The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-10-26 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. III.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCCLXX.
FIVE DOLLS. PER ANN.
WEDNESDAY, OCTOBER 26th, 1802.
PAID IN ADVANCE.
NATIONAL INTELLIGENCER.
A DEFENCE
OF REPUBLICAN GOVERNMENTS.
LETTER THE ELEVENTH.
Republics inimical to Luxury.
That monarchies are more calculated to produce luxury than republics would strike the mind as a self-evident proposition, were it not denied by some writers, among which we have to reckon our countryman, Mr. Adams. Nothing, however, is presumed, but a studious endeavour to depreciate democratic institutions could have induced him to question its truth.
A republican government secures to every citizen equal political rights, opens to all the door of preferment, and protects the just acquisition of property. There are to many restraints not only against the possession of immoderate power, but also against the acquisition of its ordinary attendant, immoderate riches.
Republican governments are necessarily administered with economy. Offices, therefore, in such governments, are rarely lucrative, and never comparable in gain to those under monarchies. Besides the enjoyment of an office being limited in point of time repels the accumulation of great wealth.
The very opposite effects flow from monarchies. Political rights are unequally distributed, the door to political preferment is open but to a few, whose qualification generally flows from birth, and property is subject to frequent violation. Hence the possession of immoderate power, and immoderate riches.
Monarchical governments are necessarily administered at a great expence. The plenitude and patronage of the crown require millions. The monarch can only be supported by a numerous nobility, who must possess wealth above the plebeians, and those who fill offices must be enabled to live in a style that shall impress the populace with a profound respect. Hence lucrative offices will be established, which, being possessed for life, will be the sources of extensive riches.
Now, it may be assumed as a general proposition that men will live as well as they can. The satellites at a court will, therefore, exhibit a pomp of luxury and refinement of art commensurate to their resources. The principle of imitation will spread its influence through all ranks of society, and excite an universal spirit of competition.
NOTE. —Luxury is even in proportion to the inequalities of fortunes. If the riches of a state are equally divided, there will be no luxury; for it is founded merely on the conveniences acquired by the labor of others.
Mort. B. 7. Ch. 1.
As riches, by the very constitution of monarchies, are unequally divided, there is an absolute necessity for luxury. Were the rich not to be lavish, the poor would starve. It is even necessary here, that the expenses of the opulent should be in proportion to the inequality of fortunes; and that luxury, as we have already observed, should increase in this proportion. The augmentation of private wealth is owing to its having deprived one part of the citizens of their necessary support; this must therefore be restored to them. Hence it is, that for the preservation of a monarchical state, luxury ought continually to increase, and to grow more extensive, as it rises from the labourer to the artificer, to the merchant, to the magistrate, to the nobility, to the great officers of state, up to the very prince; otherwise the nation will be undone. In the reign of Augustus, a proposal was made in the Roman Senate, which was composed of grave magistrates, learned civilians, and of men whose heads were filled with the notion of the primitive times, to reform the manners and luxury of women. It is curious to see in Dio, with what art this prince eluded the importunate solicitations of those senators. This was because he was founding a monarchy, and dissolving a republic.
Luxury is therefore absolutely necessary in monarchies; as it is also in despotic states. In the former, it is the use of liberty; in the latter, it is the result of servitude. A slave appointed by his master to tyrannize over other wretches of the same condition, uncertain of enjoying to-morrow the blessings of to-day, has no other felicity than that of glutting the pride, the passions and voluptuousness of the present moment. Hence arises a very natural reaction. Republics end with luxury; monarchies with poverty."
Mort. B. 7. Ch. 4.
Other circumstances will conspire to produce inequality of wealth. One of the radical principles of a monarchy is the hereditary enjoyment of large estates. This will perpetuate inequality of riches. In republics an opposite principle prevails, which soon equalizes the most overgrown fortunes.
In republics, all monopolies, or restraints on human industry being inhibited, every citizen is perfectly free to use the powers bestowed by nature or education towards the advancement of his fortune in such a way as his judgement dictates. Where this perfect freedom exists the industry and merit of one man will, in general, be equally rewarded with those of another, and the effect be an acquisition of property, it not equal, at least not excessively unequal. This will ensure a tolerable equality of living.
In monarchies, prolific in monopolies and restraints on human industry, great inequality of fortunes will arise, and consequent inequality of living.
In Republics, the taxes being light will be but inconsiderably felt by the poorer class of citizens, whereas in monarchies being excessively heavy, they will be productive of oppression and increase the existing inequality of conditions. For it is a truth that no considerable tax can be imposed that will not operate with disproportionate severity upon the labouring part of the community.
There is one circumstance which merits notice on account of its intrinsic weight, as well as from its having probably been the origin of the idea that luxury was as common in republics as in monarchies. It having been remarked that, under republics, the mass of the citizens live better than under monarchies, and that they enjoy not only more of the necessaries, but also more of the comfortable enjoyments of life, it has been inconsiderately inferred that more luxury prevailed than in countries where the greater part of the people have but a rigid subsistence. But this inference is entirely mistaken. Luxury does not consist in a liberal participation of the rational enjoyments of life, but in an extravagant consumption of articles that only serve to pamper false appetites, and administer to the gratification of a senseless vanity. A commodious dwelling, an abundant table, comfortable raiment, and a command of some portion of our time for enjoying the pleasures of friendship and reflection, are possessions, which so far from debasing, serve to strengthen and elevate the human character. And accordingly we find those nations the most happy where those possessions are the most equally diffused. We find them also the least luxurious. Because in such a state of society, men, having enough to enjoy the rational gratifications of life, and not enough to riot in extravagant dissipation, are necessarily confined within the scale of what may be denominated a liberal economy. They are not rich enough to dazzle, but are sufficiently rich to enjoy.
This, fellow-citizens, is no picture of the imagination. It is a picture, a faithful picture of your own situation; and while it truly delineates your condition, it boldly discriminates it from the condition of every other people in the universe.
From this view, properly improved, it will appear that the great preservative of that degree of equality of possessions which is necessary for the happiness and liberty of nations is to be derived from the just structure of governments. It is by no means requisite that there should be an absolute equality of wealth, or that all men should alike share the goods of fortune. This, beside its impracticability, would be subversive of a fundamental law of our nature, that, by bestowing on us different powers and various sources of gratification, has connected the happiness of one man with attainments not requisite for another. Any violent attempt to equalize wealth has always too either produced convulsion, or destroyed those springs of human action on the elasticity of which industry, and all the virtues and talents it carries in its train, absolutely depend. However an agrarian or sumptuary law may have answered a momentary purpose, in times essentially different from the present, there can be no doubt that it would now be destructive of every fruit of civilization and science.
But while justice and sound policy prohibit the interference of governments in restraining the acquisition of property, or in the use of property fairly acquired, they equally require an abstinence from any measures which shall, independently of the ordinary sources of gain, accumulate wealth in the hands of particular
individuals. This is the duty of every good government; but it is a duty either not regarded, or incapable of execution, by any other kinds of government than republican. And the reason is most obvious. It is only in republican governments that the general welfare is steadily and vigilantly pursued, because in those governments the people retain in their own hands the sovereign power. In other governments, not only their foundation is laid in partial interests, but their measures uniformly tend to extend them. We have seen that their very structure implies great inequality of power and fortune, which are fenced round against invasion, and lodged permanently with particular individuals or bodies.
The whole experience of mankind illustrates this view. According to the graduation of governments, from despotism to free, will it be found, that luxury has prevailed, always, to be sure, relatively to the existing state of society. It will be found that this luxury has sprung up in the purview of a court, ramified its deleterious influence through its numerous dependents, and infected the whole nation. She has been substituted in the place of solidity, effeminate in the room of manly manners, float in the room of activity, and a fraudulent in the place of an honest disposition. Little have the luxurious voluptuary, or the gaudy pageant of royalty reflected, or if he has reflected, little has he cared for the inevitable misery which he has inflicted, by the criminal indulgence in pleasure of himself or those around him. Amidst the intoxications and epicurean enjoyments of the banquet, he has little thought of the distress, perhaps famine of the poor. The imperial throne, blazing with more than meridian splendor, strikes the imagination of the superficial beholder with awful reverence for the power that encompasses it with so much glory; and is calculated to produce a lively impression of surrounding prosperity and wealth; but he, who is accustomed to look below the surface of things, to contemplate men as they really exist, with ease extends his eye to the commencement of that dreary region, doomed to perpetual sterility by the cupidity of power, and which continues to the remotest borders of the empire. The mass of the people is doomed to a cheerless existence, to a subsistence derived from the indispensable necessaries of life. Every inducement to activity of mind or body is annihilated in the conviction that their fruits will be snatched from them by the extravagant desires of a despot.
The same effects, though in a milder degree, flow from all arbitrary governments, until we reach those which are supported by the immediate will of the people, where the field of action is free to every man, where prosperity is the reward of industry, and is secure from wanton invasion.
Other effects, not less important than those already described, flow from the prevalence of luxury. Nations become enfeebled and a ready prey to the violence of their neighbours. Talents are rendered venal, and every man has his price. Tyranny becomes more consolidated and ferocious, when tyrants think more of the enjoyments of sense than of discharging their duty, and when their effeminate subjects cease to make the least resistance to the encroachments of power.
It can only be under a republican government, that the growth of this ignoble passion can be arrested, where all the operations of the government, so far from sowing the seeds of equality of wealth, actually tend to equality. The public contributions, derived from the people, according to their ability, are expended in the promotion of the public good, and do, in reality, constantly tend to equalize property. So far as they are distributed among those who administer the government, they become the rewards of talent and virtue, generally drawn from the humbler walks of life, thereby giving to those who were relatively poor a certain portion of the goods of the rich. So far as they are expended for maintaining the rights of the people, the tranquility and peace of the country, and in its improvement, they eminently contribute to advance the interests of the most enterprising and industrious members of society, who are in general those of moderate wealth. In short, there is not a political institution
† NOTE. —The man, says Rousseau, "who earns no his subsistence, but eats the bread of idleness, is no better than a thief; and a pensioner who is paid by the state for doing nothing differs little from a robber who is supported by the plunder he makes on the high way."
that does not tend by sure, though slow steps, to remove the existing, and to check the encroaching, inequalities in a state.
Contrast the condition of such a state with that of a monarchy just described. In the first, the lot of every citizen depends greatly upon himself. Industry will bring its reward, talent will confer distinction, and virtue will be esteemed. The certainty of a reward and the security of property will stimulate activity. The poor will strive by regular means to become rich; talents will aim at distinction, and virtue will claim applause. The powers of the body will be manfully exerted, and health will reward their exercise. The powers of the mind will be animated by a never-dying hope, and happiness will be their offspring. In such a community there will be no established order of the poor; for every man that is industrious will escape poverty.
In this universal competition for riches, they will be, if not equally, at least considerably divided. There will be few gigantic fortunes; and they will soon be divided among a numerous offspring.
The general industry of the citizens will enrich the nation, and multiply its resources. In proportion to its numbers it will be eminently wealthy. Hence the public contributions will take from each citizen, but a small portion of his property, and that portion, small as it is, will, in general, by a wise administration of the public concerns, be returned with interest.
Such a nation must be happy in her interior, and powerful in her exterior relations. Retaining from a waste of her resources in the splendor of her establishments, in the idleness of her citizens, in ruinous wars, in luxury and vice, she will keep in reserve her undivided treasures, and unenervated strength, to repel any great calamity that may approach her. Woe be to the tyrant that attempts to enslave such a nation, or to the power that invades her territory or disturbs her peace.
The House of Representatives have taken off the injunction of secrecy respecting the following proceedings of the last session, and ordered them to be printed.
IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
WEDNESDAY, the 12th of Jan. 1803.
Ordered, that the Committee of the whole House, to whom was yesterday committed a motion in words following, to wit:
"Resolved, That a sum of two millions of dollars, in addition to the provision heretofore made, be appropriated to defray any expenses which may be incurred in relation to the intercourse between the United States and foreign nations, to be paid out of any money that may be in the Treasury, not otherwise appropriated, and to be applied under the direction of the President of the United States, who, if necessary, is hereby authorized to borrow the whole or any part thereof; an account whereof, as soon as may be, shall be laid before Congress;"—be discharged from the consideration thereof; and that the said motion be referred to Mr. Nicholson, Mr. Eustis, Mr. Bayard, Mr. Dickson, Mr. Lowndes, Mr. Thompson and Mr. Gregg, that they do examine the matter thereof, and report the same with their opinion thereupon, to the House.
The Committee, to whom was referred a Resolution proposing an appropriation of two millions of dollars, in addition to the sum usually appropriated for the purposes of intercourse between the United States and foreign nations, submit the following
REPORT.
The object of this resolution is to enable the executive to commence, with more effect, a negotiation with the French and Spanish governments relative to the purchase from them of the island of New Orleans, and the provinces of East and West Florida. This object is deemed highly important and has received the attentive consideration of the Committee. The free and unimpeded navigation of the river Mississippi, is a point to which the attention of the general government has been directed, ever since the peace of 1783, by which our independence as a nation was finally acknowledged. The immense tract of country owned by the United
States, which lies immediately on the Mississippi, or communicates with it by means of large navigable rivers lying within our boundaries, renders its free navigation an object, not only of inestimable advantage, but of the very first necessity. The Mississippi forms the western boundary of the United States from its source to the 31st degree of north latitude, & empties itself into the Gulf of Mexico about the 29th degree of north latitude. It furnishes the only outlet through which the produce of the Indiana Territory, of the states of Ohio, Kentucky and Tennessee, and of the western parts of Pennsylvania and Virginia, and a portion of the Mississippi Territory, can be transported to a foreign market or to the ports of the Atlantic States. From the 31st degree of north latitude which is the southern boundary of the United States, to the mouth of the river, the Territory on each side has heretofore been in possession of the Spanish government; the province of Louisiana lying to the west, and those of East Florida, with the island of New Orleans, to the east. Although the United States have insisted on an uncontrollable right to pass up and down the river, from its source to the sea, yet this right, if admitted in its most ample latitude, will not secure to them the full advantages of navigation. The strength and rapidity of the current of the Mississippi are known to render its ascent so extremely difficult, that few vessels of burthen have attempted to go as far as our boundary. This circumstance obliges the citizens of the western country to carry their produce down the river in boats, from which it is put on board of ships capable of sustaining a sea voyage; it follows, therefore, that to enjoy the full benefits of navigation, some place should be fixed which sea vessels can approach without great inconvenience, where the American produce may be deposited until it is again shipped to be carried abroad. This great point was secured to us in the year 1795 by the Spanish government, who agreed in the treaty of San Lorenzo el Real, that Americans should have the right of deposit at New Orleans. This right has been used from that time till a late period; but the conduct of the Intendant at that place, shows how liable the advantageous navigation of the river is to interruption, and strongly points out the impolicy of relying on a foreign nation for benefits which our citizens have a right to expect should be secured to them by their own government. It is hoped that the port of New Orleans may again be opened, before any very material injuries arise; but should this be the case, or if as the treaty provides, a new place of deposit should be assigned, the late occurrence shows the uncertainty of its continuance. Experience proves that the caprice or the interested views of a single officer, may perpetually subject us to the alternative of submitting to injury, or of resorting to war.
The late violation of our treaty with Spain necessarily leads to the enquiry how far the western country may be affected in other points, not connected with New Orleans. The Mississippi Territory extends from the confines of Georgia to the river Mississippi, and from the 31st to the 35th degree of north latitude. It is estimated to contain more than fifty millions of acres, and from its numerous advantages must one day or other possess an immense population. The variety, richness and abundance of its productions, hold out to settlers the strongest inducements to resort thither, and the United States may safely calculate on drawing a considerable revenue from the sale of lands in this, as well as in other quarters of the western country. The value of these, however, may be diminished or increased, and the sale impeded or advanced by the impression made on the public mind, by shutting the port of New Orleans, and by eventual measures which may be adopted to guard against similar injuries.
West Florida is bounded on the North by the Mississippi Territory, from which it is separated by no natural boundary; on the east by the river Apalachicola which divides it from East Florida; on the west by the river Mississippi, and on the south by the Gulf of Mexico. The Mississippi Territory is intersected by many large and valuable rivers which rise within its own boundaries, and meander through it in a general direction from North to south, but empty themselves into the Gulf of Mexico through the province of West Florida. In fact with the exception of that part of the territory which lies immediately on the Mississippi, the whole must depend on the Mobile and the Apalachicola, with their numerous branches, and on some

other rivers of inferior note, for the means of sending its produce to market, and of returning to itself such foreign supplies, as the necessities or convenience of its inhabitants may require. In these rivers too the eastern parts of the state of Tennessee are deeply interested, as some of the great branches of the Mobile approach very near to some of those branches of the Tennessee river, which lie above the great Muscle shoals. Even if it should prove difficult to connect them, yet the land carriage will be shorter, and the route to the sea more direct, than the river Tennessee furnishes. These rivers possess likewise an advantage which is denied to the Mississippi. As their sources are not in the mountains, and their course is through a level country, their currents are gentle and the tide flows considerably above our boundary. This circumstance together with the depth of water which many of them afford, render them accessible to sea-vessels; and ships of two hundred tons burthen may ascend for several hundred miles into the heart of the Mississippi territory. These rivers, however, which run almost exclusively within our own limits, and which it would seem as if nature had intended for our own benefit, we must be indebted to others for the beneficial use of, so long as the province of West Florida shall continue in the possession of a foreign nation. If the province of West Florida were of itself an independent empire, it would be the interest of its government to promote the freedom of trade, by laying open the mouths of the rivers to all nations, this having been the policy of those powers who possess the mouths of the Rhine, the Danube, the Po and the Tagus, with some others. But the system of colonization, which has always heretofore prevailed, proves, that the mother country is ever anxious to engross to itself the trade of its colonies, and affords us every reason to apprehend that Spain will not readily admit us to pass through her territory to carry on a trade either with each other or with foreign nations. This right we may insist on, and perhaps it may be conceded to us; but it is possible that it may be denied. At all events it may prove the source of endless disagreement and perpetual hostility.
In this respect East Florida may not perhaps be so important, but its acquisition is nevertheless deemed desirable. From its junction with the state of Georgia at the river St. Mary's it stretches nearly four hundred miles into the sea, forming a large peninsula, and has some very fine harbors. The southern point, Cape Florida, is not more than one hundred miles distant from the Havannah, and the possession of it may be beneficial to us in relation to our trade with the West Indies. It would likewise make our whole territory compact, would add considerably to our sea coast, and by giving us the Gulf of Mexico for our southern boundary, would render us less liable to attack, in what is now deemed the most vulnerable part of the Union.
From the foregoing view of facts, it must be seen that the possession of New Orleans and the Floridas will not only be required for the convenience of the United States, but will be demanded by their most imperious necessities. The Mississippi and its branches, with those other rivers above referred to, drain an extent of country not less perhaps than one half of our whole territory, containing at this time one eighth of our population and progressing with a rapidity beyond the experience of any former time, or of any other nation. The Floridas and New Orleans command the only outlets to the sea, and our best interests require that we should get possession of them. This requisition however arises not from a disposition to increase our territory; for neither the Floridas nor New Orleans, offer any other inducements than their mere geographical relation to the United States. But if we look forward to the free use of the Mississippi, the Mobile, the Apalachicola and the other rivers of the west, by ourselves and our posterity, New Orleans and the Floridas must become a part of the United States either by purchase or by conquest.
The great question then which presents itself is, shall we at this time lay the foundation for future peace, by offering a fair and equivalent consideration; or shall we hereafter incur the hazards and the horrors of war? The government of the United States is differently organized from any other in the world. Its object is the happiness of man; its policy and its interest, to pursue right by right means. War is the great scourge of the human race, and should never be resorted to but in cases of the most imperious necessity. A wise government will avoid it, when its views can be attained by peaceful measures. Princes fight for glory, and the blood and treasure of their subjects is the price they pay. In all nations, the people bear the burthen of war, and in the United States, the people rule. Their representatives are the guardians of their rights, and it is the duty of those representatives to provide against any event, which may, even at a distant day, involve the interests and the happiness of the nation. We may indeed
have our rights restored to us by treaty, but there is a want of fortitude in applying temporary remedies to permanent evils; thereby imposing on our posterity a burthen which we ourselves ought to bear. If the purchase can be made, we ought not to hesitate. If the attempt should fail, we shall have discharged an important duty. War may be the result; but the American nation, satisfied with our conduct, will be animated by one soul, and will unite all its energies in the contest. Foreign powers will be convinced that it is not a war of aggrandizement on our part, and will therefore feel no unreasonable jealousies towards us. We shall have proved that our object was justice; it will be seen that our propositions were fair; and it will be acknowledged that our cause is honorable. Should alliances be necessary they may be advantageously formed. We shall have merited and shall therefore possess general confidence. Our measures will stand justified not only to ourselves and our country, but to the world.
In another point of view perhaps, it would be preferable to make the purchase, as it is believed that a smaller sum would be required for this object, than would necessarily be expended, if we should attempt to take possession by force; the expenses of a war being indeed almost incalculable. The committee have no information before them, to ascertain the amount for which the purchase can be made, but it is hoped, that with the assistance of two millions of dollars in hand, this will not be unreasonable. A similar course was pursued for the purpose of settling our differences with the regency of Algiers, by an appropriation of one million of dollars prior to the commencement of the negotiation, and we have since experienced its beneficial effects.
Under these impressions therefore the committee recommend the adoption of the resolution referred to them in the following words, viz.
Resolved, That a sum of two millions of dollars in addition to the provision heretofore made be appropriated to defray any expenses which may be incurred in relation to the intercourse between the United States and foreign nations; to be paid out of any money that may be in the Treasury not otherwise appropriated, and to be applied under the direction of the President of the United States; who if necessary is hereby authorized to borrow the same or any part thereof, an account whereof, as soon as may be, shall be laid before Congress.
CONGRESS.
HOUSE OF REPRESENTATIVES.
MONDAY, October 24, 1803.
Amendment of the Constitution.
The House resolved itself into a committee of the whole on the report of a select committee on propositions of amendment to the Constitution.
Mr. Varnum in the chair.
The report was read as follows:
Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring, that the following article be proposed to the legislatures of the different states as an amendment to the constitution of the United States, which, when ratified by three fourths of the said legislatures, shall be valid to all intents and purposes as a part of the said constitution, viz.
In all future elections of President & Vice-President the electors shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President of whom one at least shall not be an inhabitant of the same state with themselves—the person having a majority of all the electors for President shall be the president; and if there shall be no such majority, the president shall be chosen from the highest numbers, not exceeding three, on the list for president, by the House of representatives, in the manner directed by the constitution—the person having the greatest number of votes as Vice President shall be the Vice President, and in case of an equal number of votes for two or more persons for vice president, they being the highest on the list, the Senate shall choose the vice-president from those having such equal number, in the manner directed by the constitution.
Mr. Dawson observed that at the time of the adoption of the Constitution, that part of it which related to the election of a President and Vice-President had been objected to; and evils, likely to occur, had been foreseen by some gentlemen at that day. Experience had shown that they were not mistaken. Every gentleman in that house knew the situation in which the country had been placed by the controverted election of a chief magistrate; it was one which he trusted never would return. It had been a subject much reflected on by the people, and by the state legislatures, several
of which had declared their approbation of the principle contained in the resolution reported by the committee. This house had two years since ratified a similar amendment by a constitutional majority of two thirds. At that time no objections were made to the principle of the amendment. All the objection then made was on account of the lateness of the day and thinness of the house. Mr. Dawson considered it unnecessary to make any further remarks at that time, as he could not anticipate any objections that might be urged. He moved that the committee should rise and report the resolution without amendment.
Mr. J. Clay though in favor of the principle of the amendment, was of opinion that, as to some of its parts, it required alteration. He, therefore, moved
“But if no person have such majority, then the House of Representatives shall immediately proceed to choose by ballot from the two persons having the greatest number of votes one of them for President; or if there be three or more persons having an equal number of votes then the House of Representatives shall in like manner from the persons having such equality of votes choose the President; or if there be one person having a greater number of votes not being a majority of the whole number of electors appointed than any other person and two or more persons who have an equal number of votes one with the other, then the House of Representatives shall in like manner, from among such persons having the greater number of votes and such other persons having an equality of votes, choose the President.”
Mr. Van Cortlandt thought the amendment liable to objection.
Mr. G. W. Campbell was in favor of the principle contained in the amendment. He considered it to be the duty of that house in introducing an amendment to the Constitution on this point to secure to the people the benefits of choosing the President so as to prevent a contravention of their will as expressed by electors chosen by them; resorting to legislative interposition only in extraordinary cases; and when this should be rendered necessary, to guarding the exercise of legislative power, that those only should be capable of legislative election who possessed a strong evidence of enjoying the confidence of the people. This was the true spirit and principle of the Constitution, whose object was, through the several organs of the government, faithfully to express the public opinion. For this reason he was in favor of the proposed amendment. By it we shall make a less innovation on the spirit of the Constitution than by rejecting it, and adopting the report of the select committee. There were obvious reasons why the persons from whom a choice may be made, should be fewer in case of a designation of the office, than heretofore. At present the whole number of electoral votes is 176. As the Constitution now stands, four candidates might have an equal number of votes, or three might have a majority, viz. 117 each. According to the proposed amendment, but one can have a majority, and if two persons should be equal and highest, it is not probable that the third candidate will have many votes.
Mr. Griswold said it was very difficult to ascertain the precise import of the amendment offered by the gentleman from Pennsylvania, by barely hearing it read from the chair. In the meaning, therefore, which he gave it, he might perhaps be mistaken. If not mistaken, it involved a principle, and implied a change, which he had never before heard suggested on that floor, or in the part of the country from which he came. It is well known to every member that under the Constitution as it at present stands, the votes given for a President in this house are by states, and not according to the majority of the members of the whole body. The amendment, as reported by the select committee, preserves this original feature of the Constitution by prescribing that the election shall be proceeded with as pointed out by the Constitution. But the present amendment varies this mode, according to which it is to be made without respect to states. Of course a majority of the members are to decide. He submitted it to gentlemen, whether they were willing in this way to sacrifice the interests and rights of the smaller states. If this be the intention of gentlemen, we ought to have time to deliberate on the subject, before it is pressed to a decision. The gentleman from Pennsylvania will explain whether this is his intention.
Mr. J. Clay begged leave explicitly to state, for the satisfaction of the gentleman from Connecticut, that it was not his intention to charge that part of the Constitution which prescribed that the votes should be by states; and if it would induce the gentleman to vote for the resolution he had moved, he would add the words of the Constitution, viz.
“But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice.”
Mr. Clopton, said that most seriously considering the principles of the government in such a point of view as he had the honor to state to the committee, he was irresistibly impressed with the opinion that a legislative election of President or Vice President, whenever re-
quired, should be restrained to the smallest number above an unit, or to those persons who have equal electoral votes. He considered it, he said, as a position clearly and unquestionably true that, if the field of election, when not decided by the voice of the people themselves, should be left too wide, more chances will there always be for the introduction of abuses in determining on a choice, if those, whose province it shall be to decide, should be actuated by a spirit adverse to the public sentiment. Results ungrateful to the public feeling might indeed become sources of discontent truly to be lamented. The demon of discord might be called forth, and balking over our land might unfortunately produce a state of things very different from that peaceful, tranquil state, which would follow a decision more conformable to the will of the people. Such a decision, he said, he believed, would be ensured were the election to be confined to those two persons only, who had received the most ample testimony of the public confidence, or to those, who had been stamped with equal testimonials of that confidence.
For the reasons, Mr. C. said, which he had stated, he was in favor of the amendment as proposed by the gentleman from Pennsylvania. He had indeed, he said, prepared an amendment to the same effect, but was anticipated by that gentleman. He said, if it were in order, he would offer it as a substitute for that amendment. He then read it in his place, as follows:
“The electors shall make two lists, one of which shall contain the names of all the persons voted for as president and the number of votes given to each person respectively; the other list shall contain the names of all the persons voted for as Vice-President and the number of votes given to each person respectively; which two lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes on the list containing the votes for president shall be the president, if such number be a majority of the whole number of electors appointed, then from the two highest on that list the House of Representatives shall immediately choose, by ballot, one of them for president, unless more than two persons have an equal number of votes and that number shall be the highest on the list; in such a case the said house shall, in like manner, choose one of those persons for president; but, if one person only have the highest number on the list, and that number be not a majority of the whole number of electors appointed, and if two or more other persons have an equal number of votes, if that number be the next highest, then from the person having the highest number and the persons having equal votes the said House of Representatives shall, in like manner, choose one for president.”
Mr. Clopton said he was not tenacious of his own composition, but he believed that what he had prepared went somewhat further than the amendment proposed by the gentleman from Pennsylvania, and provided more explicitly as to the mode of proceeding of the electors in making lists of their votes. He said that on a subject of such immense importance as the present—a subject which might involve the liberty & the happiness of millions, yet unborn, it was necessary that the expressions should be as clear and as definite as possible, that there ought to be no ambiguity, no expressions, which might admit of misconstructions; that he had endeavored so to draw that which he had read to the committee, in which he had thought it safer to repeat phrases than refer to them by relative expressions. He hoped that the decision would be conformable to the ideas contained in the proposed amendment.
The SPEAKER said it was not in order to receive the amendment of the gentleman from Virginia, unless that of the gentleman from Pennsylvania was previously withdrawn.
Mr. Grigg said it was impossible fully to comprehend the two propositions offered barely by hearing them read. Amendments to the Constitution were of great importance. He felt at a loss how to act in the present instance, not clearly understanding the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 1796 when the first proposition to this effect was made by a gentleman from New-Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House; and hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would
fully to comprehend the two propositions offered barely by hearing them read. Amendments to the Constitution were of great importance. He felt at a loss how to act in the present instance, not clearly understanding the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 1796 when the first proposition to this effect was made by a gentleman from New-Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House; and hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would
fully to comprehend the two propositions offered barely by hearing them read. Amendments to the Constitution were of great importance. He felt at a loss how to act in the present instance, not clearly understanding the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 1796 when the first proposition to this effect was made by a gentleman from New-Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House; and hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would
fully to comprehend the two propositions offered barely by hearing them read. Amendments to the Constitution were of great importance. He felt at a loss how to act in the present instance, not clearly understanding the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 1796 when the first proposition to this effect was made by a gentleman from New-Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House; and hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would
fully to comprehend the two propositions offered barely by hearing them read. Amendments to the Constitution were of great importance. He felt at a loss how to act in the present instance, not clearly understanding the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 1796 when the first proposition to this effect was made by a gentleman from New-Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House; and hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would
fully to comprehend the two propositions offered barely by hearing them read. Amendments to the Constitution were of great importance. He felt at a loss how to act in the present instance, not clearly understanding the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 1796 when the first proposition to this effect was made by a gentleman from New-Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House; and hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would

WEDNESDAY, October 26.
LOUISIANA TREATY.
On MONDAY, in the House of Representatives, Mr. R. Griswold made the following motion:
Resolved, that the president of the United States be requested to cause to be laid before this House, a copy of the treaty between the French republic and Spain, of the first of October 1800, together with a copy of the deed of cession from Spain executed in pursuance of the same treaty conveying Louisiana to France, (if any such deed exists;) also copies of such correspondence between the government of the United States & the government or minister of Spain (if any such correspondence has taken place) as will show the assent or dissent of Spain to the purchase of Louisiana by the United States, together with copies of such other documents as may be in the department of state, or any other department of this government tending to ascertain whether the United States have, in fact, acquired any title to the province of Louisiana by the treaties with France, of the 30th of April, 1803.
On this motion a debate ensued which continued till near 6 o'clock in the evening. Successive questions were taken on the different members of the motion, some of which were agreed to, and others disagreed to; when the final question was taken by Yeas and Nays on the whole as amended, which was lost—Yeas 57—Nays 59.
YESTERDAY at 11 o'clock the House of Representatives went into Committee of the whole, on the Message of the President communicating the Louisiana Treaty.—Mr. Dawson in the Chair.
Mr. Randolph moved in addition to the proposition, before submitted by him, declaring it expedient to pass the necessary laws for carrying the treaty into operation, two additional propositions, the one for referring to a select Committee so much of the Message as relates to the establishment of a provisional government over Louisiana, and the other for referring to the Committee of Ways and Means so much of the Message as relates to appropriating 60 millions of francs, and making provision for the payment of the demands of our citizens on the French government.
On agreeing to the first proposition of Mr. Randolph, the debate on the constitutionality and expediency of the Treaty was commenced by Mr. G. Griswold of New-York, who questioned its constitutionality on the grounds, that the Constitution did not authorize an extension of the territory of the United States, and that, in violation of the Constitution, the Treaty gave a preference to ships of Spain and France entering the ports of Louisiana over the Atlantic ports.
These were the principal grounds of objection, and were urged by Messrs. G. Griswold, Jos. Lewis, Griffin, Purviance, Thatcher, R. Griswold, and Dana; and replied to by Messrs. J. Randolph, Elliot, Sanford, Smilie, Crowninshield, Nicholson, Rodney, and Mitchell. The debate did not close till about 8 o'clock in the evening, when the question was taken on the several motions of Mr. Randolph, and carried by great majorities. The committee then rose and reported the resolutions; which were immediately considered by the House.
On the first resolution, being a declaration that it was expedient to pass the necessary laws to carry the Treaty into operation, the yeas and nays were required, and were Yeas 90—Nays 25.
The question was then put on the two other resolutions; as above stated, and carried without a division. [This interesting debate shall be given with all attainable promptness.]
FOUND,
On the 25th inst. in the Potomac, opposite Greenleaf's Point,
A Leather Trunk,
containing a quantity of Women's Wearing Apparel. The owner, on proving property & paying charges, may have them again by applying to
ARCHIBALD OSBURN, Greenleaf's Point, Ga. 25.
Twenty Dollars Reward.
RAN AWAY from the subscriber, on Friday the 21st inst. a likely mulatto lad called BILL. He is about eighteen or nineteen years of age, and five feet seven or eight inches high. His face is covered with a number of large black freckles. He had on when he went away a new black fur hat, a fustian round jacket, and a pair of dark gray cassimere or cloth pantaloons. But he will in all probability change his apparel, as he has carried off money with him. Whoever will apprehend said lad and secure him in any jail shall receive the above reward from
JOHN T. MASON.
George-Town, Oct. 25. 1803. N. B. An offer and owners of vessels are hereby forwarn'd from employing or concealing said Bill at their peril.
be to be approved by the states. In order ultimately to simplify it, so as to render it the least objectionable to the states, he wished every member who had formed in his mind an eligible proposition would now bring it forward, that the whole might be printed.
Mr. J. CLAY said as there existed considerable difference of opinion, he would withdraw his motion, in order to move that the Committee should rise, when he would move a commitment of the report of the Select Committee.
Mr. NICHOLSON said that before the question was taken on the rising of the Committee, he would offer an amendment to the resolution reported by the Select Committee. It was his opinion that the question of principle should be settled in the House; if not so settled, it would be impossible for the report of any select committee to meet the approbation of the House. In the select committee a variety of propositions had been offered; the committee reported one, to which they had agreed; there were still endless amendments offered, which he was convinced would continue to be offered until some principle was fixed by the House. In making an amendment to the Constitution on this point, they ought to guard against all possible difficulties. The amendment of the gentleman from Pennsylvania goes to guard against those difficulties. But cases may arise, in which the amendment of the select committee will not be adequate. It says the election shall be made from the three highest persons voted for; but there may be cases, where there are no three highest, where four, ten, or twenty of the persons voted for shall be equal in number of votes. This case is not embraced in the resolution. For this reason, Mr. N. said he should have been pleased in having the question taken on the amendment of the gentleman from Pennsylvania. But as that amendment had been withdrawn, he would move another that the principle might be settled. He said he could conceive of no objection to giving the House of Representatives the right of making a choice of President from all those voted for by the electors. The case stated some days since by the gentleman from Virginia, (Mr. Clopton) of one candidate having 87 votes, a second candidate having 86 votes, and three others having one vote, was extreme; and if it should occur, he could see no inconvenience likely to result from the House of Representatives enjoying the right of making a choice from the whole five. I would be remembered that the House were chosen by the people, and would in the selection they made, express the public will, as well as the electors themselves. The feelings of the one would be in unison with those of the other; nor could he conceive that a House of Representatives would ever exist that would dare to chuse a person having but one vote. None would be found hardy enough to violate the public sentiment. He therefore moved to strike out from the report of the committee all that part of it which confined the choice to the three highest. If the majority of the committee should not coincide with him in opinion, he should with the gentleman from Pennsylvania to renew his proposition. And if the committee concurred in neither, he should with some other gentleman to bring forward another principle. For if the principle were not fixed there, he was convinced they would be involved in endless difficulties by the reports of select committees. Mr. N. then moved to strike out these words, "and if there shall be no such majority the President shall be chosen from the highest numbers, not exceeding three, on the list for President, by the House of Representatives" and insert in lieu thereof the following words; "and if no such person have a majority then the House of Representatives shall immediately choose a President from among those persons who have been voted for as President."
Mr. DAWSON said that when the gentleman from Maryland moved the appointment of a select committee he had voted against it, and for the very reason now assigned by him. As to the propositions, at present offered, they had been generally reflected upon by the select committee; and if referred to that committee, the House ought, in the first instance, to decide the principle. As to the amendment offered by the gentleman from Maryland, he conceived it scarcely necessary to make a single remark upon it, as the House was disposed to reduce rather than to extend the number of persons from whom a choice should be made. It adopted it will give the House of Representatives a right to vote for 176 persons, as no candidate might have more than one vote.
Mr. NICHOLSON believed the proposition of the select committee would reduce them to the same situation, as if the 176 votes given, one was given to each candidate, no one would be higher than another. The proper reply to this remark, was that it was an extreme case not likely to happen. Mr. N. said he was not so anxious that his amendment should succeed, as that the principle should be fixed in that house some way or other.
Mr. GODDARD said, though he would not pledge himself to vote for the proposed amendment to the Constitution in any shape whatever, yet he was in favor of the amendment offered by the gentleman from Maryland. He thought with him, that there was no great danger from the latitude allowed the House of Representatives, as they were chosen by the people as well as the electors; nor could he perceive why they were more to be distrusted than the electors. But the principal reason that operated with him in favor of the amendment was that it extended the right of suffrage in the House of Representatives. It is well known that our system is that of a confederacy. There appeared to him no danger of 176 persons being voted for; the nature of the government was such that but few persons would be voted for. But if no choice is made by the electors, he wished the right of the House of Representatives to be extended for this reason, because it will increase the power of the small states. As he concurred, the original proposition went effectually to impair the rights of the small states; and indeed any amendment would have that effect; but the amendment of the gentleman from Maryland having this effect, as little as possible, he should vote for it.
Mr. SMILIE would with one principle altered in the report of the select committee, viz. that which confined the election of a President to the three highest persons voted for. It was impossible for human wisdom to provide for all cases that might occur. Their time was not well spent in providing for cases extremely remote. He had but one object in view, the designation of office. And the more simple the proposition, the more likely they were to obtain this object. It should be recollected that the Constitution was the act of the people, and ought not to be altered till inconveniences actually arise under it. He believed, though particular parts might be defective in theory, they ought not to be changed till practical inconveniences had been experienced. No such inconvenience had been yet felt from chusing the President from the five highest on the list. Is it then prudent to embarrass the great principle in which they generally concurred with incidental propositions, when there was no necessity for them? This amendment was to obtain the assent of thirteen legislative bodies before it would be binding. The simpler then the proposition the more likely it was to succeed. His idea, therefore, was to leave the Constitution as it now stood, so far as related to a choice being made from the five highest, and only so far to change it as related to a designation of the office.
Mr. SANFORD said the great object of the amendment ought to be to prevent persons voted for as Vice-President from becoming President. If the amendment effected this, it was sufficient. All other innovation upon the Constitution was improper: and no dangers could arise from extending the right of the House of Representatives to making a choice from the five highest.
Mr. RODNEY said that in the select committee he had been in favor of the number stated in the Constitution. He was not for innovating on the Constitution one little more than was absolutely necessary. As to the mere designation of office, the people looked for and expected it; and if that were obtained, they would be satisfied. He well knew that if amendments to this simple proposition were multiplied, objections to the whole would also be increased. Having been originally in favor of five, and thinking the inconveniences apprehended by some gentlemen not likely to occur, he should vote in favor of the amendment of the gentleman from Maryland, principally for the reason assigned by the gentleman from Connecticut, that it would allow to the smaller states a larger scope of choice.
Mr. ELLIOTT hoped the amendment of the gentleman from Maryland would not prevail; and coming as he did himself from a small state, he trusted the house would pardon him for assigning his reasons for that hope. He felt confidence in the House of Representatives, as well as the gentleman from Connecticut; but he was of opinion that their discretion ought to be limited. The amendment will give the House of Representatives the unqualified power of electing from the whole number on the list of persons voted for as president; and on this ground he opposed it. It was said to be a question of larger and smaller states, and those who represent the smaller states were called upon to check the usurpation of the large states: Our system was undoubtedly federative; and there might be danger of an usurpation of the large states if the small ones were not protected by the constitution. His wish was that they might be so guarded. But he still thought the discretion of the House of Representatives ought to be limited. When this subject was first discussed, an observation of a gentleman from Virginia (Mr. Clopton) had struck him with force. That gentleman had correctly stated that, according to the proposition then before the House, one candidate might have 87 votes, another 86, and three have one
vote, and a choice be made from among the candidates having but one vote. Should the amendment of the gentleman from Maryland obtain, the same right would exist in the House of Representatives. But the gentleman asks if any House of Representatives will dare to elect a person having but one vote. He hoped they always would dare to do their duty, and it would then be their constitutional right. But Mr. E. thought they ought not to possess this discretion—Gentlemen further say the great object is a designation of the office. It is so. It was his sincere wish that that simple object should be attained. But he believed there would be no danger in adding to the proposition an amendment restricting the number from which the choice should be made.
Mr. G. W. CAMPBELL said he too represented a small state and was anxious to preserve the rights of the small states. But in a great Constitutional question, while these rights were not lost sight of, principle ought also to be regarded. This, he conceived his duty, whatever effect it might have upon the state he represented. For this reason he considered it proper to express his ideas on the present occasion. It was a vital principle to preserve the Constitution as pure as possible. This rendered it necessary to show that the proposition of the gentleman from Pennsylvania (Mr. Clay) came nearer to the principle of the Constitution than that offered by the gentleman from Maryland. He had already observed that, there being at present no designation, four was the smallest possible number from which a choice could be made; to this number but one was added, making altogether five. In future elections, there will be 176 electors, and if there be a designation of office, but one person can have a majority. To confine the choice to two persons will, therefore, in principle, approach as near as possible to the original principle of the Constitution.
Mr. G. was in favor of preserving that part of the Constitution which directed the election to be made by states, wishing as little innovation as possible on the principles of the Constitution. He did not, however, conceive a mere change of words dangerous, but the establishment of a principle that deprived the people of the power of electing those who possessed the largest share of their confidence. He was decidedly in favor of whatever had this effect, as according with the true spirit of the Constitution; and he was, therefore, opposed to the amendment of the gentleman from Maryland. His own opinion was, that it was best to express in one article whatever related to the election of President and Vice-President, than refer to the Constitution, by which the provisions on that subject would be rendered much clearer.
The question was then taken on Mr. Nicholson's amendment, and lost—Ayes 29—Nays 77.
Mr. SMILIE, in order to try the principle, would move to strike out "three," and insert "five."
Mr. FINLEY seconded the motion.
Mr. DAWSON would only repeat a remark, which he had already made.—The select committee, in proposing three as the number from which an election should be made, did not consider themselves as departing in the least from the spirit of the Constitution; as when both President and Vice-President were voted for, without discrimination, the choice was made from five.
Mr. SMILIE said, he did not know that there would be any danger in this innovation; but it was his wish not to alter the Constitution except in cases of necessity.
Mr. GODDARD said he was in favor of this amendment for the same reason that he had been in favor of that proposed by the gentleman from Maryland. The gentleman from Tennessee (Mr. Campbell) has told us that it is our duty to act, not from motives of interest but duty. Mr. G. considered it as his duty so to act as to protect the interests of his constituents, and of the state which he had the honor to represent. The gentleman further observes that in limiting the number from which a choice may be made, we shall ensure a nearer approach to the will of the people. Now what is that will, but the will of the large states of Virginia, New-York and Pennsylvania. He apprehended there might be cases where the interests of the smaller states might be materially affected. The larger states will generally have the first nomination of the persons voted for as President and Vice-President. If we dislike all the candidates, neither of whom shall have a majority of all the electoral votes, we may select from among them the one that best pleases us. He considered the Constitution so framed as to guard all the states. And if gentlemen are so tenacious of its vital principle, let them suffer it to remain as it is. But if there is a determination to alter it, which he feared was the case, he hoped no greater alteration would be made than was necessary to secure the end gentlemen professed to have in view. The greater the number of candidates, the greater, in his opinion, would be the influence of the smaller states. Nor could there be any danger from repoling a discretion
in the House of Representatives, as they were elected by the people as well as the electors; and when it was known by the people that on them devolved the eventual election, they would be chosen in reference to the discharge of this duty, as well as the other duties constitutionally imposed upon them.
Mr. ALSTON was opposed to the amendment offered by the gentleman from Pennsylvania (Mr. Smilie) to the amendment of the select committee, because in his opinion it would have a tendency to bring the election of a president of the United States more frequently into the House of Representatives, than otherwise it would be brought; he was as much disposed to guard against the influence of the large states as any member upon that floor.
The gentleman from Connecticut last up (Mr. Goddard) was in favor of the amendment because he thought it calculated to lessen the influence of the larger states. For his part Mr. A. thought very different from that gentleman, he believed that provided the amendment should be acceded to, it would be an inducement to any one of the large states to prevent an election of president by the electors of the federal states, that if the votes of a large state should be withheld from any one of the candidates proposed as president, it would prevent such candidate from obtaining a majority of all the votes of the electors. What then, Mr. Alston asked, would be the consequence. The choice would have to be made by that house, which circumstance he never wished to witness again; this he conceived to be an important point to guard against as much as possible.
He believed the fewer the number of the candidates or persons voted for, that the choice of president was confined to, the less chance there would be for that house to be called upon to make it. Should they adopt the amendment proposed, a strong inducement would be held out to any one of the large states, which might be displeased with the candidate proposed as president, to withhold the vote of their state, by which a majority of the votes of all the electors would not be given to any one candidate, because the whole vote of a large state given to their favorite would be certain to bring him within the five highest upon the list; but on the contrary should they confine the choice to be made out of the two highest upon the list agreeably to the proposition of another gentleman from Pennsylvania (Mr. Clay) which had been withdrawn, many still would be more likely to promote the election of one of the candidates most likely to get the largest number of votes. He was therefore much better pleased with the motion which had been withdrawn. He should therefore give his vote against the present proposition, and should it be rejected, he would himself renew the proposition made by the gentleman from Pennsylvania on the other side of the house, (Mr. Clay) should it not be renewed by the gentleman himself.
Mr. RANDOLPH said he came to the House under the impression that another subject would have occupied their attention on account of its primary importance, not meaning, however, to disparage the importance of an amendment to the constitution. But on a subject which must be discussed in a few days; if at all, it was improper that time should be lost. The proposed amendment to the constitution was not, he believed, so extremely pressing as to require immediate attention. The subject to which Mr. R. had expected the attention of the House would have been first directed was the Treaty with France. Hoping that the committee would have decided on the amendment at an early hour, he had refrained from any motion. But perceiving that a decision was not likely soon to be made, he would move that the committee should rise, for the purpose of taking up the Treaty respecting Louisiana.
Mr. Dawson opposed the rising of the Committee.
The question was taken on Mr. Randolph's motion, and carried—Ayes 60—Nays 55. Carried.
When the Committee rose.
General Post Office, Oct. 24. 1803.
A line of Expresses is established from this office to the Natchez, to commence on this day week and to continue three months from that time—during which period that mail will close at 5 o'clock P. M. and newspapers cannot be admitted into it unless they are fully dried and closely packed.
GIDEON GRANGER.
FOR SALE.
A pair of likely grey Virginia HORSES; will suit for the saddle or harness—both well gated young and sound. Apply at W. Lavel's, Union tavern—or they will be sent away in a few days; they are a tolerable match and the purchaser may try them in a carriage. They are gentle and have run in harness. Oct. 26.

Two Dollars Reward. STRAYED from the Dairy of Underwood and Stockwell in the city of Washington, four cows, branded on the near horn U. S. Any person lodging information at the dairy, where they may be found, or returning them thereto shall receive the above reward. UNDERWOOD & STOCKWELL. October 24. 3t.
FIRST LEGION. ATTENTION! At a Legionary Court of Enquiry, held on the 15th day of March last, in obedience to a law passed at the last session of Congress, entitled, "An act more effectually to provide for the organization of the Militia of the District of Columbia," ordered that the following be the Uniform to be worn by all non-commissioned officers and privates belonging to the battalion companies of the first Legion while on duty, viz. A DARK BLUE COAT of ordinary length, WHITE VEST, WHITE BREECHES and WHITE STOCKINGS, or WHITE PANTALOONS and WHITE STOCKINGS, or WHITE OVERALLS, with SHOES and ROUND BLACK HAT: which Uniform having been approved by the Brigadier General, is now published by order of the said court. WM. D. BEALL, Clerk of L. C. B. Sec. 27. And be it further enacted, That all non-commissioned officers and privates, belonging to battalion companies, shall appear while on duty, uniformly clothed, the color and fashion of which uniforms to be determined on for the respective legions, by the first legionary courts of enquiry which shall be held, and to be approved of by the Brigadier General; provided the expense of the same, additional to that of usual, ordinary, and cheap clothing, does not exceed five dollars for each person, and every such non-commissioned officer, or drummer, or fifer, or private, appearing at any muster held after three months from the time that such uniform shall have been determined on, and the order relative thereto shall have been published, in some newspaper within the legionary district and not wearing the same, shall be fined five dollars for each offence, unless he can make it appear to the satisfaction of the court of enquiry of the battalion to which he may belong, that he was unable to equip himself.
By His Excellency JOHN FRANCIS MERCER, Governor of the State of Maryland. A PROCLAMATION. WHEREAS the General Assembly of Maryland did, by an act passed at the November session, fifteen hundred and ninety, entitled "An act directing the time, place and manner of holding elections for representatives of this state, in the Congress of the United States, and for the regulation of the said elections," and also to repeal the act of assembly therein mentioned, direct that the Governor and Council, after having received the returns, papers, and instruments containing the number of votes for representatives of this state, to the Congress of the United States, should count and ascertain the number of votes for every candidate and person chosen as a representative, and by proclamation, signed by the Governor, and dispersed through the state, should declare the names of the persons duly elected representatives:—We, in pursuance of the directions of the said act, do, by this our proclamation, declare, that by the returns made to us it appears, that John Campbell, Esquire, was elected for the first district; Walter Bowie, Esquire, was elected for the second district; Thomas M'Intire, Esquire, was elected for the third district; Daniel Heifter, Esquire, was elected for the fourth district; Nicholas Burton Moore, and William MacCready, Esquires, were elected for the fifth district; John Archer, Esquire, was elected for the sixth district; Joseph Hopper Nicholson, Esquire, was elected for the seventh district, and John Dennis, Esquire, was elected for the eighth district. Given in council, at the city of Annapolis, under the seal of the state of Maryland, this fifteenth day of October, eighteen hundred and three. JOHN F. MERCER, By the governor, Nintan Pinkney, Clerk of the governor and council.
In Council October 17, 1803. ORDERED, That the foregoing Proclamation be published three times in each week, for the space of two weeks successively, in the American Telegraph, and Federal Gazette at Baltimore; the Maryland Gazette at Annapolis; the National Intelligencer at Washington; Republican Advocate and Baltimore's paper at Frederick Town; Graves' paper at Hagerstown, and the Star at Easton. By Order, NINTAN PINKNEY, Clk. October 24. epw.
Fifteen Dollars Reward. RAN away from the subscriber, on Saturday the 8th of this instant, a NEGRO FELLOW by the name of DICK; he is a likely well made fellow, about twenty or twenty one years of age, five feet eight or nine inches high, rather of a light colour, has a good head of hair with a fine set of teeth and when spoken to has a smiling look; had on when he went away a green negro cotton great coat, German osnaburg shirt, kempen rolls overalls, and a felt hat about half worn. Took with him a short jacket of olive coloured stuff with yellow buttons, a pair of olive coloured fancy cord pantaloons, an old black broad cloth coat with metal buttons, with other articles of clothing not recollected. He was seen at Frederickburg on the first day of the races, and it is probable he is still lurking about that place. He is the property of Doctor Robert M. Ruff of this county, and was hired from him by the subscriber. I forswear all matters of vessels and others from harbouring or carrying the said fellow out of this State at their peril. I will give the above reward to any person who will deliver him to me residing in Orange county, or secure him in any goal and give such information that I get him again. LEONARD HOLLURRY. Halifax, (Orange) October 24th. 3w.
To be Rented. At the Capitol Hill either the whole or half of a large two story brick house with a good kitchen and garret, opposite Mr. McCormick's store; Likewise a neat two story frame, well finished. For particulars enquire of John Read, Capitol Hill. N. B. Will hire out during the Session of Congress, four or five beds and their appendages. JOHN READ. Oct. 24—3t
This day is Published, By SAMUEL H. SMITH. And for sale at his Office, and at the bookstore of Rapine, Conrad and Co. Price 25 Cents— REFLECTIONS ON THE CESSION OF LOUISIANA TO THE UNITED STATES. By SWIFTERIS. October 17, 1803.
UNITED STATES, District of Columbia County of Washington, to wit: IN CHANCERY. August 13, 1803. Charles Wadsworth, complainant, versus Owen Roberts and wife, George N. Nyles and John Harper, and James Keith—Defendants. THE bill states that on the 3th day of August 1801, the defendant, Owen Roberts mortgaged to the complainant, certain property in the said bill mentioned to secure to the complainant the re-payment of a sum of money lent by him to the defendant; and that afterwards on the 11th day of June 1802, the defendant Roberts having contracted a debt with the defendants Harper and Nyles who although they knew of the previous mortgage to the complainant, procured a deed of trust to be executed by the defendant Roberts and Wife for the property mortgaged to the complainant, to the defendants James Keith, to secure to the defendants Harper and Nyles their claim against the defendant Roberts. The object of the bill is to obtain a decree for the foreclosure of the mortgage and a sale of the property therein mentioned, or so much thereof as will satisfy to the complainant, the sum of money lent to the defendant Roberts, with all interest that has accrued thereon. It is on the complainant's motion ordered that he procure a copy of this order to be inserted once in each of three successive weeks before the fourth Monday in December next in the National Intelligencer and Washington Federalist, to the intent that the defendants may have notice of his application, and of the nature of his bill, and that they may be warned to appear here in person or by solicitor, on or before the said fourth Monday in December next, to show cause if any they can, why the decree should not pass as prayed for in the said bill. Copy, test URIAH FORREST, Clk. October 10. 3taw
MECHANICS HALL. THE subscriber respectfully informs his friends and the public, that he has opened a House of Entertainment, on the causes way in George Town, at the sign of the Golden Square and Compass, for the accommodation of travellers and others, entitled the Mechanics Hall. All those who do not think themselves above a mechanic, will find it their interest to call on him, as he pledges himself to the public to be moderate in his charges, and to keep a supply of the best of every article in his line of business. Having several genteel rooms with fire places in each, parties on business can have private rooms. Oyster suppers while in season will be prepared on the shortest notice. Beer and porter. Also, newspapers of different politics, regularly filed in the bar room. He also keeps a small assortment of Groceries, of the best quality, which he sells low. Any favor in either line will be gratefully acknowledged, by the public's humble, servant, ANDREW M'DONALD.
A few genteel persons may be accommodated on moderate terms with boarding by the week, month or year. A woman, well acquainted with cooking, and of good character, is wanted, to whom liberal wages will be given. August 3. rawf
ESCAPED from Washington city jail, District of Columbia 29th inst. a negro man the property of col. Thomas Parker near the Blue Ridge, state of Virginia. He is about 5 feet 6 or 7 inches high, he had on when he went away two blue jackets sewed together, three pair of trowsers the outside one blue, a pair of old half boots; he appears to be 26 years old very dark complexion, he appears also to have lost all his fore teeth but two. He goes by the following names to wit, James Parker, John Grant and Abraham Shorter, I will give 10 dollars reward if taken within the district and 15 dollars out of the district and all reasonable charges paid by ROBERT M'CLEAN, Jailor. DANL. C. BRENT, Marshal of the district of Columbia, Co. Washington October 3. rawjt
NOTICE. THIS is to give notice that the subscriber of Washington city and county in the District of Columbia, hath obtained from the Orphan's court of said county, letters of administration with the will annexed, on the estate of James R. Dermott late of said city deceased. All persons having claims against the said deceased, are warned to exhibit the same, with the vouchers thereof, to the subscriber, at or before the fifteenth day of April next, they may otherwise be excluded all benefit of the said estate. Given under my hand this 3rd day of October, 1803. ALICE DERMOTT, Administratrix, cum test annex. October 3. twgw
TO be rented on moderate terms, either separately or together. Three two story brick dwelling HOUSES, in the city of Washington, on north E Street, between 9th and 10th streets west. They are well calculated for private families; and the whole taken together, will answer extremely well for the accommodation of boarders, on a large and excellent plan. Also a large frame building back of the above. Persons wishing to rent, will make early application to T. H. GILLISS At the Navy Office. wnt.
August 27. WAS committed to the jail of Baltimore county as a runaway, on the 6th inst. a negro man by the name of WILLIAM GROCE—He is about 50 years of age, 5 feet 7 inches high a deep black complexion, thin village, large thick lips, and has lost one lower and upper fore tooth, and has a scar on the back part of his left shoulder, occasioned by the cut of an axe; he has on a round about blue cloth jacket with sleeves, light colored mixed cloth vest, Osanaburg shirt and trowsers, and an old wool hat—he says he belongs to Mr. John Chilly, of Prince William county, Virginia, within 15 miles of Dumfries. If his owner does not release him, he will be sold for his goal fees according to law. James Wilson, Sheriff. September 12. rawf
WAS committed to the jail of Baltimore county as a runaway, on the 13th inst. a negro woman who calls herself RACHEL MAY; she is about twenty four years of age, five feet two inches high, dark complexion, much pock fretted—she has on a blue spotted calico gown and striped gingham petticoat. She says she was sold by col. Ezekiel Fickes of Do. lot county, on the Eastern Shore. If she is not released, she will be sold for her goal fees, according to law. James Wilson, Sheriff. September 28. rawf
PATENT GUN LOCK. The subscriber offers for sale the right of making and using Edward Webb's improvement in Gun Locks, which is considered by judges of the utmost importance to every person using fire arms, and more particularly to the army and militia of the United States. There are two very great advantages resulting from this improvement, the first is, that no accident can possibly happen by a gun going off at half cock as it has in that situation no connection with the dog, consequently not with the trigger or any other external part of the lock. It cannot possibly catch at half cock as there is no notch that the dog can catch on, and the counter dog is placed in the act of cocking, as not to be re-cocked but by the cock itself falling or being let down. The great security in this improvement ought certainly to recommend it to general use, to avoid the innumerable accidents that has and must unavoidably happen from the present plan, in guns going off at half cock, &c. Application made to Mr. Rhodes, city of Washington, will be communicated, and attended to, where I shall attend at the sitting of Congress. THOMAS WEST. August 29. rawgm
NOTICE. This is to give notice that the subscriber of Washington city hath obtained from the Orphan's court of Washington county in the District of Columbia, letters of administration on the personal estate of Alexander Wilson late of said city and county deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscriber, at or before the 25th day of April next, they may otherwise by law be excluded from all benefit of the said estate, and all those indebted to the same to make immediate payment. Given under my hand this 19th day of October, 1803. ELIZABETH WILSON, admx. October 19. 3taw
NOTICE. FOR Sale One hundred and fifty acres of land, One hundred acres of which is in wood—it is situated within six miles of the Eastern Branch ferry. For terms apply to MICHAEL LOWE. Prince George county, July 22. 3taw
Ten Dollars Reward. ELOPED from my service on the night of the 3d inst. JAMES STONE an apprentice to the house carpenter business, by birth an Irishman, 19 years of age, 5 feet 9 inches high or upwards, of a very yellow complexion, short black hair, chewstobacco—Had on and took with him, one white nankeen waistcoat with sleeves, striped, do. one pair buffin trowsers, one pair of Russia fleecing, do. one pair of thickset breeches, new shoes lined and boned, a real beaver hat about half worn—He is stout made and walks very upright—Any person that will secure said apprentice in any jail so that I get him again shall receive five dollars if within the District, and ten if without. I forswear any person harbouring or employing said apprentice, and all makers and skippers of vessels from taking said apprentice away, as I am determined to prosecute any person that will act contrary to law. PETER LENOX. september 9. rawf.
FOR SALE. By LEWIS CLEPHAN East of the Branch bank on E. street City of Washington. PAINTERS COLORS OF ALL SORTS. White Lead in kegs Red Lead, and dry, Spruce Other, Stone Other of superior quality, Prussian Blue, Turkey Umber, Gold Litage, Vermilion, and quality, East Carmin drop lake, Kings Yellow, Painters Brushes of all kinds, Linseed Oil and Spirits of turpentine, Window glass to by 12—8 by 10, and 7 by 9. Gold and silver leaf by the pack or book, Large sheets glass cut to any size. Gentlemen feeding their sails will have them neatly glazed and on moderate terms. All orders from the country will be carefully attended to. August 3. rawf
Conveyancer's Office. THOMAS HERTY, Grateful for past favors, 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, title investigated, &c. A choice selection of lots on the Pennsylvania avenue end in other desirable situations in the City to lease or sell. N. B. Herty's Abridgement of the laws of Maryland in 1 vol. and Herty's Digest of the laws of the United States in 2 vol. for sale at the above office. City of Washington, April 1st 1803. iwt
WAS committed to the jail of Baltimore county as a runaway, on the 3d inst. a negro man by the name of GEORGE FAIRFAX—he is about 17 years of age, 5 feet 5 inches high, dark complexion, bow legged, has a scar over his right eye, and has lost two of his upper foreteeth; he has on a country made cotton shirt and nankeen trowsers—he says he belongs to Mr. Priestly Wright, living in Westmoreland county Virginia, near Cole Carter's mill. This owner does not release him he will be sold for his goal fees according to law. James Wilson, Sheriff. September 12. rawf
NEW BOOKS. Just imported in the ship Active, from London, via Philadelphia, and for sale by RAPIE, CONRAD & CO. New-Jersey Avenue, near the capitol, a choice collection of new and valuable books—among which are Bark's works, 8 vols. 8vo. Pratt's Gleanings, 5 vols. 8vo. elegant. Percy's Voyage, 2 vols. 8vo. Mickle's Luciad, 2 vols. 8vo. Link's Travels, 8vo.—Clavigero's Mexico, 2 vols. 4to. Sancho's Letters, 8vo. Memoirs of Pius the 6th, 2 vols. 8vo. Segur's Frederic William and 3 vols. 8vo. Soulaque's Memoirs of Louis 16th, 6 vols. 8vo. Spallanzani's Travels, 4 vols. 8vo. Watson's Philip and 2nd, 3 vols. 8vo. Helen Maria Williams' sketches, 2 vols. 8vo. Gibbon's Roman Empire 12 vols. 8vo. Grandpre's Voyage in the Indian Ocean 2 vols. Memo. of Politianus, 8vo. Rypier's state of Egypt, 8vo. Cavallero's Natural and Experimental Philosophy, a new and valuable work, 4 vols. 8vo. Belsham's Moral Philosophy, 8vo. Payley's (Dr.) Natural Theology, 8vo. Adams on the Microscope, with plates. Brown's Travels into Africa, 4to. Horniman's do. Grant's life of France. Delphine 6 vols. 12mo. War Office 3 vols. 12mo. Microcosm 5 vols. 12mo. The Benevolent Jew, 2 vols. by Geo. Walker. Infidel Father, 3 vols. 12mo. Monk of Madrid 4 vols. 12mo. Lorimon 2 vols. 12mo.—Home 5 vols. 12mo. Romance of the Pyrenees, 4 vols. 12mo. The Savage of Aveyron, 12mo. Tales of Superstition 12mo. Broad Grins, by G. Coleman. Boscowen's Poems, 12mo. Atala—Gloster's Athenaid, 3 vols. 8vo.
In addition to the above they have always on hand a collection of well assorted books on education, science, and amusement, which they will sell at such prices as cannot fail of giving general satisfaction. THOMAS CARPENTER, TAYLOR.
HAS just received an handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and greatest expedition. Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol. Oct. 14. tf
BISCUIT BAKE HOUSE, Near the Sugar House New-Jersey Avenue. THE subscriber has commenced the above business in all its various branches; where merchants or owners of vessels may be supplied on reasonable terms; also private families with the best of Crackers. PETER MILLER. Washington August 19. tf
LOST, A small RED MOROCCO CASE, containing some money, and other articles—whosoever will return the same to this Office shall be rewarded. J. DAWSON.
TO RENT AND immediate possession given, a two story frame HOUSE, in the city of Washington, on sq. 224, opposite to Robert Peacock's cig. factory occupied by doctor Tabbs. Containing 3 rooms and a large pantry on the 1st floor, two on the 2d floor with garret rooms—Piazza and balcony to the fourth front, cellar and dry well, with an excellent garden—kitchen stable and carriage house, with every other convenience fit for the reception of a genteel family—for further particulars, enquire at the store of Mr. Xampi a few doors east of Rhodes's tavern, north E street. October 19. tf
A Valuable Purchase. To be sold by private contract, on an unusual long credit, a part of the valuable estate, belonging to ANTHONY ADDISON, esq. called Chichester with addition, lying on the Waters of the Eastern Branch, immediately opposite the city of Washington. It extends from below the Navy Yard up to within a few yards of the foot of the bridge, and has on it the ferry over the Branch, commonly called Napiers, or Dyer's Ferry. The estate is divided into lots for the accommodation of purchasers, a correct plat of which is in the hands of capt. M'Carthy of Blue plains opposite Alexandria. Capt. M'Carthy may be spoken with at the bank of Columbia on every Thursday. October 19. spaw
NOTICE. GENTLE Boarding and Lodging for Members of Congress on Thirteenth Street, within fifty or sixty yards of the Pennsylvania Avenue, where ten or twelve Gentlemen may be accommodated on moderate terms by the Subscriber. SAM. SPEAKE. Oct. 14. 2w
Lots for sale. IN eligible situations, and upon very advantageous terms—A plan of the several squares in which they are contained may be seen and terms thereon applying to. ROBERT W. PEACOCK. Attorney at law and conveyancer.
To be Lett AND entered upon immediately, No. 9 street north. A complete well finished two story DWELLING HOUSE, containing on the lower floor a passage and two parlours with complete closets, three chambers, garret, good cellar and kitchen—garden lot and stable. For terms apply to Mr. Way, at his Printing Office adjoining the premises, or to JOHN BARNES, George Town, October 19. 3t
FOR SALE. A Healthy NEGRO man well acquainted with the business of a plantation—for terms apply to the subscriber living near Bladensburg. MARGARET ADAMS. October 21. 3t
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIA. HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cassimeres, Silk florimé, Black and fancy silk molekin velvet, white & figured Marcellus, Swandowns, Toilingnettes, Velveteens, Fancy cords, Coating, &c. With a variety of other articles suitable for the winter season. N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion. New-Jersey Avenue, the second House from the Capitol Square. December 2, 1803.
COLUMBIAN INN. GEORGE TOWN. THE Subscriber begs leave to solicit the patronage of his former friends and customers, and informs them he still continues at the Columbian Inn—where he will be happy to have it in his power to accommodate them as usual. JOHN H. BARNEY. September 21. epj
I WILL sell five hundred and fifty acres of Land whereon I live, in Fairfax county, within five miles of the court house, and within twenty of the City of Washington, Alexandria, Dumfries, and twelve of the Occoquan mills, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, there is a great proportion of white and red oak, poplar and hickory timber—There is nearly one hundred acres of prime land for meadow. I will give six months credit for one fourth of the purchase money—twelve months for the other quarter, eighteen for the third, and two years for the last payment, a purchaser will find me on the premises. THOS. POLLARD. Feb. 21st. ep
All persons having claims or demands of any nature against the subscriber are requested to exhibit their accounts, without delay, to JOHN HEWIT or MICHAEL FORREST, Esqrs. of the city of Washington, who are authorised, in my name, to adjust and settle the same, and all persons indebted to me are requested to make payment to either of the gentlemen above named. SAMUEL BLOGET. March 30. tf
LOST CERTIFICATE. NOTICE is hereby given that application is made at the Treasury of the the United States, for a new certificate in the lieu of No. 14,307 for 3,836 Dolls. 88 Cents, of three per cent. stock, standing in the names of the Treasury U.S. in the name of Hugh Percy duke of Northumberland, which certificate was forwarded by the Lady Hobart, British packet in June last, and lost in the mail. JOHN COLES. New London, Sept. 14, 1803 6w.
FOR SALE. THE Plantation, on which I live, containing about 600 acres of valuable and. 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 lodging 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 timbered, and the residue arable and meadow land, of the latter, there are about 50 or 60 acres under the scythe 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. epf
NOTICE. GENTLE Boarding and Lodging for Members of Congress on Thirteenth Street, within fifty or sixty yards of the Pennsylvania Avenue, where ten or twelve Gentlemen may be accommodated on moderate terms by the Subscriber. SAM. SPEAKE. Oct. 14. 2w
Lots for sale. IN eligible situations, and upon very advantageous terms—A plan of the several squares in which they are contained may be seen and terms thereon applying to. ROBERT W. PEACOCK. Attorney at law and conveyancer.