, James on Bilious Diseases, Johnson's history of the progress and present state of Animal Chemistry, 3 vols. Bisset's history of the Mathematics, Fellow's Guide to Immortality, 3 vols. Black's Chemical Lectures, 2 vols. Fuels's Lectures on Painting, delivered at the Royal Academy, in 1801, Original Sonnets on various subjects, by Ana Seward, The American Gardener, being a practical work by the late David Hepburn, for many years gardener to gen. Mason February 20 1804. m3f2w 
TO BE SOLD,
ON Saturday the 23d inst. at 11 o'clock at the late dwelling plantation of JOSEPH GALLOWAY, Esq. deceased, the following articles—Horses, oxen, plantation utensils, beds, and other household furniture—a gg with harness for two horses, about 40 barrels of Indian corn, and 600 gallons of cider. the greater part of which was made of Hughes's crab apples. Credit will be given until the first of January next, and bonds bearing interest with approved security will be required. All persons indebted to said estate are requested to call and pay the amount to Mr. John Galloway of West River and those who have claims against it, are to present them properly authenticated to him for settlement. DAVID LYNN, Adm'r. West River, March 15—4t
FOR SALE.
ON the 3d of April next, A. M. By virtue of a deed of trust dated 30th day of November 1804—will be sold at public sale, on the premises, all the right and title of Wm. McDono in a two story Brick Houe (nearly finished) and Lot, situated near the war office, in sq. no. 163, in the city of Washington, and nearly opposite the house occupied by Gabriel Duval, Esq. For the terms and further particulars enquire of THOS. W. PAIRO. At the store at the 7 buildings. March 11 tAm
The subscribers has just laid in, and have for sale, at their warehouse on the New Jersey avenue, near Barry's wharf—a quantity of Superfine FLOUR for family use, Corn, Corn meal, Chopt corn, Oats, Shorts, Bran, Sal, &c. &c. all of which they will sell on reasonable terms for cash. PETER MILLER, REBENEZER HILSON. Washington, March 15—3t&6w
FOR SALE.
A Tract or parcel of land, containing one hundred thousand acres, surveyed in tracts of one thousand acres each, lying on the great Potomac and St. Mary's rivers in the counties of Wayne and Talbot in the state of Georgia, distant about 40 miles from the town of St. Mary's and the sea. This land is an undivided moiety of two adjoining tracts containing each 100,000 acres, and is remarkable for its extensive forests of large and valuable yellow pine, and the luxuriant growth of natural grass, affording an inexhaustible range of pasture for cattle. It is also favorable for the culture of cotton, and lies in a very healthy district of country. A great bargain may be had to a purchaser of the whole undivided moiety; for terms of sale apply to JOHN BECKLEY. City of Washington. Sept. 12—ti.