The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1804-01-11 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. IV.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 1111.
FIVE DOLLS. PER ANN.
WEDNESDAY JANUARY 11th, 1804.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
FRIDAY, December 9.
Debate on the AMENDMENT to the CONSTITUTION.
(Continued.)
Mr. DENNIS. Encouraged by the indulgent attention with which the remarks of other gentlemen have been received, I will submit to the consideration of the House, some observations on the resolution before us. Not having been present when the resolution, which originated in this House, containing a clause discriminating principle, was under consideration, and which it is presumed was fully discussed, because that point was exclusively considered, and deprived of the benefit of the elaborate and learned argument of the Senate in relation to that principle, I should not have offered myself to the consideration of the House, if there had not been incorporated into the resolution, other principles which have been but little investigated, and which though called subordinate principles, I conceive to be as important as the principle of designation itself.
The friends of the resolution, aware of the influence of names, have chosen to call the two last, secondary principles, have omitted to discuss them themselves, and have presumed that others would regard them as subordinate principles, because they have chosen so to designate them. It may, however, be shown, that these principles, acknowledged on all hands to be obnoxious, even to many of those who favour what I will call the pre-eminent principle, & which they are admonished to surrender, to obtain that object, are far from being so innocent and unimportant as is represented; and that the last one goes essentially to impair if not entirely to defeat the favorite principle of designation itself.
As far as I have been able to develop the leading argument in favour of a discrimination, it is, that, by such discrimination we shall ensure the compleat control of the public will, and that the man intended as the secondary, may never become the primary character. But, according to the last member of the resolution, instead of assuring to us that object, in every case where no one candidate shall have a majority of all the votes of the electors, and where by any means or contrivance, a choice in this House can be prevented, the person designated as Vice President becomes the President.
In considering the combined but warring principles of this resolution, we are not to consider their tendency, simply in the present state of things; but look to a period when our states and our political parties shall have multiplied their numbers—Scarcely does the Earth perform her annual revolution, without adding to our existing numbers a sister state; and I will venture to predict, that many years will not have passed away, when this nation will be divided into three or four political parties. As your states and those parties augment their respective numbers, so will increase the difficulty of procuring a majority of electoral voices in favour of any individual—Admit that the designating principle may render it less probable that the election shall be brought into this House, as in the case of a tie, the case of a non-election by the electoral bodies for the reasons before assigned, on account of no one candidate having a majority of votes, may frequently occur. For, let it be remembered, that the case will be but little affected by the discriminating principle. When the election shall be brought into this House the increase of states and of parties will in like manner as in the electoral bodies, render it extremely difficult (even without the influence of fraud or corruption to prevent it) to effect a union of a sufficient number of members voting by states, where there may be a number of candidates to give any one of them a majority of the states. A non-election by this House then by this resolution is precisely equivalent to an election of the man to the Presidency who was intended as the Vice President; because by the last member of the resolution if no choice be made in the House by the fourth of March, then the Vice President already chosen by the Senate, is to become the President. Thus it is that by the magical operation of these conflicting principles, you do the very thing you mean to prevent, and elect the man intended as a secondary character to the chief executive magistracy.
Again, Sir, in order to secure the certainty of electing a man of the people, you throw the whole weight of the Senatorial branch and of the Vice-President who have nothing to do but to defeat an election here to make him President, into that scale which is opposed to the public will; and you hold out a temptation to the exercise of every species of contrivance which the mind of man stimulated by a love of power and possessed of allurement to acquire it, may suggest and put into motion in this House, to preponderate the balance on the side of a non-election; which non-election is tantamount to an election by the Senate of their President to be the President of the United States.
Nor will the weight of that body be realized alone when the election shall be brought here; but may be exerted in the first instance to multiply candidates, perplex and divide the electoral bodies, and prevent, in them, a majority in favour of any one candidate; so as to bring as many as practicable into this body in order that they may again perplex and obstruct it.
Surely, Mr. Speaker, the Senate ought to have been satisfied, (determined as they have been to innovate on the constitution in a point never contemplated by any but themselves,) to have provided that the election of their President, a secondary character, should vest him with the powers, emoluments and patronage of the high office of President of this great nation; so long and no longer than an election should be made. This would have taken away that strong inducement to intrigue and corruption, which results from exhibiting to human frailty the important prize of the chief Magistracy of this country, for four succeeding years. I was about to move such a modification or extension of that principle in committee of the whole; but we were told, nay, the friends of the principle of designation were told, that all efforts at amendment, even for changing an obscure and unintelligible phraseology, differently construed by those who held this language too, would be vain and illusory. These intimations have since grown into fact, in the rejection of the resolution this morning submitted by a gentleman from Pennsylvania (Mr. Hoge)—Yes, Sir, we are told, that although the discriminating principle is the only one to which the public attention has been invited and the only one embraced in the resolution of this House, yet it must be adopted because the other branch of the legislature, not designing to consider the resolution of this House, have incorporated into it a principle, veiling in their own body, a novel and important power; and that they will not adopt the one without the other.
But, Mr. Speaker, let me here in a particular manner address myself to those gentlemen who are favorable to the designating principle and who acknowledge the other to be extremely obnoxious. Can you discharge your duty to your constituents who have required the one and not the other; and reconcile it to your conscience to take the resolution as it stands? You are told the last is a subordinate principle and must be yielded to effectuate the main design. Is that a subordinate principle which transfers the choice in any contingency from this House to the Senate? Is that a minor principle which not only makes that transfer from the immediate representatives of the people, to a body much less responsible to the public, but changes the mode of voting by states to a vote per capita?
You are told the object of amending the constitution is to conform the choice of the President to the will of the people. But is this object attained by holding out temptations to frustrate that will in the first place, and transferring the jurisdiction from the House of Representatives to the Senate in the second?
But you are told you must do so, otherwise the Senate will not agree to your principle of designation. Other gentlemen may be in possession of means of individual information to which I am a stranger, but sure I am, we do not possess that information as a body, which warrants the assertion. Have you ever asked them to recede or signified your wishes on the subject? Has not every effort of the kind been rejected by this House? Shall it be said that whilst our rules indicate the propriety of this course in case of a difference between the two branches, in ordinary legislation, we will not make one attempt to expunge from the resolution, principles which almost all of us declare to be repugnant to our wishes?
You are told that the people of the
United States and the legislatures of the states imperiously demand a change of the constitution. In relation to the discriminating principle, let it be conceded; but have the people or the states required you to transfer your own power to the Senate, and has the declaration respecting the will of the people, any application to the two last principles of the resolution? No—I will venture to assert that this ingenious contrivance had its origin in the other branch of the legislature.
We are told we have only the initiative in this business, and our acts are to undergo the revision of the state legislatures; and therefore the less need for that caution and deliberation which might otherwise be requisite. It would be a very poor excuse in a judge of an inferior court to say he was less sedulous to understand a legal question and to decide correctly upon it, because his decision would be revised by a superior tribunal. We should not transfer into the hands of others, that trust which is confided to ourselves. I will not say that there is no individual in any state legislature who is possessed of as much knowledge as any individual here; but I will say that it is not to be calculated that the legislative body of any state possesses as much collective knowledge as does this House, of a subject affecting, not only individuals, but states differently situated; in regard to geographical position, population, wealth and interests. That the decision of this House will have its influence on the state legislatures is not to be doubted, and therefore we should scrutinize the contrariant principles of the resolution and go as far as practicable to remove its defects.
I have said in the course of the discussion on some incidental questions, that to say, I would in no case change the constitution, would be using anti-constitutional doctrines, because the instrument contains within it a principle of its amendment, and it may be necessary to conform it to new circumstances and contingencies as they emerge. But I have also said and beg leave to repeat it, that to induce a change of it, the existing evil ought to be clearly demonstrated, and the aptitude of the remedy proposed to effectuate the object, ought to be unequivocally established. The alteration of the constitution of the United States, is of a more delicate nature, than to change that of a single state. In one case you have only to quiet the apprehensions and compete the disquiétudes of discordant individuals; in the other to disarm the jealousies and reconcile the interests of jarring states. To this distinction, those gentlemen who have reposed the whole argument on the basis of the popular will, have not sufficiently attended.
A gentleman from Tennessee (Mr. Campbell) and other gentlemen who have advocated the adoption of the resolution, have informed us that this constitution was adopted by, and that the departments ought to be organized according to the dictates of a majority of the people. Admit it to be so, and that the designating principle will produce the effect, I have endeavored to show the whole resolution will defeat it. But I beg leave to enter my dissent to their theory of our government. That the will of the majority in a republican government and in a single state, must and ought to prevail I do not deny; but I wholly deny this to be the theory of the American confederacy. The constitution of the United States was not adopted by the people of the United States, but by the people of the several states as such, voting through the medium of their state conventions; and so far from its being adopted by the people of the United States as such, it is doubtful whether it was not adopted by a minority of the people, though ratified and confirmed by a majority of the adopting states. North Carolina and Rhode-Island rejected it, and in Virginia, Pennsylvania and New-York, the minorities were powerful. The minority in Virginia and Pennsylvania alone were more than equal to countervail the majorities of five or six of the smaller states—so that if the vote had been taken by the whole American people voting together, it is doubtful if it had ever been adopted.
When we view it in relation to the organization of the departments, they are equally mistaken. The House of Representatives, which partakes most of the popular or consolidated principle, is not chosen by the will of the people of the United States, but in different manners by the people of the respective states. The Senate partakes in its mode of appointment exclusively of the federative principle, without regard to the
number of individuals contained in the several states.
When we come to the organization of the Executive department, we find an intermixture of federative and popular or consolidated principles, combined and interwoven with so delicate a hand, that it is impossible to strip it of the one without destroying the other. The electors who choose the President are not chosen in a manner to ascertain the sense of the people of the United States, but are chosen in some states by the legislatures, in others by the people voting in a general ticket, and smothering the voice of the minority; whilst in others the choice is made by the people voting in districts, and giving the proportional weight to the minority. The number of electors likewise assigned to the different states, depend on the combined number of the Senators and Representatives of each state in the Congress of the United States—so that a state having one Representative has two votes on the federative principle to one on the popular principle. The result of this analysis of the constitution will satisfy gentlemen that state interests are materially affected by this amendment; and that the public will, always equivocal, is not the only thing to be considered in this particular. Indeed, Sir, it proves to them that instead of giving compleat effect to the popular will, the choice of the electors is made through the medium of so refined a process, and in so artificial a manner, that it may happen that a majority of the electors may be chosen and the President elected by a minority of the people. I believe, Sir, a President of the United States has been elected by a minority of the people of the United States.
We have been told that numerous amendments have been made to the constitution and it is therefore proved by experience that those state jealousies and other dangers which are represented as likely to arise from this amendment, have no place except in the imagination of the opponents of the resolution. I think I shall not be considered as metaphysical however, when I declare that, there occurs to my mind a material distinction between an amendment which goes merely to enlarge or abridge the legislative power, or the power of any given department, and one which materially changes the manner in which one of the departments itself is organized. All the amendments heretofore made are of the first description, operating merely on the popular, and affecting in no wise the federative principle, there was no ground for local jealousy. But in this case for the first time you are affecting the organization of the departments and of course the federative principle; and the arguments used in this discussion have but too well demonstrated the state jealousies and inquietudes likely to result from every such amendment, between the large and smaller states. Representing a state which occupies and is likely to maintain for a long time to come a middle position in the union; I have not critically examined whether the resolution will operate for or against the one or the other—but I know that there are jealousies on this subject, and we ought to be cautious not to fan the flame. If there be individuals in this nation hostile to the union (and we have been admonished that such exist) let us be cautious how we put into their mouths, the strongest arguments to effectuate their designs, and let me again repeat it, there must always exist great inquietude both amongst states and individuals, wherever you attempt to change the mode of organizing a department, and every amendment you make tends to weaken the bond of our union. The ideas of the friends of the resolution on the subject of changes in the constitution therefore are wholly erroneous, when they suppose there is nothing to be considered but what they call the public will; and they have made the mistake by regarding our confederacy as a consolidated government. But it partakes of this equality in no instance except in the operation of its laws. Here it reaches our citizens as one people, regardless of state limits and state inequalities. It is this property alone which forms the distinguishing characteristic between that system and the confederation. Here we operate upon the people and there they operated on states through the medium of requisitions. I am sensible I have availed myself to the full extent of the patience of the committee and shall conclude with an exhortation that we do nothing which may affect the harmony of our union; and that we revise and revise again this resolution, before we stamp it with our sanction.
Mr. JACKSON. Mr. Speaker, when I came to the House this morning, nothing was more foreign to my intention, than to trespass upon their indulgence, but the importance of the subject, and the bold and daring assertions, made by gentlemen in the opposition, will be my apology for the remarks I shall make, and I promise the House, as a remuneration for the attention they may honor me with, to be as concisely possible—Sir, I must call that a bold and daring assertion, made by the gentleman from North Carolina (Mr. Purviance) that if the small states had contemplated a change in the constitution and had not considered it as inviolable and intangible, they would not have come into the union—when I look at the constitution and see used, not vague expressions, or dubious language admitting of its amendment; but an express article to wit, the 5th authorizing amendments and designating the mode by which they may be obtained, which declares that,
"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this constitution, or, on application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by Congress."
And when I consider the periphrasis and emphatical language used by its framers, that they have not inserted a single clause not intended to have a full meaning, and that they were incapable of holding forth a feature in the constitution which should be construed contrary to the plain acceptance of it—I am induced to believe, that the gentleman has not paid a proper attention to the subject, or he would not have hazarded the observation.
The same gentleman has said, we are about to encourage, fraud, intrigue, venality and corruption, by the passage of this resolution; my respect for decorum and the rules of this House prevents me from answering this assertion in the language it deserves. I may, however, be permitted to say that the reverse will be the case—and I contend that there is more danger that fraud, intrigue, venality and corruption, will be practised in cases resulting from the constitution as it now stands, than there will be under the amendment before us, if adopted. To illustrate my position, I will suppose an understanding and agreement among the states, (for without them no election of President can take place) that A shall be supported as President, and B as Vice President, will not the importance of the office, and the probability of success, under the want of the discriminating principle warrant the assertion that there is great danger of intrigue, to secure the election of B the ostensible candidate for the office of Vice President to the presidential chair, by reducing some of the electors in one of the states to violate the agreement thus made with the sister states, in voting for him only, whom none but themselves, and those active in the intrigue contemplate to be President, and thereby a President will be crammed upon us, whom nine tenths of the people never thought of. Much has been said by gentlemen respecting the spirit of compromise and accommodation which governed the framers of the constitution, and it is contended that this spirit of accommodation and compromise will be materially affected and one of the main principles of the constitution violated by this amendment. I admit that a spirit of compromise and accommodation influenced some of the framers of that instrument, but I deny that it was mutual. There certainly was a noble magnanimity evinced in the accommodating spirit of the representatives of the large states, to induce the small states to come into the union, but that spirit was not reciprocal—I believe that those who represented the large states justly estimated the danger and rivalries of neighboring states, if not subject to one confederated government competent to their individual protection. The fate of other litis republics warranted the idea that the smaller members would be swallowed up by the larger ones, who would in turn attack each other; and thus the liberty achieved by the blood of some of the bravest men that ever lived would pass away without leaving a trace behind it. They therefore yielded every thing to the little states, knowing they were most numerous, and naturally jealous of the large ones. If we examine the constitu-

When we shall find the whole of the great powers of the government concentrated in the Senate. They have the sole power of trying impeachments, and of making treaties. Congress may declare war; but once declared they cannot make peace, that power as well as the boundless undefined treaty making power generally, are exclusively vested in the Senate; in the legislative power they possess an absolute veto on the passage of every measure sanctioned by the representatives of the people, and how are they chosen? Two from each state, the smallest state has the same influence in that body with the largest. In the choice of electors of President the small states have this additional extraordinary privilege of choosing one elector for each Senator, and if the election of President comes into the House of Representatives each state has equal power. The small states also possess the power under the constitution of reducing the Representatives on this floor to one from each state, and in such event of completely controlling the power of the large states in every department of the government; for the constitution lays:
"The number of Representatives shall not exceed one for every 30,000, but each state shall have at least one Representative."
I therefore think that in the formation of this constitution the accommodation was exclusively on the part of the large states, and that of course it was not reciprocal. Though the large states have not their due share of power I do not complain. I only infer that as the small states have almost all the power of the government or may get it by amendments, and as they are vested with all this power without an equivalent given to the large states, they are most interested in the existence of the constitution, and if most interested in its preservation they are also most interested in the adoption of this amendment, because I have proven that intrigue and corruption are more likely to occur under the constitution wanting the discriminating principle, than under the amendment now proposed; and I ask gentlemen whether any engine that can be set in motion will be more destructive to this constitution than fraud, intrigue, venality and corruption. Sir, the friends of republican government have justly considered that the great danger it has to dread is from overgrown executive power, and from the desperate efforts of aspiring individuals to obtain it. Render the election a matter of chance, make the electors vote blindfolded as they now do, and often indeed will the election come into the House of Representatives where (I wish to be understood, I speak not of the present time, I believe the present Representatives would spurn at every effort to influence them improperly) intrigue, venality and corruption will be brought to a focus with wealth and all the allurements of office in the train; arrayed against virtue, and the wishes of the nation; will there not be great danger that corrupt or intrigue will be played off here in such a way as to induce the members to disregard the voice of the people and elevate to supreme executive power an aspiring individual. Sir, experience has borne testimony against the present mode of election, let us not reject its admonitions—by recurring to the situation of this country not long since, it will be recollected that there was serious danger of a dissolution of the government, and I believe it was felt in the most remote parts of the United States. Under the discriminating principle now contemplated, the election will not probably in one case out of a hundred be brought into the House of Representatives, and the awful crisis of alarm to which I have alluded never occur again.
I observed upon a former occasion when this subject was before us, that the polar star of republicanism was that the majority should govern, and that so far as we have deviated from that principle our constitution is anti-republican; shall we reject the present favorable opportunity to give efficacy to that principle in a most essential branch of our government and by adhering to a mode which experience has proven is fraught with imminent danger; suffer the minority of this nation to choose a President or the United States;—for unless we sacrifice the election of Vice-President they may vote for him whom we intend for that office and thereby make him, contrary to the wishes of the majority, the President of the United States. If we desire to reward talents and patriotism with the highest office in the power of the nation to bestow, we shall be obliged to give up the Vice-Presidency to the minority, and thereby set a price of 80,000 dollars on the head of the President with all the honors and offices of the nation to be given to a political enemy. I hope, Sir, as such a state of things may happen we shall take care to guard against it. The gentleman from Connecticut says this subject is not understood by the American people and that it may be fully understood, he wishes it to be discussed here, in the newspapers, in the state legislatures. Sir, it has been long since discussed here and elsewhere and is in my opinion well understood. In several state legislatures whose politics correspond with those of
that gentleman (and which will therefore be allowed by him to have been influenced by party zeal) as well as in states which correspond in political opinion with the majority of this House, it has been repeatedly examined, and the states have almost invariably concurred in recommending the discriminating principle, in the election of President and Vice-President. Can there be a stronger evidence of its justice than its being recommended at a time when party views were out of the question? The gentleman is correct when he lays the interests of the states are implicated by this amendment. Sir, I believe there are talents and virtue sufficient in the state legislatures to discern the import of measures implicating their interests, and to adopt or reject them as those interests dictate—they will not be thankful to the gentleman and his political friends for attempting upon this, as upon a former occasion, to guard the people against themselves as their worst enemies. Much has been said against the details of this amendment. I acknowledge, Sir, I am one of those who do not like them all, but I think the cases in which inconvenience is apprehended, so extreme and unlikely to occur, that I am unwilling to hazard the great principle of the amendment on account of them. I am not disposed to risk a certain good, by guarding against a visionary evil which it may be supposed will result from it. I believe the guarding against the right of the Senate to elect a President would be providing for an extreme case that will never happen, for as I before observed, it is not likely that the election will come into the House of Representatives for a century to come, if the discriminating principle be adopted; and when it does come into this House, it is not to be presumed they will neglect to make a choice, when in that case they know the Senate have the authority. I ask if a man would not be esteemed mad who having a ship and its cargo in the hands of an enemy should refuse to accept the restoration of the one without the other. As the constitution at present stands it has in a great measure placed the election (as I have attempted to show) in the hands of a minority, in the hands of political enemies; and out of the control of the majority. Shall we suffer this to be the case because we cannot make the resolution more perfect; although we acknowledge it contains a most essential amendment, and almost all the states before the prevalence of party spirit declared an alteration necessary. These are my reasons for voting for the resolution—and I hope it will be agreed to.
Mr. STANTON. Mr. Speaker, I exceedingly regret that I cannot farther trouble the House with a few remarks in justification of the vote I am about to give on the all important resolution on your table for amending the constitution of the United States. Sir, that venerable body, who was the framers of that valuable instrument, presupposed that after its merits had undergone the ordeal of experience it would need no amendment. All intelligent well disposed men of every description, agree that the main object of government is, or ought to be such as expressed in the language introductory to our constitution, "To promote the general welfare and secure the blessings of liberty to ourselves and our posterity," that being the case it strongly recommends the adoption of the resolution in contemplation. That part of the national compact that relates to the choice of President and Vice President, which does not permit the electors to designate on their ballots who they vote for as President and Vice President, which envelopes the electors in darkness and cannot be reconciled with the good purpose of the convention—but by their own sentiments expressed in their letter to the President of Congress, signed by their illustrious President, the words are emphatical, "This important consideration, seriously and deeply impressed on our minds led each state in the convention to be less rigid on points of inferior magnitude than might have been otherwise expected, and thus the constitution which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable," for it evidently appears that the divided situation of the convention was such, in consequence of the difference among the several states as to their particular extent, habits, and particular interests, this being the case, the convention was obliged to submit to improprieties and imperfections, and to wait the test of experience, on the merits of the compact. Sir, I am hostile to the doctrine advanced on this floor, that the least innovation in this sacred charter would endanger the tranquility of the union. At the same time, I admit, that it should not be touched, but for cogent reasons and emergencies like the present—Sir, that constitution which in its operation, tends most to promote the happiness of the people, by rewarding intrinsic merit, defending the innocent, and affording speedy and effectual redress of grievances, is the best; no doubt but the framers of the national compact, in all their deliberations kept
in view the great it good of the people; and while I am disposed to pay homage to their superior talents and patriotism, I am unwilling to pay them a compliment or encomium, that may in the least degree depreciate the good sense of their Creator, the people. I believe our constitution is as free from imperfections as any on earth, yet it is like all other human productions, susceptible of improvement. Sir, the 5th article in the constitution, which says, "The congress when two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which in either case shall be valid to all intents and purposes as part of this constitution when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof as the one or the other mode of ratification may be proposed by the congress, and that no state without its consent shall be deprived of its equal suffrage in the Senate."
This article, that forever keeps open the door for amendments, and secures an equal suffrage in the Senate, and gives an equal vote, in the choice of a President, in the event of no choice by electors, is the life, beauty and quintessence of the constitution. Sir, I recollected that yesterday when this subject was discussed, an hon. member from Connecticut repeatedly called on the friends of the resolution to point out one evil that had resulted to the people of the Union, from the existing constitution; Sir, permit me to ask the hon. gentleman where he was at the awful crisis of the Presidential election, when the public mind was agitated and tossed to and fro on the tempestuous sea of doubt, and forced to the verge of despair? Surely the hon. gentleman must have been out of the United States or out of his senses, or he must have lost his usual sagacity, patriotism, and found regard for the honor of his country, or he must have recollected the alarming catastrophe; even had he been among the antipodes, who walk on the other side of the globe with their feet opposite to ours, he would almost have heard the destructive sound, which seemed to be from the clouds, and penetrate the solid earth—Sir, I ought to apologize for this digression, and detention of the House, but while I am up, I hope to be indulged to make a few remarks on what dropped from an honorable gentleman from Pennsylvania, who appeared an able advocate for the discriminating part of the resolution, and opposed to the clause relative to the Vice-President acting as President in the event of certain contingencies. But he suddenly seems to change his ground, and lays—the most objectionable part of this amendment in the opinion of many gentlemen, and against which the gentleman from Vermont in particular has levelled his keenest darts, is that which vests the Vice-President with power to discharge the duties of President in the event of a President not being elected, and proceeds by laying at first view it appears liable to objections, but on a fair and candid investigation the objections lose their weight and the principle is found, in his opinion, correct. Sir, I beg leave to differ with the hon. gentleman not only in this, but also on another position, where he says—it will also operate as a stimulus to the House of Representatives to make an election. I think, Sir, it will produce a contrary effect; they will, I fear, consider themselves exonerated from the imperative language of the present constitution, that says—they shall immediately choose a President. Sir, after viewing the whole ground, and notwithstanding the imperfections of the resolution in its present form, as it contains the discriminating principle, which alone was all I wished to obtain, I shall give it my feeble support. Being fully impressed in my mind that by adopting the designating principle contained in the resolution, it will frustrate the machinations of factions, secure in future a fair expression of the public will, and tend to increase domestic happiness, and national prosperity and glory.
Mr. GREGG said, he regretted the expression he had made yesterday, as it appeared to have given dissatisfaction to some gentlemen. That expression had however been misconceived. He had said that the people were in favour of the discriminating principle. He had said that this country was divided into two parties, and that an amendment for the establishment of this principle had at one time been brought forward by one party and then by the other. He had said that one of these parties was called republican, and the other federal. He did not consider this last term an imputation on any gentleman. Some gentlemen were called federalists, he was called a republican. They differed, it was true, in political sentiment; but he had never understood that gentlemen thought there was any thing reproachful in being called federalists; on the contrary, he knew the time when the epithet was deemed honorable.
Mr. LEIB moved a postponement of the subject till Monday.—Laid, Ayes 41.
A motion to adjourn was then made and lost.
Mr. ELLIOT. There are two or three remarks which fell from me in the animation of debate, I wish to explain. I used the observation of rash precipitancy as applicable to the majority in this business; of personal indecorum, imperious necessity, and Senatorial authority as applicable to particular members. I also observed that there were men of both parties, who, in my opinion, were aspiring and unprincipled. I beg leave explicitly to state, that I did not, at the time I made this remark, entertain an idea of any individual citizen. I alluded to no particular person. The remark was general, and I believe it to have been just. As to the charge of rash precipitancy, I did mean to apply it to the majority. Perhaps I was wrong in making it; I hope I was. When at an advanced hour of debate, I intimated a wish to be heard, when no more than one day had been spent on the subject, and when I declared myself too much exhausted and indisposed to declare my opinions at that late hour of the House, by a great majority, deprived me of the time necessary to do justice to my ideas. For a moment I felt myself placed in a humiliating & degraded situation; in such a situation, as I thought no representative, and particularly a representative to one of the largest districts in the Union, containing a population of between fifty and sixty thousand souls, ought to be placed. If there was in this proceeding any thing of rash precipitancy, it was perhaps the error of the moment; and what I considered at the time as the offspring of temper and passion may have been nothing more than an evidence of that disposition to which the greatest men have told us the first bodies in the world are sometimes exposed. If the body did for a moment yield to this disposition, I am ready to acknowledge that it has amply atoned for it by the magnanimity and patience it has since exhibited. I also made the charge of personal indecorum. I thought that it really existed. I thought it indecorous for any gentleman to tell other gentlemen that they had personal knowledge of dishonorable intrigue practiced on a late important occasion. As to the imputation of Senatorial authority, I am full of opinion that this charge is merited by gentlemen who lay we must take this resolution precisely as it came from the Senate, or lose every thing. I conclude what I have to say on this subject by declaring, that whatever warmth I may have exhibited in this debate, the vote which I am now about to give is the result of the coolest deliberation, and in conformity to the most sincere dictates of conscience.
(To be continued.)
REPORT.
The committee, to whom was referred on the 15th November last, "the report of the committee appointed at the last session of the last Congress on so much of the message from the President of the United States, as relates to the fostering of the fisheries of the United States," with instruction to enquire, whether any, and if any, what measures are necessary for the encouragement of the Whale and Cod-Fisheries—
REPORT
That they have taken into consideration the report of the committee made to the last congress, on the subject of the fisheries; that they coincide in opinion with that committee, as to the importance of the fisheries; and find the facts stated by them, and the inferences they have drawn from those facts, to be generally correct. The additional information, which has been obtained, leads them moreover to believe that the conjecture hazarded in the above report—to wit; "that the cod-fisheries have gained ground since the revolution, more especially since the present government first went into operation, whilst our whale fisheries on the other hand, have for some time past been more or less on the decline," is well founded. The documents A. B. C. D. which have been received from the Treasury department, and which the committee beg leave to include, as a part of their report, seem to corroborate this opinion.
According to the document A. there were in 1799, 28 vessels, and 5,055 34.95 tonnage; in 1800, 17 vessels & 2,814 40.95 tonnage, and in 1801, only 15 vessels and 2,849 32.95 tonnage employed in the whale fishery; so that there was evidently a gradual and annual decline in this branch of business.
The document C. gives the quantity of oil, of spermaceti candles, and whale bone exported from the United States during the 12 years preceding the year 1802. From this it appears, that in the year 1791, there was exported 134,595 gallons spermaceti, and 447,323 gallons whale oil, 182,400 pounds spermaceti candles, and 124,829 pounds whale bone—but in the year 1802, only 28,470 gallons spermaceti, and 379,976 gallons whale oil, 135,637 pounds spermaceti candles, and 80,334 pounds whale bone. During the intermediate
period, the quantity of these articles, the productions of the whale fisheries, exported from the United States varied considerably: the greatest quantity of each specific article, exported in any one year being as follows, v. z. of spermaceti oil 221,762 gallons; of whale oil, 1,176,650; of spermaceti candles 290,666 pounds; of whale bone 452,127 pounds. The annual quantity on an average for 12 years from 1791 to 1802 inclusive, of each article is, in round numbers, of spermaceti oil about 106,493 gallons of whale oil 573,941; of spermaceti candles 197,967 pounds; and of whale bone 191,334 pounds. It may be proper to add that there would seem (from document B) to have been a somewhat greater number of vessels and larger quantity of tonnage employed in the whale fisheries during the last than the two preceding years—20 vessels and 3,201 tons having been employed in this business during that year.
With respect to the cod fisheries, the above quoted document C. proves, that this branch of our fisheries has been though slowly yet gradually progressing. In 1791, there were 383,237 quintals of dried and 57,424 barrels of pickled fish exported from the United States, and the quantity of these articles annually exported, has annually increased from that period to the year 1802; when 440,954 quintals of dried and 75,819 barrels and 13,229 kegs of pickled fish were exported from the United States. The average quantity of these articles exported annually during this period, was of dried fish 402,226 quintals, and of pickled fish 61,743 barrels; to which is to be added during the 7 years, an annual average exportation of 10,125 kegs of pickled fish. Agreeably to the report made to the last Congress on this subject, there were employed in the cod-fishery in 1800, twenty-five thousand tons of shipping and 3,840 men, and on an average of ten years preceding, rather upwards of 33,000 tons of shipping and somewhat less than 5,000 men.—In the year 1802, (document B.) there were 1,140 vessels, 39,399 tons of shipping, and 4,533 men employed in the same fisheries; exclusively of vessels and boats under the size of five tons, and the men navigating them, the number of each of which, the committee have reason to believe, has of late years considerably increased. Such is the least imperfect view of the subject referred to them, which the committee find themselves enabled to present to the House. As the official information with respect to the fisheries heretofore received at the treasury department, does not appear however to have been as full and as satisfactory, as might perhaps be desired—the committee have ventured to suggest the propriety of a more detailed account of their actual state, being required annually from the proper officers, and they doubt not but that the necessary steps will accordingly be taken by that department to carry this desirable object into effect.
In the mean time, the committee beg leave to state, in compliance with the instruction given them by the House, "to enquire, whether any, and if any, what measures are necessary for the encouragement of the whale and cod fisheries"—with respect to the last, (i. e. the cod fishery,) that, as it seems to have been gradually progressing under the present laws and regulations, they deem it unnecessary at this time to make any change in them, or to propose any further measure in regard to the cod-fishery; unless the House should in their wisdom think proper to adopt the resolutions submitted to the House of Representatives at the last session of Congress. It having indeed, been suggested to them that there was a larger proportion of foreign fish imported into the United States, than they were aware of, the committee had it in contemplation to propose an increase of duty on foreign fish: But understanding that a proposition to the same effect will ere long be submitted to the House from another quarter, they deem it unnecessary to interfere further in the business than to express their approbation of the measure.
The whale fishery on the other hand, presents itself under a much less favorable aspect, it having been for some years past more or less on the decline. And yet there is no branch of industry whatever perhaps, more highly important to the public.—Strongly impressed with this truth, the committee think it a point of true national policy to afford it every encouragement and to endeavor, as much as possible, to invigorate and re-animate it. They are perfectly aware however, of the many demands on the treasury, and feel a strong disinclination to draw unnecessarily on the public funds at this particular period. Yet believing that in the critical situation, in which the whale fisheries appear to be placed, some little encouragement, similar to that, which seems to have had so beneficial an effect on the cod fisheries, might turn the scale, and give new life to this interesting branch of our national industry, they venture respectfully to submit to the House the following resolution:—
Resolved, That there shall be paid to every vessel, carrying on the whale fish-

ries, for each and every ton of such vessel's burthen, if actually employed at sea, on one and the same voyage, in the prosecution of the said fisheries—
At least and not exceeding months, the sum of cents. If at least and not exceeding months, the sum of cents. And if so employed at sea in one and the same voyage during months and upwards, cents. Provided however, that no one vessel shall receive for any one voyage, a greater sum than dollars.
TREASURY DEPARTMENT, December 2d, 1803.
SIR,
I had the honor to receive your letter of the 23d instant, and now enclose three statements respecting the fisheries, which may be considered as supplementary to that transmitted last year.
It is proper to premise that this last mentioned document is, so far as it goes substantially correct, except in what relates to the whale fishery. This part of the statement was taken from the annual reports of the amount of district tonnage, and is found to embrace only the enrolled and not the registered vessels employed in that fishery. The enclosed statement (A) showing the number of vessels, and the amount of tonnage thus employed during the years 1799, 1800, 1801, has been abstracted from the original returns made by the collectors, and is less defective than that of last year. Yet owing to the form of some of those returns, it cannot be considered as perfectly correct.
The statement (B) of the cod and whale fisheries for the year 1802, is liable to the same objections in what relates to the whale, but is believed to be correct in what relates to the cod fishery, as the result is drawn from the licenses actually taken by fishing vessels. It does not, however, include the fishing boats under five tons burthen employed without licence, and not entitled by law to the allowance.
The statement (C) which is an abstract of the produce of the fisheries exported from the United States for the years 1791 to 1802, seems to corroborate the opinion that the whale-fishery has declined, and to establish the fact that the cod-fishery is rather progressing. It is, however, proper to observe, that exclusively of the amount consumed within the United States, that statement does not include the quantities of fish and oil exported immediately to other countries, by vessels employed in the fisheries, and without having been previously brought and landed in the United States. Nor is it perceived that any mode can be devised by which to ascertain with precision that amount for the following years.
For the purpose of laying hereafter annually before Congress all the information which our custom-houses can afford on that interesting subject, it will be necessary to instruct the collectors to make distinct returns embracing the various objects connected with it. The enclosed from (D) which has been prepared with that view, is submitted to the consideration of the committee; and such modifications or additions will be made to it as they may be pleased to suggest. It would be eligible to receive their observations early enough to enable this department to give the proper instructions and transmit to the collectors the form which may be ultimately adopted, before the commencement of year.
I have the honor to be, With respect, Sir, Your obedient servant, ALBERT GALLATIN Honorable Benjamin Huger, Chairman, &c.
DOCUMENTS
ACCOMPANYING "A BILL"
Further to amend the act intitled "An act to lay and collect a direct tax within the United States,"
Presented the 22d December, 1803.
[A.]
SIR, I am instructed by the Committee of Ways and Means to submit the enclosed petition to you, and to request such observations upon it as you may deem material.
I have the honor to be, With the highest respect, Sir, Yours, JOHN RANDOLPH, jun. 12th Nov. 1803. Albert Gallatin, Secretary of the Treasury,
TREASURY DEPARTMENT, 5th December, 1803.
SIR, I have the honor to return the petition of a number of owners of unoccupied lands in the State of New-York, together with remarks thereon, in which the propriety of some further modifications of the laws laying a direct tax is submitted to the committee.
I have the honor to be, With respect, Sir, Your most ob't serv't. ALBERT GALLATIN. John Randolph, jun. Esq. Chairman of the Committee of Ways and Means.
[C.]
Remarks on the petition of sundry inhabitants of New-York, complaining of the operation of the law for levying a direct tax.
The inconveniences complained of by the petitioners apply to unoccupied lands, and relate either to the assessment or to the payment of the tax.
It is urged that the vague and uncertain descriptions of the lands assessed with the omission of the names of the owners in many instances, render it difficult, and sometimes impracticable, to identify the estate to which the tax was attached.
It will be recollected, on that head, that it was enacted by the ninth section of the act "to provide for the valuation of lands and dwelling houses, and the enumeration of slaves within the United States," that all persons in the United States owning or possessing any dwelling houses, lands, or slaves, should deliver to the assessor within whose assessment district they resided, separate written lists specifying such houses, lands and slaves owned by them respectively in each and every assessment district of the state or of any other state, and designating the state, county, parish, township or town where the property lay, the quantity of land, name of the owner, &c. And it was further provided, by the 12th section of the same act, that all lists of property, taken with reference to any other assessment district, than that in which the owner or possessor resided, should be immediately transmitted to the commissioner superintending the district, and from him to the principal assessor of the district within which such property was situated.
From thence it appears that, except in the case of sickness, or absence from his assessment district at the time fixed for delivering the lists, the uncertainty of the descriptions of lands is principally chargeable to the neglect of the owner himself, whose duty it was to prepare and deliver correct and descriptive lists of his property either lying in his own or in any other assessment district. For it was only in the case when no such list had, in the manner provided by the act, been transmitted to the principal assessor of a district, that it became the duty of the assessors of such district to prepare themselves, in conformity with the 15th section of the act, lists of houses, lands, and slaves, situated in the district, and not owned or possessed by any person residing within the same.
In that case, the assessors must have prepared the lists and described the lands in the best manner they could from the information they were able to obtain. In many instances, they may have mistaken the names of the owners, and when the owners were altogether unknown they have designated the land only by the number of the lot and by the name of the township or original patent. And it cannot be doubted that, either from want of information or from other causes, many vague, incorrect, and inapplicable descriptions of land are to be found in the lists of unoccupied lands, which have been or may hereafter be sold for non-payment of the tax, as well in the state of New-York as in all other states which contained large tracts of such lands.
It is, however, evident that, it is impracticable, at present, and especially in cases where the land has already been sold, to rectify the mistakes or incorrect descriptions of the assessment; and, however injurious the result may be to the parties, it does not seem, for the above mentioned reasons, that they have, in that respect, a right to expect redress from government. It must also be observed, that when the description of the land, without any mention of the owner, did not apply to the tract intended to be taxed; either, (as has happened in many instances) the land could not be sold, and the tax is lost to the United States; or, the sale could vest, in the purchaser, but a precarious title to the real tract; and in cases where lands were assessed in the name of either persons than the owners, it has been expressly provided by the 5th section of the act "to amend an act entitled "An act to lay and collect a direct tax within the United States," that copies of the lists of property assessed, statements of the amount of taxes due thereon, and notifications to pay the same should, before the collectors could proceed to sell, be published for sixty days in four Gazettes of the state, if there were so many.
From which last provision it appears that when such publication has been omitted, the sale was illegal, and that when it has taken place, the original proprietors may have recourse to it, in order to ascertain the amount of their taxes, even when, as is suggested, the collectors refuse to communicate lists of the lands sold by them.
The petitioners, in the next place, complain that they cannot avail themselves, by a timely repayment of the tax, costs and interest, of the right reserved to them by law of redeeming, within two years after the sale, those lands which may have been sold for non-payment of the tax; because the collectors to whom that payment was directed to be made, allege in some instances that their office no longer exists, and sometimes refuse to exhibit their lists of lands sold; and because the supervisor has no means whereby to compel such collectors to transmit transcripts of those lists, in conformity with their instructions.
The law appears to be defective as well in that respect as in that no mode has been provided for conveying the lands sold and remaining unredeemed; and although the mode of redress pointed out by the petitioners may not afford complete relief in all cases, nor perhaps be adapted to its full extent consistent with the rights already vested in bona fide purchasers, its general principles do not seem objectionable, and will enable the original proprietors in many instances to redeem their lands.
The following provisions are suggested to effect that object.
1st. That the supervisor, or officer to whose office the duties of supervisor have been annexed, and, in those states where no such officer may exist, the marshal should alone be authorized to make deeds for lands sold for non-payment of taxes and remaining unredeemed.
2dly. That the collectors should within months after passing the proposed act, when the land has been previously sold, and within months after the completion of sales made subsequent to the date of such act, transmit to the supervisor, officer acting as supervisor, or marshal, as the case may be, correct transcripts of the lists of lands sold for non-payment of taxes, specifying the land as described by the assessment, the quantity of land sold, the amount of tax, charges and costs for which it was sold, and the name of the purchaser; and designating also such tracts of said lands which may have been redeemed, in conformity with the law, by the original proprietors, or for their benefit; and that they should also, within the same time, pay over to the said officer the amount of monies paid by or for such proprietors, and which shall not by the collectors have been already repaid to the purchasers; under penalty of
dollars in case of failure on their part either of transmitting such transcripts or of paying over such monies; and that a reasonable allowance, to be repaid in case of redemption by the original proprietor, should be made to them for transcribing and transmitting those lists.
3dly. That no deeds should be executed to the purchasers of lands thus sold, unless such lands are stated in the transcripts received from the collectors, or unless the purchaser shall have delivered within a limited time to the officer authorized to make deeds, a receipt from the collector for the purchase money, dated within not more than
subsequent to the sale, and specifying distinctly the original description of the land assessed and the quantity sold.
4thly. That deeds should be executed to the purchaser by the officer authorized to do the same, provided that the preceding provision shall have been complied with, unless the original proprietor or some person in his name and for his benefit shall within after passing the act (or after the date of the sale, or after the receipt either of the transcripts from the collectors, or of the collector's receipt from the purchaser) have either repaid to the officer the amount of the tax, charges, costs and interest as directed by law, or produced to him a receipt from the collector for such repayment, dated within not more than subsequent to the passing of the proposed act: in which case the purchaser shall be entitled to receive the said amount from the officer or collector accountable for the same.
The three first provisions do not appear to be liable to any well grounded objection: but, in order to fix the details of the last, it is necessary previously to decide the question whether under the terms of the existing laws, a right to the land absolutely vests in the purchaser at the expiration of two years after the sale, so as to preclude Congress, from extending the time of redemption beyond that term. The modifications of which the provision, fixing the time when deeds for lands unredeemed may be made, is susceptible, must necessarily depend on the opinion which shall be formed by the committee on that subject.
Respectfully submitted, ALBERT GALLATIN. Treasury Department, 5th December, 1803.
WASHINGTON CITY
WEDNESDAY, JANUARY 11.
The committee appointed to enquire into the official conduct of Samuel Chase and Richard Peters, are messrs. J. Randolph, Nicholson, J. Clay, Early, R. Griswold, Huger and Boyle.
The Senate of Pennsylvania have agreed to the amendment to the constitution. The ratification of that state is therefore complete.
The legislature of Virginia have likewise ratified.
St. George Tucker is appointed a judge of the court of Appeal of Virginia, in the room of Edmund Pendleton deceased.
Extract of a letter from a respectable character at Natchez, dated December 23d, 1803.
The mounted infantry from the state of Tennessee have arrived here, having sustained without a murmur the fatigue of a march from 5 to 800 miles of which upwards of 400 is a wilderness.
ANOTHER.—Five hundred volunteers from Tennessee have arrived at Natchez in good health and spirits—they suffered much in the wilderness for want of forage and provision—they are ordered to halt at that place.
Extract of a letter from Annapolis, dated, January 6, 1804.
"It is expected the legislature of this state will close the session on tomorrow—very few bills of public utility have passed—the amendment to the constitution of the United States relative to the election of President and Vice President, after considerable opposition by the federalists in our House passed, it had no opposition in the Senate.—The Turnpike road bill after occupying the attention of both Houses, for several days, was at last referred to the next session.—The Susquehanna Canal company, made a proposition to grant them the privilege to raise the tolls on the Canal; and they would relinquish their right to the half tolls on the bed of the river which was acceded to by both Houses, and a bill passed to that effect to make the bed of the river a free passage. The bill to abolish the General Court, was rejected by our House by a majority of four votes.—Those bills which I have mentioned are the principal bills which have occupied the attention of the legislature—and much time has been spent in both Houses in debating them."
HOUSE OF REPRESENTATIVES.
MONDAY, January 9, 1804.
The resolution offered by Mr. Baird, for the imposition of a tax of ten dollars upon every slave imported into any part of the United States, was taken up and referred to a committee of the whole on Thursday.
The House resolved itself into a committee of the whole on the bill further to amend the act to lay and collect a direct tax within the United States, Mr. Dawson in the chair.
The committee rose and reported several amendments, which were ordered to lie on the table.
TUESDAY, January 10, 1804.
Mr. Nicholson, from the committee appointed for that purpose, reported a bill to provide for the further protection of American seamen.
Read twice and referred to a committee of the whole on Monday.
Mr. Nicholson also reported a bill for the better direction of the collectors of the respective ports of the United States, in granting protections, &c.
Read twice and referred to a committee of the whole to-morrow.
A bill to authorize the courts of the United States to appoint commissioners to take depositions, &c. was read twice and referred to a committee of the whole on Thursday.
The committee, on the memorial of the legislature of Tennessee, respecting boundaries, made a report, recommending the appropriation of dollars for an Indian treaty.
Referred to a committee of the whole on Monday.
Mr. J. Clay moved the appointment of a committee on the petition of sundry citizens of Washington in December, 1801, respecting the erection of a bridge over the Potomac.
Referred to a select committee of three.
Mr. J. Randolph, from the committee of Ways and Means, presented a bill for the relief of the captors of the Moorish ship Milouda, and referred to a committee of the whole.
On motion of Mr. J. Randolph, resolved that the committee appointed to enquire into the official conduct of Samuel Chase and Richard Peters, be empowered to send for persons, papers and records.
The committee on the petition of William H. Harrison, made a report that it ought to be rejected.
Referred to a committee of the whole on Friday.
Mr. Early, from the committee of Accounts, reported a resolution directing that in future the stationery used by members shall be drawn on the order of each member, and entered in a book to be kept by the door keeper.
Agreed to.
The House took up the amendments of the committee of the whole to the bill further to amend the act to lay and collect a direct tax within the United States, and having agreed to the same, with amendments, ordered the bill to a third reading on Thursday.
TO SUBSCRIBERS.
Subscribers indebted for the National Intelligencer are respectfully reminded that, according to the terms of their paper, unless payment be immediately made, it will be discontinued. It will be recollected that an annual advance payment of five dollars is required.
CAUTION.
WHEREAS in the month of September last, money was obtained from two gentlemen of my acquaintance in the states of New-Jersey and Delaware, by a person who assumed the name of James Nicholson, and called himself my brother, I have the proper to state, with a view of explaining any other impressions of a similar nature which have may been created, & to prevent such as may be attempted hereafter, that for the last four years, my brother James Nicholson has been but little in the United States, and that he failed from Philadelphia in the month of April last for Canton, where it is presumed he now is. One of the letters in which application for money was made, is in my possession, and is a palpable forgery.—Printers in the middle states may possibly render a service, by inserting this advertisement in their papers.
JOSEPH H. NICHOLSON.
Jan. 11.
In the case of EZEKIEL KING, an insolvent debtor.
SIX months from the first day of December next is limited and appointed for the creditors to bring in and exhibit their claims to the trustee. This order to be published in the National Intelligencer once a month during said six months. By order of William Cranch, esquire, assistant judge of the circuit court of the district of Columbia.
URIAS FORRESTER, Clk.
The subscriber having been appointed trustee in the above case, requests the creditors to exhibit their claims, at his office, within the limited period.
ROBERT W. PEACOCK.
Jan. 11.—1804
To the Public.
PROPOSALS are offered, and preparations are making, for publishing a newspaper, twice a week, in the City of New Orleans, to be entitled
"THE UNION,
Or New-Orleans Advertiser and Price Current."
From which it is proposed that a Country Paper should emanate once a week.
conditions of the country paper:
1. "The Union" will be published every week, on a sheet equal in size and quality to the daily papers in the Atlantic cities, printed with a suitable type.
2. The price of "The Union, or New-Orleans Advertiser and Price Current," will be five dollars a year, to be paid half-yearly in advance.
3. The publication of this paper will commence as soon as the materials, which are now on their way to New-Orleans, can be received.
The objects of this paper are—to communicate to our fellow-citizens of the United States, early accounts of the important occurrences in New-Orleans and Louisiana; to disseminate such statistical information as has newly acquired territory as may come within our knowledge; to convey to the different merchant and planter, a correct list of the prices of the principal articles of produce and merchandise, offered for sale in New-Orleans; and generally to diffuse such information as falls within the province of a newspaper and price-current.
The politician, the merchant, and he who seeks for general information, must alike be impressed with the importance of a well conducted press, upon correct principles, at this important point of the union: Under these impressions, with great deference we submit the above proposals to our liberal and enlightened fellow-citizens.
J. LYON & CO. THE EDITORS.
Jan. 11.
N. B. Subscriptions to the Union received at the post-office Washington city.
Conveyancer's Office.
THOMAS HERTY,
Grateful for past favours, informs his friends and the public, that he continues to prepare CONVEYANCES OF LAND and every other species of DEED or INSTRUMENT in the line of his profession, with legal precision, and on moderate terms, little investigated, &c.
A choice selection of lots, on the Pennsylvania avenue and in other desirable situations in the City to lease or sell.
N. B. Herty's Abridgment of the laws of Maryland in 1 vol. and Herty's Digest of the laws of the United States in 1 vol. for sale at the above office.
City of Washington, April 2d. 1804.

NOTICE. TOLLS will be collected for crossing the BRIDGE over the Eastern Branch, from Thursday the 12th inst. Any person wishing to engage by the year will please to apply to the Toll gatherer at the bridge. THE DIRECTORS. January 9—2c
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 ENAMELLING ON GLASS, A few do. above the Washington Tavern—Looking glass and picture frames made and regilt.
NEEDLE WORK Framed in the hand-needle manner, and names done on glass. S. THOMEE, as a stranger being determined to establish in the line of his profession, believes that encouragement alone which he will give the reasonableness of his charges and his assiduity to business may entitle him to it. Window curtains handsomely gilt, and every thing in his line done to please the fancy of the owner equal to any imported. N. B. He has fine glasses and prints for sale on low terms. Jan. 9—up3m
Public Sale of Lots, In George Town and the City of Washington. THE executors of the estate of Anthony Holmead deceased will offer at public sale, at the Union Tavern in George Town, on Monday the 20th inst. 57 lots in Holmead's addition to George Town, many of them in eligible situations—Also several lots in the city of Washington, in squares 48, 49 and 62. The terms, which will be moderate, will be made known on the day of sale—The sale to begin at 12 o'clock. Any person wishing to view any of the above lots, will be shown them on application to the subscriber. JOHN HOEMEADE. Jrn. 4—tf
For Sale or Rent. A convenient two story Dwelling HOUSE, in the city, situated in a most remarkable pleasant situation, opposite the twenty buildings, and commanding a view of Alexandria; there is a very convenient kitchen, a small garden, and office with it. Any other particulars, may be known by applying to the subscriber, residing near the Navy Yard. RICHARD FRAZER. Jan. 4—
FOR SALE. THE Plantation on which I live, containing about 600 acres of valuable land. The improvements are, an exceeding good dwelling house two stories high, 42 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above stairs, with fire places in all but one, and a dry sweet cellar, the size of the house, in which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 18, two stories high, with a kitchen and laundry below, and long ng rooms for servants above. A washing house, meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy genteel neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and unincumbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the fence and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides an abundant one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises. OVERTON CARR. September 19. eptf
FOR SALE, To be sold to the highest bidder at Stello's Hotel in the city of Washington, on Monday the 16th of January 1804. 680 acres of valuable LAND, upon the Eastern Branch opposite the City, and is bounded by the water from opposite the Navy Yard nearly up to the bridge. More than one half is in Wood and timber, none of which is more than a mile and quarter from the water. This land will be sold altogether or in lots to suit purchasers, and a credit given according to the quantity purchased. Those who wish to examine it, will apply to Mr. Weddin at the Ferry who will show it. A. ADDISON. Dec. 30—tawtj16
ELISHA RIGGS, Has just received from Philadelphia, an additional supply of FALL GOODS, Which makes his assortment extensive. Among them are many fancy articles, and superfine cloths, cassimeres, velvets, and fancy vest patterns, Irish linens, cotton counterpanes, ticken, and sheeting, English hats, kid shoes, silk hosiery, and gloves, Shirting flannels, rose blankets, and coarse cloths, Furniture dimities, ditto calicoes, and stuffs, Silks, cambrics, muslins, chintzes and ca- Laces, veils, crapes and India muslins, 20 boxes China in sets. Also—other articles, which will be sold on terms to please the purchaser. George Town, Nov. 30—1803
NOTICE. ALL who are indebted to the estate of John Crookshank deceased are requested to make immediate payment to, CHARLES GLOVER, Admr. George Town, Nov. 25—tf
JOHN COX Has just received a quantity of American manufactured Bed Ticken warranted to hold the down of the feathers, which will be sold by the piece at the manufacturers prices, and by retail at a very small advance—Also sewing, darning and sawing cotton, with a quantity of chintzes and calicoes, which he will sell lower than the regular importer can afford to sell at. Elegant thread lace, fox, bear, and martin skin muffs and tips, handsome paper hangings, with almost every other article in the dry good line, both fancy and substantial, which he will sell at his usual low prices for cash, or in exchange for tobacco and flaxseed. For flax seed he will allow 12s. 3d. per bushel. Also a few handsome double barrel fowling pieces. George Town, Dec. 23—2m
FOR SALE. PURSUANT to the Will of the late Patrick Henry, a Tract of Land, lying on both sides of Falling river, in Charlotte county, Virginia, and containing about 1800 acres. This Land is in general poor, but contains a bank of Iron Ore, supposed to be the best, of any known in that part of the country. It lies on an excellent stream, a branch of Roanoke river, within four miles of its mouth, from whence is an easy and safe navigation. There are water-falls, stone and timber on the Land for all the purposes of an Iron Work; in the midst of a fine corn country; and about 400 acres of the Land is valuable for its soil. For further particulars inquire of Mr. RANDOLPH, of the House of Representatives. The terms will be made easy to the purchaser by EDMUND WINSTON, Ex'r. of Patrick Henry. Buckingham county, Ver. Dec. 23.—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 incumbrance 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 ab-ut 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 being 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 unexceptionably 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 store house completely finished, it being an excellent stand for a country store. A plantation to be made to the Subscriber at Millville near Lumberton in North Carolina, or for any information respecting the premises, to Samuel D. Purvis at the city of Washington. WM. NORMENT. Millville N. C. D. C. 12. N. B. Any part of the above property will be sold as may best suit a purchaser. Dec. 23—tf
NOTICE.
AGREELY to a deed of trust from the late Mr. John Beall, the subscriber will offer for sale, by public auction, at Mr. Dougherty's in Bladensburg, on the Saturday the 21st of January next, at one o'clock, All the right and title of Mr. Beall, to several tracts of land, conveyed by him for the benefit of his creditors. These lands are not more than a mile and a half from the town of Bladensburg, and contain about 240 acres, on which are a good dwelling house, a large barn & other useful houses. Also a few acres of valuable meadow. The land will be sold clear of dower—each required for one third of the purchase money, and bonds with approved security, for the other two thirds, payable in one or two years, with the interest from the day of sale. BEN. LOWNDES, Trustee. Dec. 30—eptf12
LOST,
THE following described certificates of funded three per cent stock issued by the Register of the Treasury in the name of Jacob Dietamer of Amsterdam, for the renewal of which application is intended to be made at the proper office. No. 3113 dated 23th October 1791 for 12,419 53 3/4 per cent stock. No. 3500 dated 23th November 1791, for 7 900 No. 6271, dated, 7th December 1792, for 831 41 No. 1201 dated, 5th December 1792, for 8 749 29 Dolls. 30,000 00. ROBERT GILMOR, & Sons. Dec. 28—ep7w
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.
MICHAEL ROBERTS HAS FOR SALE, AT HIS STORE, GEORGE-TOWN, A GENERAL Assortment of Stationary, And other articles in his line, viz.
 ATLAS, imperial, superroyal, royal, medium, demy, and folio post papers.  Plain and velum fool's cap ditto.  Plain pressed, gilt, wove & plain qua rto post di superroyal and royal cartridge do.  Medium, demy & fool's cap French marble di Plain and ruled blank books,  Best quills and ready made pens,  Pen knives, crasing knives and paper scissors,  Black and red ink and ink powder,  Black and red sealing wax and wafers,  Large red and white do. for office use,  Silk tape and red and white tape,  Parchment, scutic fish bone and pounce,  Ivory pounce boxes and paper folders,  India rubbers and gum arabic,  Black lead pencils, (warranted)  Ditto with silver cases,  Round and flat rulers,  Marking types and Reeye's colours in boxes,  Backgammon tables and cribbage boxes,  Billiard balls and dice,  English and American playing cards,  Portable writing desks,  Gentlemen and ladies pocket books,  Sheet and house almanacs for 1803,  Sheep & calfskins dressed for bookbinding use,  Printing ink and printing paper,  Wedgewood, glass and pewter inkstands,  Sand and water boxes,  Wax candles and tapers,  Ivory handle table desert knives,  Plated tea and coffee urns, large and elegant with silver head and brims,  Ditto tea and coffee pots, silver brims,  Ditto coffee double flint cut glass,  Ditto bread baskets and toast stands,  Ditto goblets and tumblers,  Ditto salt and mustard pots,  Ditto Decanter stands and fifth knives,  Ditto plain, high and patent round and oval candlesticks,  Ditto small do.  Do. chamber do. with snuffers & extinguishers  Ditto snuffer and snuffer trays,  Fashionable bras and onds,  Green wire senders and fire forcers with brass tops,  Shovels and tongs,  Coal hods and cinder sifters,  Hand bellows with brass and iron pipes, 
Plated Mouldings for Carriages.
 Gigg springs,  Spurs and stirrup irons,  Chaise, duke & saddle bridle bits,  Horse bridoons and curbs  Carriage, chair and switch whips,  Walking sticks and sword canes,  Horseman's and cocked pistols,  Officers travelling canteens, with cooking utensils, &c. complete,  Swords and dirks,  Gold and silver epaulets,  Sword knot and crimson silk sashes,  Gold and silver lace and cords,  Guns and fowling pieces,  shot pouches and powder flasks,  Game and hawking bags,  Catkin nets mounted and unmounted,  Traveling trunks and traveling pouches,  Buckskin gloves and breeches,  Morocco skins of various colours,  Boot and girth webbing,  English beed and cork soles,  Gentlemen & ladies japanned dressing boxes  English and American hair powder,  Powder bags and powder puffs,  Curing tongs and crimping irons and powder knives,  Hard and soft pomatum,  Best warranted razors,  Shaving brushes and boxes,  Benzoin, almond, palm, palmasceen, soap, slip, and Windsor soaps,  Wash balls and wash ball boxes,  Effence of musk, and ambergrise,  Burgamot and avender,  Rutpains Tincture for the teeth,  Tooth brushes and tooth powder,  Ivory and boxwood fine combs,  Tortoise she and horn braid combs,  Do. do. dressing do.  Genuine black and flesh colored plaisters,  Patent shoe blacking and shoe brushes,  Clothes, hair and hat brushes,  Sweeping, scrubbing, and dusting do.  Tortoise shell and japanned segar boxes,  Mother of pearl, tortoise shell and japanned snuff boxes,  An assortment of upholsterers ware, consisting of fringe line, tassels, &c.  An assortment of hardware consisting of saws, plains, chisels, gouges, augurs, files, rasps, locks, hinges, bolts, spades, shovels, tacks, sprigs, &c. 
ALSO FOR SALE, BY EDGAR PATIERSON, at the above store, FRESH FRUITS, just received per the Brig CELIA, capt. Brown, from Malaga. George-town, Dec. 21.
NOTICE.
ALL those indebted to the late firm of Redmond and Garrett Barry of this city are requested to make immediate payment to the subscriber, and those who have claims against said concern are desired to bring in their accounts properly authenticated for adjustment. GARRETT BARRY, surviving partner of Redmond & G. Barry. Jan. 2—6t
Ten Dollars Reward.
STOLEN from the plantation near Upper Marlboro, on Saturday night the 29th October—an iron grey HORSE, about four teen hands one inch high, seven years old, stout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been trimmed about the head and ears. Any person giving me information so that I get him again shall receive the above reward and if brought home all reasonable charges paid by, BENJAMIN ODEN. November 21—tf
Valuable Lands and Lots FOR SALE. I Will sell, on liberal terms of payment, to accommodate purchasers, the following Property, bequeathed to me, in trust with power to sell, by the late Mr. Thomas Dick, of Bladensburg, viz.
THE valuable FARM which he had in his own possession, and lands adjoining thereto, containing in the whole upwards of 1300 acres. These lands are situated to the northward of Bladensburg, on the Eastern Branch of Potomack river, about three miles distant from that town, on a fine level road. From Bladensburg to the City of Washington, by land, the distance is about four miles, and by water five; and the Eastern Branch is navigable for large craft to said town. There is a great abundance of wood on the lands, and they are well watered in every respect; have a considerable quantity of rich bottom, some of which is already in grass. The improvements on the farm are good, and the whole under good fences. These lands can conveniently be laid off into three parcels, with improvements to each, and will fold together or separately.
Part of a tract of Land, called Hills and Bales, lying in Montgomery county, on the north-west branch of the Eastern Branch of Potomack, about six miles from Bladensburg, and about the same distance from Washington, containing 70 1.4 acres.
Part of another tract, called Crawford's Adventure, lying to the south east of Bladensburg, nearly adjoining the town, and adjoining the lands of the late Richard Henderson, esq. containing 160 acres in all wood. And 83 1.2 acres of valuable Marsh and low land, on the said Eastern Branch, about half a mile below that town, and adjoining the said lands of the late Mr. Henderson.
The House and Lot in Bladensburg, on which the late Mr. Dick resided, containing about six acres; this is one of the best situations in the town, is generally admired, and commands a very extensive view. There is a good garden, ice-house, stable, and all other offices necessary for the accommodation of a private family, and the lot and garden properly inclosed, and all in good order. Should this house, &c. not be sold previous to the 1st of December, it will then be to rent.
One other lot or parcel of ground, adjoining the town lots, near the above mentioned house, and contiguous to the residence of Richard T. Lowndes, esq. containing 9 3.8 acres.
Also, Lot No. 7, in square No. 704, in the City of Washington, being the north-east corner of that square, containing 958 square feet.
A further description of the property is considered unnecessary, as persons inclined to purchase will doubtless satisfy themselves by viewing the same. Mr. John Hugh, at present residing in Bladensburg, will show the property, and the terms may be particularly known on application to him, or to
JOHN LAIRD, Trustee. N. B. I hold 246 1.2 acres of Land, adjoining the above mentioned tract of Hills and Bales, which may be advantageous and desirable for the purchaser of the latter to have—and I will sell the same on similar terms.
JOHN LAIRD. George Town, Oct. 24, 1803. ep2w12tf.
BY AUTHORITY.
SCHEME OF A LOTTERY,
To build a Catholic Cathedral Church in the City of Baltimore.
   Dollars.     1 prize of 20,000   1 ditto 10,000   2 do 5000 10,000   5 do 1000 5,000   10 do 500 5,000   15 do 200 3,000   200 do 100 20,000   200 do 50 10,000   200 do 25 5,000   250 do 20 5,000   4000 do 15 60,000   1 first drawn ticket after 2000, having a blank to its number, 500   1 do after 4000 do 500   1 do after 6000 do 500   1 do after 8000 do 500   1 do after 10,000 do 500   1 do after 12,000 do 500   1 do after 15,000 do 500   1 do after 18,000 do 500   1 do after 20,000 do 2,000   1 last drawn ticket, which may have a blank to its number, 4,000   7154 Prizes, 210,000   3,856 blanks—Not two to a prize.  
21,000 Tickets, at 10 dollars each, 210 000 The laudable purpose of this lottery—the many very valuable prizes offered, and there not being two blanks to a prize, are considerations which give the managers reason to hope for a rapid sale of the tickets. The drawing will commence as soon as a sufficient number of tickets shall be sold to authorize it; and thirty days after the completion of the drawing, the prizes will be paid to the fortunate adventurers; subject to a deduction of fifteen per cent. Such prizes as shall not be demanded within twelve months after the drawing is finished, shall be considered as relinquished for the benefit of the church.
For the satisfaction of those at a distance, it may be necessary to mention, that the managers have given bond to the mayor and city council in the sum of 120,000 dollars, for the due payment of the prizes which may be drawn.
Tickets to be had of the managers, or of such persons as may be appointed by them. Managers.
 Right rev. Bishop Carroll,  Rev. Francis Beeton,  Messrs. David Williamson,  Robert Walsh,  Charles Ohequistre,  Patrick Bennett,  Arnold Livets,  Luke Tiernan,  Francis I. Mitchell, 
July 13, 1803. eopt The managers have lodged a number of tickets in the above lottery in the hands of Wm. Brent and James D. Barry for sale.
PROPOSALS for publishing a periodical work entitled The Literary Magazine, AND AMERICAN REGISTER.
THIS work, if public patronage encourages its prosecution, shall be published monthly. The number shall be, occasionally ornamented with an engraving, executed by the best artist that can be obtained, and delivered to subscribers at the price of FIFTY CENTS. Each number shall contain, at least, eight of publications preparing for the press; notices of literary characters and incidents; and such portions of information of a scientific, commercial, and agricultural nature, as shall be deemed most remarkable and most deserving of notice.
The sixth department shall contain an accurate detail of political intelligence, foreign and domestic, particularly a clear summary of the proceedings of the Congress of the United States during their session.
The seventh department shall consist of all such interesting or important occurrences, as the passing month shall have produced; such as casualties, crimes, &c. and shall likewise contain a list of the names of persons who have been admitted into large offices, and shall comprehend several departments.
The first department shall include original, moral, literary or scientific performances, and biographical or historical sketches.
The second department shall contain reviews of American publications, and of English works republished here.
The third department shall comprise such extracts, from foreign publications, as shall be considered peculiarly interesting, and deserving the attention of the people of America. The essence, especially of periodical publications, shall be carefully extracted.
The fourth department shall consist of pieces of original or selected poetry.
The fifth department shall include notices containing as full and accurate a list of marriages and deaths, in the United States, as can be procured.
This work will be published by Messrs John Conrad, & Co. and will be conducted under the immediate direction of an Editor who, in addition to his own labours, has received assurances of the assistance of several of the first literary characters in this city and in New-York.
A work of the nature now offered to the attention of the people of the United States, has long been demanded. It is conceived, that, if properly conducted, it would eminently promote the literature of this country, and would prove, in all respects favourable to the gratification of taste and extension of useful information.
The Editor promises, if encouraged by liberal subscriptions, all that his talents and labours can perform toward the successful execution of the work which he has proposed to undertake, and he hopes that this appeal to literary taste, that this desire to diffuse knowledge among all classes of society, will not, like other attempts, which have preceded this, be rendered fruitless, by a cold and depressing reception.
To enable the public to judge of the nature of the publication as soon as possible, the first number will appear in a few days.
Subscriptions received by Rapine, Conrad & Co. Booksellers and Stationers, New Jersey Avenue, near the Capitol. December 5.
Ten Dollars Reward.
STOLEN on the Race ground on Wednesday evening last, a likely Sorrell MARE, saddle and bridle; the saddle is about half worn with plated stirrups, and a new bridle; the mare is eight years old, about fourteen hands high. Passes trots and gallops; shod before; the outsoles of both hind feet a little worn by dragging them when rode; has a small star in her forehead, there is a fear on the off shoulder that resembles the letter T. Whoever delivers the above described mare, saddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and a questions asked. November 14—wtf
NEW STORE, WHOLESALE & RETAIL.
THE subscriber respectfully informs the public that he has opened a store in Bridge Street, near High Street, at the left, running from the city, where he will sell very cheap the following fresh imported goods:
 Superfine and second London men's and children's hats, silk and second broad cloth, cassimeres, coating and naps of a variety of the newest fashionable colors, flannels, Irish linen of the very finest and middle sort, Oldenburg, cambric, cambric mufin, laces, cotton, calicoes, fancy waistcoatings, English and French silk stockings and gloves, worked hosiery, handkerchiefs, silk and other threads, fringes, gold and silver watches, razors, pen knives, &c. &c. 
The subscriber has a large quantity of broad cloth, cassimeres, coatings, &c. on hand which he wishes to sell off, and offers them therefore by wholesale at the very low price of 15 advance. TH. W. PAIRO. George Town 19th Dec.—gtawtj16
STOUGHTON'S GENUINE BITTERS.
Faithfully prepared at the original warehouse London.
To make any observations here, upon the superior quality of these bitters to any ever offered for sale, is needless; suffice it to say, that they have stood the test of approbation a great number of years.
Gentlemen, who prefer bitters, will find them an elegant and wholesome preparation; and far preferable to the trash generally offered under that name. It is now for the first time, imported in quart. bottles, as well as vials, which will reduce the price near one half.
Sold by Rapine, Conrad and Co. Capitol Hill, Washington, John March, George Town, Robert and J. Grey, Alexandria, and A. Buck, Frederickburgh, Virginia. November 7—tawtjm