The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-02-15 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1145.
FIVE DOLLARS PER ANNUM,
MONDAY, FEBRUARY 15, 1808.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE.
On the Resolution for requesting the President to cause an enquiry to be made into the conduct of General Wilkinson.
(CONTINUED.)
WEDNESDAY, JAN. 18.
Mr. ALSTON said it would be recollected by the House, that he had for some time taken no kind of notice of what had fallen from the gentleman from Kentucky (Mr. Rowan) considering every thing which had fallen from him as the echo of others. He should not now have condescended to notice him but for his personal attack upon him last evening, which Mr. A. said he had attempted to repel in the way it merited. He had no objection to join issue with the gentleman, and never regard what he might hereafter say.
Mr. LOYE. Being led back to the consideration of the original resolution of the gentleman from Virginia, the constitutional objection to the measure fully recurs. He had yielded, Mr. L. said, to the opinion that the modification given to the resolution of the gentleman from Kentucky (Mr. Rowan) had exempted it from the constitutional objection, by making it possible that the matter of it might, in some of its parts, lead to subjects within the cognizance of the House. Perhaps he had the more easily given way to this opinion, from the great anxiety he felt to satisfy the public mind, by giving the utmost range to enquiry; at least the reference of it to a committee would be attended with the single and less dangerous objection, the exercise of a power which did not belong to them, but which they had already assumed, by agreeing that the House should receive information; if this was wrong, it respected themselves only, and he for the reasons he had stated was reconciled to it, in the form it had been moulded into; in that form it did not invade the province of any other department of government, and embracing as it did objects of legislative investigation, it could at worst be only an unnecessary and inexpedient step. But however satisfied he might have been on the constitutional ground, of the right of Congress to entertain the question of commitment to members of their own body, as it respected the resolution just withdrawn, he confessed he was opposed to it as inexpedient and prepared to vote in favor of the motion to strike out that part of the resolution which contemplated the commitment to a special committee; because he was perfectly well satisfied from what he saw, that the reference would be extremely impolitic, perhaps of very dangerous consequence. This conviction had been wrought and confirmed in his mind by the speech of the gentleman from Kentucky in support of his proposition of reference. With the powers contended for, and the character which has been attributed to the spirit of such a committee, it would certainly be the most odious, and perhaps the most really terrific tribunal ever erected in the world: But to the resolution, to which their attention was now recalled, the objections appeared in a two fold view: It was inexpedient in forming a precedent, which on some future occasion, might be used to disgrace the nation, by converting its House of representatives into a vehicle of slander, and the hall of the national councils into a scene of intrigue, and a theatre of faction and cabal; unconstitutional, because it required of another department of our government to do an act on a subject exclusively confided to it, which a law of our own making has already recognized to be delegated solely to it, and thus in direct violation of the principles acknowledged by the ablest civilians who have written on the subject, authorizing the encroachment of one branch of the government on the proper powers of another. On this subject, Mr. L. said, other gentlemen and himself, on a former day, had said enough. He would add but one or two observations: It seemed to him that the provisions of the constitution could not be mistaken; strong arguments were derived in support of his opinion, even from the expressions of the federal instrument; it gave in
express terms to the House of Representatives, the right of instituting the trial by impeachment of the civil officers of government, without including those of a military description. The omission could but have been a purpose done; the framers of the constitution having been certainly led to a consideration of the whole subject. The tenure by which military officers held their commissions, proves the futility of the supposition that this House could ever have been intended to interfere with their conduct, and that a responsibility as to them must necessarily rest on another department. The power of the President over military officers is as full at least, and much more efficient, and prompt in execution, than the power of the legislature over civil officers by the mode of impeachment. This is a construction too obvious to be gotten over by any acknowledged rules or principles. It was true, said Mr. L. a gentleman from Vermont (Mr. Elliot) a few days ago, in discussing this subject, assumed a position of the following description: "That although the power to act on this subject is not delegated by the constitution, yet if it is not denied to the government or expressly reserved to the states, we have it," and in conformity to this doctrine, of which, indeed, much had been said in former times, the construction by implication, and incidental power, was strongly insisted on; but what was, indeed, more calculated to excite his surprise, he afterwards found the author of the resolution himself arguing in support of the same positions; an argument which, Mr. L. said, seemed so directly contradictory, and in such obvious hostility to that so ably and eloquently urged by the same gentleman but a few weeks since in defence of the reserved powers of the people and the states that indeed it had excited his astonishment. Such is the state of hostility in which the different positions are arrayed, that even the superior ingenuity of the gentleman from Virginia he would defy to reconcile them.
But said Mr. L. if the expressions, and acknowledged principles of construction, which he supposed to be perfectly settled at this day, were not decisive, let us look back to the experience of the world, with respect to all the governments which have ever existed, and see what must have been the intention of the wise framers of the federal constitution, in the very special delineation they have made of the different powers of the three great branches of our government; it would not be too much to say, that the destruction of every system or plan of government, which ever had a pretension to the security of the liberty of the people, as one of its ingredients, had been lost, or its termination hastened by an union of all the great powers in the hands of one body; it was to the retrospect, of this prominent historical illustration, that the framers of our constitution could not but have had their attention most forcibly drawn. They knew well the tumults, and continued scenes of disorder which Rome in her best days had been subjected to, from the entire want of any thing like an organization of the distinct powers of a state in different and distinct branches; by the undistinguishing use of all the great powers of the state, at different times, the consular power, the power of the tribunes, the power of the senate, and the other favorite great depositories of the strength of the people, exercised each in their turn, and sometimes several at the same period, all the legislative, executive, and judicial functions of government. They were each, the makers, the judges, and the executioners of the law; the life of every citizen and every soldier, was in the hands of each of those bodies, and the one which happened to be most strongly supported, exercised its power to the annihilation of the others, and the utter destruction of the peace and safety of the state. To England too, the framers of our constitution might have turned their eyes, for many of the examples of the dreadful evils which arise from the assumption of all the powers of government, by one branch of it. It was to avoid these evils, and ensure a permanency to our institution, which nothing should impair, that the distributions of power were made, and it is with a view to those dreadful examples, that we are
now called on to preserve the sacred spirit of our institution, and to discountenance this most direct attack made on the principles which are to sustain us. Let not this House be betrayed into error, which hereafter may be found irremediable, by the apparent innocence of the simple language of request, and by the author of the resolution. The power to request, is an assumption of a right of interference which may at a future time be used, to support a demand; it will form a precedent we may at a future time wish to get clear off, when we have it not in our power. If we have cognizance of the subject, and really think we are called on by our duty to exercise it, why use the humble language of request, why not in the manly tone of the representatives of the nation, demand that a certain thing be done, which is said to be necessary.
But, said Mr. L. for what purpose, is this resolution still pressed on us? It cannot be for the direct purpose of having the terms of it complied with, that is already done; there is no man on this floor who doubts, or pretends to doubt it; but indeed some have said that we are not officially informed of it; can this make a difference when the fact is as well ascertained as if indeed the President had gone so far out of the line of his duty as to tell us of his having ordered a court of enquiry on an officer of the army at his own request; we cannot then expect an official communication; would our request or demand, give more effect to the enquiries of such court; no, this cannot be pretended, it sits under a law already in existence, and its powers are clearly marked out, as those of any other tribunal Congress has erected for the administration of justice. Had the President given us information that this court of enquiry was now sitting, what should we have said? He could have had no official information of what we are doing, and it certainly would have been considered, as a very improper intrusion into the public councils, and it would have been at once declared that it was an undue attempt to govern our decisions.
Well, as we know that this court is now sitting, if indeed our wishes are to ease the public mind, wherefore object to the immediate transmission of the papers we have, in order to enable that court to pursue its enquiries? There could be no direct object left for the resolution; if a sinister one, it was certainly not the duty of the House to promote it. It was but too obvious there could be but a single object now for pressing the resolution: if it is adopted it will be a means in the hands of the enemies of the administration to prove that the Executive had neglected to do a duty until the interference of the legislature compelled it: How gratifying this might be to some gentlemen, it was not for him to say; they had already declared it. But is this doing justice to the public? If the President has neglected a duty, we can act upon him, we cannot compel him to act on others, we ought not to attempt even to influence him to do so: it would be assuming, on ourselves the responsibility due from him; if he does wrong impeach him; let not gentlemen if they really believe their country injured by the conduct of the Executive, be ashamed or afraid to speak in the language of the constitution: to request him to do a thing which pertains to him as a part of his duty, is in express terms a charge of having neglected his duty: if such is really the case, let him account for it. But the question is at present a different one. The course for us to pursue in the discharge of our duty is a clear one, which cannot be mistaken; let us give all the effect in our power to the enquiry, by making an immediate transmission of the papers and information we have to the President, in order that it may be laid before the proper court. This would be the way to satisfy the public mind, and not employ ourselves here in making an empty sound of charges, which we have neither the power to prosecute or punish: Whether he was of opinion with the gentleman from Kentucky (Mr. Rowan) that the accused is guilty, or whether he was of a contrary opinion, was to the public of but little moment: our opinions are on this subject but the opinions of individuals, they never can be more; his accusa-
tion has afforded an opportunity for the display of the powers of a warm fancy, how far it has operated on the judgment, or produced a conviction on the mind, justice to the public and the accused, both seem to forbid a declaration. Mr. L. repeated that he only wished such measures should be pursued, as would most effectually promote a proper enquiry, and satisfy the public mind; and would therefore when a proper opportunity offered, move a resolution which he thought would best answer the purpose.
Mr. BEE. After the very tedious discussion you have heard I should be unmindful of the feelings of the House, were I to detain them long. But, having listened patiently to the arguments of others, I feel my right to claim their attention for a few moments while I express the reasons which will induce me to give an affirmative vote, and shall endeavor to remove the constitutional objections which have been urged against the resolution. I regret extremely that the opposition should have come from the quarter it has, because it will have a tendency to confirm the suspicions entertained against General Wilkinson, and to countenance the insinuation that the administration are disposed to prevent a fair and impartial investigation, fearful his guilt might be exposed. If I were so uncharitable as to suspect the purity of the motives of those who differ in opinion with me upon this occasion, I should rejoice at the decision it is feared they are about to make. But confiding as I do in the integrity and patriotism of those who now administer the government of my country and of the opponents to the present motion, I shall lament a decision which will afford a pretext for inuendo—for attributing to them motives the most unworthy and detestable.
What is the proposition before the House? Is it to punish an innocent man without a trial? Or to hold up unnecessarily and improperly to public suspicion the character of an individual to gratify private resentments? Or is it to assume powers which are withheld from us by the constitution of the United States? No such objects are contemplated. A gentleman from Virginia having received information that the commander of your army had been guilty of treachery to his country in becoming a pensioner of Spain, deemed it his duty to communicate it to this House, whose province it is to raise and support armies and to provide for the common defence and general welfare of the nation. Having done so, he has offered a resolution, couched in respectful language, requesting the President to institute an enquiry for the purpose of ascertaining the innocence or guilt of the accused. Is there any thing unfair or unjust in this proceeding? Surely not. It is in my opinion the very course which our duty as guardians of the national security and justice to General Wilkinson, commands us to pursue. If the gentleman from Virginia after communicating the information, had evinced an inclination to stop further investigation he might with some propriety have been charged with cruel injustice; but under the existing circumstances I cannot perceive the grounds for such a charge.
The very course is pointed out which innocence would desire and by which guilt may be exposed. Now reject the motion and what impression will be made upon the public mind? Will it be favorable to the accused, honorable to this House, or satisfactory to the nation? I fear it will not.
We are told that if the resolution is adopted we determine the guilt of General Wilkinson. How such an inference can be drawn it is difficult to perceive. Every gentleman who has spoken upon the subject, admitted that there were grounds for suspicion, and that further enquiry was indispensable. What does the motion propose? Simply to petition the proper authority to enquire; and cannot possibly imply a conviction of guilt. It is objected however that this House does not possess the constitutional power which they are called upon to exercise.
I understand the resolution to be nothing more than a petition to the Executive. I ask then whether by the constitution of the United States every citizen is not invested with the right to petition any department of this government? Sir, every man in
the nation, however mean his rank or abject his condition, and every lawful assemblage of men, hold this constitutional privilege, of which they cannot be deprived. And are we the representatives of the people to be excluded from those important rights with which as citizens and freemen we are invested by the constitution of our country? No. If holding a seat in this House divests me of the most valuable privileges, I am ready to resign it, and will again occupy the honorable station of a citizen. But an additional right to pass the resolution is given us by another provision of the constitution. It is made the duty of the President to communicate to Congress from time to time such information on the state of the union as may be deemed necessary and proper. Why was this duty assigned to the President? Certainly that Congress might know where to resort for information to direct their legislative proceedings, & because from the nature of his other duties he must be better informed generally upon the affairs of the nation, than they could be. At the commencement of every session the President in compliance with his duty communicates such information as he thinks necessary; but it cannot be expected that he can foresee the various subjects which may occupy the attention of the legislature, and upon which they may want information; and shall it not be asked for when it is wanted? If it be his duty to communicate it from time to time, we must have the right to ask for it, whenever we cannot act without it. Such is our present situation; we are called upon to add to our military establishment, for which purpose a bill is already introduced. I should probably vote for it, if I were certain that the suspicions entertained against a portion of the army were groundless. But this is a matter of doubt and uncertainty. It is now proposed to request the President to institute an enquiry, that we may be informed whether an addition to the army can be safely made or not. Until such enquiry is made, and such information is received, I cannot act in a way satisfactory to myself.
Thus I derive the authority to adopt the resolution before you, from the undoubted right to petition and from the indispensable power of this House to ask for information with a view to the direction of their legislative conduct.
In times of danger and alarm like the present, it cannot be expected that the Representatives of the people will consent to commit the interests and safety of their country to those, in whose fidelity and patriotism they have not the most perfect confidence. And until my doubts are removed I shall withhold my assent from adding a single man to our army. However critical our situation, whatever dangers may surround us, I will trust the defence of the nation to the militia alone.
Mr. SLOAN. So much time has been spent on this subject, that I should not now have risen had it not been to notice the ingenious turn my friend from Georgia has given to this on the ground of its being a petition to the President of the U. States. I shall just observe that I do not remember that upon any subject there has been so many attempts to give such different turns and dress to the matter under consideration; for what purpose I do not say. All I do say, is, that I hope no ingenuity or change of dress, will induce a large majority of the House to swerve from their duty; I hope we shall do nothing further than transmit the papers without other weight or observation to the Executive. From the present state of my feelings, I shall give my vote so far but not one title further.
Mr. HOLLAND. The gentleman last up but one, has told us that good grounds are pointed out on which the guilt or innocence of Gen. Wilkinson could be established, and from this has deduced an argument that we ought to instruct the President in his duty. Immediately after he adduced the right of petition in favor of adopting the resolution. Is this House reduced to the humble situation of being mere petitioners to the Executive to do his duty or grant us our right? That consideration alone would induce me to oppose the measure. This House has rights and

should demand not petition for them; the constitution never contemplated that this body should petition. I feel myself placed in a dignified situation and never will consent to such an abasement.
We have, however, arrived at the point when it is acknowledged that this principle is not recognized by the constitution of the country. This proposition is the same in effect, though not in the same plain language as that offered by the gentleman from Kentucky, & which has been withdrawn to make way for this, in return for which the gentleman from Virginia (Mr. Randolph) has declared the arguments of the gentleman from Kentucky (Mr. Rowan) to be unanswerable. This resolution is the same in substance, asking the President to do a thing which we have not a right to demand. This is the substance of the argument just delivered in favor of it. I am informed the Senate is trying one of its members: suppose we enter into a resolution to enquire into the conduct of the same person. Would it not in us be an act of supererogation? We are informed from good authority that this work is going on, that gen. W. is on his trial, that the proper department is going on with this business. How then can we take it up?
This proposition means something that cannot be acknowledged, that will not bear the light of day: and therefore I am opposed to this resolution and all such.
MR. LIVERMORE said the resolution in its present form was considerably varied from what it was yesterday; he should briefly make a few observations on the subject.
There had been information given to the House of something which looked like a conspiracy against the government; and also of something which looked like bribery. Without entering into an investigation or analysis of the evidence, it was such as to induce the House to say that any person guilty of the crimes alleged by it to have been committed, was unfit for an officer of the United States. The proposition now under consideration was simply to enquire, or, in other words, that the President of the United States be requested to enquire into the conduct of this officer. This at first view certainly did not strike his mind as being worthy of so much consideration whether or not it should be adopted; he could not have conceived it possible that there should be any discussion on it.
It had been said by some gentlemen opposed to it, that the evidence ought to be transmitted to the President of the U. States; they could see no objection to that. But what could be understood by transmitting it? Why send it to the President of the United States? If it were improper to make the request, why trouble the Executive, with information on the subject? If it were proper to transmit the evidence, why scruple to make the request?
Gentlemen had objected to it on constitutional grounds; for his own part he should be one of the last to wish to pass any resolution or do any act contrary to the constitution; and should also be one of the last to do any thing which looked like an assumption of powers not delegated to the House. But in every shape in which he could view the matter, there was not the least cause for an apprehension of this kind, and he should endeavour to consider the matter as briefly as possible.
It had been said that the constitution did not delegate the power to do this thing. This is very true, said he; the constitution does not expressly delegate any such power if we adhere to the letter of this instrument. But it must be considered that there are powers vested in this House which are not expressly given. I would not wish to extend the powers of this House by implication, to do a material injury to the person or property of any one, to destroy the trial by jury, or to infringe the province of any branch of the legislature, or the powers of the Executive. Indeed it would in my opinion be too absurd to be attempted in any case. This is not however contemplated by the present proposition. If it were a proposition to do an injury, my mind would revolt at the idea; but if it be nothing more than what is necessary and proper, where can be the objection to it, or where does the constitution deny the exercise of the right. Gentlemen ask, where does the constitution give the power? I will answer that it grows out of our constitution which was founded in the wisdom of our statesmen. This House is the branch of the legislature considered as more particularly composed of the representatives of the people; it is our bounden duty to watch over the interests of the United States; when an injury is done to the nation and not checked by the proper authority, it is our duty to enquire and give information. To say therefore that because this power is not expressly given, we shall not exercise it, does
not appear to me to be a very potent argument. Perhaps if this request went to injure an individual, or to deprive him of his rights, there might be some justice in the observation. But after the evidence which had been given to this House for several days past, an enquiry ought to be made by the President; and if General Wilkinson is not a man of integrity, he ought to be removed.
It was said that an enquiry is instituted. This enquiry does not go to the extent which is contemplated by this resolution. It is a fact that this court has not the power of compelling the attendance of witnesses or the production of papers from a distance which another court might do. It is not such a court as this that the President is requested to institute. If the President were to find from satisfactory evidence, such as has been given, that gen. W. is guilty he will remove him from office; he may go further and order a prosecution against him in the proper district. Whether he should do one or both is not now necessary to decide. All I understand the resolution to ask is that he will make proper enquiry into the conduct of gen. W.—whether by a particular court, particular officers or particular committee, whether he may see cause to call this officer before him, and give him an opportunity of defending himself, it is not necessary now to determine or enquire. But in all this I cannot see any offence given to the President or any declaration that there is any matter which he ought to have enquired into, but which he has not. I have not seen any cause for the alarm or declamation visible and audible for several days past. The proposition appears to be reasonable, & supported by the constitution as nothing contained in that instrument forbids it, and to contemplate no injurious exercise of power against the person or property of any individual whatever. Can any gentleman say how this can injure any particular citizen? If he be guilty it will be ascertained, if innocent, his innocence will be confirmed—his character may be cleared up and all stains wiped away. For my part I cannot see why all this zeal against an enquiry of this nature, or why the constitution should be held up to discussion, when the simple question is merely whether the President shall be requested to enquire into this business. There is something in it which I cannot fathom. I have revolved it in my mind in every possible shape, and cannot see any ground for the excitement of these feelings or apprehensions; or that the constitution will be destroyed by a simple request by the House of representatives to the President of the U. States, to enquire into certain evidence which has come within our knowledge.
(To be continued.)
THURSDAY, FEBRUARY 11.
Mr. Newton presented a memorial from the inhabitants of Norfolk and its vicinity, praying for a grant of twenty-five or thirty thousand dollars to complete a canal connecting the waters of Albemarle Sound in N. C. with those of Elizabeth river, Va. Referred to the committee of Commerce and Manufactures.
Mr. Newton said it had become necessary to call the attention of the House to the act laying the embargo, the restrictions of which were not yet sufficiently strong; and it was necessary in order to have effectual laws that all cases arising under them should be provided for. Those states in the neighbourhood of foreign states had taken advantage of the provision excepting vessels of five tons burthen from the general restriction. To provide against cases of that description and some others he moved the following resolution, in order that the operations of the law should be equalized:
Resolved, That the committee of Commerce and Manufactures be instructed to enquire whether any, and if any, what further restrictions in addition to those already imposed by the act laying an embargo on all ships and vessels in the ports and harbors of the United States, and by the act supplementary to the last mentioned act, are necessary to prevent the exportation of goods, wares and merchandise of foreign or domestic growth or manufacture to any foreign port or place, and that they have leave to report by bill or otherwise.
On this resolution a desultory conversation took place between Messrs. Witherell, Newton, Dana and Fisk, in which however no objection was made to the resolution. It was stated that foreign vessels were not by law inhibited from going from port to port in the United States with the products of our country; & may go to Pasaquoddy from any southern port in the United States, and thence transport their cargoes across the bay by means of boats under five tons burthen; and thus foreigners may enjoy the benefit of that traffic from which citizens of the U. States are precluded: that the citizens of Vermont and other northern states also enjoy
the benefits of trade by means of these boats across lakes Champlain, Erie, &c. and that the embargo thus operates as a mean of fourfold profit to some while it denies the common intercourse of commerce to others.
The resolution was adopted without objection; and Mr. Newton, from the committee of Commerce and Manufactures, reported the bill to amend an act entitled "An act supplementary to an act entitled an act laying an embargo on all ships and vessels in the ports and harbors of the U. States;" which was twice read and referred to a committee of the whole on Saturday.
On motion of Mr. J. Montgomery, the committee of the whole was discharged from the consideration of the bill concerning courts martial and courts of enquiry, as some parts of it had been thought exceptionable; and it was re-committed to the committee who reported it, 63 to 17.
Mr. Bacon presented the petition of Timothy Wellman of Salem, Mass. praying the payment of two-thirds of the amount of certain bills drawn in favor of Denton, Hall and Nathan, by the minister plenipotentiary of the U. S. to France, which was referred to the Secretary of the Treasury.
Mr. Burrwell called up his resolution offered a few days ago relative to the procuring certain arms. He wished it to be referred to the committee who might bring in a bill, which might pass or not as the sense of the House might then be.
The House agreed to consider the resolution, Ayes 63; and it was then passed without a division.
On motion of Mr. Poindexter, Resolved, That the committee on Public Lands be instructed to enquire into the expediency of offering for sale the lands lately ceded to the U. States by the Choctaw nation of Indians, in the manner in which the other lands of the United States south of the state of Tennessee, are directed to be sold, and that they report thereon by bill or otherwise.
The House again went into a committee of the whole, Mr. Curris in the chair, on the bill to extinguish the debts due from the United States. The motion to strike out the first section, being yet under consideration, Messrs. Cook, Upham, Johnston, Dana, Rowan, and Milnor opposed the motion, and Messrs. Rhea (T.) and Taylor supported it. When
Mr. Fisk moved that the committee rise and ask leave to sit again.
Mr. Dawson said that early in the session the President had invited their attention to the great subject of national defence. Have we, said he, attended to that invitation? No; we have met here day after day, week after week, discussing subjects which relate to our internal affairs. I hope a great majority of the House are prepared to say that we shall get rid of this subject which has been discussed over and over again, and on which each speech that is made is a repetition of what has gone before, and prepare for events which may arise. I hope the committee will not rise.
Mr. Newton held the same opinion as the gentleman just sate down, but should vote for the rising of the committee that the subject might be postponed for a few weeks.
Mr. Lyon hoped that the subject would not be postponed as proposed by the gentleman last up; for after the discussion which had taken place during these two days, every gentleman was now prepared to vote on the principle.
The committee then rose, 46 to 39, & obtained leave to sit again, Ayes 65.
Mr. Newton was far from averse to satisfying all just claims on the nation; but, when they viewed the situation of the country, the alarming crisis which now prevailed gentlemen would think with him that all the energies of the nation should be exerted to place it in the best possible situation to meet events. Conceivable that it was his duty to attend to this object, he moved to postpone the further consideration of the bill till the first Monday in March.
Mr. Cook said when he had called up this, he had believed that there was a temporary suspension of urgent public business, and he had never been inclined to push this on to the exclusion of other matter of more importance, nor ever would. He hoped the gentleman would withdraw his motion.
A motion to adjourn was now made, and carried 47 to 44.
A meeting of the commissioners appointed by act of Congress, entitled "An Act authorizing the erection of a bridge over the river Potomac within the District of Columbia," is requested at 12 o'clock, at Stelle's hotel, on Wednesday next, the 17th instant.
Washington, 13th February, 1808.
ST. ANDREW'S SOCIETY. A stated meeting of the Society will be held at the house of Wm. RAITIRIE, George-town, on Friday next the 19th instant; of which the members will please take notice.
JOHN MURDOCH, Sec'ty. February 15—2p
WASHINGTON CITY.
MONDAY, FEBRUARY 15.
THE following interesting STATEMENT is given in a late English Print:
"Official value of the Imports and Exports for 1805."
   IMPORTS. EXPORTS.   BRITISH. FOREIGN. TOTAL.     Denmark 1,071,579 2,535,569 2,636,497 5,172,066   Russia 2,527,078 1,101,914 544,561 1,646,475   Sweden 269,161 42,099 117,498 159,597   Poland 429,450 35,370 45,130 80,500   Prussia 1,790,781 2,456,728 3,063,344 5,520,072   Germany 319,444 708,361 1,472,423 2,180,784   Holland 726,264 153,711 265,090 418,801   Flanders 3,070 23,343 23,343   France 469,820 199 352 551   Portugal and Madeira 936,500 1,271,239 124,575 1,495,814   Spain and Canaries 916,165 29,769 81,611 111,380   Streights and Gibraltar 42,919 143,110 40,713 183,823   Italy 393,517 404,339 103,196 507,535   Malta 9,304 117,943 9,571 127,514   Turkey 103,590 97,095 38,315 135,410   Ireland 3,010,609 2,482,633 1,276,340 3,758,972   Isle of Man 21,697 34,238 28,193 62,431   Guernsey, &c. 81,241 161,573 36,751 198,324   Greenland 261,086 952 952   Total of Europe 13,383,275 21,784,345   Asia 6,072,160 1,442,753 195,847 1,638,600   New Holland 153 25,828 4,815 30,643   Africa 105,971 542,778 438,011 980,789   Cape 5   Sierra Leone 867 8,095 2,567 10,660   America 9,615,161 11,208,986 954,931 12,163,917   29,177,592 25,004,308 36,008,954  
On this statement the Morning Chronicle offers the following remarks:
"This is not an account that need to be concealed; for if it be true, as it appears, that the office value of our exports exceeded that of our imports above six millions, it is a serious consideration whether we should, by restraints and difficulties, endanger the loss of a commerce so beneficial to us. We are far from putting the advantage, great as it is, in competition with our independence as a people, as all our sheets will witness for us; but the argument, even of our adversary, serves to prove that it is only Great Britain herself that can extinguish the trade of the world."
"But it is said, that ministers have at length determined to do what Napoleon has tried at in vain. A proclamation is actually prepared, and is to be fulminated from that great cannon, the Gazette, next Saturday, by which we suppose, the whole of that part of the earth which belongs to the enemy, is to be put in a state of blockade. And we are to prevent the winds of heaven from blowing towards the continent of Europe! The attempts is worthy the sagacity of his majesty's ministers. Bonaparte aimed only to deprive us of half of our trade, for his edicts, even if executed, went no further, but the king's ministers have a greater ambition, "their mighty souls have stomachs for it all."
"Amount of Exports to countries of which the Emperor of the French would deprive us if he could:—Denmark 5,172,000, Russia 1,640,000, Sweden 159,000, Poland 80,000, Prussia 5,520,000, Germany 2,180,000, Holland 418,000, Portugal 1,395,000, Spain 111,000, Italy 500,000, Turkey 135,000—Total 17,310,000."
This statement is interesting to the American reader, as furnishing the materials for a comparative view of the commerce of England and the United States. The whole British imports amount only to twenty-nine millions sterling, or one hundred and twenty-six millions of dollars, while the imports of this country amount to about one hundred and ten millions. On the other hand the British exports of domestic productions amount to one hundred and ten millions of dollars, while ours amount to forty-four millions; and her exports of foreign productions amount to about fifty millions of dollars, while ours amount to sixty millions. It further appears that her collective trade of exports and imports amounts to two hundred and ninety millions of dollars, while our collective trade amounts to two hundred and fourteen millions.
It is but a few years since this country was looked upon with contempt. The sentiment was avowed that we had reached the acme of our greatness, and that we would soon go down hill faster than we rose. Nothing can more completely falsify this prejudiced prediction than this statement; & it is probable that the same causes which forced the British government to appreciate its importance likewise opened their eyes to a view of the ascendant maritime greatness to which we were destined to reach, if not impeded in our course. A nation that quadrupled her trade in a period of ten years, and approached in its extent so near the greatest commercial nation in the world, might well awaken her fears lest she herself should soon be overtaken and be finally outdone.
It is to this circumstance, probably, more than to all others combined, that we are to ascribe the hostility of Britain; and it is but too likely that, whatever temporary arrangements might be made, a pretext would still not be wanting for checking the natural progress of our trade. It has heretofore been the invariable effect of an active rivalry for trade to embroil the nations carrying it on, and it is consequently to be feared that so long as we aim at being a great commercial nation we shall be at constant variance with our rivals.
It is true that if Britain were as regardful of her interest as she ought to be, she ought to be the last power in existence to disturb the existing relations between the U. States and herself. For it will be seen by the foregoing statement, that of the balance of six millions sterling of her exports over her imports, she owes two millions and a half to her trade with America. Independently then of the effects of a suspended commercial intercourse between the two countries upon her manufactures and colonies, it will deprive her of a clear balance of above eleven millions of dollars, which is not far short of one half of the whole balance of trade in her favor, to which, probably, more than to any other circumstance, she owes her prosperity.
Selem, February 6.
The following agreeable Intelligence was received here last night, by the ship Packet, from Malaga.
PEACE WITH ALGIERS.
(CIRCULAR.)
Algiers, December 16, 1807.
Sir—You have undoubtedly before this heard that three American vessels had been detained by a frigate of this place, in consequence of the annuities for two years past not having been paid by the U. States in naval stores, as stipulated by treaty, notwithstanding the amount thereof has been repeatedly offered in cash.
These vessels are the ship Eagle, of New York, Nathaniel Thader, master; brig Violet, of Boston, James Merrett, master; sch. Mary-Ann, of N. York, Sheffield, master.
The people on board the vessels have been treated very well, and no pillage of any kind has been committed.
I have now the honor to inform you that I have adjusted this business
with the Dey, who has received the amount of two years annuities due in cash, and the vessels are liberated; and that our commerce will receive no further molestations from the cruisers of this Regency.
I pray you will have the goodness to give this as much publicity as possible, for the benefits of all concerned.
I have the honor to be, sir, yours, &c. TOBIAS LEAR.
December 17, 1807.
P. S. We have this moment heard by an arrival from Leghorn, that the sch. before mentioned has arrived in Naples, having been retaken by the captain & part of the crew left on board, who threw overboard four of the captors, and put four others in the boat to shift for themselves.
I have myself received no advice of this, and on application to the Dey, who first sent me the information, he assures me that it shall not alter the arrangement made yesterday, and that our vessels may navigate without

feet or molestation.
At present all their cruisers are in port.
I have the honor to be, &c.
TOBIAS LEAR.
Extract of a letter from an American Vice-Consul in Spain, dated Oct. 12.
"Without any of your esteemed favors, the purpose of the present is to inform you, that a large frigate, a brig and seven smaller vessels like bombketches, all Algerines, armed in war, have appeared off this coast, a few days since, and continue cruising between Adra and the Cape. They have, as reported here, already picked up some small vessels under Portuguese, Sardinian, and Jerusalem colors, and sent them for Oran and Algiers. The frigate is the one they have taken some time ago from the Portuguese."
It gives us pleasure to state that definitive arrangements have been made for the execution of that part of the treaty with Tripoli that relates to the Ex-Bashaw. His family have been liberated, and sailed from Tripoli on the 13th of October, carrying with them their property, their slaves, and a present from the reigning to the exiled brother.
Charleston, January 29.
We are authorised to state, for the information of the citizens, that the city council have resolved to take measures for the employment and subsistence of those seamen who are in distressed circumstances in consequence of the embargo—and that that body is now occupied in finding out the best means to carry into effect their resolution on that subject.
The following article is taken from a late number of the Paris Argus, and shows the right in which the conduct of the British government is there viewed.
PARIS, November 10, 1807.
The London papers of the 27th Oct. repeat those ridiculous rumors which have been spread in America by their correspondents, for the purpose of relaxing in that country the national enthusiasm and the indignation generally felt against the maritime despotism of England. However, as we said in our last number, the Americans cannot be mistaken in the secret motives of these miserable devices. They are only a repetition of the political tales given out in 1799. The authors have merely changed the names of prince Adolphus and Mr. Adams. But at this day, as was the case at that time, the security of the U. States cannot be alarmed at such manoeuvres any more than their policy ought to be changed by them.
The same English newspapers, having nothing satisfactory to relate respecting continental affairs, repeat with affectation the trial of an unfortunate sailor seized on board the Chesapeake, tried before a court martial at Halifax, found to be an Englishman and condemned as such to be hanged. The ministerial writers pretend to see in this trial a kind of justification for the atrocious violence exercised by the captain of the Leopard against the Chesapeake. But in the opinion of every impartial man and according to the morality of all nations, that aggression is not the less a scandalous violation of the sacred rights of the independence of the United States. Whether or not there were English deserters on board the Chesapeake; whether the captain had received them knowing or being ignorant that they were so, it by no means attenuates the grievousness of the injury done to the American flag. The question is, whether an independent power must suffer the English officers to exercise under this pretext, the right of visiting her men of war, and whether the captains of the latter have only to choose between destruction and infamy.—His Britannic Majesty always speaks of the necessity of taking their deserters wherever they are to be found; but the continental powers might alledge the same right to claim the soldiers who pass from their service to that of another. In this respect the principles are the same. When deserters fall again into the power of the state which they have quitted, they suffer the punishment due to their crime; but we do not see their government going to wrest them by force from the foreign regiment in which they have taken refuge. Their desertion is a particular accident, which their country does not revenge by so grievous an injury to the independence of a nation. Principles so evidently true upon the Continent, cannot cease to be so upon the ocean. It is of little moment to know whether the captain of the Leopard had reason to think that there were English deserters on board the Chesapeake; but it is of the greatest interest for all nations, to know whether he had a right to enforce the restitution of them by the atrocious means which he made use of. Now, this is what England will not find either in the laws of any nation or in her own maritime code, however exclusive, and however tyrannical it may be in other re-
spects. Never was it thought that a man of war was liable to this submission. The United States enjoyed in this respect the common right. Their jurisdiction over their land and sea forces was as full and as independent as that of any other power. Were it otherwise, let us only represent to ourselves the consequences of this humiliating submission; a man of war stopped when and were it should please the captains of a miserable English sloop, obliged to lye too at the first requisition, constrained respectfully to admit foreign inspectors on board, to submit to them her muster roll and to let them muster her men! Can any thing be imagined more contrary to order, more subversive of discipline, and more degrading for the dignity of the state submitting to this inquisition? No doubt, an American captain would be very ill received if he should think proper to set up such a pretension in the road of Portsmouth, and to ask, under pretext of seeking for deserters, to search in this manner an English ship. However, his right would be the same as that of the commander of the Leopard. Between two nations, the one which suffer such a degradation is already subject to the other.
However, the declaration of his Britannic Majesty, of the 18th October last, appears to resolve in a peremptory manner the question relative to the visiting of men of war. It authentically disavows the conduct of the captain of the Leopard. But it will be observed that it says nothing of the right which the English have arrogated to themselves for some years past, of visiting of merchant ships; a right which is not less derogatory to the dignity of sovereigns, and which is perhaps more detrimental to the prosperity of their subjects. The English government doubtless relinquished the former only to yield to the necessity of the moment. But it still keeps the latter ostensibly proclaimed since it has availed itself of the disputes of the continent to work the destruction of all other navies. If it is a right of superiority, all nations ought to unite in order to put an end to this odious vassalage: if it is a right of justice and of public utility, then it must be reciprocal between the parties. But then also the English navy will suffer more than any other from the exercise of this right. There are scarcely a thousand Englishmen who serve on board American ships; whereas the English navy has increased by all the sailors whom it has inveigled or carried off from France, Holland, Spain, and from all the nations of the North & the South, whom it keeps with the most unrelenting rigor, and who wait only for a favorable moment to escape from their captivity. If England admits the reciprocity of the right of visiting, she may expect to see her crews diminish. If she requires it exclusively, she has no other right to invoke than that of force; but soon the common force of nations may at last triumph over her and wrest from her what she would not yield to justice.
FRIDAY, FEB. 13.
Mr. Bacon presented the following memorial. To the honorable the House of Representatives of the United States of America.
Respectfully represents the undersigned, a citizen of the state of Massachusetts, that he has been duly appointed the agent of the New-England Mississippi company for the purpose of supporting their claims before the Congress of the United States and finally liquidating and adjusting the same, and he most respectfully prays that he may be admitted to a hearing at the bar of this House of Representatives in behalf of said company to state their rights and explain their claims—and as in duty bound will ever pray, &c.
JOSEPH STORY.
Feb. 10, 1808.
Which being read Mr. Bacon offered the following resolution:
Resolved, That the prayer of the petition of Joseph Story as agent of the New-England Mississippi company, praying that he may be admitted to a hearing at the bar of this House in behalf of the said company to state their rights and explain their claims which are now pending before Congress be granted; and that the House will proceed to hear said agent, accordingly at this bar, on Monday 22d Feb. inst.
The House agreed to consider the resolution 45 to 43.
A short debate took place on the resolution (which shall appear in our next, not having room for it in this paper) when the resolution was negatived, yeas 28, nays 76.
The House went into committee of the whole, 56 to 33, Mr. Bassett in the chair, on the bill making appropriations for carrying into effect certain Indian treaties. The bill being gone through the committee rose and reported it & it was ordered to a third reading on Monday.
On motion of Mr. Rankin,
Resolved, That the committee on public lands be instructed to enquire
into the expediency of allowing further time to the Board of Commissioners for the Kaskaskia district, in the Indiana territory, to complete the investigation of claims to land in the said district; and that they have leave to report by bill or otherwise.
Mr. Boyle from the committee of Public Lands, reported a bill authorizing the sale of the lands of the U. S. and for other purposes; which was read twice and referred to a committee of the whole.
A bill from the Senate for the relief of Joseph Chase, Jared Gardner, and others, was read twice & referred to a committee of the whole.
Adjourned to Monday.
AN ACT
Authorizing the erection of a bridge over the river Potomac, within the district of Columbia.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following persons, viz. Robert Brent, Daniel Carroll, of Duddington, Thomas Munroe, James D. Barry, Frederick May, Samuel Harrison Smith, Jonah Thompson, Jonathan Swift, Thomas Powell, Cuthbert Powell, Elisha Janney and Charles Alexander, or any seven of them, be, and they are hereby constituted a board of commissioners, with full power and authority to open, or cause to be opened, books for receiving and entering subscriptions for raising a capital stock, not exceeding two hundred thousand dollars, in shares of one hundred dollars each, for the purpose of erecting a bridge over the river Potomac, between the city of Washington and Alexander's island, and making such other incidental works, and defraying such other incidental expenses, as shall be required by this act, or deemed necessary or expedient, by the company hereinafter named; the time, place, and manner, of receiving and entering such subscriptions, to be ascertained by the said board of commissioners, and duly advertised in such Gazettes, as they may deem expedient: Provided , That the time to be fixed upon by the said board of commissioners, for opening books for receiving the said subscriptions, shall be on or before the first Monday in July next, and that no subscription shall be received, unless the sum of ten dollars be first paid into the hands of the person authorized to receive the same, on each share subscribed for.
Sec. 2. And be it further enacted , That whenever nineteen hundred of the said shares shall be subscribed for, all persons who may then be, or thereafter may become, the actual holders or proprietors of shares in the said capital stock, either as subscribers for the same, or as the legal representatives, successors, or assignees of such subscribers, shall be, and they are hereby made and created a body politic and corporate, by the name and style of "The Washington Bridge Company," and by that name may sue, and be sued, implead, and be impleaded, and do and suffer all acts, matters, and things, which a body politic and corporate may lawfully do and suffer; and may have a common seal, and the same may break and alter at pleasure, and may make all bye-laws, rules, regulations and ordinances for the good government and well being of the said company, and for carrying into effect the objects of their institution, so that such bye-laws, rules, regulations, or ordinances, be not repugnant to the laws of the United States, in force within the district of Columbia.
Sec. 3. And be it further enacted , That when nineteen hundred of the said shares shall be subscribed for, as aforesaid, or as soon after as may be, the said board of commissioners, shall call a meeting of the company, at the city of Washington, by public advertisement, in one or more Gazettes published in Washington, Alexandria, or Georgetown, appointing a fit and convenient time and place of meeting, for the purpose of electing five directors, a clerk, and a treasurer, and such other officers, agents and servants, as the said company may think fit to appoint, and for transacting any other business, in pursuance of this act, and appertaining to the nature and objects of the institution of the said company; and the said board of commissioners shall, if necessary, adjourn the said meeting, from time to time, until a quorum shall be formed; and a majority of the said company, or the proprietors of two thirds of the number of shares actually subscribed for, their legal representatives, successors, or proxies, shall be a quorum to do business; and the said board of commissioners, before opening the said subscription books, shall ascertain and publish, in their said advertisement, a fit and convenient mode of authenticating all powers of attorney authorizing subscriptions to be made in the name of any person or persons; and before calling a meeting of the said company, shall ascertain and publish, in their advertisement, a fit and convenient mode of authenticating all instruments of writing authorizing any person or persons, to act and vote at such meeting, as the proxy or proxies of any member of the said company; all which powers of attorney and in-
struments of writing shall be filed with the clerk of the said company, and by him be safely kept among the records and documents appertaining to his office; and as soon as a quorum of the said company, and a board of directors shall be formed, as aforesaid, all the powers, authority, and duties whatsoever, by this act vested in the said board of commissioners, shall cease and determine, and thenceforward become vested in the directors, for the time being, of the said company, under such limitations and restrictions, as the said company may think fit to prescribe; and the said board of commissioners shall account to the said company, at the first meeting of the same, for all monies received by them or their agents, on account of such subscriptions, and shall immediately pay over the same to the treasurer of the said company, or to such other person or persons, as the said company may direct and appoint: the said company, nevertheless, to allow all just credits for monies actually and necessarily expended by the said board of commissioners, in the execution of their said trust and duties.
Sec. 4. And be it further enacted , That there shall be annually holden, on the first Monday in January, a meeting of the said company, for the purpose of electing five directors, a clerk, and a treasurer; and the said company shall have power, at any meeting, legally called and constituted, in pursuance of this act, to displace any of their directors or officers, and to supply, by a new election or appointment, all vacancies that may happen among the directors or officers of the company; and the said company shall have power to prescribe and regulate the powers and duties of the said directors, and of all other officers of the company; and a majority of the said directors may, from time to time, elect one of their body as a president, and may provisionally supply, by their own election, any vacancies that may happen among the number of directors, or among any of the officers of the company, and the persons so elected by the said directors, may continue in office till the next legal meeting of the company; and the directors of the said company, to be elected, in pursuance of this act, shall, unless sooner displaced by the said company, continue in office until the first Monday in January next, succeeding their election, and from that time until a new election shall be made by the said company.
Sec. 5. And be it further enacted , That a meeting of the said company may, at any time, be called by a majority of the directors of the company, for the time being, and by one third of the members of the said company, or by the proprietors of one third of the shares actually subscribed for, or the legal representatives or successors of such members or proprietors: Provided however , That no meeting of the said company shall be legal or valid, unless a quorum shall be formed, consisting of the majority of the members of the said company, or of the proprietors of at least two thirds of the number of shares actually subscribed for, their legal representatives, successors or proxies, nor unless the place (being within the city of Washington) and the time of such meeting be previously advertised, for three weeks successively, in one or more Gazettes, in the city of Washington, Alexandria, or Georgetown.
Sec. 6. And be it further enacted , That the said shares shall be negotiable and transferable from one to another by assignments in writing, executed before two witnesses at the least, and authenticated and registered, as the said company may prescribe and direct in their bye-laws & regulations.
Sec. 7. And be it further enacted , That in suits at law against the said company, the first process shall be a summons, to be served on the president, or any one or more of the directors of the said company; upon the service and return of which summons, if no appearance shall be entered for the said company, at the return term, the court may order the general issue to be entered on the record, and may proceed to trial and judgment, in like manner as if an appearance had been entered, and the issue made up by the said company; and if judgment shall be recovered against the said company, the court may order the usual process of execution, or a special writ to attach the money, goods, chattels, debts, choses in action, and tolls in the hands of any officer of the said company, or of any other person; and such attachment shall operate on the tolls thereafter to be received, which may [be] collected by a person, specially appointed by the court, for the use of the plaintiff recovering such judgment, until such judgment shall be satisfied; and the court may make such further or other order for enforcing the payment of such judgment as may be consistent with the practice and powers of such court, as a court of law or equity; and that the shares in said company shall be deemed personal, and not real property, and transferable in such manner as the company shall direct; and that the shares held by any individual shall be liable to be attached, or
taken by fieri facias, to satisfy the debts due from such individual in like manner as other personal property may be.
Sec. 8. And be it further enacted , That the amount of each share shall be paid by instalments of ten dollars at such time as the said company shall direct; and in case any judgment or instalments shall not be paid at the time appointed by the said company, or within ten days thereafter, the same may be recovered, in the name of the said company, by warrant from a justice of the peace, if the amount due shall not exceed twenty dollars, and if the sum so due shall exceed twenty dollars the same may be recovered by motion, in the name of the said company, on ten day's notice, in any court of record in the county or district, where the debtor shall be found; and in all such warrants and motions, the certificate of the clerk of the said company, authenticated by the president, under the common seal of the said company, shall be conclusive evidence of the defendant's being a member of the company, and prima facie evidence of the amount due on the shares held by such defendant. And if such instalment or instalments be not paid within sixty days, after the time limited for the payment of the same, and advertised for four weeks successively, in one or more gazettes, published in Washington, Alexandria, or Georgetown, the president and directors of the said company may proceed to forfeit, for the use of the company, the share or shares of the person or persons so failing to pay.
Sec. 9. And be it further enacted , That the said company be, and they are hereby authorized and empowered to erect and build, or to cause to be erected and built, over the river Potomac, between the termination of Maryland avenue and Alexander's island, a good and sufficient bridge, at least thirty six feet wide, of sound and suitable materials, and in all respects adequate for the passage of travellers, horses, cattle and carriages, with a secure railing on each side at least four feet high; of which width six feet on one side shall be appropriated to the purpose of a way for foot passengers, and shall be separated from the carriage way by a good and sufficient railing at least four feet high.
Sec. 10. And be it further enacted , That the said company shall cause to be built and kept and maintained in good repair, a convenient and sufficient draw or passage way, at least thirty-five feet wide, in the said bridge, over the main channel of the river, for the passing and repassing of vessels, by day and by night; and shall also cause to be built, and to be kept and maintained in good repair, a well constructed and substantial wharf, erected on piles on each side of the said bridge, and adjoining or near to the said draw, in every respect sufficient for ships and other vessels to lie at securely; and all ships, waiting for a passage through the said draw, may lie at such wharves, free of charge, until a suitable opportunity offers of passing through the said draw; and the said company shall, at their own cost, and without toll, cause the said draw or passage way, to be hoisted or removed, without delay, for the passage of all ships and vessels with masts, that are unable to pass under the same; and if through the unskillfulness or negligence of the person or persons employed by the said company, to hoist or remove the said draw, any ship or vessel shall be unjustly or unreasonably hindered or delayed, or shall be damaged in her hull, spars or rigging, in passing the said draw, the said company shall be liable to the master or the owner or owners of such ship or vessel, for damages at the rate of six cents per ton of such ship or vessel, for each and every hour such ship or vessel shall be hindered or delayed, and for all damages in her hull, spars and rigging, as aforesaid, to be ascertained and recovered in a special action on the case, in any court of competent jurisdiction; and the said company shall constantly keep the said bridge furnished with twenty good lamps, to be well supplied with oil, and lighted in due season, four of which lamps shall be kept at the said draw, and be kept burning through the night, and the others shall be kept burning till the hour of twelve at night, under the penalty of five dollars for each offence, to be recovered by warrant before any justice of the peace having jurisdiction, by such person or persons as shall sue for the same. And it shall be lawful for the said company, to cause each leaf of the said draw to be made of the width of twenty feet instead of thirty-six feet, the width of the said bridge; and if at any time hereafter the channel under the said principal draw of thirty five feet shall change and shift to and under any other part of said bridge, then it shall be the duty of said company at all times to remove the former and keep a good and sufficient draw of thirty five feet in width over the main and principal channel wherever the same shall pass under the said bridge; provided that the same shall appear necessary on a survey to be made by three commissioners to be appointed for that purpose by the President of the United States.

Sec. 11. And be it further enacted , That the said company shall, in like manner, cause a draw or passage way, at least fifteen feet wide, to be made in the said bridge, across the other channel of the said river, near the eastern shore, commonly called the Maryland channel, subject to all the restrictions, penalties and provisions contained in the last preceding section, for keeping and maintaining the draw or passage way over the main channel of the said river, except so far as respects the building of wharfs on each side thereof: Provided , The same shall appear necessary on a view and survey thereof, by three commissioners to be appointed for that purpose by the President of U. States.
Sec. 12. And be it further enacted , That as soon as the said bridge and wharfs shall be erected and built, and furnished and completed, as required by this act, the said company shall be entitled to demand and receive, by their proper agents, servants, or officers, tolls at the following rates, viz. For each foot passenger six cents and a quarter; for each person and horse, eighteen cents and three quarters of a cent; for each chaise, sulky or riding chair, thirty seven cents and a half; for each coach, coach, stage-waggon, chariot, phaeton or curicle, or other riding carriage, one hundred cents, and the further sum of twelve cents and a half for each horse, more than two, by which such coach, coach, chariot, phaeton or curicle, shall be drawn; for each sled or sleigh, thirty seven & a half cents, & the further sum of twelve and a half cents for each horse or other beast, more than two, by which such sled or sleigh shall be drawn; for each four-wheeled waggon, cart, or other four-wheeled carriage of burthen, thirty seven cents & a half, and the further sum of twelve cents and a half, for each horse or other beast, more than two, by which the same shall be drawn; for each two-wheeled cart, dray, or other two-wheeled carriage of burthen eighteen cents and three quarters, and the further sum of twelve cents and a half for each horse or other beast, more than one, by which the same shall be drawn; for each sheep or swine, three cents; for horses and neat cattle, other than those in teams, drawing sleds, sleighs, or carriages, or those with riders, six cents and a quarter each, and one person only to each team or drove, shall be allowed to pass free of toll: Provided , That no toll shall be exacted at said bridge, for the passage of any waggon or carriage, laden with the property of the United States, or for the drivers thereof; or for the passage of any troops of the United States or the militia of any state, or the district of Columbia, marching in a body, or any cannon or military equipments belonging to the United States; and it shall be the duty of the said company, to keep posted up in some conspicuous place on the said bridge, where the toll is collected, a printed list of the rates of toll allowed by this act; and for every day the same shall be neglected they shall forfeit and pay one dollar, to be recovered by warrant, by any person who shall sue for the same: Provided also , That if the number of nineteen hundred shares shall not be subscribed within one year from the time of opening subscription books, by the commissioners, as herein before directed, or if the said bridge and wharfs be not erected and built, and furnished and completed, as required by this act, within five years, from and after the first day of October next, or if it should remain at any time thereafter, so out of repair, for two years, as to be unsafe for travelling; then and in that case, all the powers, authority, privileges, emoluments, and immunities whatsoever, by this act granted to the said company, shall cease and determine, and become absolutely forfeited.
Sec. 13. And be it further enacted , That it shall be the duty of the said corporation, as long as they shall be entitled to receive toll at the said bridge, to keep the same in good repair; and if in neglect of their said duty, the said corporation shall at any time, suffer the said bridge to be out of repair, so as to be unsafe or inconvenient for passengers, the said corporation shall be liable to be presented for such neglect, before any court of competent jurisdiction, and upon conviction thereof, to pay to the United States, a penalty not exceeding five hundred dollars, at the discretion of the court, and shall also be responsible for all damages which may be sustained by any person or persons, in consequence of such want of repair, to be recovered in an action or actions of trespass on the case, in any court competent to try the same.
Sec. 14. And be it further enacted , That the toll to be taken at the said bridge shall be receivable by the
said corporation, for and during the term of sixty years to commence from the day when the said bridge shall be opened for passengers; after which time the said bridge shall be the property of the United States, and the said corporation be dissolved.  J. B. VARNUM, Speaker of the House of Representatives. GEO. CLINTON, Vice-President of the United States, and President of the Senate. FEBRUARY 5, 1808. APPROVED, TH: JEFFERSON.
NOTICE. IT has been represented to the Secretary of State that John Porter, William Sloane, George Wagner, William Callicut, William Bartlett, John Moore, Clement Rivers, Joseph Pew, Peter Jones, John Troup, Jonathan Stuart, William Wagman, Joseph Mead, and George A. Cope, who call themselves citizens of the United States, have been impressed into the British service, and are detained for want of documents to prove their citizenship. The friends of these men are therefore notified that on their transmitting to the Secretary of State, proof of their citizenship, together with a description of the persons of the above named seamen, measures will be taken to obtain their discharge.  Department of State, February 9, 1808.  The Editor of the National Intelligencer, and the Editors who publish the Laws of the Union, in the Scrapers , are requested to insert the above three times in their respective Gazettes.  February 12—3t
TWENTY DOLLARS REWARD, FOR apprehending a certain Young man who calls himself Leo Tabern, fair complexioned, about six feet high, stout made, 19 or 20 years of age, says he was raised in the state of Ohio, who engaged himself with the subscriber as an overseer for the ensuing year, he left his plantation last evening, taking with him sundry wearing apparel belonging to the subscriber, viz. 4 shirts, 4 pair of country nit stockings, 2 white neck handkerchiefs, marked 1. W. 4 mock-madrass, do. one long blue cloth coat with plain gilt buttons, some small holes in the body near the right armhole, 1 short blue do. lined through with yellow flannel, 1 pair buff colored cassimere pantaloons, 1 pair fancy cord do. cord, 1 pair dark grey, do. Bennet cord, 1 pair shoes of a large size, 1 vest yellow cord, 1 pair dark worsted stockings, new. The above reward will be given to any person for apprehending and securing the said thief in any jail so that he may be punished agreeable to law.  JOHN WELCH, St. Mary's cy. Ridge Post Office. February 12—2t
RUNAWAY. WAS committed to the jail of Washington county district of Columbia as a runaway, on the 5th inst. a black man who calls himself STEPHEN LOCKERMAN, and says he belongs to John McFadden of Baltimore; he further says that he sailed out of Baltimore in March 1804, with captain Deshan in the ship Margaret, bound to Batavia; he is about 25 years of age, 5 feet 3 inches high, had on when committed, a brown cloth jacket and trousers, blue striped vest, black hat, fine linen shirt, half boots, and no other clothes with him. His owner is desired to come and prove him and take him away or he will be sold for his jail fees and other expenses as the law directs.  CARTWRIGHT TIPPET, Keeper of the Jail for Washington Byrd, marshal. February 12—w3t
BURAS AND BELL, WOOLLEN drapers, men's mercers, and tailors, New Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality.  N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch.  October 23—tf.
ST. MARY'S COLLEGE LOTTERY, BALTIMORE. A Few fortunate Tickets in the above Lottery may be had at G. & R. Waite's, Baltimore, and at J. March's Book-Store, Geo. Town—Present price 15 dols. and will advance in a few days.  ** A regular check-book is kept at J. March's Book-Store, Geo. Town, where the fate of any ticket may be known.  February 10—3t
FRESH GARDEN SEEDS, &c. THE Subscriber having recently received a supply of European Garden Seeds , &c. which added to the various sorts saved by him the last summer, makes his assortment extensive and which are for sale at his Nursery Garden, Eastern Branch and at Dr. Ott's Medicine Store, Georgetown.  THEO: HOLT Washington city, Jan. 11—raw
THIS IS TO GIVE NOTICE, THAT the subscribers, of the city of Washington, have obtained from the Orphan's Court of Washington county, in the district of Columbia, letters testamentary on the Personal Estate of George Mitchell, late of said city, deceased—All persons having claims against the deceased are hereby warned to exhibit the same, with the vouchers thereof, to the subscribers, at or before the 12th day of August next, they may otherwise by law be excluded from all benefit of the estate.  Given under our hands this 8th day of February, in the year 1808. JOHN M'GOWAN, } Ex'rs. MICHAEL NOURSE, } February 10—3t
NOTICE. THE whole of the Personal Property of George Mitchell, deceased, consisting of a valuable Gold Watch, bedstead, feather bed and bedding, a considerable quantity of wearing apparel, and a variety of other articles, will be sold at Public Vendue, on Thursday the 18th inst. at the House of John M'Gowan, opposite Rhode's Tavern.—Sale to commence at 11 o'clock—Terms made known previous to the sale.  SAMUEL SPEAKE, Auctioneer. February 10—1ds
TWO ELEGANT PORTEPLANOES. THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars.  F. A. WAGLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice.  December 25—tf
JUNUS CRAVEN HAS removed his entire stock of DRY GOODS from Alexandria to Washington, and is now opening, at his new Store, between the Marine Garrison and Navy Yard Gate, an assortment equal to any in the District;—among which are, Wood's best London cloths, Do. double milled & plain cassimeres, Bennett's cords and velvets, Constitution Gerrow, hunting, Trafalgar, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk moleskins do. Tollinets, swansdown do. Plain and figured Marseilles do. Bears skin coatings, Plains, kerseys, halfhicks, Rose and duffel blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Gingham, silk and cotton chambrays, Furniture Chintz, Cambric and jaconet muslins, India and British book do. India mull-mull figured and plain, Plain and figured lenoes, Laced cambrics, Elegant tamboured mulls, Grecian robes and Pelisse dresses, 8.4 damask and raw silk shawls, Damask scarfs, Camel's hair and swansdown do. Down scarfs, Long and short lace sleeves, spider & nett sleeves, Extra long and habit kid gloves, Do. do. silk do. Do. do. raw silk do. Cross-barred and plain Mantuas and lute strings, Persians and Medes, Thread and cotton laces, Lace caps and handkerchiefs, Book muslin and leno cap patterns, 4.4.7.8 Irish linens, Long lawns, linen cambrics, Irish diapers, table-cloths, napkins, Cotton counterpanes, Cambric Dimities, Common do. Furniture do. Ladies' and gentlemen's silk, thread, cotton, worsted, lamb's wool & Angola hose, Gentlemen's pantaloons do. Silk cords and buttons, Ribbons, floss threads, Scarlet and other colored bombazets, Hearth rugs, Russia sheeting, ticklingburg, Osnaburgs, baftas, gurrahs, &c. &c. ALSO, Imperial and young hyson tea of a superior quality in small boxes, to suit families, or by the pound—Also genuine Havana segars.  T. C. is determined to sell on the lowest terms.  February 3—tf
CHARLES H. VARDEN, MERCHANT TAILOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia, A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coating, black silk Florentines. Likewise an elegant assortment of Spaniards and rich silk Moleskins for waistcoats with a variety of other articles suitable for the season.  Regimentals and Navy Uniforms made in the most elegant and uniform stile of fashion.  Richard Horwell's celebrated patent parallel SUSPENDERS far superior to any hitherto in use can be had on the same terms retail, as at his manufactory. Four or five good Journeymen wanted, who will find constant employ.  November 27—tf
NEW PUBLICATIONS. Just published and for sale, at D. RAFFINE's book-store, on Capitol Hill. THE American Artillerist's Companion, translated and extracted from the best memorials, and most recent publications, on this important branch of military science, by Lewis Tousard. The American Register, or general Repository of History, Politics, and Science. This work will be published semi annually, for which, as well as the preceding work, subscriptions are received at the above store.  A Picture of the Empire of Bonaparte and his federative nations; or the Belgium Traveller; being a tour through Holland, France and Switzerland, during the years 1804—5, in a series of letters from a nobleman to a minister of state.  Columbella on the Foreign Carrying Trade—showing the effects on agriculture, population and morals of the country.  "A Book" without a title—this is a periodical publication of much wit and humor.  The Subscribers to Dr. Rees's Cyclopaedia are respectfully informed that the sixth volume of this extensive work is now completed, and the work is rapidly progressing; and it is hoped that those in arrears will be so good as to send for their volumes and pay up the balances due, which will enable the publishers to go on with the work without impediment.  February 1—4t
Will be Sold at Public Auction, ON the Premises, on Thursday the 25th day of February next, part of LOT No. 4, in Square 78 being 28 feet front, near the Western Market, and extending back about 147 feet to an alley. There is erected upon this Lot, a good BRICK BUILDING covering the whole front, with a good Kitchen and enclosure, and was formerly occupied by Dr. Brutus. As the property is well known, nothing further descriptive is thought necessary.  January 25—tdos
A GREAT BARGAIN. JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—Houses and Lots—Enquire as above.  All kinds of Stocks bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf  ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz. 30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assignment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c.  January 9—tf
In pursuance of a deed of trust, dated on the 17th day of June, in the year one thousand eight hundred and three, from Isidore Hardey, of Prince George's county, Maryland, to John Francis Hardey, will be exposed to Public Sale, on the premises, on Tuesday the first day of March next, if fair, and if not, the first fair day thereafter.  ALL those two Tracts or Parts of Tracts or Parcels of Land, lying and being in Prince George's county, called Gardiner's Meadows and Tyler's Advantage , containing 330 acres. These lands are encumbered with the right of dower, and will be sold for cash.  The above tracts of land are situated about 5 miles from Piscataway, in Prince George's county, and are tolerably well improved. A more minute description is deemed unnecessary, as those who wish to purchase will view the premises, either on or before the day of sale.  RICHARD B. GARDINOR, Adm'r of John F. Hardey. January 29—tMar.
LINDSAY'S HOTEL. The Subscriber has taken that well calculated house on the Capitol Hill. Late occupied by Mr. Frost formerly by Mr. Stelle—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant.  GEO. W. LINDSAY, N. B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf.
FOR SALE. THE Two story Brick HOUSE, situated on square number 930 in the city of Washington now occupied by Mr. Tunis Craven, as a retail store. The eligibility of this stand for the retail business is excelled by none in this city; being situated on the principal street to the Navy Yard, and very near the Navy Yard Gate. Any person desirous of purchasing the above property may be shewn it by applying to the subscriber, who will also make known the terms of sale.  WM. BRENT. Washington city, Dec. 18—wtf
United States, District of Columbia, county of Washington, to wit. IN CHANCERY, 9th OCTOBER, 1807. Benjamin Stoddert and John Mason, versus Thomas Waters Griffith, John R. Livingston, Jonathan Burrell, Gabault & Dodrey, James C. Montflore, I. I. Picard and James Davidson.  THE bill states that the defendant, Thomas Waters Griffith was the agent of the house of Taney and Simond for the delivery of a cargo of flour belonging to the said Taney and Simond to the French government. That the French government not being able to pay ready money for the said cargo, the balance due thereon from the said government was placed to the credit of the said Griffith, the agent, instead of being placed to the credit of the real owners Taney and Simond. That the debt so due hath been liquidated under the Louisiana Convention in the said Griffith's name, for the sum of one hundred and ninety thousand, two hundred and seventy francs, French money of the value of $3,675 dollars. That the said Thomas Waters Griffith, now residing and for several years past having resided in Baltimore city in the state of Maryland, well knowing all the circumstances mentioned in the complainants said bill, and that the debt aforesaid was liquidated in his name in Paris under the Louisiana Convention was in truth and in fact a debt due to the said complainants as the trustees of Francis Lewis, Taney, and Taney and Simond, did execute a writing transferring all the interest of said Griffith in the said debt to the said complainants as trustees aforesaid. That notwithstanding the above circumstances the said Griffith did employ James C. Montflore of Paris to receive for his own account and use the aforesaid debt, which actually belongs to the said complainants as trustees aforesaid; and the said Montflore did actually receive the bills on the ministers of the United States, on part payment of the said debt in four sets of bills drawn in favor of said Thomas Waters Griffith, and which bills have been fraudulently endorsed by the said Montflore, with a view as the said complainants believe, to defraud them the said complainants, and under a real or pretended power from the said Griffith and as his attorney to the said I. I. Picard, who endorsed the same over to John R. Livingston, who has endorsed the same over to Jonathan Burrell, cashier of the Bank of Discount and Deposit at New York, who has endorsed them over to James Davidson cashier of the Branch Bank of the United States in the city of Washington who now holds the same for collection. The complainants further state that four other bills for the balance of the aforesaid claim on the French government liquidated in the name of the said Griffith, but actually belonging to said complainants as trustees as aforesaid, have been drawn in favor of Gobault, and Doërey as transferees of Thomas Waters Griffith, for thirty thousand francs French money of the value of 5625 dollars, which said four bills have also been sent to the aforesaid James Davidson, and endorsed over to him for collection in the same manner as in the case of the four other bills first herein recited. That all the aforesaid eight bills of exchange drawn by the American minister at Paris on the treasury of the United States under the Louisiana Convention for the debt liquidated in the name of Thomas Waters Griffith, are actually the property of said complainants as trustees aforesaid. The object of the said bill is to save and protect the said complainants from the fraud projected against them on the part of the said Thomas Waters Griffith, and his co-adjutors, and to obtain a writ of injunction directed to all the before-mentioned defendants, &c. and particularly to the said James Davidson enjoining and commanding him from paying over to any person besides the said complainants the money that may be paid by the Treasury of the United States in virtue of the said bills of exchange, and particularly enjoining the said James Davidson from paying the said money arising from the said bills, or parting with the said bills until the further order of this court in the premises.  It is represented by the complainants that the said Thomas W. Griffith, John R. Livingston, Jonathan Burrell, Gabault and Dodrey, James C. Montflore, and I. I. Picard, defendants in this cause all reside out of the district of Columbia and are not within the reach of the process of this court. It is therefore ordered that the complainants cause a copy of this order to be inserted once each week for six months previous to the first Monday in June next in the National Intelligencer , to the intent that the said defendants may have notice of this application and of the object of this bill and to be warned to appear in this court in person or by solicitor on or before the first Monday of June next, to shew cause, if any, why a decree shall not pass as prayed.  By order, WM. BRENT, Ck. December 4—w6m.  Pursuant to an order of the Orphan's Court of Prince George's county, will be sold, at Public Sale, at his late dwelling, in Prince George's county, on Thursday the 18th day of February next, A part of the "Personal Estate" of Zachariah Baldwin, deceased, consisting of all kinds of Stock, Plantation Utensils, a quantity of Corn and Corn Fodder, Household and Kitchen Furniture, with many other articles too numerous to mention. The terms of sale are nine months credit, the purchasers giving bond, with approved security, and interest from the day of sale. The sale to commence at 12 o'clock.  HENRY CULVER, Adm'r. January 29—w3t