The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1804-03-26 00:00:00

NATIONAL INTELLIGENCER,
A N D
WASHINGTON ADVERTISER.
VOL. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. D.XLI.
FIVE DOLLS. PER ANN.
MONDAY, MARCH 26th, 1804.
PAID IN ADVANCE.
HOUSE OF REPRESENTATIVES.
A MESSAGE from the PRESIDENT OF THE UNITED STATES, transmitting a LETTER AND REPORT from the AGENT Appointed to transact business with the Indians. (Continued.)
Settlement from Milk River to River Huron.
Milk River is so inconsiderable a rivulet, and rendered, from its particular situation, so very unimportant, that I shall not waste my time, nor tire your patience with its description. From its mouth to river Huron is twelve miles—less calculated for a settlement than any other I have seen in this country. It is low, flat, and marshy. These disadvantages, combined with its unhealthy effluvia, form obstacles which neither the industry nor the perseverance of the agriculturalist will be able to surmount. There are, nevertheless, 30 settlers on this tract, notwithstanding its apparent destitution of the advantages of soil, situation and market. These people came into possession in the year 1797, without authority, even from the Indians. Their divisional lines are marked by themselves; and they are ignorant of the number of acres contained in the respective farms. This settlement, however, possesses that regularity which is so remarkable in this country. The farmers are as poor as they are unfortunate in the choice of their situation. All of them are Canadians.
The river Huron is discharged into Lake Sinclair twenty-seven miles above Detroit, and eighteen above the strait. The farmers observable in many parts of this country impels me to fall into a monotony of expression which will be to you fatiguing; yet, simple truth must be preferred to every other consideration. The river is a gentle, narrow stream, navigable for boats thirty miles above its mouth. The settlements extend up the river nine miles, and contain 34 families in present occupancy, laid off as those on the river Raisin, with this difference, that they have by survey no fixed nor determined rear boundaries, each tract extending back from the river or front boundary to a bog at the distance of 40 or 50 acres. This land is level, and the soil is dark and rich, labouring under no inconvenience from too great a quantity of water. It is tolerably well timbered—Hickory, Oak and Elm are most observable. Some of the people are agreeably situated; but in general, they are poor in the extreme, owing to that indolence and want of skill in agriculture, which so conspicuously mark the Canadian character in this country. All the settlers are of this description except four, who are Englishmen of industry and enterprise. Twenty of those farms were purchased of the Indians, and settled in the year 1788. Ten in the years 1793, 1795 and 1796; and four in the year 1800, without authority of any kind.
From the river Huron to Sinclair river.
The distance, following the circuitous margin of the lake, is 15 miles. With respect to the intermediate space, it may be necessary to make some observations. The first and most important subject relative to the interest of the United States is a salt spring, on a small stream, 4 miles east of river Huron, and 3 miles up the said stream, from the Lake. From experiments which have been made I am justified in saying, that this spring deserves the public attention. It was wrought some time by a couple of men, who, owing to their want of capital, were incapable of conducting the business on an advantageous plan. By those men I have been assured, that a quart of water did, with them turn out one gill of salt; and in all their trials with greater quantities, it never failed to produce in the like proportion. There is a sufficient quantity of water for the supply of works to any extent.
It is scarcely necessary to observe that this spring is claimed by a mercantile house, under the firm of Meldrum and Parks; the particulars of which claim, I considered as unworthy of investigation, well knowing it must have been recently obtained from the Indians. The lands above the spring are rich and favorable for village, particularly for the cultivation of wheat. Those extending to the mouth of the river Sinclair, are rather too low and marshy. Two Canadian families, have notwithstanding, settled on them, who took possession of the spots they respectively occupy, in the year 1801.
'POINT O' TRAMBLE. From the mouth of the river Sinclair, six miles up, are twelve farms, that front the river in the usual manner, from three to four and five acres, and forty back, none exceeding in quantity, two hundred and forty—This land differs from the face of this country generally. It's soil possesses every mark of poverty, sandy and low in the extreme. Nothing exists to recommend this settlement, except it's bordering on one of the most delightful rivers in the western world.
The only pretension those people have to their farms, is derived from a simple possession, taken obtrusively, in the years 1780, 1785 and 1790. They are all Canadians. From this settlement, for twelve miles up the river, not a vestige of a house can be seen, owing, I suppose, to it's being for that distance, a perfect barren; when you are suddenly and agreeably surprised with the presentation of a number of fertile and well improved farms, edging the river, for the extent of ten miles, to the amount of 25 farms, now under cultivation, and laid off on the river, as other settlements in this country, with this difference, that the claimants extend their farms 10 and 20 acres in front of the river, and, in two instances, from 45 to 50, all running back to one rear line, which is, by survey, forty acres.
Three thousand seven hundred and fifty nine acres of this land were purchased of the Indians, by Patrick Sinclair, British commandant at fort Sinclair, in the year 1765, who held it until the year 1782; during that time deriving from it a considerable profit as a pinery. In the year 1782, he left this country, and gave it, by deed of gift, to a Canadian, by the name of Vatiren, who sold it in the year 1784, by the auctioneer at public sale, at which time, Meldrum and Parks, a mercantile house of this country became the purchasers, who have since that period claimed it as their property, and erected upon it valuable improvements. There are, notwithstanding, five farmers upon it, besides the tenant of Meldrum and Parks, who forcibly settled the farms they severally occupy, in the year 1800. The other nineteen farmers claim under Indian deeds in the years 1780 and 1782.
The river Sinclair is in length, 45 miles, and in beauty and convenience of navigation, preferable to Detr. it, though it is not quite as wide. Such is it's transparency, that the eye can distinguish, at it's bottom, in fifteen feet water, the most minute object. In it there are no shoals, and in depth generally five and six fathom.
I am your most Obedient Servant, C. JOUETT, Indian Agent, Detroit.
Foreign Intelligence.
ACTS OF GOVERNMENT.
Exposition of the state of the Republic.
PARIS, 23 Ventose, (Jan. 15).
"THE Republic had been forced to change its attitude, but has not altered its situation. It always preserves in the consciousness of its strength the pledge of its prosperity. All was calm in the interior of France, while at the commencement of the last year, we still entertained hopes of a durable peace. Every thing was tranquil, when a power, guided by jealousy, re-kindled the flames of war. But at this last epoch the union of interest and of opinion was more full and more complete. Public spirit developed itself with new energy. In the new Department which the First Consul has visited, he has heard, as among the old ones, the accents of indignation truly French. He has recognized in their hatred to a government which is the enemy of their prosperity, more than in the demonstrations of public joy and personal attachment, their ardour of patriotism and their devotion to the interests of France. In all departments the ministers of religion have exerted their influence to consecrate this spontaneous display of national spirit. D-pots of arms, which had been buried in the earth by the rebel fugitives, to be resumed as soon as an opportunity favorable to their designs presented itself, were discovered on the first appearance of danger, and delivered up to the magistrates, to be put into the hands of our brave defenders. The British government will, perhaps at-
tempt to introduce, or may already have introduced, some of those monitors which it had cherished during peace, to destroy the country that gave them birth; but they will no longer find those impious bands who were the instruments of their former crimes. Terror has disarmed them, or justice has purged our country of these traitors. They will no longer find that credulity which they abused, nor the feuds which sharpened their swords. Experience has instructed all orders. The wisdom of the laws, and the excellence of their administration, have reconciled all hearts. Surrounded on all sides by an armed force, every where watched by the tribunals, these odious men will not be able to stir up rebellion, nor to recommence, with impunity, their trade of brigands and assassins. Already has a miserable attempt been made to excite insurrection. The conspirators were made the pretext for it. But citizens, priests, and soldiers, all vied with each other in their zeal to defend their country. Those who were formerly the authors of commotions, now come to offer their aid to the public authority. In their persons and in their families, were the pledges of their fidelity and devotion. In fine, that good will and beneficence, which particularly characterize the security of citizens, and the return of the social affections, disclose it more forcible from day to day. In all quarters the unfortunate are sure of relief, and useful establishments are founded. War has not interrupted the studies of peace; and the government has pursued with constancy every measure which can accommodate the Constitution to the manners and the habits of the people, and render all their interests and their hopes favorable to its duration. The Senate has been organized in that mode best suited to its importance. Funds for the support of its members have been allotted, and their establishments now give it an imposing grandeur. The legislative body will henceforth appear with the majesty suited to the importance of its functions. An annual President shall be the centre of its movements; and the organ of its deliberations and wishes, in its relations with the government. This body will then possess that dignity which is inconsistent with variable and undefined forms. In the Electoral Colleges every thing has been calm, and the wisdom which guided their elections is the best pledge of their happy choice. The Legion of Honor exists in the higher parts of its organization, and in a branch of the elements of which it is to be composed. These elements, at present equal, only wait for the ultimate choice of their functions and their places—How many honourable traits has the ambition of being admitted into it disclosed! What treasures will the Republic have in this institution to encourage and to reward public services and virtues! In the Council of State, another institution prepares for the choice of government, men to be vested with all the superior branches of administration. There laws and regulations are formed. There, the principles and maxims of public law are investigated and discussed. The members of this new institution, always surrounded with witnesses and judges, often employed in important missions, will enter on their public functions with that claim to confidence, which is derived from a character, conduct, and knowledge fully known to the nation. Lycae and secondary schools are rapidly increasing in all quarters, but still not with a rapidity equal to the impatient ardour of citizens. Common regulation, a common discipline, and a familiar system of instruction will form the minds of those generations which will support the glory of France by their talents and her institution by principles and virtues. One prytaneum alone, the prytaneum of St. Cyr, receives the children of citizens who have fallen for their country. Education there already glows with military enthusiasm. At Fontainbleau, the Special military Schools contain several hundred soldiers, who are employed in discipline and inured to fatigue, and who acquire with the habits of their profession the knowledge of the military art. The school of Compiegne presents an aspect of a vast manufactory, where 500 youths, pals from the workshop to the study, and from the study to the workshop. After the lapse of a few months, they execute with the precision of intelligence, works which could not be obtained after years of ordinary apprenticeship, and soon commerce and industry will enjoy the fruit of their labours and the cares of the government.—Artillery and fortification have a common school. Medicine and pharmacy have
been put under some salutary regulations. A law has been passed for the regulation of the duties between master and servant, and their differences are now adjusted with a celerity which is essential to their mutual interest, and an impartiality which justice requires. The Civil Code is finished, and in the course of the session the projects of the laws which are to complete it will be submitted to the legislative body. The Judiciary Code is in a state of preparation. The Criminal Code advances; and those branches of the Commercial Code which are most imperiously called for will speedily be completed. New bridges are constructing on various rivers of the Republic."
The article goes on to notice the continuation of the roads, the draining of marshes, the state of fortifications, and other local subjects. The details here could not be interesting to our readers, and therefore we pass on to other subjects of more importance.
The great improvements executed at the different harbors are next specified; —"At Antwerp, in particular, there have been suddenly built a militia post, an arsenal, and ships of war. The enlargement and repairs of this ancient harbor are defraying by two millions, raised by the sale of national domains in the departments of the Scheldt and Deux Nethes. At B.ogne and Havre, that line of coast which the enemy will henceforth call "a coast of Iron," the greatest undertakings are going forward, as well as at Rochelle, Certe, Marseilles, Nice, &c. while the navigation of the interior is placed under the inspection of prefects and other officers, who incessantly exert themselves for its advantage.
On the subject of Finances, the article says—"The last year has been favorable to our finances. The receipts have exceeded the previous calculation. Direct contributions have been collected with ease. The operations which are to regulate the mode in which taxes on landed property are to be collected, go on with amazing rapidity. Distribution will become invariable, and we shall see no more of that conflict of interests, which corrupted public justice, and the jealous rivalry which threatened the destruction of the industry and prosperity of every department. The prefects and the Councils General have required that the same operations should extend to all the communes of their respective departments, with the view of establishing the basis of proportional contribution. A decree of the government has authorized this system, which is at once simple and more economical. The sinking fund executes with fidelity and constancy its destination. Svere responsibility and inviolable fidelity on the part of those who manage it, deserve the confidence of the government. The new coinage goes on without interruption. The credit of the country is supported amidst the shocks of war and the rumours of the disaffected. The expenses of the colonies are defrayed either by direct transmissions of money or by operations on the continent of America." But amidst this vaunted prosperity it appears that the government were alarmed at the creation in St. Domingo of a mass of bills, to the amount of 42 millions, without any contribution to the actual or anticipated wants of the colony. These bills were conveyed by unprincipled men to the Havanna, Jamaica, and the United States, where they were delivered at a shameful inferiority of value to people who had furnished neither money nor merchandise. Under these circumstances the government found it necessary to arrest the course of such an infamous proceeding, and to prevent the nation from sustaining the loss with which it was threatened; and for this purpose an agent was sent to St. Domingo, to ascertain what number of bills had been issued, by whose authority, and on what conditions. In short, eleven millions not in circulation, were annulled, and accounts were obtained of the rest. Those for which an integral value had been received, were discharged with interest to the day of payment; but those which were issued without any real value, were considered as false, and are to undergo a rigid examination."
After a few observations on the pacific views of the French government, the whole concludes in the following manner:
"This, then, was the moment which the British government chose to alarm its nation, to cover the channel with ships, to insult our commerce by injurious inspections, and our coasts and ports as well as those of our allies, by the presence of its menacing forces."
"If on the 17 Ventose of the 11 year, there existed any extraordinary arma-
ment in the ports of France and Holland; if a single preparation was made in them to which the most remote suspicion could give a sinister interpretation, then we are the aggressors: the Message of the King of England and his hostile attitude have been rendered necessary, by a legitimate precaution, and the English people had a right to believe that we threatened their independence, their religion, their constitution: But if the assertions of the Message were false, if they were contradicted by the opinion of Europe, as well as by the conscience of the British government, then that government have deceived their nation; they have deceived it by precipitating it without reflection into a war, the terrible effects of which now begin to be felt in England, and the results of which may be decisive of its future destiny. The aggressor, however, ought alone to answer for the calamities which afflict humanity."
"Malta, the cause of this war, was in the power of the English; it remained with France to arm to effect its independence; it was France who waited in silence for the justice of England, and it was England who began the war, even without a declaration."
"By the dispersion of our ships, and the security of our commerce, our losses might have been immense. We foresaw those circumstances, and we would have supported them without discouragement or weakness, but happily they have been less than we apprehended; our ships of war have returned to European ports, one only excepted, which had long been employed merely as a transport, has fallen into the hands of the enemy."
"Of two hundred millions, which the English cruisers might have ravished from our commerce more than two-thirds have been preserved. Our privateers have avenged those losses by important captures, and they will complete their revenge by others more important."
"Tobago and St. Lucia were defenceless, and were obliged to surrender to the first force which appeared; but our great colonies are yet preserved, and the attacks made against them by the enemy have proved fruitless."
"Hanover is in our power; 25 000 of the best troops of the enemy have laid down their arms and become prisoners of war. Our cavalry has been remounted at the expense of that of the enemy; and a possession which was dear to the king of England is in our hands, a pledge of that justice which he will be compelled to render to us."
"On the seas, British despotism daily adds to its usurpations; in the last war it struck terror into the neutral nations, by arrogating to itself an inimical and revolting pretension of declaring their whole coast in a state of siege. In the present war, it has just augmented its monstrous code by the pretended right of blockading rivers and canals."
"If the king of England has sworn to continue the war till he shall have reduced France to sign such dishonorable treaties as formerly exposed its misfortune and weakness, then the war will be long. France contented in the treaty of Amiens to moderate conditions; she will never acknowledge in the British government the right of fulfilling their engagements only as may suit the progressive calculations of their ambition, nor their right of acquiring further guarantees than those which had been faithfully pledged. But if the treaty of Amiens has not been executed, how can we expect, in regard to a new one, a faith more holy, or oaths more sacred?"
"Louisiana is henceforth united to the American States; in that quarter we shall preserve friends, whose remembrance of a common origin will always attach them to our interest, while favorable commercial relations will unite their prosperity with ours. The United States are indebted to France for their independence; they will henceforth owe to us their strength and grandeur."
"Spain remains neutral. Helvetia is re-established in her constitution, which has suffered no change, but what has been rendered necessary by a lapse of time and change of opinions. The retreat of our troops from this country, is a proof of its internal security, and of the end of its dissensions. The antient treaties have been renewed, and France has regained her oldest and most faithful ally."
"Peace reigns in Italy: a division of the Italian Republic is at this time crossing France to encamp with our own on the sea coast. These battalions will there meet with innumerable instances of that patience, bravery, and heroism which distinguished their ancestors."
"The Ottoman Empire, fatigued by intrigues, will gain by the interests of France the support of ancient alliances."

...treaty of Luneville, is secured by the last acts of the Diet of Ratisbon. The enlightened interest of great great powers, the fidelity of the French government in cultivating with them relations of friendship; the justice, energy, and the forces of the republic will guarantee it.
(Signed) BONAPARTE. By order of the First Consul. H. B. MARET.
The reading of this article being finished, the President answered the orators of government in the following terms:
"The picture that has been traced for you of our internal situation, is as encouraging as faithful. Government does not deceive the French people. Its deputies, assembled here from all the departments, all acknowledge the acts of kindness conferred upon them. They have seen the very things you have painted; and all the voices of France are raised, as it were, in this circle, in testimony of the fidelity of what you have said."
"Citizens counsellors of state, the legislative body is going to form itself into a general committee to examine the importance of the message which you have submitted to it, and to enter into a deliberation worthy of it, and of the government which has sent you."
The printing of the Exposition, and of the President's answer, was called for.—Ordered.
The counsellors of state, Treilhard, Desormier, and Gally, were introduced. Treilhard spoke as follows:
"Citizen legislators, the hour is come to resume the edifice of our legislation, of which the basis have been so happily laid in the course of the last session, and we bring you the 1st chapter of the 2d book of the civil code. This book contains four heads, viz. the distinction of goods, property, usufruct and habitation, servitude and services."
He then proceeded to explain the same at length, and the discussion of the project was fixed for a distant day.
In the sitting of the 11th, a message was sent to the legislative body, acquainting them that the First Consul, by virtue of the powers invested in him, has appointed citizen Fontanes, President of the legislative body; the next day general Seret was chosen one of the Vice-Presidents.
The President Fontanes, in the course of his address, on being elected to that office, made the following observations:
"At the moment we are about to commence the labours of this memorable session, France is ready to measure herself against her implacable enemy; and yet France is under no alarm. How different is the case in England! She perceives the French on the other side of the channel, and disorder prevails in her assemblies, fear in her towns, and confusion in her councils. On the contrary, in the midst of our preparations for the combat, we enjoy all the benefits of peace; and this internal tranquility ought to create as much dread in our enemies, as the valour of our armies."
The salary of the President of the legislative body amounts to 100,000 livres, besides an elegant furnished palace, and a stable equipage from the consular stables, &c.
General Murat is appointed governor of Paris, and commander of the first military division, with the rank of commander in chief.
PARIS, January 18.
The officers who arrived with Gen. Nogues, have furnished the following details:
Parliament is composed of 600 members, and is divided in the following manner:
Two hundred and fifty always vote with the Chancellor of the Exchequer, be his opinion what it may—let him declare that the sun shines at midnight.—For this they are paid.
The English Oligarchy, formed by Messrs. Windham, Melville and Pitt, who, like the oligarchs of Venice and Genoa, no longer know how to hold themselves in the new position of Europe, and whom the pride with which they are puffed up will not permit to see, till it be too late—this oligarchy influences ninety members.
The Prince of Wales influences eighty.
Mr. Fox's party, and those who prefer the present ministry, whatever contempt they hold it in, to seeing the oligarchs restored to power, may be estimated at eighty.
The remainder consists of generals, officers, and other members, who do not attend Parliament.
The present minister is acknowledged to be incapable of making peace; and peace once made, not possessing the energy necessary to maintain it inviolate, and secure from the opposing parties, is equally incapable of conducting properly, so difficult a war, and of drawing any advantage from the finances in the circumstances which may happen. But the king, tired of the yoke of the Pitts, Temples, &c. will have no other mi-
an equal hatred of the opposition.—Hence the existence of this most contemptible administration, from which England can expect no benefit, nor Europe any repose.
It is difficult to conceive how much public credit and manufactures have declined since the war. The persons who furnish these documents have been at Birmingham, Manchester, Sheffield and Coventry. The ware houses are shut up, in the strict sense of the word, and the manufactures dispersed. A great part take post on the highway; the rest are in the greatest want, and wander about in search of subsistence. The press has got rid of a great number, who have been sent on board the fleets of Admiral Cornwallis, Keith, and Gardner. There is no doubt but that, were a battle once lost, half those people would join the French army.
The maritime commerce of England has suffered much since the war. Vessels in the East-India trade, which were sold for 32,000l. sterling fill now for only 9 or 10,000l. that is to say, for a third. All the banks have also suffered greatly. Specie has disappeared, and there is not an Englishman who is not collecting a little treasure against an emergency. To procure specie, at least ten per cent. must be lost. Not a guinea can be obtained of the London bankers, without a large discount. The moment a descent is effected at any point, the private banks will all fall. In a word, England is in the situation of a ship in the midst of a violent tempest, when there is no confidence in its pilot.— Moniteur.
House of Representatives.
MONDAY, March 12.
On the Impeachment of Judge CHASE.
Mr. ELLIOT. Mr. Chairman, I have undertaken this day, in a manner neither copious nor tedious, to examine the relative rights of judges and of private citizens. The task is an important one, and I have only to regret that it very far transcends my feeble powers.
In the immense volume of the history of the human mind, there are no sections more interesting, than those which develop the latent springs of human action, and record the effects of the spirit of party upon the will and the best of men. It is impossible, however, to judge of causes otherwise than by consequences, of motives otherwise than by actions. On an occasion like the present, it is a duty to discard the pride of party and the pride of power. But I have not risen to deliver a moral or political lecture to the committee: I have risen for a very different purpose. As my opinions upon this subject are probably peculiar to myself, I have opened the discussion with a view to preclude myself from taking any part in the extensive debates which the subject can scarcely fail of producing hereafter. My views shall be succinct, and I will not wander, even for a moment, from the real question.
The resolution under consideration contemplates the impeachment of Samuel Chase, one of the judges of the Supreme Court of the United States, upon a charge of high crimes and misdemeanors. Although I doubt whether judge Chase has been guilty of any act which can with propriety be called a high crime, yet he appears to me to have committed one or two misdemeanors. I shall, therefore, under my present impressions, be compelled to vote in favour of the resolution; but my mind is open to conviction, and I hope to be enlightened, if I have unfortunately fallen into error. To misdemeanor is to behave ill ; a misdemeanor is an act of ill behavior ; and the constitution limits the duration of the office of a judge to the period of his good behavior . I am not of opinion that every act which, strictly speaking, may be considered as misconduct, ought to subject a judge to impeachment; the misconduct must possess some degree of criminality. In England, it has long been the practice, and the practice has grown into law, to give great latitude to the discretion of judges, to presume, unless the contrary appears by incontrovertible evidences, that their errors are the errors of judgment, and not to punish them for any error of judgment whatever. It accords with my disposition to adopt, in their full extent, those equitable maxims of the British code. I have no wish to adopt the principle, de novo crimine disce omnes, et ante hanc diem inauditum . From the proof of one act of misconduct, I will not presume the existence of others; nor will I create new crimes, unknown till this moment.
Except in relation to the trial of James Thompson Callender, I have discovered no ground of impeachment against Mr. Chase; and I will concisely examine the voluminous testimony before us, from which ingenuity may extract a variety of other accusations. The first charge will be, that John Fries, when arraigned for treason, was deprived of a constitutional trial, by the
arbitrary conduct of the court. Callender, however, after an impartial review of all the circumstances of the case, will make a different decision. It appears from the testimony of Mr. Lewis, that judge Chase, at the moment when Fries was placed at the bar, "handed or threw down to Mr. Caldwell, the clerk of the court, one or more papers, and at the same time delivered himself, in substance, as follows:—That he understood, or had been informed, that on the former trial or trials, there had been great waste of time, by counsel making long speeches to the jury on the law as well as on the facts, and on matters which had nothing to do with the business before the court, and he particularly noticed, in strong and pointed terms of disapprobation, their having read, and I think having been permitted to read, certain parts of certain statutes of the United States, relating to crimes less than treason, in order to shew that the prisoner's case came within them, and which he said, he or the court, (I do not recollect which) would not suffer to be read again, as they had nothing to do with the question. He added, that we are judges of the law and understand it, or we are not fit to sit here; that cases at the common law, or under the statute law of England previous to the English revolution, had nothing to do with the question, and that they would not suffer them to be read; that they had made up their mind on the law, and had reduced it to writing, and that the counsel might conduct themselves accordingly. (or conformably to it) he or they had ordered copies of it to be made, and one of them to be delivered to the counsel in support of the prosecution, and another to the prisoner's counsel, and that as soon as the case was opened or gone through (I am not sure which was the expression) on the part of the prosecution, he or they (I am not certain which) should order one to be delivered to the jury. He also added, that if we had any fault to find with the opinion of the court, or had any thing to say on the law, to shew that they were wrong or had mistaken it, we must address ourselves to the court, and not to the jury." This is the evidence which I consider as material to the first point in question. Although the jury are to decide both the law and the fact in criminal cases, I have never heard it doubted that the court have a right to deliver their opinion upon the law, at any stage of the trial. But it is said that by this oppressive conduct of the court the prisoner was deprived of the benefit of counsel. In order to form a correct opinion upon this point, it is necessary to consider the conduct of the court in the first instance, that of the counsel in consequence, and that of the court which followed. That I may save the time of the committee, I will endeavour to state from memory the substance of the volume of evidence on the table, although I have had very little time to prepare myself for this discussion. Of course the testimony of Mr. Lewis, Mr. Dallas, and Mr. Rawle, must be in some measure blended. It appears that the learned counsel considered the conduct of the court as unprecedented, injurious to the prisoner, and invasive of the rights of the bar; and they declined to proceed in the defence. The trial, however, was not precipitated.—In the evening Mr. Chase became sensible that he had committed an error. The next day he told the counsel, "you are not bound by the opinion delivered yesterday, but may contest it on both sides." "You are at liberty to proceed as fully as you think proper; address the jury, and lay down the law as you think proper." "Having thus explained the meaning of the court, you will stand acquitted or condemned to your own consciences, as you think proper to act. Do as you please." Judge Peters asked, if an error had been committed, would not the counsel suffer it to be corrected? I ask to too. Why did they not suffer it to be corrected? Could a court ever descend deeper into the valley of humiliation? Why deny to judges, the privilege so dear and so necessary to all men, that of correcting their mistakes? But the counsel were of opinion that there had been a prejudication of the cause. No such thing.—When the court thus retraced the ground they had first trodden, I am clear that the general impression upon the minds of the jurors, resulting from the conduct of the court, would have been favourable to the prisoner rather than otherwise. We find, in the testimony of Mr. Dallas, the real reason for the strange conduct of the counsel.—"Mr. Lewis, and myself were greatly influenced in the conduct which we pursued, by our opinion of the means most likely to save the life of Fries, under all the circumstances of his case." They anticipated his pardon by the President, if condemned without counsel. I have formed a decided opinion that Fries was not, by any misconduct of the court, deprived of the constitutional privilege of being heard by counsel, and of course that there exists no ground for impeachment, as it respects that trial.
I presume the committee of enquiry were of opinion that the conduct of the judge, in the case of Cooper, was improper. Mr. Cooper was indicted for
a libel on the President; he offered to give the truth in evidence, and applied for a subpoena for the President himself as a witness, which was very properly refused. Suppose a subpoena had issued. The President of the United States would have commanded the marshal to summon the President of the United States into court. He disobeyed the summons. The President then commands the marshal to attach the President. Is not this absurd? Not that I think the President ought to be above attending any court as a witness, in criminal or civil cases. But it is presumed that his whole time is devoted to the important concerns of the nation, concerns infinitely more important than those of any individuals. If he cannot be prevailed upon, or cannot make it convenient, to appear in court, he certainly cannot be compelled to do it.—But for what purpose was the testimony of the President wanted? Contrary to every principle of law and to the dictates of common sense, to criminate himself ! Is not this absurdity rendered still more absurd?
By the testimony of Mr. Mason, and Mr. Smith, it appears that judge Chase delivered a charge to a grand jury at Baltimore, "in which there was much political matter. He spoke of the act of Congress entitled "An act to repeal certain acts respecting the organization of the courts of the United States, and for other purposes, as alarming and dangerous in its tendencies, as it went to destroy the independence of the judiciary. He inveighed in very strong terms against the amendment made by the legislature of Maryland to their state constitution, &c." Next to the holy altars of religion, I consider the temple of justice as the most improper place from whence to dispense the dogmas of party, or the theories of political disquisition. I have felt much indignation at such conduct heretofore; I have always considered it as highly improper, but not as criminal. When I was one of that class of citizens who composed the minority on political questions generally, I believed that I had a right to examine and censure the measures of government: And I believe that judges possess the same political rights as private citizens, although the bench may be a very improper situation in which to exercise them. This charge can constitute no ground for an impeachment.
It is to me a subject of no small regret, that the deposition of Jonathan Snowden has found a place in this voluminous collection of evidence. Mr. Snowden has undoubtedly testified the truth, but I object to the nature of the testimony. To take any notice of it would be inconsistent with the dignity of the grand inquest of the nation. Judge Chase is stated to have said to judge Washington, "to tell you the truth, if I had known them as much as I do now, I should not have fined him (Callender) so high." From the testimony of gentlemen of high respectability, who were present on that occasion, it appears that the conversation was of a sportive nature; and in common charity we should have presumed that it was so. From an incautious expression in the moment of convivial amusement, shall we deduce the conclusion that the judge was governed by corrupt motives in the conviction of Callender!
In the trial of Callender, indeed, I believe the judge to have been guilty of such misconduct as ought to render him impeachable. I have not formed this opinion without experiencing many doubts and difficulties, which I shall be happy to have completely removed; and I shall be equally happy to be convinced that I have done wrong in concluding to vote for the impeachment. The constitution secures to persons accused of crimes, the right of compulsory process to procure witnesses, and of trial by an impartial jury. From the testimony of Mr. Hay and Mr. Nicholas, it appears that Callender was deprived of those great constitutional privileges. However atrocious the libel or the libeller, there should have been a fair trial. A motion was made for a continuance, upon the facts stated in an affidavit, which is now before us, I have examined it, and it appears to me to have been sufficient to sustain the motion; and we are told that the motion was urged on constitutional grounds. Mr. Hay says—"The witnesses were none of the evidence expected from each distinctly stated, and the documents wanted, clearly specified. When this affidavit was presented to the court, it was urged by the counsel, that the constitution secured to the prisoner a right to process to enforce the attendance of his witnesses. He had also a right, under the constitution to the assistance of counsel in his defence; but if he were tried, when his witnesses were absent and his counsel not prepared for his defence, without any default in him or them, these important provisions in the constitution would be useless." The motion was instantly over-ruled. The attorney for the United States was told, that it was unnecessary to reply. Mr. Chase said that it would be a waste of time; that there was no reason for putting off the trial; that as the prisoner did not swear that he could prove all the charges recited in the indictment, his having testimony as to part of them was
immaterial: he must prove all, continued Mr. Chase, or it must appear that he can prove all, or the trial will not be postponed." Mr. Nicholas says—"we renewed the motion, and it was urged with great earnestness, under a conviction that a fair trial could not be had without Callender's witnesses, and that as many of them lived at the distance of several hundred miles, and the prosecution had originated only a few days before, it was impossible that Callender could have procured their attendance. We thought also that he had a constitutional right to obtain compulsory process to compel the attendance of his witnesses. The court refused to grant a continuance, and judge Chase declared as the reason why the continuance was refused, that Callender had not stated in his affidavit that he could prove the truth of all the charges stated in the indictment; that it was necessary that he should prove the truth of all the charges to obtain an acquittal, and that as the witnesses who were absent were to give evidence as to part of the charges only, their absence afforded no good reason for a continuance." Such are the facts in evidence. I think it cannot be denied that Mr. Chase denied to Callender a constitutional privilege; and I am equally clear, if I may be permitted to say so, that the reasons which he gave for the denial were repugnant to the most plain and obvious principles of law. By the law upon which Callender was indicted, he had the right to give the truth in evidence, and the jury had the power to determine both the law and the fact. Judge Chase declared that he must prove all the charges, or be convicted. Was not this unreasonable? I will take it upon me to repeat that this decision was contrary to law and reason. Callender had the right to select one of the charges, or any number he pleased, prove them true, and contend that the remaining charges contained no libelous matter; and if the jury had been of that opinion, they must have acquitted him. Another constitutional right, that of trial by an impartial jury, was also denied. Mr. Nicholas—we mean to challenge the array and take every advantage which the laws of the country give us. In support of this doctrine I will read a passage from "trials per pais"—(here he read the passage)—I believe there is testimony in court to prove that one of the jurors returned by the marshal, has expressed sentiments hostile to the traverser. It is like a case stated in the books, where a verdict was set aside, because a juror had previously said that the man accused ought to be hanged; and in that case, on the second trial, every juror was called on to say whether he had formed an opinion on the subject or not?"—I am willing to admit that the law relied on by Mr. Nicholas is of modern date, and by some considered as not perfectly established in criminal cases, probably for the reason mentioned by judge Chase, that the whole country may have heard of the crime and the criminal, and formed an opinion; it is clear from the books that it is settled in civil cases, and it is certainly in itself very reasonable. "The court having refused to continue the cause, the jury was called, and one of the counsel for the defendant stated to the court, that he wished to ask the juror, who was called to the book, before he was sworn, whether he had formed an opinion on the work entitled "The Prospect Before Us," from which the charges in the indictment were extracted. Judge Chase laid no such question should be asked, that the only question which would be allowed was whether the juror had formed and delivered an opinion on the charges contained in the indictment? The juror answered that he had never seen the indictment or heard it read. The judge directed that he should be sworn in chief. The counsel then asked that the indictment should be read to the juror, which might enable him to decide whether he had formed and delivered an opinion on the charges in the indictment. Judge Chase said the court would not permit this." Mr. Robertson testifies that the judge said, "he has answered that he never saw the indictment, nor heard it read, and if he has neither read nor heard the charges, I am sure he cannot have formed or delivered an opinion on the subject." Here I cannot but remark, that this conclusion of the judge was extremely illogical. Because he refused to let the juror know what the charge was, he concluded that the juror could not have formed an opinion upon it! Mr. Robertson afterwards says—"The eighth juror answered when the previous question was put to him, that though he had never read or heard the charges in the indictment, and knew not what the traverser had published, yet he had formed an unequivocal opinion, that such a book as "The Prospect Before Us," was, came within the sedition law. But no objection was made to him, and he was sworn like the rest." It may be asked why no objection was made? The answer is ready. Judge Chase had prejudged that the objection was not a good one; but I think differently, and believe that it was his duty to set aside the eighth juror. I cannot and will not believe, with this evidence staring me in the face, that Callender was tried by an

impartial jury of his country; the eighth juror, at least, must have possessed a mind far from impartial towards the author of The Prospect . It is proved that the judge denied to the prisoner the great constitutional privileges of compulsory process for witnesses and trial by an impartial jury. But we shall be told that these were errors in judgment. I do not suspect him of corruption, but I believe him to be impeachable for misconduct of this description, whether it be the consequence of passion, prepossession, or party spirit. To allow judges to disregard the constitution, and shelter themselves under the doctrine that they are not punishable for errors of judgment, would be giving them a dangerous latitude indeed. It is true that Judge Chase, in the latter part of the trial, appears to have been cool and candid.
I am a friend to the constitutional independence of the judiciary, but opposed to giving to that department an oppressive and overwhelming power, destructive to the liberties of the people. I regret extremely that it has become our duty to accuse a man so eminent for talents and learning, particularly for legal learning, of high crimes and misdemeanors! I wish I could ascribe his misconduct to the passion of the moment or to those ordinary prejudices which invariably constitute a part of the infirmities of human nature. I consider myself as one of a numerous band of centinels posted around the temple of justice. It is our duty to guard it with more than usual vigilance, and to prepare punishment for those who appear to us to have presumed, with unhallowed hands, to minister at its sacred altars!
WASHINGTON CITY.
MONDAY, MARCH 26.
We understand that the Executive have received the following COMMUNICATION—OFFICIALLY.
For the safety of the navigation to and from TRONDHJEM, (in Norway): a lantern light has been erected on Agnos Point , which for the future will be kept burning from the 1st September to the 15th April, (both inclusive) half an hour after sunset till sunrise.
This lantern light is fixed on a red painted edifice, on the most northern part of Agnos Point , about 60 feet above the water, eastward of the little bay, where Agnos farm lies, and not above 100 yards from the fame. Ringeluen , the dangerous rock on the east of Agnos Point , bears east half south from the light, about 200 fathoms, and Gaasfuen , or the western rock, near Agnos Point , bears in a line with Oelands Church , N. to W. from the light, distant from it about 120 fathoms, the Island Garten is N. N. E. from the light.
Vessels for Trondheim coming from the west, and having the Island Garten to the northward, will be sure of seeing the light on Agnos , and may steer for the port till they have the light due south on their side, keep off right opposite the light, and steer to the shore, till they come within 30 fathoms of it, and then go along shore, they will thus pass with safety Ringeluen , or the eastern rock which lies N. E. to E. half N. from the Point—distance of 120 to 130 fathoms. Vessels coming from the eastward, may, when they have the light at W. half S. safely hold off and steer the course out.
Vessels having the wind a head and the light in light, may without danger cruise off until daylight, so long as the atmosphere does not prevent the light from being seen.
The following has been received from a gentleman at Alicante under date of 6 Dec. 1803.
[TRANSLATION.]
Under date of the 19th current the governor of the council, president of the supreme council of health has communicated to me the order whose tenor is as follows.
Sir,
By letter of the consul general of his majesty in the United States of America, residing at Philadelphia, it is known that there are suspicions that the yellow fever has appeared in that city and that for this reason he had suspended certifying the bills of its board of health. On this account the supreme council of health has resolved, that vessels as well national as foreign, which may arrive at our ports from Philadelphia, whose departure has taken place since the 8th of last September, and are not the bearers of bills of health which are clean, and legalised by the consul general Dr. Valentin de Foranda, be not admitted until every thing shall have been previously sent to one of the foul Lazarettos, as was provided in the order which I communicated to you on the 13th October last with respect to vessels coming from New York, where according to official advices the same disorder is producing deplorable mortality; and with respect to those which coming from other ports have had communication with such as came from Philadelphia, I charge you that they be subjected to a quarantine of observation for the term at least of 30 days. I communicate it to you in order that your board and the others of the territory, under your command, may exactly fulfil it, in conformity with what is provided
in the edicts and general orders which relate to the preservation of health and its precautions.
The following is a copy of a letter from Captain BAINBRIDGE, to Commodore PREBLE, which has been handed to us by the Secretary of the Navy.
TRIPOLI, Barbary, 12th November, 1803.
SIR,
I had the honor of writing to you on the first and sixth instant from this place, giving an account of the loss of the United States frigate Philadelphia , late under my command. I now transmit you further particulars of that unhappy event: the following bearings were taken from the place where the ship grounded.
The westernmost of the small Rocks which form the Harbour, W. by S. 1-2 S. the Sable of the Musque near the Danish Consul's Flag-staff S. W. by W. fort English to the east of the town S. W. Bearings taken by the point of compass. When the ship grounded, her head was N. E. After giving up the chase in pursuit of the cruiser, and bearing off shore, striking on the rocks was as unexpected to me, as if it had happened in the middle of the Mediterranean Sea; immediately laid all sails aback, run all the guns aft, founded & found a sufficient depth of water aftern, & a small distance from each side. A consultation of the officers was called, when it was unanimously agreed to heave the guns overboard and start the water; this was done as expeditiously as possible, and a fire kept up at the gun-boats from our stern and weather quarter-guns; in firing the lower stern chasers, the stern caught fire, which was put out without much confusion; the gun-boats carrying brads 18 and 24 pounders were keeping up a fire against us, but directed their shot at our mast. Finding that the guns and water did not lighten her sufficiently, the officers were of opinion that the fore-mast should be cut away, which was done, but without the desired effect.
A reinforcement of 5 more gun-boats coming upon our lee-quarter, where it was impossible for us to fire a gun, except down in the water, and the weather guns could not be depressed sufficient to heave within the distance of the boats. At 4 P. M. every hope was fled of our being able to get her off, and not the least power whatever of injuring our enemy, and few no alternative but our eventually becoming prisoners to Tripoli: a council of the officers was called, when they were unanimously of the opinion that it was impossible for us to get her off the rocks, and that continuing in our situation would only be sacrificing lives without affecting our enemy, or rendering the least service to our country. In such a dilemma, too painful to relate, the flag of the United States was struck. I trust that a want of courage can never be imputed where there is no chance of resistance. Distressing indeed to brave minds to be obliged to surrender without having had an opportunity of defence. Some fanatics may say that blowing the ship up would have been the proper result. I thought such conduct would not stand acquitted before God or man, and I never presumed to think I had the liberty of putting to death 300 souls because they were placed under my command, and those persons who argue thus, to have been in our situation, would no doubt have had very different ideas.
Although I feel conscious that my conduct will bear the nicest investigation, yet I am no stranger to the censures of an ungenerous world, and the regrets and mortifications which are incident to a change of public opinion, which does not always follow meritorious exertions; and an accident, although occasioned by circumstances which no prudence could foresee or valor controul, may weigh against years of arduous services; yet I have a consolation in believing that my friends are too sincere to let adversity of fortune change their opinion.
I have the honor to be,
Sir,
With the most sincere respect,
Your obedient servant,
WM. BAINBRIDGE.
Commodore Edward Preble commanding the U. S. Squadron, Mediterranean station.
It will be satisfactory to the friends of Mr. Macdonough, Midshipman, to learn that he was not on board of the Philadelphia at the time of her capture, having been, some days previous, transferred by commodore Preble to the Schooner Enterprise .
It will be perceived by the proceedings of the House of Representatives of Friday, that Mr. Dawton's resolutions to rescind the District of Columbia have received the virtual rejection of that body: we say rejection, inasmuch as a postponement to the next session is, in effect, the same thing. The manner in which this decision was entered into strongly indicates, not only the disapprobation of the proposed measure, but likewise of a disposition to mark the disapprobation in the most emphatic manner. The House in the first instance refused to discuss the resolutions by a majority of at least three to one, and then dismissed them by a postponement.
The amendment proposed by the Senate to the bill concerning the City of Washington, which directs the sum of 50,000 dollars to be appropriated towards finishing the President's House, for the accommodation of Congress, and purchasing a House for the President—instead of applying it generally to the public buildings—was carried by a majority of one. We understand that if all the members in the city had been on the floor, it would not have prevailed.
HOUSE OF REPRESENTATIVES.
FRIDAY, MARCH 23.
Mr. Nicholson from the Managers appointed to confer with the Managers of the Senate on the disagreeing votes of the two Houses on the Louisiana bill made a report, recommending that the House should recede from their amendment, proposing a substitute for the fourth section of the bill as it came from the Senate. The substitute provides for the election of a legislative council by the people of Louisiana. Mr. Nicholson observed that the Managers on the part of the Senate, had represented that the election of a legislative council by the people of Louisiana would be attended with inconveniences which he, for one, had never perceived before. It was stated by one of the Managers, who had been in Louisiana, and by another well acquainted with the situation of the country, that the settlements there were usually in parishes in which the inhabitants were generally of one description. Some of those parishes were entirely composed of Spaniards, some of French, some of Germans, and some of Creoles. If each of them were to send a member, the legislative body would be composed of persons of different languages. The representatives of no two parishes would perhaps speak the same language. This Mr. Nicholson said, was the principal reason which induced the Managers to recommend that the House should recede. There were other reasons, of a very powerful nature, which it was not necessary for him to state.
Mr. Smilie declared himself in favor of receding; as he wished the bill passed, under the conviction that, without the proposed new section, it would provide for the people of Louisiana a better government than they at present enjoyed.
Mr. Alston observed that, in consequence of a limitation in the bill, it would expire in one year, which would be antecedent to the time when the contemplated legislative council, as eligible by the people, would be organized. He was, therefore, in favor of receding.
The question was then taken, by Yeas and Nays, on the receding, and carried in the affirmative Yeas 51—Nays 45.
The Managers further recommended that the House should insist on their amendment, declaring null all grants subsequent to the treaty of St. Ildefonso, with an amendment, saving bona fide grants to a certain extent made to actual settlers.
Mr. R. Griswold said he should vote against the amendment, with the view of afterwards voting against insisting on the original amendment of the House.
Mr. Nicholson and Mr. Smilie said a few words in favor of agreeing to the amendment.
When the question was taken on concurring with the report of the Managers, and carried—Ayes 54.
The House took up the bill, received from the Senate, altering the time of the next session of Congress to the 1st Monday of November.
On the question whether the same shall pass?
Messrs. Leib, Sloan, Bedinger, and J. Clay supported; and Messrs. Thatcher, Lyon, Huger, and Elmer, opposed it.
When the question was taken by Yeas and Nays, and the bill passed—Yeas 54—Nays 43.
Mr. Claiborne called up the bill making further provision for extinguishing debts due by the United States.
Mr. Leib said he was friendly to the principle of the bill; but despaired, from the late period of the session, of its passage; he, therefore, moved its postponement to the 1st Monday of December.
Mr. Elmer expressed a coincidence of sentiment with Mr. Leib.
Mr. Claiborne said it was well known to the House that he was friendly to this bill; he was, however, sensible that it was too late to act upon it during the present session. His only wish, therefore, at this time, was to put the bill in such a respectful situation as would recommend it to the early attention of Congress at their next session. He, therefore, acquiesced in the postponement.
The motion of postponement was then carried without a division.
The House went into committee of the whole—Mr. J. C. SMITH in the Chair—on the bill, from the Senate, to punish certain crimes against the United States.
The first section of the bill was read. It provides for the punishing with death any person who shall wilfully burn, sink or destroy any vessel.
Mr. Leib moved to strike out "with death," and to insert, "by imprisonment not exceeding fourteen years."
This amendment gave rise to a debate of some interest and length, on the comparative advantages of sanguinary and
mild punishments, and on the relative magnitude of the offence the punishment of which was under consideration.
Messrs. Leib, Smilie, J. Clay, Elmer, and Stanton supported; and Messrs. Nicholson, Holland, R. Griswold, Southard, Macon and Thatcher opposed, the amendment, which, on the question being put, was negatived—Ayes 32.
Mr. Dawton moved that the House should resolve itself into a committee of the whole—on the resolution, offered by him, for the reception of the district of Columbia.
Mr. Huger said this point had been fully and ably investigated the last session. He did not expect, after the decision then made that the House would have been again called upon to decide it. He believed the mind of every member was made up respecting it: he hoped, therefore, the House would not agree to go into Committee.
Mr. J. Lewis said he should vote against the House resolving itself into a committee of the whole; and should that motion be negatived, he would move to discharge the committee of the whole from all further consideration of the resolution.
The question was taken on going into committee and lost—Ayes 20.
Mr. J. Lewis then moved to discharge the committee.
This motion was carried, without debate—Ayes 53, embracing a great majority of the members present.
This operates as a virtual rejection of the resolution.
An act to erect a light house at the mouth of the Mississippi, and to erect other light houses was read a third time and passed.
The House went into committee of the whole, on the bill supplementary to the act respecting the election of President and Vice-President—Mr. TENNEY in the chair.
The committee having gone through the bill, reported it without amendment; when it was read a third time and passed—Ayes 49.
A message was received from the Senate, stating their agreement to the report of the committee of conference on the Louisiana bill, which is consequently passed.
It may not be satisfactory here to state that the bill, as finally passed, is limited in duration to one year from the 1st day of October next, (when it is to take effect) and thence to the end of the next session of Congress.
It directs the appointment by the President of a governor, to hold his office for four years, the appointment annually of a legislative council composed of inhabitants of Louisiana, and the appointment of judges.
It will be perceived that the principle of the Senate, withholding from the people the right of suffrage from the people of Louisiana, prevailed, subject, however, to the limitation of time introduced in the bill by the House of Representatives.
The House went into committee of the whole—Mr. NICHOLSON in the chair—on the bill making an addition to the salaries of the governor, judges and secretary of the Indiana territory.
The bill adds to the salary of the governor 500 dollars, to that of the judges 400 dollars, and to that of the secretary 375 dollars, for two years from the 1st of October next.
Mr. Early spoke in favor of the bill, on the ground that, by the annexation of a part of Louisiana to the Indiana territory, the duties of these officers was greatly increased.
Mr. Lyon opposed the bill, and moved to amend it by striking out the additional compensation allowed the governor.
Messrs. Leib and Clay advocated the amendment.
When the question was taken on Mr. Lyon's motion, and carried—Ayes 51.
Mr. Macon moved to strike out "to the judges each 400 dollars."
Mr. Macon observed that it was an incorrect procedure to give judges a temporary salary.
Mr. Morrow opposed the motion.
Mr. Macon's motion was then agreed to—Ayes 47.
The committee then rose and reported progress; when leave was refused to them to sit again, and the bill postponed to the 1st Monday of December.
An engrossed bill supplementary to an act prescribing the mode in which the acts in one state shall be authenticated as to take effect in another state was read the third time and passed—Ayes 57.
Mr. Nicholson offered a resolution declaratory of the opinion of Congress that the first section of the act providing for persons disabled by known wounds received during the revolutionary war, &c. should be so construed, as to include all persons who in consequence of disability arising from known wounds resigned their commissions.
Mr. Smilie opposed the motion, under the idea that one act of Congress could only be explained by another act of the same kind.
Mr. Nicholson said this was as much a legislative act as though it began with the words "be it enacted."
Mr. I. C. Smith suggested the propriety of accommodating the style to the phraseology of the laws. He was of opinion that one solemn act of legislation could only be superceded by an act equally sacred.
Mr. G. W. Campbell expressed the same opinion.
On motion of Mr. Nicholson, the resolution was referred to a committee, empowered to report by bill.
The House took up an amendment of the Senate (entirely verbal) to the bill supplementary to the naturalisation law, and concurred therein.
The House took up and agreed to an amendment of the Senate to the bill for the relief of the heirs of John Haberham.
Both these bills have, therefore, passed the two Houses.
Mr. Jno. C. Smith reported a bill embracing the contents of Mr. Nicholson's resolution (above stated.)
Ordered to a third reading.
SATURDAY, MARCH 24, 1804.
A bill supplementary to the act making provision for persons disabled by known wounds, &c. was read the third time and passed.
This bill gives the construction to the act to which it is supplementary stated in the proceedings of yesterday.
The bill further to regulate trade and intercourse with the Indian tribes was postponed to the first Monday in November.
The House went into committee of the whole—Mr. VARNUM in the chair—on the bill from the Senate, authorising the payment of 2,900 dollars to Philip Slevin.
The committee rose and reported their agreement to the bill; which the House ordered to a third reading, and passed—Ayes 66.
The House went into committee of the whole—Mr. VARNUM in the chair—on the bill from the Senate, to amend the laws providing for the organisation of the accounting offices of the treasury, war and navy departments.
Mr. Dana observed that this appeared to be a bill for the revival of the office of commissioner of loans. This might be necessary; but as there had been no report on the subject, he was not prepared to say that the measure was necessary.
Mr. Nicholson called for the reading of the report of the committee of ways and means, and an accompanying letter from the secretary of the treasury, which were read.
The committee rose and reported the bill.
The House immediately took it up, and ordered it to a third reading. The bill was accordingly read the third time, and on the question whether the same shall pass?
Mr. Conrad desired the taking of the Yeas and Nays. Mr. Conrad said that he had expected a very different bill from the present; in consequence of the resolutions entered into by the House at an early stage of the session. It was then generally expected that two offices would be abolished; it now appeared that it was contemplated to create a new office. He trusted the bill would not pass.
The question was then taken on the passage of the bill, by Yeas and Nays, and passed in the negative—Yeas 42—Nays 44.
A letter was received from the Secretary of the Treasury, stating the compensations rendered to counsel employed by the several departments of the government in support of prosecutions on the part of the U. States.
A bill from the Senate, appropriating 15,000 dollars to extinguish Indian claims was passed—Ayes 42—Nays 38.
A message was received from the Senate stating that they had passed the bill concerning the city of Washington, with an amendment devoting the appropriation of 50,000 dollars to finishing the President's House for the accommodation of Congress, and directing the purchase of a house for the President.
Messrs. J. Randolph, and Sloan supported; and Messrs. J. Lewis, Smilie, D. Wilson, Claiborne, and Elmer opposed this amendment; when the question was taken by Yeas and Nays in agreeing to it, and passed in the NEGATIVE—YEAS TWENTY-SEVEN—NAYS SEVENTY-SEVEN.
PUBLIC SALE.
BY virtue of a decree of the Circuit court of the district of Columbia for the county of Washington in the suit of Thomas Law against James Piercy, jun. James Ray, Samuel Treat, and James Piercy, fem. defendants, in Chancery, will be sold at the premises to the highest bidder at public auction on Saturday the 5th day of May next, the lot of ground mentioned in the complainant's bill, situate in the city of Washington, and known and distinguished in the general plan of the said city by lot numbered one, in square numbered seven hundred and forty-four, it being the fourth half part of said square and containing sixty three thousand four hundred and forty square feet of ground, with the Singer House, and all the other buildings and improvements thereon or thereunto belonging. The Singer House is large and extensive and is said to be extremely well calculated for sugar refining—the other buildings consist of several wooden houses sufficient with some repairs for those conducting the business to live in. The sale will commence at 11 o'clock A. M. The terms ready money or money to be paid immediately on the court ratifying the same, the time of which ratification will be inserted in the same papers in which the sale is advertised, within one month after the report of the said sale shall be made to the court, which report will not be made until the fourth Monday in July, when the court commences their next sitting for the county of Washington.
DANIEL C. BRENT, Trustee.
March 23—tdof

Ten Dollars Reward.
Ran away from the subscriber on the 12th inst. an apprentice lad (a mulatto) named KALEIGH LEISTER, about 19 years of age, six feet high, slender made, dark eyes and long visage, has a fierce countenance when questioned, has a small mark on the right ear supposed from a cut in his infancy, his hair is cut short, he took away two blue short jackets, a fawn-down waistcoat, a new fur hat and cape, a pair of broad toed shoes 6-7 yards blue narrow striped Virginia cloth and a saddle in a white flannel case. Masters of vessels and others are forewarned harboring him at their peril. Whoever takes up said lad and returns him to the subscriber, shall have the above reward and reasonable charges defrayed.
N. B. His mother lives near Pearcy's tavern, Wilmotland county Virginia his black father lives with the Rev. Mr. Davis, Alexandria.
WILLIAM FOXTON, Plaintiff. Washington March 21-7t
Twenty Dollars reward.
ABSCONDED from the subscriber, residing near Port Tobacco, Maryland, on the 15th inst. a Negro man named ADAM, aged 23 year, about 5 feet 6 or 7 inches in height. He has a large mouth rather thick lips, and a scar near the mouth, speaks loud and hoarse, stoops, and walks awkwardly. He had on a blue kersey jacket and overalls, an old hat, and pair of yarn gloves—the above reward will be paid to any person securing him in goal, if taken out of this county, or ten dollars if taken within it.
ALEXANDER SCOTT. March 21-tf
Bank of Columbia.
THE Board of Directors having this day declared a dividend for the half year ending the 20th inst. at the rate of 9 per cent. per annum. The same will be paid to the Stockholders or their representatives on or after Tuesday the 20th inst.
WILLIAM WHANN, Cashier. March 19-tf
Valuable Lands for Sale.
PURSUANT to a decree of the honorable the Circuit court of the district of Columbia, for the county of Alexandria, will be exposed to sale, at public auction, for ready cash, on Saturday the 7th of April next, under the direction of the undersigned commissioners appointed for that purpose.
A TRACT OF LAND, late the property of Robert Alexander, situated upon the Potomac river, adjoining the lands of Mr. Philip Alexander, containing 545 acres, being one moiety of the Abbingdon tract, formerly the residence of Mr. Cullis, deceased; this land is bounded by two parallel lines 120 poles wide, and running back westerly 634 poles from the river to the back line, and will be laid off into squares of 50 acres each, and will be sold in large or small parcels as may accommodate purchasers; this land is situated about an equal distance between Alexandria and George Town, and commands a full view of those towns, the city, Eastern Branch and Potomac, and in point of soil is equal to any on the river. Any person desirous of purchasing will be shown the premises and the plat and survey of the same on application to George Deneale in Alexandria.
THOMAS SWANN, } Com'rs. EDMUND J. LEE, } GEO. DENEALE, } March 5-tf
HAT MANUFACTURY.
The subscriber informs his customers and the public generally that he has discontinued business in the city of Washington, and has opened shop on Bridge street near the Union Tavern—he solicits the continuance of former customers, and hopes that all others who may choose to call and purchase his manufacture will be amply suited, if neatness and goodness be requisites.
JOEL BROWN. George Town, Feb. 17-tf
TO RENT,
And immediate Possession given, A two-story Frame House, in the City of Washington, situated on N. F street, square 224—containing 4 rooms beside two garret rooms, piazza and pantry, kitchen, store room, &c. with a good garden—lately occupied by Mrs. Lee, adjoining to Mr. Xaupie's store—Also that convenient two-story frame on same square, late in possession of Dr. Tabs, opposite to which Robert Peacock, Esq. lately resided—consisting of 6 rooms, and two garret rooms, piazza and balcony to south front, cellar with dry well, kitchen, carriage house, stable, an excellent garden, with every convenience for the reception of a genteel family. For particulars enquire at Mr. Rhode's tavern, Mr. Xaupie's store, or to the subscriber.
REDMUND PURCEL. January 13, 1804-tf THOMAS CARPENTER, TAYLOR
HAS just received an handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and greatest expedition.
Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol. Oct. 14 tf
Valuable Land for Sale.
The executors of the last will and testament of Anthony Holmead deceased, will sell at private sale about forty acres of Land adjoining the city of Washington at the northern extremity of 20th street west. This land is generally allowed to be one of the handiest situations near the city, having a beautiful prospect of nearly the whole of the city of Washington, Alexandria and George Town, and any person inclined to purchase this valuable property, will be shown the same, and know the terms by application to the subscriber near the premises.
JOHN HOLMEAD. November 11-wtf
Fifty Dollars Reward.
RAN away from the subscriber about the first of November last, a negro man called BILLY BUNDY, about 26 years old, yellow complexion, bends forward with his knees, a large scar on or near one of his heels, and has a habit of stroking his chin when spoken to, he has for some time worked at the carpenters trade. The above reward will be given on delivering him to the subscriber, or thirty dollars to secure him in goal so that I get him again.
LUCY BROOKE. Essex County, Virginia, Feb. 8-2m.
NOTICE.
ALL who are indebted to the estate of John Crookshank deceased are requested to make immediate payment to, CHARLES GLOVER, Adm'r. George Town, Nov. 25-tf
CLOVER SEED.
BERNARD McMAHON—SEEDSMAN, No. 129, Chesnut Street....Philadelphia, has now for sale.
  Red Clover English Field   White Dutch Turnip,   Clover, English Field   Yellow Clover or Peas,   Trifol. Durham Flour of   Timothy Mustard.   Tares or Vetches 
Early peas, beans and cabbage seeds, with all kinds of garden and flour seeds, suitable for the American gardens, or the West-Indies, Hemp, rape, canary, maw and millet seeds; all new and of very superior quality.
He has also for sale garden tools of every kind; the most approved agricultural, botanical and gardening books. Forest and fruit trees, flowering shrubs and green-house plants vine plants and cuttings, hot bed-glass, mats and lights, &c. &c.
By the first arrival from London, either in this city or New-York, he expects a large supply of Lucerne, sainfoin, ray grass and burnt seeds.
*** Gardeners to be heard of as above. March 16-taw-3w
ONE HUNDRED DOLLARS REWARD.
Run away on the first of April last my servant HARRY. He is about twenty-one years of age five feet five inches high, a straight well proportioned active man, black complexioned a round full village, and comely face but much scarified, and stern countenance. He speaks good English with a rough voice, and can read and write a little, and plays on the fiddle. Harry is a native of this state but is well acquainted in the states of North Carolina, Virginia and Tennessee where he has travelled as my waiting man.
The above reward of one hundred dollars will be paid for lodging him in any jail of the United States so that I may get him, or it delivered to me in Charlottesville or on my plantation near Parker's Ferry all reasonable charges will be paid in addition to the above reward.
ANDREW BURNET, collector district South Carolina. Feb. 3-w8orrow
WASHINGTON ASSOCIATION
The office of the Washington Association and United States Insurance company is removed to the corner of square No. 226 fronting on the President's square and Pennsylvania Avenue.
THOMAS HERTY, sec'y P. T. Jan. 18-tf.
A GREAT BARGAIN.
THIRTY THOUSAND DOLLARS will be taken and payment made easy, to the purchaser, for the following valuable property free from any encumbrance whatever.
A SET of saw mills working two saws—a grist mill with two run of stones and bolting machine, also a cotton and rice machine complete all worked by water, also one saw mill about 200 yards from the former and on the same dam, now about finishing that will work from two to fourteen saws under the same roof—this mill is insured for three years after her being completed—they now going in good repair and the whole in a progressive way of improvement. With about Ten thousand acres of land all adjoining and immediately contiguous to the mills, on which are several valuable farms. The timber for mill site are inexhaustible and unexceptionable good—they are situated on the waters of Drowning Creek ninety seven miles from George Town South Carolina, to which place the lumber is carried being rafted at the mills without the trouble of hauling, a valuable convenience. The stream is equal if not superior to any in the states of North or South Carolina—the grist mills command a custom at times of 30 or 40 miles around them. The situation at the mills is high, pleasant and very healthy, on which is a good two story house with piazza, a good kitchen, stables, carriage and harness houses and other necessary out buildings with a new flour house completely finished, it being an excellent stand for a country store. Application to be made to the Subscriber at Millville near Lumberton in North Carolina, or for any information respecting the premises, to Samuel D. Purvance at the city of Washington.
WM. NORMENT.
Millville N. C. Dec. 12. N. B. Any part of the above property will be sold as may best suit a purchaser. Dec. 23-tf
To be SOLD
At public Vendue on Saturday the 24th inst. at Stelles Hotel on Capitol Hill at 10 o'clock in the morning.
TWENTY lots of land of three hundred and twenty acres each situate in the state of Ohio granted to Martha Bogert a refugee from Canada—The patents and a description of the lands are in the hands of the subscriber who will give an indisputable title for the same.
PHILIP VAN CORTLANDT. Washington city, March 21-3t
(BY AUTHORITY.)
Scheme of a Lottery.
To build an Academy in the city of Richmond.
  Dollars.   1 Prize—last drawn ticket, having a blank to its number, 20,000   1 do. 10,000   1 do. 5,000   5 do. of 1,000 make 5,000   6 do. — 500 — 3,000   10 do. — 200 — 2,000   20 do. — 100 — 2,000   100 do. — 50 — 5,000   250 do. — 30 — 7,500   420 do. — 25 — 10,500   1,500 do. — 20 — 30,000   4,000 do. — 15 — 45,000 
  1 first drawn ticket after 1,000 having a blank to its number, 250   1 do. after 2,000 do. 250   1 do. do. 3,000 do. 250   1 do. do. 4,000 do. 250   1 do. do. 5,000 do. 500   1 do. do. 6,000 do. 500   1 do. do. 8,000 do. 500   1 do. do. 10,000 do. 500   1 do. do. 12,000 do. 500   1 do. do. 13,000 do. 500   1 do. do. 14,000 do. 1,000 
5,325 prizes, 150,000 9,675 blanks, not two to a prize.
15,000 tickets at 10 dollars each, 150,000 N. B. Prizes subject to a deduction of 15 per cent.
This lottery has been authorised by the legislature of Virginia, for the laudable purposes of erecting a seminary of learning in or near the metropolis of this state. With this view, it is contemplated to raise 20,000 dollars, and 2,500 dollars, in addition, for defraying the expenses attendant on drawing the lottery. Citizens of the first respectability have been selected as trustees, and they have pledged themselves to use their utmost exertions to carry it into effect. The scheme has the advantage of giving to each adventurer, a chance for some very large prizes, whilst the proportion of prizes to blanks, is so great as to invite the friends of the intended institution to partake in the lottery, with very little risk of their becoming losers. The treasurer of the state is to be appointed to receive the money for the tickets as they are sold, and to pay the amount of the prizes to the fortunate adventurers. It is believed that the above considerations will induce a rapid sale of tickets, and the drawing will commence as soon as a sufficient number shall be sold to authorise it—which it is believed will be on the second Monday in December next.
Richmond, March 2-tf
Tickets to be had of Robert Pollard, Doct. John Brockenbrough, jun. Wm. Price, (Reg.) Samuel Pleasants, jun. and William Pritchard.
War Department Feb. 8, 1804.
Notice is hereby given,
THAT separate proposals will be received at the office of the Secretary for the Department of War, until the eighteenth day of May next ensuing, for the supply of all rations which may be required for the use of the United States, from the 1st day of October, 1804, until the 30th day of September, 1805, both days inclusive, at the following places, viz.
First. At Niagara, Detroit, Michilimackinac, Chicago, Fort Wayne, the post on the Miami of the Lakes, and at any place or places, where troops are or may be stationed, marched or recruited within the state of Ohio, and at any place or places within the Indiana territory north of the 41st degree of north latitude.
Second. At South West Point, Tellico, Knoxville, Nashville, and within the Cherokee nation between Tennessee and Georgia, 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 Tennessee and Kentucky.
Third. At the garrison near Vincennes, on the river Wabash.
Fourth. At Fort Massac, near the mouth of the Ohio, Kaskaskia, and at any place or places where troops are or may be stationed, marched or recruited within the Indiana territory, south of the 41st degree of north latitude, (Vincennes excepted.)
Fifth. At St. Louis, New Madrid, and any place or places where troops are or may be stationed, marched or recruited in Louisiana, north of the settlements on the river Arkansas.
Sixth. At Chickasaw Bluffs, Arkansas, Natchez, Fort Adams, Fort Stoddart on the Mobile, and at any place or places where troops are or may be stationed, marched or recruited within the Mississippi territory, and on the road between Natchez and the Tennessee river, (the post on said river excepted.)
Seventh. At New-Orleans, and any place or places on the Mississippi river, below Fort Adams, and at Opeloussas, Natchitoches, and at any other place or places where troops are or may be stationed, marched, or recruited in Louisiana, not before mentioned, or provided for.
Eighth. At Fort Wilkinson, Cockspur 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.
Ninth. At Charleston, Rocky Mountain, 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 South and North Carolina.
Tenth. At Norfolk, and at any place or places where troops are or may be stationed, marched or recruited within the state of Virginia.
Eleventh. 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.
Twelfth. At Fort Mifflin, Pittsburgh, Carlisle, and at any place or places where troops are or may be stationed, marched or recruited within the states of Pennsylvania, New-Jersey, and Delaware.
Thirteenth. 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 excepted.)
Fourteenth. At Fort Trumbull, Fort Wolcott, & at any place or places where troops are or may be stationed, marched or recruited within the state of Connecticut, Rhode Island and Vermont.
Fifteenth. 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 district of Maine excepted.)
Sixteenth. 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.
A ration to consist of one pound and one quarter of beef or three quarters of a pound or pork, eighteen ounces of bread or flour one gill of rum, whisky or brandy, and a rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and one half of candles, to every hundred rations. The prices of the several component parts of the ration should 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 for the whole ration.
The rations are to be furnished in such quantities, that there shall at all times, during the term of the proposed contract, be sufficient for the consumption of the troops at Michilimackinac, Detroit, Niagara and Chicago for six months in advance, and at each of the other posts on the western waters for at least three months in advance, of good and wholesome provisions, if the same shall be required. It is also to be permitted to all and every of the Commandants of fortified places or posts to call for at seasons when the same can be transported, or at any time in the case of urgency such supplies of like provisions in advance, as in the discretion of the commandant shall be deemed proper.
It is to be 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 depositions of credible 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 reserved to the United States of requiring that none of the supplies which way 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 sea board or Indian frontiers, nor exceeding three months.
H. DEARBORN, Secretary of War.
22d May 18.
S. THOMEE.
BEGS leave to inform his friends that he has removed his store from George town to King-street Alexandria, where orders in his line will be executed with punctuality and dispatch. Orders left at Mr. March's Book-store will be duly attended to.
GILDING
AND EMAMELLING ON GLASS, A few doors above the Washington tavern—Looking glass and picture frames made and regilt.
NEEDLE WORK
Framed in the handsomest manner, and names done on glass.
S. THOMEE, as a stranger being determined to establish in the line of his profession, solicits that encouragement alone which he trusts the reasonableness of his charges and his assiduity to business may entitle him to.
Window cornices handsomely gilt, and every thing in his line done to please the fancy of the owner equal to any imported.
N. B. He has some glasses and prints for sale on low terms.
fall Jan. 9-tf
SCHEME
Of the Extra class of the EASTON DELAWARE BRIDGE LOTTERY,
Authorised by the states of Pennsylvania & N. Jersey.
  2 prizes of 10,000 dolls.   2 5,000   4 2,500   5 1,000   10 500   25 200   50 100 
And many other good Prizes.
All! All! a going for 2 3-4 Dollars, until the 10th of April when the tickets will be advanced to 3 Dollars.
EDWARD MOYTT, Manager.
Who will, on receiving the necessary information of the payment of 20 per cent to his credit in any of the United States branch banks of discount & deposit, with an engagement to pay the residue by four equal instalments in 3, 6, 9 & 12 months from the 1st March next, send the numbers and deposit any quantity of tickets (not less than 50) in the hands of the treasurer, subject to the purchaser's demand on the punctual payment of the residue of the money; which not being observed, the tickets may be resold, & the money paid in advance forfeited: or he will, on the purchase money of any number of tickets (not less than 50) being deposited in any of the branch banks above mentioned, immediately forward them to the direction of the purchaser. For any number of tickets less than ten, the cash to be enclosed to the manager; who will, on its receipt, forward them as directed, and on the conclusion of the drawing send the purchasers an account of their success; and such arrangement shall be made that the holders of fortunate tickets, after they have been properly checked, may receive their prizes at the bank they made their payments at. The numerous advantages of this arrangement must be obvious to every person. The payments are made easy, and the purchasers will not be liable to any advance of price, which from the unexampled sales of the tickets, may with confidence be expected to be considerable before the drawing commences.
arch M 19-taw3w
Valuable property for Sale.
In virtue of a deed of trust executed and bearing date on the 8th day of January 1798, between ISAAC POLOCK of the first part WILLIAM DEAKINS jun. since deceased of the second part, and JONAH THOMPSON and RICHARD VEITCH of the third part. The subscriber being the Executor, devisee and legal Assignee of the said William Deakins jun. deceased, for the purpose of executing the trusts in and by that deed declared, shall and will on the 27th day of March next, if fair, if not, the next fair day, at the Tavern of John H. Barney in George-Town, expose to public sale for Cash, to the highest bidder, that valuable Lot, situated on Water street, in said town, on which the House at present occupied by Mr. Barney, as a Tavern, Rands, together with all the buildings and improvements on the same, said lot, fronting on Water-street 52 feet, and running back 175 feet parallel with Cherry-Alley, and binding thereon, being part of that lot designated in the plan of Old George-Town, by No. 49. Also another Lot on Keys street, (being part of that Lot designated by the No 77 in the plan of Old George-Town) comprehending a part of that wharf lately occupied as a Lumber Yard, by Mr. George King—also a large and convenient two story brick dwelling house.—More particular information relative to the above valuable property, may be had at any time previous to the day of sale, by application to Messrs. Thompson and Veitch in Alexandria, John T. Mason, Esq. George Town, or the subscriber.
FRANCIS DEAKINS, Executor and Devisee of William Deakins jun. deceased. George town, January 20-twt17 Mar
NOTICE.
THIS is to give notice, that the Subscriber hath obtained from the Orphans Court of Prince George county in Maryland, letters of administration on the personal estate of William Magruder late of said county deceased—all persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscriber on or before the 15th day of September next, they may otherwise by law be excluded from all benefit of the said estate. Given under my hand, this 12th day of March 1804.
A. COVINGTON. Prince George County March 14-w3t.
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIL