The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-04-01 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCCXIX.
FIVE DOLLARS PER ANNUM.
MONDAY, APRIL 18, 1805.
PAID IN ADVANCE.
IMPEACHMENT.
OF
JUDGE CHASE.
THURSDAY, FEBRUARY 14, 1805.
[Continued.]
JOHN T. MASON was again called.
Mr. Randolph. You will please to mention such circumstances as came under your observation, at a circuit court of the United States held at Baltimore in May 1803, in relation to a charge delivered to a grand jury.
Mr. Mason. I was present when such a charge was delivered; I was present when it commenced, and continued in court until it ended. I have, however, a very imperfect recollection of the greater part of it, and of a great part of it, perhaps, I have no recollection at all. I had not been in Baltimore for two years previous; the court room was very full; and while I was there a number of persons came up to salute me. I felt no particular interest in it, and I only attended to those parts of the charge, during the delivery of which I was not interrupted by interchanging the civilities of my friends and acquaintance. I do not think I can charge my recollection with more than three great points in the charge; nor am I certain that I can give them in the order in which the judge delivered them. The first contained pretty strong and censuring animadversions on the act of Congress which repealed the law passed in February 1801 for the new organization of the courts of the United States, by which the sixteen new judges of the circuit court were removed from office. He spoke of it as an event which had wounded the independence of the judiciary, and as calculated to produce great mischief. I do not however pretend to give the words, but only to embrace the idea.
With regard to the second point, which I recollect, it will perhaps be necessary for me to explain that according to the provision in the constitution of Maryland for altering that instrument, amendments may be made by a legislative act passed by two successive legislatures. Under the constitution, before a late amendment was made, no man was permitted to vote unless possessed of property to the value of thirty pounds. That part of the constitution had been altered by two successive legislatures by confining the qualifications of voters, to age, residence and color. This amendment, Mr. Chase spoke of as one calculated to sap the foundations of our government, as injurious, and as leading to a great many evils.
The third ground arose on this circumstance. An effort had been made to alter the constitution by a considerable change in the judiciary system, and which had so far proceeded as to have obtained the sanction of one legislative vote. He spoke of this as a measure extremely dangerous in its nature, and which, if carried into effect, was calculated to deform and injure one of the most beautiful features of the constitution, and so to affect it as to leave nothing or little in it worth preserving. He concluded his remarks on this point by an earnest recommendation to those persons to whom he addressed himself, to make the necessary exertions to prevent the passage of this act, which would have made it a part of the constitution. There were at least two gentlemen in the room, who were members of the legislature, and whose fathers, as I understood, were members of the convention, which formed the constitution of Maryland. Judge Chase observed that it was a matter of peculiar mortification, or concern, to look at, to see, or to know (using some such expression) some gentlemen engaged in ungodly devils, which their fathers had toiled within in erecting.
There is one point of fact in which I differ from the witness last examined. Judge Chase delivered the charge from a written paper, which he had before him. He wore his spectacles at the time, and though he turned over leaf by leaf, he occasionally threw up his head, and sometimes raised his spectacles on his forehead, and spoke as if he was making what I considered an enlargement of the original charge, by extemporaneous observations in addition to what he had written. I cannot charge my memory with anything further.
SAMUEL H. SMITH sworn. Mr. Nicholson. Please to state what you know of the charge delivered by Judge Chase at Baltimore.
Mr. Smith. The charge of Judge Chase having been published, I did not expect to be called upon to state in detail its general contents; supposing that the only enquiry made would be on the correspondence of my recollection with the contents of the published charge. I do not know that I should be able, under these circumstances, to give a particular statement, from memory, of its contents. On the evening subsequent to the delivery of the charge, I committed to paper the most important features of it, which were published in the National Intelligencer, and which form part of the printed testimony received by the committee of enquiry. If I could be indulged with access to it, I should be enabled to state more correctly my knowledge of the charge.
Mr. Smith here, with permission read the following (extracted from the National Intelligencer of May 20, 1803).
After a definition of the offences cognizable by the grand jury, Judge Chase said he hoped he should be pardoned for making a few additional observations. He had, he remarked, been uniformly attached to a free republican government, and had actively participated in our revolutionary struggle to obtain it. He still remained warmly attached to the principles of government then established. Since that period however, certain opinions had sprung up which threatened with ruin the fair fabric then raised. It had been contended that all men had equal rights derived from nature, of which society could not rightfully deprive them. This he denied. He could conceive of no rights in a state of nature, which was in fact entirely a creature of the imagination, as there was no condition of man in which he was not, under some modification, subject to a particular leader, or particular species of government. True liberty did not, in his opinion, consist in the possession of equal rights, but in the protection by the law of the person and property of every member of society, however various the grade in society he filled. Nor did it consist in the form of government in any country. A monarchy might be free, and a republic in slavery. Wherever the laws protected the person and property of every man, there liberty existed, whatever the government was. Such, said he, is our present situation. But much I fear that soon, very soon, our situation will be changed. The great bulwark of an independent judiciary has been broken down by the legislature of the United States, and a wound inflicted upon the liberties of the people which nothing but their good sense can cure.
[Judge Chase here went into an assertion of the right of the judiciary to decide on the constitutionality of laws.]
He then adverted to the proceedings of the legislature of Maryland. He commented on the wisdom and patriotism of those who had framed the constitution of that state. That wisdom and patriotism had never conceived liberty to consist in every man possessing equal political rights. To secure property the right of suffrage had been limited. The convention had not imagined, according to the new doctrine, that property would be best protected by those who had themselves no property. The great rampart established in the limitation of suffrage was now demolished by the principle of universal suffrage engrafted in the constitution. In addition to this, a proposition was now submitted, whose ratification depended upon the next legislature, and which, if ratified, would destroy the independence and respectability of the judiciary, and make the administration of justice dependent upon legislative discretion. If this shall, in addition to that which establishes universal suffrage, become part of the constitution, nothing will remain that will be worth protecting. Instead of being ruled by a regular and respectable government, we shall be governed by an ignorant mobocracy. When he reflected on the ruinous effects of these measures, he could not but blush at the degeneracy of sons who destroyed the fair fabric raised by the patriotism of their fathers.
President. Did you hear any reflections cast on the administration?
Mr. Smith. I do not recollect any other beside those contained in the statement I have read.
JOHN STEPHEN sworn. I was at Baltimore when the charge was delivered by Judge Chase. My recollection of its contents is extremely
vague. But with regard to some parts of it, it coincides with that of Mr. Montgomery, Mr. Mason, and Mr. Smith. He spoke of the repeal of the judiciary law, and that it was injurious to the independence of the judges. He also mentioned the general suffrage law as injurious; and said no man ought to be permitted to vote unless he had a property in a common interest with, and an attachment to the community—that the bill violated this principle, and would be attended with very injurious consequences; he denied the doctrine of natural rights—and said that they were altogether derived from convention; and at the end of the charge he exhorted the jury to use their efforts to prevent the injury likely to result from the temper of the times. I cannot say whether Judge Chase confined himself to a written paper, or not. He declared that the independence of the judiciary of the United States had been injured by the repeal of the judiciary system; and that the bill, then pending before the legislature of Maryland, if adopted, would have the same effect upon the judiciary of that state.
Mr. Nicholson stated that all the witnesses present on the part of the prosecution had been examined; they would therefore proceed to offer other records—but as several material witnesses were absent, he hoped they would not be prejudiced from calling them, should they attend, at a future stage of the trial.
Mr. Randolph offered in evidence a copy of the record in the case of J. T. Callender—also in the case of Fries.
Mr. Randolph then stated that the managers had submitted all the evidence they were prepared to adduce—whereupon the court rose.
FRIDAY, MARCH 15, 1805.
The evidence being closed on the part of the prosecution, Mr. HARPER, of counsel for the respondent, addressed the court to this effect.
Mr. President. We feel so strong a reliance on the justice, impartiality and discernment of this honorable court, that nothing but an anxious regard for the character and feelings of the honorable gentleman who is the object of this prosecution, and a solicitude to remove even the slightest imputation of impropriety or incorrectness that may rest on his conduct, could induce us to occupy any portion of that time which we know to be so precious, by the introduction of testimony on his part. We believe the charges to be utterly unsupported, by the testimony adduced on the part of the prosecution; and had we no other object than a mere legal acquittal, we should cheerfully rest the case on that testimony. But we are aware that some parts of the honorable judge's conduct, though not criminal nor punishable by impeachment, may, if left without explanation, appear in an unfavorable light. We are prepared with testimony to give this explanation; to show that through all the transactions which form the matter of this prosecution, he has been governed by the purest motives, and that whatever errors he may have committed, are trivial in themselves, are insusceptible of human infirmity alone, and were instantly corrected by himself. This testimony we request the permission of this honorable court to produce. But a consciousness of the strong ground on which we stand, and a recollection of the very important public business which now presses on the attention of this honorable court, in its legislative capacity, have determined us to waive our right to a general opening of our case; and to confine ourselves, in this stage of the cause, to a brief statement of the points to which our testimony will be directed.
On the first article, which relates to the conduct of judge Chase in the trial of John Fries for treason, we shall produce testimony to show, that the opinion contained in the paper which the judge delivered to the prisoner's counsel was not only legal, but had been twice expressly decided, and once admitted in the same court, and had before that trial been laid down as a general principle of law, in a charge delivered to a grand jury in the same court, by one of judge Chase's predecessors.
[Here Mr. Harper sat down, while the committee of the whole were entering and taking their seats.]
Mr. Harper then rose and proceeded. He stated that the counsel for the respondent had begun to open their defence, and were stating the ground which they should take in opposition to the first article of impeachment. We shall show, said he, by the most indisputable testimony, that the point of law respecting
treason in levying war against the United States, which was stated in the paper delivered to the counsel of Fries, had been once informally decided by the same court, in a prior case, and twice after solemn argument, and full discussion, and that one of those decisions was made in the case of John Fries himself, on an indictment for the same offence. We shall show that judge Chase's predecessor had, before counsel were heard and before an indictment was found, delivered the same opinion in a charge to the grand jury. We shall proceed to prove in a more particular manner the contents of the paper, thus delivered to the counsel. We shall produce the original paper itself; and shall prove that delivered to the prisoner's counsel to be a true copy of it; and we shall conclude by showing that when the counsel of Fries had refused to proceed in his defence, and were informed by the judge that they might go on, and conduct the case as they thought proper, he employed no menacing expression, and uttered no such words as "proceed at the hazard of your characters;" but merely informed them that they should be under no other restriction, but that which arose from their professional character would impose. That far from threatening, he did all in his power to both; and instead of retreating, gave the utmost latitude of indulgence.
Proceeding then to the second general head of accusation, the conduct of the respondent relative to the trial of Callender, which furnishes the matter of the second article, and embraces in the whole five articles, we shall show that the copy of the "Prospect Before Us," which the respondent carried with him to Richmond, was marked not by him, but by another person, without any view to a prosecution of the author, and was given to him by that person without any request on his part, as a performance which might amuse him on the road.
As to the private conversation at Annapolis, we shall prove that it was a mere jest between the Respondent and the gentleman, who, after treasuring it up for five years, has this day brought it forward to support an impeachment; and whole recollection of it we shall show to be far less accurate than ought to be required of a man, who after so great a lapse of time adduces a private, confidential and jocular conversation, to aid a criminal prosecution.
We shall then follow Judge Chase to Richmond, where we shall show, that far from having formed a corrupt determination to oppress Callender, he felt solicitous for the escape of that unfortunate wretch; that far from entering into a combination with the marshal to pack a jury for the conviction of Callender, Judge Chase expressed a wish, that he might be tried by men of that political party, whose cause his book was intended to support. We shall prove, by testimony not to be doubted, that no conversation whatever took place between the Judge and the marshal, relative to striking any persons from the panel, much less such a conversation as has been sworn to by one witness for the prosecution. We shall show that no panel of the jury actually summoned was formed, until the opening of the court on the day when the trial of Callender was to have commenced; that it was completed in open court, and was never seen by the Judge. And we shall prove, that the marshal, not by the direction of the Judge, from whom he was bound to receive no directions on that subject, but with his entire approbation and according to his advice, took the utmost pains to select a jury of the most impartial, considerate, and respectable men; that in this selection no attention was paid to party distinctions; and that if no persons of Callender's political opinion actually did serve on the jury, it was because, after being summoned, they made excuses, which were admitted by the court, or refused to attend.
Thus much respecting the conduct of the Judge previous to the trial. Proceeding, then to the particular matter of the second Article, which relates to the supposed rejection of John Ballew's application to serve on the jury, we shall prove, more fully than we have already done, that the nature of this application has been wholly misunderstood by the witnesses on the part of the prosecution; that the juror did not offer an excuse, or apply to be discharged, but merely suggested some scruples of delicacy, and was willing to serve if those scruples were not sufficient to constitute a legal disqualification. We shall fully corroborate the testimony which the juror himself has given on this head, and shall show clearly that his scruples were not of such a nature, as to furnish a legal or
proper ground of objection to his competence as a juror.
As to the refusal of a continuance, which has been so much relied on as a criminal violation of the law, with intent to oppress the party, we shall prove, that although no legal grounds for a continuance were shown, and it was therefore not in the power of the court to grant it, Judge Chase did offer to postpone the trial for a month or six weeks, in order to accommodate Callender and his counsel, and to enable them to prepare; an offer which they thought proper to reject. And we shall also show, that when this motion for a continuance was made, the law of Virginia, by which it is now contended that the court ought to have been governed, was not cited, nor even mentioned.
With respect to the conduct of Judge Chase towards Callender's counsel, we shall prove that it was free from any appearance of harshness, or desire to intimidate, abash or oppress; that the irritation which took place proceeded from the counsel themselves, and that the conduct of the court was far more mild and forbearing than from those irritations could have been expected. That every decision on the law was the joint opinion of Judge Chase and his colleagues, delivered after consultation between them. That every interruption of the counsel, arose from their pertinacity in pressing points which had been decided, and on which propriety and duty required them to be silent; and that after the Respondent had delivered the opinion of the court on these points of law, he offered to assist the counsel for the traverser in framing a case for the opinion of all the Judges of the supreme court, and thus to give them an opportunity of correcting any errors which he and his colleague might have committed in those decisions. And finally, we shall produce a witness who having attended the trial and taken down all the proceedings in short hand, will lay before this honorable court an exact detail of all that passed.
Passing then to the matter of the fifth and sixth Articles, we shall prove, by a rule solemnly made by the supreme court of the United States, that they never considered the state laws as regulating process, by virtue of the act of Congress which is relied on in support of these Articles; but merely as governing the decision of rights acquired under them, when such rights should come in question in the courts of the United States; that the practice in the courts of Virginia under the state law in question, has been and is conformable to our construction, and not to that contended for on the other side. And as a proof how little the recollection of men, even the most correct, can be relied on, in cases where their feelings have been strongly excited, we shall produce a record, in which the learned gentleman who, though very young, was Attorney General of Virginia in 1800, and who has delivered his testimony with the greatest candor and propriety, did himself order a capias, on a presentment, in a case not capital. We shall produce evidence to prove that the capias is the proper process, in all cases of presentments, except those of petty offences, which are tried by the court, without an indictment, and are punishable by fine only, but not imprisonment. And to remove every possible doubt on this head of accusation, we shall prove that when the presentment against Callender was made, and it became necessary to issue process against him, Judge Chase applied to the district attorney for information what was the proper process, who answered a capias; and that the capias which actually was issued was drawn up by the clerk, inspected and approved by the district attorney, and issued on his suggestion.
Respecting the transactions at New Castle, in the state of Delaware, which constitute the matter of the seventh article, we shall prove that those offensive and improper expressions which are attributed to the respondent, relative to a federalist temper in the state of Delaware, and especially in the county of New Castle and the town of Wilmington, never were uttered by him; that the witnesses who have deposed to these expressions are under a mistake; and that nothing was said or done by Judge Chase on that occasion, but what he has admitted in his answer; but what is proper to justify, and his duty required. To this end we shall offer the testimony of persons who were in a situation to remark every occurrence; to listen to every expression; and on whom such expressions had been uttered, could not have failed to make a strong impression.
We shall then proceed to the charge:

Delivered to the grand jury at Baltimore, which furnishes the eighth and last ground of accusation; and then we shall prove that the respondent said nothing of a political nature to the jury, except that which he has stated in his answer, and which he hopes to satisfy this honorable court that he had a right to say, however indifferent or unnecessary the exercise of that right in this instance may have been. We shall produce an oath of witnesses to prove that he never uttered such sentiments as are attributed to him by one witness, relative to the present administration, its character, views and manner of obtaining its power; sentiments which he admits would have been in the highest degree reprehensible or such an occasion; that the charge which was delivered was read from a book; and that he spoke nothing extraneous, as another witness for the prosecution has supposed. And finally we shall produce this book to speak for itself; that it is to be the same from which the charge was delivered; and that the examination of witnesses who read around the respondent while he read it, by his side, and almost looked over him while he delivered the charge which it contains.
This, Mr. President, will be the general bearing of our testimony; which we shall now, with the permission of this honorable court, proceed to produce, in the order in which it has been stated.
SAMUEL EWING, sworn.
Mr. Hopkinson (producing a paper)—Be pleased to inform the court whether that is your hand writing.
Mr. Ewing —It is in my hand writing so far as the paragraph, at which I have signed my name—it was written by me at the time, and my name signed to it—the remainder is not in my hand writing, and I do not know by whom it is written.
Mr. Hopkinson —At what time, and from what paper did you make it out?
Mr. Ewing —I made it out from the opinion of the court which was thrown down by Judge Peters or Chase, and within about half an hour after it was thrown down from the bench—I took the copy home with me, to Mr. Lewis's office, where I was at that time a student. In the afternoon of the same day, Mr. Coldwell, the clerk of the court, called on me, and at the desire of Judge Chase and Judge Peters, requested that it might be returned; and I gave it to Mr. Coldwell—I made out only one copy, and this it is.
Mr. Hopkinson —The paper being proved, I will read it in evidence.
Mr. Rodney observed that the original paper was the best evidence, and as one of the copies shown down from the bench was already before the court, he presumed that ought to be considered as the best evidence.
Mr. Hopkinson said he was desirous to read it merely to show that it corresponded with the copy in the possession of the Attorney of the district.
Mr. Hopkinson then read the copy in the hand writing of Mr. Ewing (containing the opinion of the court in the case of Fries) which appeared to correspond precisely with the copy adduced by Mr. Rawle.
Mr. Hopkinson —Please to state whether you were in the court the day subsequent to that on which the opinion was delivered by the court, and what you recollect occurred at that time.
Mr. Ewing —I attended at the court the day succeeding, and I remember that Judges Chase and Peters, addressing Messrs. Lewis and Dallas, said they were not to consider any thing which took place the day before as a restriction on the course they wished to pursue; Judge Peters said that every thing done yesterday was withdrawn. Judge Chase asked them if they would go on in the cause; some conversation ensued, which ended in the determination of Messrs. Lewis and Dallas not to proceed in the defence of Fries. Judge Chase then made this observation—that if, after the court had expressed their opinion on the law, they persisted in stating to the jury their sentiments on the law, they must do it at the hazard of their legal reputations. I did not understand this as a menace, but as a declaration to the counsel that they must do it on their standing at the bar, and from a regard to their reputations. If I state any thing further, it will be only a recapitulation of the testimony already given.
EDWARD I. COALE, sworn.
Mr. Hopkinson —Will you examine this paper, and say what you know respecting it.
Mr. Coale —It is a copy of the paper handed down by Judge Chase on the trial of Fries, made at the instance of Judge Chase, from a paper in his hand writing; there were some words in the original which I could not ascertain; I left blanks for them, and they were filled up by Judge Chase—the other parts are written by me. It was made out before the trial of Fries. When in the office of Judge Chase I was frequently in the habit of transcribing papers from his hand writing. After I left him I went to Philadelphia, and lived there when Fries was tried. The Judge occasionally, during my residence there, sent for me to transcribe his opinions; and on that occasion he called on me to
transcribe this paper from the original hand writing of himself.
Mr. Hopkinson —Was there a conversation between you and Judge Chase, in which he assigned his reasons, and what were they, for making out this opinion?
Mr. Nicholson objected to the putting of this question.
The President desired Mr. Hopkinson to reduce it to writing.
Mr. Nicholson said he would withdraw his objection rather than occasion delay. Some objection, however, arising, on the part of the court,
Mr. Hopkinson submitted, in writing, the following question:
At the time Judge Chase desired you to make the copy in your hand writing, did he, or did he not, explain to you his reasons for drawing up that paper, and if he did what were they?
Mr. Hopkinson said he thought such questions perfectly legal, when they went to shew the intention of the accused. We have heard, said he, much of the quo animo ; and it is perfectly clear, that the intention constitutes the guilt of the offence.
Mr. Nicholson —The quo animo is to be collected from the acts of the party. The evidence of his declaration may be shewn to prove the quo animo . But I do not consider it to be correct that Judge Chase shall be permitted to give in evidence declarations made at any other time than at that when we have stated he made them; otherwise it will always lay in the discretion of the party accused to state declarations made at another time by him for the purpose of justifying any acts he may have committed.
Mr. Martin said he had ever considered the declaration of the party at the time he was charged with committing a criminal act as competent evidence to shew his innocence.
Mr. Nicholson said there was no doubt of it; but that he was not charged with drawing out the paper as a criminal act. Any declaration made by Judge Chase at the time he delivered the opinion of the court, may be given in evidence; but any other declarations have nothing to do with the case.
The President —Where was the conversation between the Judge and yourself?
Mr. Coale —At the Judge's lodgings.
The question was then taken on permitting the question to be put, and passed in the negative—Yeas 9—Nays 25.
Mr. Hopkinson next offered a certificate of the clerk of the circuit court of Pennsylvania to shew that at the trial of Fries in 1799, there were 86 civil suits depending.
Also a copy of the indictment on the first trial of Fries.
Also a part of a charge delivered by Judge Iredell at the term when Fries was tried, taken from Carpenter's report of that trial, page 14.
Mr. Campbell intimating some objection to receiving this paper in evidence,
The President said it might be read as a report of the case; but what credit it would deserve it would be for the court to determine.
Mr. RAWLE was again called in.
Mr. Hopkinson —You were district attorney at the trial of Fries. I will ask you whether the restriction of the court as to arguing the point of law was not applied to the counsel of the United States, as well as to those of the prisoner.
Mr. Rawle —I certainly did consider the restriction as imposed upon us both.
Mr. Hopkinson submitted extracts from 2nd Dallas pa. 346, 348, to shew that in the cases of Virgil and Mitchell the crime of high treason was completely settled by the court, and was the same as defined by Judge Chase in the trial of Fries.
WILLIAM MEREDITH, sworn.
Mr. Hopkinson —Were you present at the trial of Fries?
Mr. Meredith —On the 22d day of April 1800, I went to the court house for the purpose of attending the trial.
It was rather at a late hour; I think after eleven o'clock, before I reached the court house, I met several persons coming from the court room; I thought therefore that the court had adjourned, but not seeing any of the gentlemen of the bar, or the judges, I went on; when I came into court, I saw Judge Chase holding a paper in his hand, and he said that the court had with great deliberation considered the overt acts in the indictment against Fries, that they had made up their minds on the extent of the constitutional definition of treason, and that to prevent their being misunderstood, they had committed their opinion to writing, one copy of which was intended to be given to the district attorney, another to the counsel for the prisoner, and a third to be given to the jury; perhaps something else might have been said, but I do not recollect it. The paper was then thrown down by him to the bar, and a sentiment of this kind was expressed by Judge Chase—that this opinion was not intended by the court to prevent the counsel from proceeding in the usual manner. I felt
a desire to take a copy of the paper—I do not recollect whether more than one was thrown down. I had not, however, an opportunity of doing it. The paper was so fully occupied with the adjournment of the court, that although I made two or three attempts to obtain it, I could not succeed. The court adjourned a short time afterwards. After I went home, I recollect that an application was made to me by the clerk of the court to return the copy, which he understood I had taken. I informed him I had not taken a copy. On the following day I was in the court room at the opening of the court. Fries was put to the bar, and the Judge then enquired whether the counsel were ready to proceed on the trial. I remember Mr. Lewis addressing himself to the court, and objecting to proceed in the defence, because the counsel had been restrained by the court from proceeding in the manner which they deemed most beneficial to their client. I remember also that Judge Chase told him that he ought not to refer to the opinion which had been delivered on the preceding day; that the counsel were not to be bound by that opinion, as it had been withdrawn. Mr. Lewis referring to that opinion, however, considered it as the formed and decided opinion of the court, and that although the court had withdrawn it, it still would have an operation upon their mind; that while the court was under its influence, they could not expect to be heard in any of their arguments to effect. Judge Peters replied that the opinion was withdrawn, and I think Judge Chase repeated the opinion before expressed, that the counsel were not to be bound by that opinion, might enter fully into the case and argue as well on the law as on the fact before the jury. I recollect Mr. Lewis stating to the court his opinion of the apostateness of cases decided at common law in England—I remember Judge Chase's expressing his opinion and belief that they were perfectly inapplicable; and, afterwards remarking, that if however the counsel would go on, it was not the intention of the court to circumscribe them, or to take from the jury the decision of the law as well as the fact. He further added, that the counsel might manage the defence in such way as they thought proper, having a regard to their own characters. I am the more particular and positive of these expressions, because very shortly after the trial I made a summary of the proceedings. I find it stated as coming from the mouth of Judge Chase, and that he repeated that the counsel for the prisoner might go on in their own way, having a regard to their own characters. Judge Peters made a remark which I thought was calculated to put the counsel into good humour—but they persisted in their refusal to proceed. Thus far the court manifested in my opinion, a desire that the cause might progress, and a persuasive and conciliatory temper; but Mr. Lewis having again decidedly said that he would not proceed, Judge Chase said, if you suppose by conduct like this, to put the court into a difficulty, you are mistaken. After a pause, Judge Chase then addressed himself to the prisoner, and asked him, if he was ready to proceed on his trial, or whether he would have other counsel assigned to him. Fries replied he did not know what was best for him to do, but he would leave his case to the court. Mr. Rawle stated that from the peculiarity of the circumstances of the case, and the prisoner being left without the assistance of counsel, his wish was that the trial might be postponed for a day, and the postponement took place by order of the court. The following morning when the court was assembled, Fries was again put to the bar, and Judge Chase enquired of him whether he wished the court to assign him counsel? His reply was, that he would trust himself to the court and jury. Judge Chase replied, then by the blessing of God, the court will be your counsel, and will do you as much justice as could be done by the counsel that were assigned you, or nearly in those words. The trial proceeded, but I was not present during the whole of it.
Mr. Hopkinson said he would next proceed to the case of Callender.
LUTHER MARTIN, sworn.
Mr. Harper —Did you furnish Judge Chase with a copy of the book, entitled the Prospect Before Us, and at what time did you furnish him with it?
Mr. Martin —It is not a pleasing thing for me to be a witness on this point, as I may be considered as a party concerned, and especially from being one of the counsel for Judge Chase. Yet, as it is required from me, I will proceed to state what I know. When I was in New York, I observed in a newspaper which I took up at a barber's shop an advertisement for the sale of the Prospect Before Us. I mentioned
it to Judge Washington, and he sent his servant to procure a copy; and I desired him to purchase two copies. I read it, and as was usual with me with respect to books any wife interesting; I scored such passages as were remarkable either for their merit or demerit; and I did score a great portion of the book. But I did not score them with the least idea of an indictment being founded upon them. When I scored the book I did not know that Judge Chase was going on the circuit of Virginia—My scoring was for my own amusement, and for that of my friends. Afterwards I saw Judge Chase—I asked him if he was going down to Richmond—he answered Yes—I asked if he had seen the book called the Prospect Before Us—he said he had not. I then told him, I will put it into your hands, you may amuse yourself with it as you are going down, and make what use of it you please. There was a great deal more scored than was contained in the indictment. I most solemnly declare that I had no view to a prosecution in scoring it; though I have no hesitation in saying that in common with every worthy inhabitant of America I detested the book.
Mr. Nicholson —What do you mean by detest?
Mr. Martin —I am ready candidly to acknowledge that I did think it a book that ought to be prosecuted; and I did not think that Judge Chase would have an opportunity of seeing it unless I gave him a copy of it. Having since heard it suggested that I had some share in drawing up the indictment against Callender, I most solemnly declare I did not put pen to paper on the subject.
Mr. Harper —Was not your name written on the book?
Mr. Martin —It was.
President —Did you express the view you had in putting it into his hands?
Mr. Martin —I said what I have already stated; that he might take it down with him, and make such use of it as he pleased.
JAMES WINCHESTER, sworn.
Mr. Harper —Will you please to state whether you were in Annapolis in 1800 in court with Judge Chase, and Mr. John T. Mason; and what was the conversation which then took place?
Mr. Winchester —I attended a circuit court held at Annapolis in 1800. I do not recollect either the day the court commenced or ended. I think on the last day of the term sentence was passed on—Saunders for stealing in his character of post master the contents of a letter. A crowd gathered round the door, and retarded our passage out of court. I do not remember what persons remained; but Mr. Mason came up, and addressed himself to Judge Chase. My recollection is at best but imperfect; and of this conversation necessarily indiscriminate. In the account of it therefore I shall use my own language. I may occasionally use the language of Judge Chase and Mr. Mason. According to the impression on my mind, the conversation commenced in this way. Judge Chase had delivered a charge to the grand jury. Mr. Mason came up, and in a laughing manner jocularly asked in what light are we to consider the charge, as moral, political, judicial, or religious? These are the words, I believe; but of this I am not certain. The judge replied in the same style and manner, I believe, that it was a little of all. I cannot be certain, but I think Mr. Mason intimated to the Judge, that he would not deliver such sentiments in Virginia, though I am not myself confident that such was his meaning. The Judge replied that he would, and that he would at all times and in all places execute the laws in the manner he had declared. The conversation then turned on the book called The Prospect Before Us; as well as I remember it was spoken of as a book written by Callender. The conversation which passed on the subject I cannot pretend to relate at all, more than that I have a strong impression on my mind that Judge Chase mentioned that Mr. Martin had put the book into his hands, that he would take it with him to Richmond, and lay it before the grand jury, and have it presented. I heard Mr. Mason's testimony, and my recollection corresponds with his, that the whole conversation was jocular. I do not remember the particular expressions which Mr. Mason relays; but I cannot say that they were or were not made. Because my attention was not very pointedly directed to the conversation, and at the time, from the laughing which took place, I might not have heard the expressions though they had been used.
Mr. Harper —What is the expression you do not recollect?
Mr. Winchester —That if the whole state of Virginia was not depraved, he would carry the book down with him, and have the fellow indicted.
(To be continued.)
FOR THE NATIONAL INTELLIGENCER.
Mr. Smith
It was not my intention to have troubled you any further on the subject of the attack in the Aurora on the majority of the House, and on some by name, but in your Intelligence of the 4th of March which though I received in the city I did not read till I arrived at home, I observed such a gross misstatement of facts published by Mr. Duane as I think it my duty to correct. I was not, however, greatly surprised, for I found the occasional conversation which I unfortunately had with him without witness, was misrepresented the very day it took place. This induced me to take pains to keep it the better in memory. In my former letter I only took notice of that part of the conversation immediately connected with the attack in the Aurora, but his misstatement of facts requires a more enlarged detail.
About ten days before the adjournment of Congress, Mr. Duane's book store being across the street from my lodgings, I went to it on an evening to purchase some small books or pamphlets suitable for presents for children as I had done towards the close of the former session. The candles were not lighted and Mr. Duane being alone, we fell into a general conversation, in the course of which I mentioned that it was of great importance for the credit of newspapers, that the editors should be very attentive to the truth of the facts which they published, otherwise they would injure their papers and the cause which they professed to support; to the truth of this Mr. Duane assented, but I thought not without some alarm. I proceeded to mention that he had in some instances suffered his paper to be imposed on, and that he had particularly done so in the case of a letter he published last fall, misrepresenting the conduct of Mr. Israel, editor of a newspaper at Pittsburgh, respecting his conduct at the election for a member of Congress for Washington county, and also by inserting in the Aurora, a few days ago, that I had voted uniformly against the compromise with Georgia, but added that the gentleman from Washington, (naming him) who wrote in Israel's case was worthy of credit, but that when he found he was mistaken he should have published Mr. Israel's correction in his own paper. He replied with warmth, that he never received a letter from that gentleman, that he received it from a gentleman in Pittsburgh, &c. After a little recollection I told him I had been informed so by Dr. Leib. (The Doctor acknowledges he informed me). He with considerable animation replied that Doctor Leib had no concern with his paper nor government over it, and did not write for that paper—that neither he nor any other member wrote the attack on myself, that he did not consult him, &c. I replied that I did not charge the Doctor nor any other member with it, that he was himself the editor, and therefore responsible for what he published. He replied that he had been engaged at Lancaster, and when here, was at a distance from the printing office, and asked me how he should know what was published in the Aurora. I answered by asking in a tone as I could perhaps as his own, if he was not the editor, and was not responsible for it. He said he was, but told me not to get angry, and said he did not regard my anger. I answered that he was mistaken in thinking I was angry, though I raised my voice; that I did not design to consider him of that degree of importance as to be an object of my anger; I only wished to enable him to support the character of his paper by shewing him wherein he was misinformed, that he might correct if he thought proper; and I stated what had been my uniform conduct with respect to the compromise with the state of Georgia, that I was "satisfied by what I was convinced was justice and sound policy; that I never, till this occasion, heard of a decision on claims or a resolution for carrying the contracts and appropriations of government into effect with good faith, especially where government was giving nothing of her own away, ascribed to political party. Mr. Duane said he had not had, or scarcely had had leisure to read the piece in question, but that he had not authority to correct, and claimed pretty largely against the resolutions for carrying the compromise with Georgia into effect, and attempted with various reasons to convince me that it was intended to be a bond of union between certain republicans and the federalists to overturn the republican interest, &c. I replied that I designed to enter into no argument with him on the subject, that he ought to recollect that my attention was called to the study of republican principles and to assist in conducting republican governments before we were favored with his assistance or counsel. He said I was not intelligible. I answered I was not, and did not admit him to be so, and told him I did not wish him to take my word for authority, but had referred him to the Journals on that subject since the year 1795. He replied that he had not time, or that he would not take time to examine the Journals, but told me I might write in his paper. I replied that I would not, nor ask him to do it if he did

not think it for the interest of his paper; that if I chose to write, I was at no loss, and withdrew.
Thus I have given a detailed statement of that conversation with the same precision with which I would give it before a court of justice, and those who believe my statement will not believe that I wanted him to assert what he knew to be false, on my own authority, or made any request, but gave an advice for his own interest. I referred him from first to last to the Journals. They will as little believe that I assured him the letter is the Aurora concerning the vote on the Yazoo resolutions was wrote by certain members of Congress; indeed those who believe him in this, must believe me to be a fool. I supposed Mr. Duane himself only, for writing it, until he told me he had scarcely read it, for it was wrote after his manner. But passing other facts, for it is only as to which I notice, he refers to two pages in the Journals of last session to prove the truth of the assertion in the letter which he now acknowledges he wrote himself. He will not there, nor any place else find a vote of mine rejecting the claims acknowledged by the act of cession with Georgia, and the law of the United States. In that session I voted for good reasons for the postponement till next session; but let him remember that the assertion was, that I had voted uniformly against it; an incidental vote, let him construe it as he will, will not amount to uniformity during so many sessions in which that subject was before Congress while I was a member. I had indeed thought of calling on Mr. Duane early in the session about Mr. Israel's case, and afterwards about my own, but never intended to have done so without a witness, therefore what did happen was not premeditated, and I acknowledge my imprudence in doing so. I had no ground from observation to expect that Mr. Duane would make any candid statement or correction contrary to his own denunciations, but intended to give him the opportunity, and I feel happy that I am singled out as an object of his denunciations along with so respectable a number of old whigs, and uniform republicans both in and out of Congress, rather than of his gross and interested adulations.
WM. FINDLEY.
Pennsylvania Legislature.
HOUSE OF REPRESENTATIVES.
Wednesday, Feb. 20, 1805.
Mr. Boileau from the committee to whom was referred, the resolution transmitted by the Governor of North Carolina, to the Executive of this commonwealth, and by him communicated to the Legislature, contemplating an amendment to the constitution of the United States, in such manner, as to authorize Congress to pass a law, whenever they deem it expedient, to prevent the further importation of slaves to the United States, made report; which was read as follows, viz.
That after seriously deliberating on the subject, they offer the following resolution to the consideration of the House, viz.
Resolved, That personal liberty is a natural and inherent right, devised to every rational being, from the beneficent Author of his existence; that to deprive him of this liberty, without his having first forfeited it to society, by conduct which has rendered him unworthy of it, is at once, not only a violation of the spirit of the constitution of this state, and of the United States; but also, the eternal and immutable laws of justice, written on the heart of every man, by the great Legislator of the Universe. That the accidental circumstances of having an African, and not an American, Sun, to have first shone upon a man, if even it be deemed a misfortune, is no just cause to enslave him; that crime alone, and not different shades of complexion, is the only just and rational ground of forfeiting so inestimable a right. That, with emotions of deep regret, our attention has been called to the conduct of some individuals, in some of our sister states, who, instead of diminishing, strive to increase the evil. That while the friends of humanity, in Europe and America, are weeping over the wrongs of their fellow creatures, and directing their ingenuity and their energies to demolish so disgraceful a monument of avarice and cruelty; there are men, who claim the title and enjoy the privileges of American citizens, and boast the principles of a sublime morality, who fit out ships every year, in certain ports of the United States, to transport the sable sons and daughters of Africa from their native shore, and consign them to all the tortures of slavery and oppression.
That the House of Representatives, unhesitatingly, declare, that slavery in any shape, within the United States, is a blot on the American character; and that they will, with ardor seize every occasion, to lend their aid, to wipe off and prevent the extension of the foul stain; and join their voice, with that of any sister state, in addressing Congress, to prevent, as far as they have constitutional power, this horrid trade in human
flesh: A traffic scarcely more barbarous than impolitic. Under such impressions this House would cheerfully fold the exertions of the legislature of North Carolina, in attempting, by any practicable mode, the final emancipation of the human race.
But while the House of Representatives express their sentiments, they recollect that in the fifth article of the constitution of the United States, which points out the manner in which amendments may be effected, there is the following proviso, viz.
"Provided, That no amendment which may be made, prior to the year one thousand eight hundred and eight, shall in any manner, affect the first and fourth clauses, in the ninth section of the first article."
The first paragraph of the ninth section aforesaid, is, "That the migration or importation of such persons, as any of the states now existing, shall think proper to admit, shall not be prohibited, by the Congress, prior to the year one thousand eight hundred and eight."
Which proviso, aforesaid, appears peremptory and, of consequence, precludes, at this time, the possibility of obtaining an amendment so humane as that proposed by the legislature of North Carolina.
Resolved further, That the Governor of this commonwealth be, and he is hereby requested, to transmit the foregoing resolution to the Executive of North Carolina.
Laid on the table.
On motion of Mr. Porter and Mr. Ogle, The message from the Governor, containing two resolutions from the legislature of Kentucky, relative to an amendment in the constitution of the United States, read the 6th instant, was read the second time, and the resolution adopted: and
Ordered, That Messrs. Milnor, Porter, Laycock, Bull and Boyd, be a committee for the purpose expressed in said resolutions.
WASHINGTON CITY.
MONDAY, APRIL 1.
The following is a corrected list of acts passed at the last session of Congress—in the list, previously published, the titles of some bills not passed are inserted, while those of some acts passed are omitted.
 1. An act making a farther appropriation for carrying into effect the treaty of amity, commerce and navigation between his Britannic majesty and the United States of America.  2. An act making an appropriation to supply a deficiency in an appropriation for the support of government during the present year, and making a partial appropriation for the same object, during the year one thousand eight hundred and five.  3. An act concerning drawbacks on goods, wares and merchandise.  4. An act for the disposal of certain copies of the laws of the United States.  5. An act declaring Cambridge, in the state of Massachusetts, to be a port of delivery.  6. An act to divide the Indiana territory into two separate governments.  7. An act authorizing the corporation of George town to make a dam or causeway from Mason's island to the western shore of the river Potomac.  8. An act for the relief of Charlotte Hazen, widow and relict of the late brigadier general Moses Hazen.  9. An act making appropriations for the support of the navy of the United States, during the year one thousand eight hundred and five.  10. An act making an appropriation for completing the south wing of the capitol, at the city of Washington; and for other purposes.  11. An act for carrying into more complete effect the tenth article of the treaty of friendship, limits and navigation with Spain.  12. An act to provide for completing the valuation of lands and dwelling houses, and the enumeration of slaves in South Carolina; and for other purposes.  13. An act supplementary to the act, intitled, "An act to regulate the collection of duties on imports, and tonnage."  14. An act for the relief of John Steele.  15. An act for the relief of Alexander Murray.  16. An act authorizing the post master general to make a new contract for carrying the mail from Fayetteville, in North Carolina, to Charleston in South Carolina.  17. An act concerning the mode of surveying the public lands of the United States.  18. An act making appropriations for the support of the military establishment of the United States, for the year one thousand eight hundred and five.  19. An act making appropriations for the support of government, for the year one thousand eight hundred and five.  20. 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, one thousand eight hundred and five, for the appointment of a health officer."
21. An act to amend the act, intitled "An act to amend the act, intitled "An act to lay and collect a direct tax within the United States."
22. An act to appropriate a sum of money for the purpose of building gun boats.
23. An act to authorize the erection of a bridge across a mill pond and marsh in the navy yard belonging to the United States, in the town of Brooklyn, in the state of New York.
24. An act further to amend an act, intitled, "An act regulating the grants of land; and providing for the disposal of the lands of the United States, south of the state of Tennessee."
25. An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans, and the district of Louisiana.
26. An act to amend the act, intitled "An act for the government and regulation of seamen in the merchants' service."
27. An act for the relief of the widow and orphan children of Robert Elliott.
28. An act authorizing the discharge of John York from his imprisonment.
29. An act authorizing the secretary of war to issue military land warrants; and for other purposes.
30. An act to amend the charter of George town.
31. An act further providing for the government of the territory of Orleans.
32. An act to amend an act, intitled "An act for imposing more specific duties on the importation of certain articles; and also, for levying and collecting light money on foreign ships or vessels."
33. An act to provide for the accommodation of the President of the United States.
34. 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.
35. An act to regulate the clearance of armed merchant vessels.
36. An act further to alter and establish certain post roads; and for other purposes.
37. An act for the relief of Richard Taylor.
38. An act supplementary to the act, intitled "An act making provision for the disposal of the public lands in the Indiana territory; and for other purposes."
39. An act making provision for the widow and orphan children of Thomas Flinn.
40. An act for the relief of George Scoune, and Alexander Cameron.
41. An act making appropriations for carrying into effect certain Indian treaties, and for other purposes of Indian trade and intercourse.
42. An act "for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction."
43. An act to extend jurisdiction in certain cases to the territorial courts."
44. An act for the relief of Robert Patton and others.
45. An act further providing for the government of the district of Louisiana.
46. An act in addition to an act to make provision for persons that have been disabled by known wounds.
Resolution expressive of the sense of Congress of the gallant conduct of Capt. Stephen Decatur, the officers and crew of the United States ketch Intrepid, in attacking in the harbor of Tripoli, and destroying a Tripolitan frigate of forty four guns.
Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen and marines of his squadron.
PHILADELPHIA, March 27.
Information has been received at New York, by the ship John James, that the French Legation, consisting of Madame Turreau, Mr. Petre, &c. together with Mr. Perkins, Mr. Monsevelt and Appleton, embarked on board a Portuguese brig for Charleston on the 5th of February last, and that it is probable they have arrived.
NEW YORK, March 26.
We have been favored with the perusal of several late letters from Cadiz, written by one of the most eminent merchants of that place—from these letters we learn,
That, from the 23d of April, to the 23d of December, 1804, there was imported into that port, 1,789,232 bushels of wheat, and 55,854 barrels of flour. That there was grain and flour enough in Cadiz to last till the first of May, held by the corporation of that place, which is bought by the bakers, as they may want it—
That, notwithstanding this great supply it was expected the price would continue, in consequence of the scarcity in the adjacent cities.—The probability of this circumstance was increased, as no grain was expected from the Mediterranean, or the Baltic, and because none would come in from France, as the price in that country exceeded the sum established there for exportation—
That, from the favorable state of the weather, there was every prospect of good crops of grain: the ensuing season, which was a great though distant relief to the minds of the people, inflicted with war, famine, and plague—And,
That although the British squadron off the port permitted neutral vessels to go in with their cargoes of wheat and flour, that after entering their registries, they would not suffer them to come out except in ballast.
Another letter states, that in the year 1803, there was an immense loss in wine from the quantity of rain which fell during the vintage, which souring the wine obliged the inhabitants to distill it. To avoid the evil the next year the grapes were generally collected before they were ripe, which produced the same effect. Therefore, there is no doubt, but the wines on hand abroad, will not only be preferred to recent exportations, but will command a much higher price.
Extracts of a letter from M'ego Bay, (J.) dated March 2.—"With respect to the restrictions on American vessels, there are various opinions; but from very good authority, I am led to believe it will not take place, at least for a year. You will find, that at Barbadoes, it was continued for that period. A gentleman who saw the Governor's instructions, tells me, they were not so imperative as was at first represented, for they directed, that if the ports of this island are opened after the six months to Americans, he is to assign the reasons for so doing to government.
The same letter adds, "I am sorry to say, that from the late accounts from England, the planters are inclined to raise the price of rum, already too high, to 4s. 6d. or 5s. The price is not yet fixed."
Mr. Richard Williamson, of this city, arrived in town last evening from Albany, which place he left on Saturday morning, and informs us, that the bill for the incorporation of the merchant's bank passed the House of Assembly on Friday last, by a majority of 20—and there was no doubt in Albany, but the Council of Revision would confirm the said act.
The King of Great Britain has appointed Francis G. W. E. Q. to be Captain General and Governor in Chief in and over the islands and plantations in America, commonly called the Bermuda or Somers Islands.
From the Portsmouth, (N. H.) Gazette of March 19.
We congratulate every honest Republican, on the change of sentiment manifested by the citizens of this too long devoted state. Our present returns, when compared with those of the last year, are pleasing. Not a shadow of doubt remains but our worthy patriot John Langdon will be elected by a handsome majority.
HALIFAX, Feb. 23.
It is said, "that the intercourse between this province and the United States (hitherto authorized by proclamation) will be discontinued after the first of May next, unless some urgent necessity, occasioned by the failure of crops, should require the importation of flour or grain."
GARDEN SEEDS.
MRS HEPBURN informs her friends that she has just received an assortment of CABBAGE seed from Philadelphia.
Tyber Garden.
April 1—3t
NOTICE.
THIS is to give notice that the subscriber has obtained from the Orphans Court of Prince George's county in Maryland, letters of administration on the personal estate of Hycram Drane late of said county deceased; all persons having claims against the said deceased are hereby warned to exhibit them to the subscriber properly authenticated on or before the twentieth day of September next, they may otherwise by law be excluded from all benefit of said estate.
RICHARD W. BRASHERS, Adm'r. April 1—3w
FORTY DOLLARS REWARD.
RAN AWAY from the subscriber, living about seven miles from the city of Richmond, a very likely negro boy, named
CLAIBORNE,
seventeen or eighteen years old, about 5 feet 1 or two inches high, of a ruddy complexion, with a bushy head of hair, well made, of genteel address, and clothed when he left me with a brown cloth coat, which had been turned, and a waistdown waistcoat, but expect he will change his dress, and name, as he is uncommonly sensible. He is a tolerable shoemaker and painter, pays indifferently on the violin, but is very fond of it, has been my body servant for several years, and slaves very well. He was seen on the 14th ult on the way to the Rolling Green, I expect he is on his way to the northward and will attempt to pass as a freeman, and no doubt has procured forged passes, for the purpose—I will pay 40 DOLLARS to any person who will secure him in jail so that I may get him again, and the above reward if delivered to me.
NATHANIEL WILKINSON. Richmond, April 1—13t
NEW YORK March 23.
London and Liverpool papers and Lloyd's List, each to the 8th of February, inclusive, are received at the office of the Mercantile Advertiser, for which we are indebted to the politeness of captain Watie of the Liverpool packet. They are ten days later than any heretofore received, and, we believe, are the latest on the Continent. They are, however, uncommonly barren of political intelligence, as the subsequent extracts (which comprise every article worth extracting) will show.
The news of the Rochefort fleet having eluded the vigilance of the British, and got out of port, was well known in England early in February, and its destination was the subject of much speculation. It was by some supposed to have a visit to Portugal for its object; by others an attack on Ireland. The latter opinion was current for some time, and was founded on the circumstance of five large ships having been seen off the Cove of Cork on the 31st of January, which it was afterwards discovered were led thence from St. Helena. It does not appear, by the London papers, that the remotest idea was entertained of the fleet's having failed for the West Indies.
LONDON, February 2.
The two Hamburg mails, which became due, arrived yesterday. An article from Madrid states, "that on the day on which the declaration of war appeared here, a treaty of alliance was signed with Portugal, by which the Court of Lisbon declares itself an ally of Spain, and an enemy to England."
Letters from Genoa, dated January 2, state, that on the 28th of December, the French fleet lay still at anchor at Toulon; the report that it had put to sea was premature. On the 21st of December, Admiral Nelson, with 18 ships of war, sailed from Cagliari, in Sardinia, where he had taken in water and provisions, while Admiral B. Kerton, with his squadron, was cruising off Minorca.
The French squadron at Rochefort, consisting of six sail of the line and two frigates, effected their escape from that port on the 11th ult. There is no doubt but some of our fleets will be able very soon to give a good account of them.
The Paris accounts, of the 16th ult. state, that Bonaparte has consented to permit his brother Joseph to accept the crown of Lombardy, though he has refused it himself. The courts of Naples, Spain, Portugal, and Berlin have, it is said, given their consent to this change. From Austria, however, no answer has, as yet, been received.
PHILADELPHIA, March 29.
Captain Clapp, of the brig Resolute, who arrived at New York on Tuesday last from Trinidad and St. Thomas, informs, that the American Consul at St. Thomas, had received a decree of 14 articles (which capt. Clapp) from the government of the city of St. Domingo, declaring, among other regulations, that all vessels, of whatever nation, that were found within three leagues of the Beggars Ports, should be taken, and THEIR CREWS PUT TO DEATH. This law was to be put in force from and after the 1st of April next.
City Lots for Sale.
THE undermentioned lots of ground are offered for sale, either separately or by squares, on liberal terms either for cash or on credit—they are all free from mortgage or incumbrance, and are subject to no litigation or contest, as the titles are derived by immediate conveyances from the chancellor of Maryland and the commissioners of Washington, to Messrs. Henry Pratt, Thomas Willing Francis, John Miller, junior, John Ashley and Jacob Baker, trustees of the aggregate fund.
 Square No. 54 Lot no. 9 sq 72. Lots no. 2 4 8 to 12 13 14 to 18 sq 84 Lot no. 1 sq 85 Lots no. 20 21 22—sq 103 Lots no. 7 8—sq 145 Lots no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14—sq 348 Lots no. 6 7 10 11 12 13 14—sq 293 Lots no. 1 2 3 7 8 11 12 13 14—sq 349 Lots no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20—sq 488 Lots 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 493 Lots no. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 533 Lots no. 13 15 16 17 18 19 20 21 22 23 24—sq 588 whole square. Lots no. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 635 Lots no. 1 2 3 5 6 9 19—sq 638 Lots no. 1 2 3—sq 639 Lot no. 1—sq 640 Lots no. 1 2 3 4 10 11 12 13 14 15 16 17 18—sq 641 whole square—sq 642 Lots no. 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—East of 643 Lot no. 4—South of 643 Lot no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—West of 645 whole square—sq 973 Lots no. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—South of 1019 Lot no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 1020 Lots no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 1021 Lot no. 1—sq 1022 Lot no. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 1044 Lots no. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 1045 Lots no. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 1047 Lots no. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24—sq 1048 Lots no. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 
Persons disposed to purchase are desired to apply to THOMAS S. HERVEY, Esq. attorney at law and conveyancer, opposite to Rhodes's tavern Pennsylvania avenue. JAMES GREENLEAF, Agnt. and attorney to the trustees of the Aggregate Fund. Washington, New Jersey avenue, Feb 27—3t&wtf

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 for the printing of the same, during the said 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.
STATIONERY WANTED.
Letter paper, hot pressed, vellum, extra large. Do. do. plain. Folio post, wove and plain. Do. medium size for engraving. Foolscap. Ready made pens, per hundred, and quills per hundred. Best Dutch red wax. Do. black do. Red wafers. Common black seal, in papers, and Water boxes and pounce boxes, per dozen. Inks and tints, per pair. Half pint phials with corks, Low priced folders, Lead pencils, Red tape, in pieces. 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 pens, knives, and crafting 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.
am wo k, per sheet, octavo 300 impression of each sheet. Bills numbered per line, in sheet or half sheet, do. Figure work, in octavo, and in Rule and figure work, folio, same number of impressions. T. work. 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, calf, to volume, marked sheep, and lettered.
March 13—ep3w
TRAVELLER'S HALL.
THE subscriber renders his sincere thanks to his friends for the very liberal encouragement which they have bestowed on him. He will finish one of his new rooms in a few weeks, which will be large enough to dine near 200 persons at a time, and will shortly after have the remainder of his additional building completed, which will give him a front of near 100 feet, in the most agreeable part of the town, and in the centre of business, being on the highest part of the public square. He has on hand, and has contracted for a constant supply of the best wines, and foreign spirituous liquors imported, and country provisions, such as forage, foreign & state new provisions—and has secured a quantity of liquors sufficient for the use of his table and bar during the season. He assures his friends, and that respectable part of the public who have patronized him, that there shall be nothing wanting which his time or purse will command, to render the TRAVELLER'S HALL a place of entertainment for general guests only, equal to any in America.
R. BRADLEY.
Lexington, Kentucky, March 18. 1805. N.B. A stage runs from the TRAVELLER'S HALL to the Olymian Springs in the summer, and to Frankfort during the session of the Legislature. March 27—cp3m.
TEN DOLLARS REWARD.
STRAYED from Nottingham a bright forrel-gelding upwards of 14 1-2 hands high, his body lengthy, mane and foretop intermixed with white hairs, and inclined to curly appearance. An evident star in his forehead, and a small trip leading from thence to the nose. His paces, a free and elegant pace, rising to a mixed gallop, and in a manner somewhat uncommon to the frog of his feet nearly at every step. Some marks of the saddle and harness are to be seen. Shod round when he went off. The above reward will be paid to any person delivering him to JAS G. WOOD.
Nottingham, March 27—3t
100 hundred dollars reward.
STOLEN from the stable of the subscriber, near Baltimore last night, a large bay horse, about 6 or 7 years old, near 16 hands high, has been entirely used as a carriage horse, and has the hair rubbed off in several places by the harness, particularly on his rump; one of his hind feet lock joints had been hurt when a colt, and appears limp, is remarkable for not bearing the whip, will kick up his heels when struck, trots very rough and hard, also paces. The thief is supposed to be a tall man, who was seen lurking about the place, had on a drab great coat, and half boots, sandy hair, &c. He also wore an old saddle with plated stirrups, and old bridle. Whoever takes up the horse and thief, and delivers the horse to the subscriber, and convict the thief of stealing the horse, shall be entitled to the above reward.
MUEL N. SMITH.
Baltimore, 27 March 1805.
Judge WILSON'S Works.
Just Published, and for sale by Rapine, Conrad & Co. NEAR THE CAPITOL. THE works of H. James Wilson, L. L. D. late one of the Associate Justices of the Supreme Court of the United States, and Professor of Law in the College of Philadelphia, 3 vols. with an elegant portrait of the author. This valuable work contains the learned author's Lectures on Law, and other works connected therewith, of which he takes a most comprehensive view, and ably explains that intricate science. March 20—2aw3w
A SALE.
ON Monday the 15th day of April next, a 12 o'clock if fair, if not the next fair day, The subscriber living on the premises, will offer at public sale to the highest bidder, a valuable
TRACT OF LAND.
Containing 273 acres, lying in Charles county state of Maryland, within half a mile of Nanjemoy Creek—about one half of the tract is cleared and under a good fence, the other half well wooded. It abounds in never failing springs of water. The soil is well adapted to tobacco, corn and wheat. The improvements are a large comfortable dwelling house, with other necessary buildings. The neighborhood consists of a genteel society of people, and the situation is pleasant and healthy. There are two mills for the grinding of grain, near to the said land; one within 1/4 and the other within 3/4 of a mile, with many other conveniences and advantages which it is considered unnecessary to mention in an advertisement, as those inclined to purchase may be more satisfactorily informed by viewing the land, &c.
The terms will be made known on the day of sale, or at any time previous thereto by application to JOSEPH ELGIN. March 27—tdf
GAVANES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cashmeres, patent Bennet's cord, toiletries, fancy and white Marcellies, black and figured silk, moleskins, fancy silk, Marcellies, constitution cords, velvets, Genoa cord, silk and satin. Florentines, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 30—tdf
One Hundred Dollars Reward.
ON Friday evening the 22nd inst. ROBERT W. PEACOCK, confined in the Jail of Washington County of the District of Columbia, upon a conviction of forgery at December Term, 1804, escaped from said Jail. He was before this conviction a practicing Attorney in the City of Washington, and is very well known in Virginia and Maryland, having resided in both. He is a stout man, 5 feet 10 or 11 inches high, about 34 or 35 years of age, looks young of his age, has blue eyes, full face, fair and ruddy complexion, light hair, which he wears tied behind. He is also very much inclined to corpulency. Whoever apprehends the said felon, and secures him in any Jail, so that I get him again, shall receive the above reward from DANIEL C. BRENT, Marshal of the District of Columbia. March 25—tdf
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol square and begs leave to acquaint them that having purchased a continuance of the patronage of his friends and the public, assuring them that his full determination is to fit up his present hotel, and to conduct it as to merit, he hopes, the preference of the public traveling, as well as those coming to the permanent seat of the Government of our Land of Liberty. PONTIUS D. STELLE. Washington City, March 25—tdf
FOR SALE OR RENT.
THE Tavern for some years past occupied BY PONTIUS D. STELLE. It is situated on the Capitol Hill, and well calculated for a large and extensive business, the situation is well known. Possession can be had after the 15th of April next—for terms apply to DANIEL CARROLL, of Durdington. Washington, March 21—tdf
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, silks, &c. comprising figures, historical and ornamental, landscapes, flowers, fruit, birds, &c. maps wrought in silks, chenilles, gold, &c. print work in figures or landscapes; cloth work in fruit, birds, flowers, &c. flagstone and varnishing in vases, pyramids, baskets, tea caddies, openers, &c. grotto and shell work, artificial flowers, tambour and Dresden, croiss stitch, tent stitch, tapestry, &c. bugle and peal work, painting on velvet, gauze, silk, vellum, &c. Her terms are 200 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—tdf
RACS.
THE highest price CASH, given for clean RACS, by EDGAR PATTERSON, George town, and SAMUEL STETTINIUS, near the Centre market, Washington. March 8—tdf.
100 DOLLARS REWARD.
RAN AWAY, two months ago, about the middle of November, a Negro Man, named TOM DANIEL, five feet ten inches high, black complexion, has lost some of his jaw teeth, very knock kneed, about 45 years of age. It is supposed that he has made to the northward, and has a free pass. He took with him a grey mare, and is very fond of driving a cart—Apply to RALPH LANE, Centreville, Fairfax county, Virginia. wtf
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 their 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—tdf
VENDUE.
TO BE SOLD on the 15th day of April next at STELLE'S HOTEL, Capitol Hill—a variety of Household Furniture, consisting of Beds and Furniture, with a large collection of other furniture, belonging to the Hotel, too numerous to mention—All sums under 100 dollars cash, and above, nine months credit, the purchaser giving approved notes with endorsers, on the bank of this place, or George Town, no article to be removed till settled for. Sale to commence at 10 o'clock. Washington, March 22—tdof
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
War Department, March 6, 1805.
Notice is hereby given.
THAT separate proposals will be received at the office of the Secretary for the Department of War, until 12 o'clock at noon of the first Wednesday in June next, for the supply of all rations that may be required for the use of the United States, from the 1st day of October 1805, until the 30th day of September 1806, both days inclusive, at the following places, viz:
First, At Niagara, Detroit, Michillimackinac, Fort Wayne, Chicago, Swan Creek, and at any place or places where troops are or may be stationed, marched, or recruited within the state of Ohio, & territory of Michigan, & at any place or places within the Indiana territory north of the 4th degree of north latitude. Second, At south West Point, Tellico, Knoxville, Nashville, and within the Cherokee nation between Tennessee and Georgia, and on the Tennessee river, and on the road between said river and Nashville, and at any place or places where troops are or may be stationed, marched or recruited within the states of Kentucky and Tennessee. Third, At the garrison near Vincennes on the river Wabash, at Fort Massac, New Madrid, Chickasaw Bluffs, Arkansas, Natchez and Fort Adams, and at any place or places where troops are or may be stationed, marched, or recruited in the Mississippi territory, except the county of Washington, and at any place or places in the Indiana territory south of the 4th degree of north latitude and fifty miles east of the Mississippi river. Fourth, At St. Louis, St. Charles, Kaskaskia, Cahokia, and at any place or places, where troops are or may be stationed, marched or recruited within the territory of Louisiana north of New Madrid, and at any place or places in the Indiana territory within fifty miles east of the Mississippi river and south of the 4th degree of North latitude, Fort Massac excepted. Fifth, At New Orleans Plaquemines, Point Coupee, Opelousa, Natchitoches, Apponequin, Attakapas, Fort St. Stephens, and at any place or places where troops are or may be stationed, marched, or recruited within the territory of Orleans, or in the county of Washington in the Mississippi Territory, and at any place or places on the west side of the Mississippi river below Arkansas. Separate proposals will also be received as aforesaid for the supply of all rations, which may be required for the use of the United States, from the 1st day of January 1806, to the 31st day of December of the same year, both days inclusive, within the several states herein after mentioned, viz: Sixth, At Fort Wilkinson, Cockpit Island and at any place or places where troops are or may be stationed, marched, or recruited, within the state of Georgia, and on the Indian boundary between Georgia and the Creek nation. Seventh, At Charleston, Rocky Mount, on the head waters of the Santee, and at any place or places, where troops are or may be stationed, marched, or recruited, within the states of North and South Carolina. Eighth, At Norfolk, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Virginia. Ninth, At Fort M'Henry, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Maryland and the district of Columbia. Tenth, At Fort Mifflin, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Pennsylvania, east of the river Susquehannah, and within the states of New Jersey, and Delaware. Eleventh, At Pittsburg, Carlisle, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Pennsylvania, west of the river Susquehannah. Twelfth, At Fort Jay, West Point, Albany, Schenectady, 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 Tumbull, 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 pint 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 proposed 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 Michillimackinac, Detroit, and Chicago, for six months in advance; and at each of the other posts on the western water, for at least three months in advance, of good and wholesome provision, 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 in advance, as in the discretion of the commandant shall be deemed proper.
It is understood that the contractor is to be at the expense 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 characters, 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 referred 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 seaboard, or Indian frontiers not exceeding three months.
H. DEARBORN, Secretary of War. March 8—taw6w
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 now in clover, and eight or ten acres more will be sowed 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 OIL MILL in one end of the same house. The above house is calculated for another water wheel, and is intended for a Merchant Mill, but has not been finished—there is an excellent SAW MILL, so convenient to the contractor to the Grist Mill that one mill can tend them both—there is a WHISKEY 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, blacksmith'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 conveniently 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 Baltimore. THOMAS EDMONSON, jun. March 18—taw3t
DISCOVERED a few day since (in the Telegraph) a challenge by Samuel Norwood, Esq. Bonaparte against Democritus.
At Annapolis this fall, I proposed running Democritus against Bonaparte, carrying from 110 lbs to 140 at the discretion of Mr. Norwood; which was rejected. As Mr. Norwood refused the proposition made by me at that time, I am not bound to run the race proposed by him in the Telegraph—Democritus will run Bonaparte over the Annapolis race course, on the third Tuesday in May next, four miles and repeat, for 1000 dollars, play or pay, carrying 120 lbs. each; which is the weight they are to carry by the rules of racing, both being seven years old—spring—Should Mr. Norwood decline this offer, Democritus will cover mares next spring at the subscriber's farm, from the first day of March until the 21st day of August, at sixteen dollars each and Fifty cents for the groom. Democritus's pedigree is equal to the pedigree of any horse to be produced, having in him the blood of Medley, Belphoebe, Figure, Dove, Adolphus, Arabian, and Mr. Talbot's Silina.
If this proposition is approved of by Mr. Norwood, notice will be given in the Maryland Gazette within forty days from the date hereof. ISAAC DUCKETT. December 21—taw4pr30
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. A. 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—taw3t
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—tawtf