The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-05-23 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1187.
FIVE DOLLARS PER ANNUM,
MONDAY, MAY 23, 1808.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
Debate on the passage of the bill concerning courts martial and courts of enquiry—Concluded.
Mr. RANDOLPH said, that after the very able and learned argument of the gentleman from Connecticut (Mr. Pitkin) who certainly had proven to his entire satisfaction, that he was the only person of those who had spoken upon this subject, that possessed any thing like a correct knowledge of that law, which had been said to be the model of the one, which it appeared they were now about to enact—he almost felt ashamed at again obtruding himself upon the attention of the House; and he did feel most thoroughly ashamed for the framers of the bill in question. I do blush, said he, for gentlemen who have brought a bill into this House, modelled, as they say, upon the British law, who have been proven, to my unlearned judgement, (for really, sir, I stand as a juror betwixt them and the gentleman from Connecticut) not only ignorant of the law of England—(surely a very pardonable fault, if they had not pretended to understand it)—but equally uninformed with respect to the law of their own country, and with respect to the operation of this instrument, which after successive recommittals they have presented to the House. If I were friendly to the principle of the bill, I should have arisen, immediately after the gentleman from Connecticut had resumed his seat and moved his recommittal, in the hope that the committee would not fail to avail themselves of the extensive knowledge, which, with so much credit to himself, he has displayed upon this occasion. For myself I have not the same cause to blush at the scantiness of my information on the subject. In the first place I am not a professional man—neither was it a matter committed by the House to my especial care, and on which it was my peculiar and bounden duty to make myself acquainted; and for another reason; because finding in the first section a principle so totally abhorrent to my mind that no inducement whatever could have brought me to sanction it, I passed over the remainder of the bill in rather a hurried way—for it will be remembered that the printed copy, as amended, was not laid on our tables until yesterday morning, when we were called upon to vote on the final passage of the bill. I therefore did not scrutinize its details.
I have thought these prefatory remarks proper, because, as a member of this House, I feel obliged to the gentleman from Connecticut for having made himself master of this subject, and for the light which he has diffused upon it; and if, instead of attending to other affairs, gentlemen had attended to his argument, we should have had the benefit of that, for which this body was instituted, but which is seldom experienced within our walls—the benefit of deliberation and discussion. For when the members of the House are busily engaged in counting money, signing receipts, reading newspapers, writing letters, and folding pamphlets—(I pretend to no personal and exclusive exemption) it is impossible that they can enjoy the benefit of discussion—in fact, persons so employed constitute anything rather than a deliberative assembly. But if time had permitted an attentive examination of the bill, ignorant as I profess myself, till now, to have been of the law on this subject, both at home and abroad, even my purlblind eyes would have discovered defects, which I am astonished should have escaped any man. I may be mistaken—the defect may be in my own dullness of apprehension—but there are sentences in this bill, which to my mind convey no more idea, no proposition more definite, than so many words tumbled by chance out of a dice box—sentences which one would suppose must have been written by the celebrated Mr. Allscrimp, a special attorney, who himself tells us that he could read three skins of parchment without once drawing breath. It may be from defect of comprehension—but I will read one proviso, as distinctly as I can, and
appeal to the minds of those who use words, attaching signification to them, whether any precise meaning can be extracted from it.
“And provided also, That no such deposition shall be read in evidence, unless reasonable notice of the time and place of taking the same be given to the adverse party, by the party at whose instance the same may be taken, nor unless the witness shall reside, as well at the time of taking the deposition as of offering the same in evidence, at a greater distance than miles from the place of holding such court martial or court of enquiry, or the same shall have been taken by consent of parties as aforesaid; nor if the same be taken before commissioners as aforesaid, unless the party at whose instance such commission may be issued, shall have given reasonable notice to the adverse party, of the time and place of applying for such commission, and of the name and residence of the judge to whom such application may be made; nor unless such commission be duly issued under the hand and seal of such judge, and attested and countersigned by the clerk of the court to which such judge may belong, with the seal of the court annexed. And the probate or certificate annexed to all such depositions by the territorial or state judge, before whom the same may be taken, may be authenticated as to its being verily the act of such judge, and as to the authority of such, by the certificate of the clerk, under the seal of that court to which such judge may belong.”
Surely the words composing this clause convey no specific meaning to the mind—it is heathen Greek—and as a rule of action (which every law purports to be) for me, it might as well be inscribed in Chaldean characters.
I forgot to state, as I intended when I rose, that the circumstance, which induced me to overcome the sense of inferiority inspired by the arguments of the gentleman from Connecticut, was my having omitted some points, which ought to have been pressed, when I yesterday claimed the indulgence of the House, and which would have been touched upon, if the difficulty of speaking in this room, the elegant curtains to the contrary notwithstanding, had not exhausted my strength—and further, that I thought some of the observations of the gentleman last up entitled to notice; entitled, I am compelled to say, not from their intrinsic weight, but from the weight of influence, in this House, of the person from whom they fell.
By a most unfortunate analogy, the gentleman has likened courts of enquiry to grand juries, and therefore (he says) it irresistibly follows that the powers proposed to be conferred on them are indispensably necessary to the proper discharge of their functions. Have grand juries the power contained in this bill—to compel the attendance of distant witnesses—to issue commissions throughout the U. S. to take depositions, upon which their presentments may be founded? How long since they acquired it? But to pursue this analogy: the only party heard, through his witnesses, before a grand jury, is the prosecutor. The party accused is completely precluded from having a single witness examined in his behalf, although the finding of a grand jury may have an effect on the reputation and life of the accused as prejudicial as the decision of a military court of enquiry can prove to the party arraigned before it. The proceedings before the grand jury being, then, altogether ex parte , by the gentleman's own principle, that part of the bill which relates to courts of enquiry is totally inadmissible; except indeed he would assimilate our civil institutions to this famous bill—except he wishes our free system of jurisprudence to be ripped up from its very foundations and reduced to the standard of this inimitable model; unless that be contended for, the gentleman must give up one of the most important provisions, I may say the vital principle of this bill—the provision which enables the indicted party to compel the attendance of witnesses in his behalf, before this new military grand jury—without which all his solicitude for the bill would soon be at an end. So much for this unlucky analogy.
You are told, sir, with a most imposing solemnity of voice and countenance,
that this bill does not enlarge the powers of courts martial. Do you want proof? Ipse dixit —that gentleman says so, and surely you will not be so unreasonable as to doubt his word. I am most sensible of the weight of the mere say-so of the person who uttered this, and equally sensible of the little weight that my opinion would have in this House opposed to his naked assertion; for the gentleman did not condescend to tell us, how the bill does not enlarge the powers of military courts—Yet I aver that it does:—and as I feel myself under the necessity (from which that gentleman is happily exempt) of supporting my opinions in this House by reason—or, perhaps as the gentleman himself would choose rather to style it—by “clamor,” I will proceed to state why. I am extremely happy, if the epithet was intended for me, that I am able to clamor loud enough to be heard in this spacious hall, when I say that this bill does encroach the power of the military court, inasmuch as it subjects to its commands the person of the citizen, heretofore exempt from them, by giving the military authority not merely the aid of the civil, but committing the civil authority as it were, into its custody.
The civil authority is the mere puppet of the military court in bringing the witness before it—and this was one of my principal objections to the bill yesterday—one which has since been illustrated and enforced much more ably than I could pretend to do it. This bill was brought in for the express purpose of providing for an existing defect of power in military courts; and shall we be told, by those too who have presented it as a remedy for that defect, that it contains no such remedy—that it does not enlarge their power? But this clamor that we are “clamoring” against public measures, and against this bill as one of them, is totally lost upon me. It is not the first time that I have heard the charge, not within these walls, but within the walls of Congress. I recollect the time—perhaps the gentleman himself recollects it—we then sat in Philadelphia—when, on an occasion not unlike the present, a learned gentleman who now presides upstairs in the other House (Mr. Marshall) accused me of “clamoring” against a bill, that went to enlarge the privileges of the military at the expense of those of the citizen. It has always been the fashion with those, who feel power and forget right, to speak of all opposition to their unlawful measures as a mere popular catch; and if the gentleman should ever get out of the majority (a case, indeed, hardly supposable) he will find this artillery turned against himself—as in a fortress, it is always turned, by those who have gained possession, against those excluded from it. It is a coarse instrument which the most clumsy may wield. But, it seems, that these “clamors” are at war with each other—since some oppose the bill on this ground, some on that. And the gentleman (Mr. Nicholas) asks how are these contradictory arguments to be reconciled? I thought that, although not a very great while, he had still been long enough in opposition to know, that it is the chief benefit of that unhappy and proscribed state, that measures may be opposed on different grounds, whilst those who support them must do it consistently. I have often heard it said by my worthy friend at the fire (Mr. Macon) in former times, when caucusses were upon the tapis, and enforced by the necessity of concert, “there is no occasion for it—let each man act upon his own ground.” And yet this alleged inconsistency in opposition is a reason for inferring that no opposition ought to be made. It is expected, it seems, that those, who with so little success have attempted to make proselytes from the majority, should at least convert each other. Suppose it done, the result is still the same. For if one gentleman oppose the bill for one reason and I for another, whether he embraces my opinion, or I his, we are both still in opposition—unless indeed the arguments are so balanced as by a sort of political equation to annihilate each other, or like bodies of equal momentum, meeting in opposite directions, both fall to the ground; thus leaving each party without any opinion whatever. It is urged, that an objection, on the score of accommodation
to witnesses, being removed, by reducing the sphere of personal attendance to one hundred miles, opposition should cease. But from what quarter did that objection come? From a gentleman who now that he has obtained his amendment may, and probably will, support the bill. Certainly that gentleman has not been so unreasonable as to cavil against his own proposition. But does it follow that this very amendment, so desirable to him, may not be a cause of exception to another?
Depositions, it is said, may be the means of saving the life of an innocent man—and as they may save, so also they may take it way—and therefore we object to them. The tone of voice and the expression of countenance of a witness is oftentimes more important than the naked words which he utters. It is for this that the law requires the witness to be confronted with the accused, and subjects him to cross examination. But moreover, an artful and intriguing man, if depositions be admitted, has an opportunity to screen his guilt, or certainly may protract his trial to any indefinite period of time.
But it is said, that you do not propose to give the military authority over the person of the citizen to bring him before them, in the first instance, nor to punish him for disobedience in the second; that the process is civil and the punishment to be inflicted by the civil court. Upon this reasoning the most terrible and infernal court that ever existed, a religious court martial may be justified—the INQUISITION! The holy fathers never imbrued their hands in the blood of their victims; not they. Their monkish garments are never stained with such heretical dye. They only hand over the wretch to the civil authority, and the secular arm is raised to inflict their merciful sentence. Now in like manner, suppose an obstinate witness handed over by the military to the civil power, in this case the mere Pandar, the cat's paw (to use a coarse but strong illustration) of the court martial. He has stood mute, for instance, in their dread presence. Shall the poor wretch suffer the punishment said to have been inflicted in times of yore upon those who stood mute before a civil tribunal? Shall he undergo the peine forte & dure with a weight upon his breast, giving him to drink of the ditch water nearest the jail, or rather nearest to the halberts, and there left till he expires. This is said to have been the old common law practice (although for the honor of humanity I hope it never was) and yet the old punishment is hardly more monstrous than the new crime. I do trust however that the courts of the U. S. will be found not to possess a mere discretion upon this subject, but to be under the obligation of a solemn duty to refuse their aid in carrying this unconstitutional and tyrannous law into effect; and I venture to say that, should it pass, spirits will not be wanting sufficiently independent to give them an opportunity of resisting the encroachment. It is impossible (whatever argument it may be supposed to afford for his impeachment, or removal) that any judge of the U. S. can so far prostitute his function and his oath, as to punish a man for contempt—not of him nor of his court whence the process nominally issues, but of an arbitrary tribunal, to which the person of the citizen cannot be lawfully subjected, but by his voluntary consent.
Among the various objections to the details of this bill (and I am almost ashamed to mention mine, after what we have heard) it is not the least with me, that when a freeman, is summoned—a freeman , not a slave who has sold himself to be shot at for sixpence a day—when a freeman is summoned before a court of law, by a subpoena duces tecum , and gets into that court, he has not merely the aid of counsel but is under the protection of the court itself. He may object to producing the paper in question, and state his reasons therefor, upon which the court must decide; not according to its arbitrary will, but by fixed, known principles of law, and upon that decision, accurately reported by professional men, the reputation of the judge is staked, not only as a man of learning but of integrity. If it be not evidence, or if it tend to criminate the possessor, the court will not compel him
to produce it. But by this bill a man goes ( exharte ) to a judge and satisfies him that you have some paper in your possession relative to the point in dispute; and upon his statement the judge issues his subpoena duces tecum —to bring the paper before his court? Not at all. It is not  ducere but ferre . You are not to bring but to carry — se fetch and carry at the beck of military despotism. You are to be carried with your papers into a court martial, where, without the benefit of counsel, or law, your pockets may be rummaged—rifled of their contents, whether evidence or not. This is a distinction which I meant to have taken yesterday between the military subpoena and the civil one; that when you get into the court martial you are ruled by no principle of law, for they are not bound to know them. A military man does not implicate his character by not having the qualifications necessary for a judge—and accordingly, the civil court becomes the blind instrument, whereby papers may be forcibly extorted by the military tribunal, which, if the parties were in the presence of the civil court, it would not suffer to be produced in evidence. This is not only a supposable case but must and will happen, if there be any efficiency in this bill. If on the contrary it should turn out to be totally inefficient, the chief objection to it will be the precedent—the principle which it establishes. But I had rather see it stifled in its birth, than dying a lingering death from inherent natural defect; a burthen on our statute book.
But we are told, over and over again, that this bill is for the benefit of the militia. And I think one gentleman (to whom I really did not pay very strict attention—as I could not conceive what relation the reports previous to the Presidential election, seven years ago, or even the embargo itself, although a more recent occurrence, could have to this subject,) mentioned some provisions in his native state giving power to courts martial. How long is it since the state of Maryland had a regular army? What are state courts martial? Almost civil tribunals, really for the benefit of the militia. But if it were proved that there exists an extremely oppressive regulation in a particular state, even although worse (which I do not admit the one cited to be) than that contained in this bill, it is no more to the purpose than that because by the law of South Carolina a witness may, as we are told, be committed to close jail if he cannot give security for his appearance, therefore this bill ought to pass; nor can I any more comprehend the argument, that because the military code ought to be intensely severe in proportion as the people are free, therefore we should extend to the soldier the privileges of the citizen. I can neither agree with the premises, nor with the conclusion. Of one thing I am certain, that few men (I was about to have said no man) can agree to both.
But when our militia are in actual service how are courts martial to affect them? How are they to be tried? By their friends—by their kinsmen—by their neighbors—by their own officers; I might say, & I do say, your articles of war to the contrary notwithstanding—by their equals. For I believe that when the militia are in actual service it would be more than any man's life is worth, whatever be his rank, to attempt to govern them by these articles of war—by the bloody scourge, which may with impunity be whirled over the heads of hapless slaves, of beings who have sold their blood for halfpence—and sold it well too—base as the metal given in exchange for it. The regular army consist not of men like the militia, but of the scouring of jails and lazarettos, not your own merely, but of Europe. On this subject I never had but one opinion, and I will express it as long as it is agitated. This bill concerns the militia! I am myself a militia man and ought not to be blind to my own benefit. The militia have nothing to do with it; it was not intended for them—it is for men of a different, totally different character—men more susceptible of discipline; and that perhaps is the reason why, with some, the militia

is not a favorite instrument of defence. Our substantial farmers and planters and their sturdy sons, cannot be managed like brute beasts, cannot be driven by this favorite discipline—discipline indeed with a vengeance—and I trust in God they never will.
It is a matter of very great surprise to me that the first President of the U. States—it is impossible to pass over the name of that man without some expression of respect, and yet it is impossible to express not merely what we ought, but even what we feel—I say it is a matter of surprise to me that this great and good man, who so long presided at the helm of this government, and in its infancy, the most arduous period of it, too; who waged a bloody war on the frontier, both with militia and regulars—for then our situation was different from what it is now—we were weak and the enemy was strong—with all his honest prejudices in favor of military life—(for no man more highly respects the real soldier than I do, whatever I may think of those who sell their birth right of freedom for a mess of pottage—a bare subsistence) with all his well founded military partialities, and no man had stronger, should have conducted this government for eight years, and that then it should have fallen into the hands of a successor, of whom I will say no more than that he had a very strong penchant for military force; (as the books of our treasury unfortunately will shew) whether he was calculated to figure at the head of an army it is not necessary to say:—that during all this time & under such circumstances, it should never have been discovered until to day that this power was necessary to courts martial. How happens it that this great truth has slept so long? We waged a seven years active war against G. Britain, and yet this important truth never started into light under a Washington or Montgomery. It was destined to be ushered in under far different auspices. I wish to be understood as having no reference to any of the co-ordinate authorities about us. If I were disposed to take a range in that direction, which I certainly am not, ample opportunity has been afforded me by one of the friends of the bill, who has declared to you that the reputation of the Executive, as well as of the commander in chief, is staked upon the trial, to which this bill is intended to be auxiliary. A declaration of this sort, coming from a different quarter, would have met with a very different reception from this, then, almost slumbering assembly. Made by certain gentlemen it would have roused a spirit of general asperity. I however deny it—I do not believe it; I will not believe that the character of the President of the U. S. depends upon the trial, so often bandied about this House. I should be sorry that it did; or rather I ought to rejoice; for certainly no man's reputation could be in safer custody than the reputation of the President in such a case would be. It would be in the hands of those who are the breath of his nostrils, who live and breathe and have their very existence and being in the sunshine of his favor, and over whose decisions he must finally exercise complete and efficient control.
The bill was then passed, 61 to 52. [The bill went to the Senate and returned with amendments, which however were never considered by the House. So that the bill was not finally passed.]
LETTER
From Mr. Madison to Messrs. Monroe and Pinckney. DEPARTMENT OF STATE, MARCH 18, 1807.
Gentlemen, YOUR dispatch of January 3, with the treaty signed December 31, with the British commissioners, were safely delivered on the 15th inst. Your letter of December 27, notifying the approach of that event had been previously received in time to be included in a communication of the President to Congress, then in session. A copy of the instrument in its actual form, with the declaration of the British commissioners on signing it, was received by Mr. Erskine on the day of the adjournment of Congress, and communicated by him to the Executive.
The observations relating to the whole subject, as it is now presented, with such instructions in detail as will explain the views of the President, will be prepared with as little delay as possible, and transmitted by Mr. Purviance, who holds himself in readiness to be the bearer.
For the present I am charged by the President to refer you to my letter of February 3, and to signify his desire that the negotiation may proceed in the form therein stated, but without being brought to an absolute conclusion until further instructions shall arrive.
You will conform also to the views of the President, in forbearing to enter into any conventional arrangements with the British government, which shall embrace a trade or intercourse of its subjects with the Indian tribes, within any part of the territories westward of the Mississippi, under the authority of the U. States. Considerations derived from a recent knowledge of the state, and of the aboriginal inhabitants of that extensive region, irresistibly oppose the admission of foreign traders into it.
I have only to add that a proclamation will immediately issue, suspending the non-importation measure until the next session of Congress. This will be a sufficient evidence to the British government of the conciliatory sentiments of the President, and of his sincere desire that no circumstance whatever may obstruct the prosecution of experiments for putting an end to differences, which ought no longer to exist between two nations having so many motives to establish and cherish mutual friendship.
I have the honor to be, &c. (Signed,) JAMES MADISON.
From the same to the same. DEPARTMENT OF STATE, MARCH 20, 1807.
Gentlemen, MY letter of March 18, acknowledged the receipt of your dispatches, and of the treaty signed on the 31st December, of which Mr. Purviance was the bearer, and signified that the sentiments and views of the President, formed on the actual posture of our affairs with G. Britain would without any useless delay, be communicated. The subject is accordingly resumed in this dispatch, with which Mr. Purviance will be charged. To render his passage the more sure and convenient, he takes it in the sloop of war, Wasp, which will convey him to a British port, on her way to the Mediterranean. She will touch also, at a French port, probably L'Orient, with dispatches for gen. Armstrong and Mr. Bowdoin, and will afford a good opportunity for any communications you may have occasion to make to those gentlemen.
The President has seen in your exertions to accomplish the great objects of your instructions, ample proofs of that zeal and patriotism in which he confided; and feels deep regret, that your success has not corresponded with the reasonableness of your propositions, and the ability with which they were supported. He laments more especially that the British government has not yielded to the just and cogent considerations which forbid the practice of its cruisers in visiting and impressing the crews of our vessels, covered by an independent flag, and guarded by the laws of the high seas, which ought to be sacred with all nations.
The President continues to regard this subject in the light in which it has been pressed on the justice and friendship of G. Britain. He cannot reconcile it with his duty to our seafaring citizens, or with the sensibility or sovereignty of the nation, to recognize even constructively a principle that would expose on the high seas their liberty, their lives, every thing, in a word, that is dearest to the human heart, to the capricious or interested sentences which may be pronounced against their allegiance, by officers of a foreign government, whom neither the law of nations, nor even the laws of that government will allow to decide on the ownership or character of the minutest article of property found in a like situation.
It has a great and necessary weight also with the President, that the views of Congress, as manifested during the session which passed the non-importation act, as well as the primary rank held by the object of securing American crews against British impressment among the objects which suggested the solemnity of an extraordinary mission, are opposed to any conventional arrangement, which, without effectually providing for that object, would disarm the U. States of the means deemed most eligible as an eventual remedy.
It is considered, moreover, by the President, the more reasonable that the necessary concession in this case, should be made by G. Britain, rather than by the U. S. on the double consideration, first, that a concession on our part, would violate both a moral and political duty of the government, to our citizens, which would not be the case on the other side; secondly, that a greater number of American citizens, than of British subjects are, in fact, impressed from our vessels; and consequently, more of wrong is done to the U. S. than of right to G. Britain; taking even her own claim for the legal criterion.
On these grounds, the President is constrained to decline any arrange-
ment, formal or informal, which does not comprize a provision against impressments from American vessels on the high seas, and which would, notwithstanding, be a bar to legislative measures, such as Congress have thought, or may think proper to adopt, for controlling that species of aggression.
Persevering at the same time in his earnest desire to establish the harmony of the two nations on a proper foundation, and calculating on the motives which must be equally felt by G. Britain to secure that important object, it is his intention that your efforts should be renewed, with a view to such alterations of the instrument signed on the 31st December, as may render it acceptable to the U. States.
That you may the more fully understand his impressions and purposes, I will explain the alterations which are to be regarded as essential; and proceed then to such observations on the several articles, as will shew the other alterations which are to be attempted, and the degree of importance respectively attached to them.
1st. Without a provision against impressments, substantially such as is contemplated in your original instructions, no treaty is to be concluded.
2d. The eleventh article on the subject of colonial trade, cannot be admitted, unless freed from the conditions which restrict to the market of Europe, the re-exportation of colonial produce, and to European articles, the supplies to the colonial market.
3d. The change made by the 3d article in the provisions of the treaty of 1794, relative to the trade with the British possessions in India by limiting the privilege to a direct trade from the U. States, as well as to them, is deemed an insuperable objection.
4th. Either an express provision is to be insisted on for indemnifying sufferers from wrongful captures, or at least a saving in some form or other, of their rights against any implied abandonment.
5th. Articles 18 and 19 to be so altered as to leave the U. S. free, as a neutral nation, to keep and place other belligerent nations on an equality with G. Britain.
6th. No such alternative as is presented by the declaratory note on the subject of the French decree of November 21st, 1806, will be admissible.
First. The considerations which render a provision on the subject of impressments indispensable, have been already sufficiently explained.
Second. The essential importance of the amendment required in the 11th article, results from the extensive effect which the article, if amended, would have on the system of our commerce as hitherto carried on, with the sanction or acquiescence of G. Britain herself.
It was hoped that the British government in regulating the subject of this article, would at least have yielded to the example of its treaty with Russia. It could not have been supposed that a modification would be insisted on, which shuts to our neutral commerce important channels, left open by the adjudication of British courts, and particularly by the principle officially communicated by that government to this, through Mr. King, in the year 1801.
According to that principle and those adjudications, the indirect trade through our neutral ports, was as free from enemy colonies, to every other part of the world as to Europe; and as free to such colonies, in the articles of all other countries, as in European articles.
According to the tenor of the article, and the general prohibitory principle assumed by Great Britain, to which it has an implied reference, the productions both of the continental and of the insular colonies in America, can no longer be re-exported as heretofore to any part of Asia or Africa, or even of America, and consequently can no longer enter into the trades carried on from the U. S. to the Asiatic or African shores of the Mediterranean, nor to any of the places beyond the cape of Good Hope, offering a market for them; nor finally to any other enemy or neutral colonies in this quarter, to which in reason, as well as according to practice, they ought to be re-exportable as to the countries in Europe to which such colonies belong.
In like manner the importations from beyond the cape of Good Hope, more especially the cotton fabrics of China and India, can no longer be sent as heretofore to the W. Indies, or the Spanish Main, where they not only now yield a great profit to our merchants, but being mixed in cargoes with the produce of this country, facilitate and encourage the trade in the latter. Besides the effect of the article in abridging so materially our valua-
ble commerce, the distinction which it introduces between the manufactures of Europe and those of China and India, is chargeable with evils of another sort. In many cases it might not be easy to pronounce on the real origin of the articles. It is not improbable that supposititious attempts also might be occasionally made, by the least scrupulous traders. With such pretexts as these, arguing from the abuse made of less plausible ones, the interruptions and vexations of our trade, by the greedy cruisers which swarm on the ocean, could not fail to be augmented in a degree, not a little enforcing the objection to the article in its present form.
As the prohibitory principle of Great Britain does not extend to the case of a colonial trade usually open, and no judicial decision has professedly applied the principle to such a trade, it is a reasonable inference, that the article will not be so construed as to interfere with the trade of that description, between enemy colonies beyond the cape of Good Hope, and other countries and ports in that quarter. But on the other hand, it may not be amiss to guard against a construction of the article that would abolish the rule observed in the prize courts of Great Britain, which, in the case of the eastern colonies, presumes that these ports were always open, and thereby throws on the captors, instead of the claimants, the advantage of proving the fact in question.
It is observable, that the duration of this article is limited to the period of the present hostilities, whilst the others are to be in force for ten years; so that if there should be a peace and a renewal of the war, as is very possible, within the latter period, the onerous parts of the bargain would survive a part, in consideration of which, they were assumed. Justice and reciprocity evidently require that the more important articles of the treaty should be regarded as conditions of each other and therefore that they should be co-durable.
In this point of view, you will bring the subject under reconsideration; & without making this particular amendment an ultimatum, press it with all the force which it merits. This amendment ought to be the less resisted on the British side, as it would still leave to that side, an advantage resulting from the nature of the two great objects to be attained by the U. States, namely the immunity of our crews, and of our neutral commerce, which are connected with a state of war only; whereas the stipulations valued by Great Britain, will operate constantly throughout the period of the treaty, as well in a state of peace, as in a state of war.
Whatever term may finally be settled for the continuance of this regulation, it will be proper to retain the clause which saves the right involved in the article from any constructive abandonment or abridgement. Even the temporary modification of the right, as it will stand without the inadmissible restrictions now in the article, is considered as an important sacrifice on the part of the United States to their desire of friendly adjustment with Great Britain. To an admission of the article with these restrictions, the President prefers the footing promised to the colonial trade, by the deference of Great Britain for the maritime powers, and by an unfettered right of the U. States, to adapt their regulations in the course which her policy may take.
That the operation of the articles in its present form, might be more fully understood, it was thought proper to avail the public of the ideas of a citizen of great intelligence and experience with respect to our commerce. His remarks, contained in a paper herewith inclosed, afford a valuable elucidation of the subject. They will suggest at the same time, some explanatory precautions worthy of attention, particularly to the case of articles, which paying no duty on importation into the United States do not fall under the regulations of drawbacks; and in the case of securing by bond, instead of actually paying, the duties allowed to be drawn back. It appears by the observations in your letter of January 3d, that the bond was understood, as it surely ought to be, equivalent to actual payment. But this is a point so material, that it cannot be too explicitly guarded against the misinterpretation of interested cruisers, and the ignorance or perverseness of inferior courts.
Third. The necessity of the change required in the third article, in order to secure an indirect, as well as a direct trade to the British East Indies, will be fully explained by the observations which have been obtained from several of our best
informed citizens on that subject, and which are herewith inclosed.
As this latitude of intercourse was stipulated by the 13th article of the treaty of 1794, as judicially expounded by British superior courts; as it was enjoyed by the United States prior to that epoch, and has been always enjoyed, both before and since by other friendly nations; and as there is reason to believe that the British government has been at all times, ready since the article expired, to renew it in its original form, it may justly be expected that the inserted innovation will not be insisted on. Should the expectation fail, the course preferred is to drop the article altogether, leaving the trade on the general footing of the most favored nation, or even trusting to the interest of Great Britain for such regulations as may correspond with that of the U. States.
Should the negotiation take up the East India article of the treaty of 1794, you will find several amendments suggested in the extracts above referred to, some of which may be attempted with the greater chance of success, as they are harmless, if not favorable to the British system. To these suggestions may be added, a privilege to American vessels of touching at the cape of Good Hope. The objection to such a stipulation, under the present defeasible title of Great Britain to the Cape, may be obviated by a descriptive provision, not necessarily applicable to it, in the event of its restitution by a treaty of peace, but embracing it, in case the British title should be established by that event: It may be agreed "that vessels of the United States may touch for refreshment at all the ports and places in the possession of Great Britain on, or in the African or Asiatic seas."
Fourth. Without a provision, or a reservation, as to the claims of indemnity, an abandonment of them may be inferred from a treaty as being a final settlement of existing controversies. It cannot be presumed, that a precaution against such an inference, in any mode that may be most effectual, can be opposed or complained of. On the contrary, it excites just surprise, that so much resistance should be made to indemnifications supported by the clearest rules of right, and by a precedent in a former treaty between the two countries, from which so many other articles have been copied. The only colorable plea for refusing the desired provision, flows from a presumption, not only that the British courts are disposed, but that they are competent, to the purpose of complete redress. Not to repeat observations heretofore made on this subject, an unanswerable one is suggested by the clause in the article
of the treaty, annulling the principle, or rather the pretence, that vessels without contraband of war on board, returning from a port to which they had carried articles of that sort, were subject to capture and condemnation. Previous, even to this recognition, it had been settled as the law of nations, by the British high court of admiralty, that vessels so circumstanced, were exempt from interruption. Yet a British order of August, 1803, expressly declares them to be lawful prizes; and it is well known, that a number of American vessels, have been seized and condemned under that order. Here then is a class of wrongs, undeniably entitled to redress, and which neither can, or ever could possibly be redressed, in the ordinary course; it being an avowed rule, with prize courts, to follow such orders of the government, as either expounding or suspending the law of nations. Even cases not finally decided, would probably be considered as falling under the rule existing at the time of the capture, and consequently be added to this catalogue of acknowledged, but unredressed injuries.
Fifth. Articles 18 and 19—An effect of these articles is to secure to British cruisers and their prizes a treatment in American ports, more favorable than they are permitted to those of an enemy; with a saving of contrary stipulations already made, and a prohibition of any such in future. As none of our treaties with the belligerent nations (France excepted) stipulate to their cruisers an equality in this respect, and as there are parties to the war, with whom we have no treaties, it follows that a discrimination is made, in the midst of war, between the belligerent nations, which it will not be in the power of the U. S. to redress.
Weighty considerations would dissuade from such a deviation from a strict equality towards belligerent nations, if stipulated at a time least liable to objection. But it would be im-

possible to justify a stipulation, in the midst of war, substituting for an existing equality, an advantage to one of the belligerent parties over its adversaries; and that too, without any compensation to the neutral, shielding its motive from the appearance of mere partiality. Hitherto the U. S. have avoided as much as possible such embarrassments: and with this view have gratuitously extended to all belligerents the privileges stipulated to any of them. Great Britain has had the benefit of this scrupulous policy. She can therefore with the less reason expect it to be relinquished for her benefit.
The last paragraph of the 19th article, establishes a just principle as to the responsibility of a neutral nation, whose territory has been violated by captures within its limits; but by extending the principle to the two miles added to our jurisdiction by the 12th article, qualified as that addition is, it is made peculiarly important that an amendment should take place.
Passing by the failure of a reciprocity, either in the terms or the probable operation of the responsibility, the U. S. seem to be bound to claim from the enemies of G. Britain redress for a hostile act, which such enemies may not have renounced their right to commit within the given space; making thus the U. S. liable to the one party, without a correspondent liability to them in the other party; and at the same entitling G. Britain to redress for acts committed by her enemies, which she has reserved to herself a right to commit against them.
Should all the other belligerent nations, contrary to probability, concur in the addition of two miles to our jurisdiction, this construction would still be applicable to their armed ships; those unarmed alone being within the additional immunity against British cruisers; and the armed as well as the unarmed ships of G. Britain, being expressly within the additional responsibility of the U. S.
Sixth. No treaty can be sanctioned by the U. S. under the alternative presented by the declaratory note on the subject of the French decree of November 21. It is hoped that the occasion which produced it will have vanished, and that it will not be renewed in connection with a future signature on the part of G. Britain. The utmost allowable in such a case would be a candid declaration that in signing or ratifying the treaty, it was understood on the part of G. Britain, that nothing therein contained would be a bar to any measures, which if no such treaty existed, would be lawful as a retaliation against the measures of an enemy. And with such a declaration, it would be proper, on the part of the U. S. to combine an equivalent protest against its being understood, that either the treaty or the British declaration would derogate from any rights or immunities, against the effect of such retaliating measures, which would lawfully appertain to them, as a neutral nation, in case no such treaty or declaration existed.
Having given this view of the alterations which are to be held essential, I proceed to notice such others as though not included in the ultimatum, are to be regarded as more or less deserving your best exertions. This will be most conveniently done by a review of the several articles in their numerical order.
The 2, 4 and 5, all relate the trade and navigation between the two countries. The two first make no change in the stipulations of the treaty of 1794. The last has changed, and much for the better, the provisions of that treaty on the subject of tonnage and navigation.
Two important questions however, enter into an estimate of these articles.
The first is, whether they are to be understood as a bar to any regulations, such as navigation acts, which would merely establish a reciprocity with British regulations. From the construction which seems to have been always put on the same stipulations in the treaty of 1794, it is concluded that no such bar could be created, & consequently that the articles are in that respect unexceptionable. It may be well, nevertheless, to ascertain that the subject is viewed in this light by the British government.
The second question is, whether the parties be, or be not, mutually restrained from laying duties, as well as prohibitions, unfavorably discriminating between articles exported to them, & like articles exported to other nations.
According to the construction put by the U. S. on the same clauses in the treaty of 1794, the mutual restraint was applicable to discriminations of both kinds. The British discriminating duties on exports, introduced under the name of convoy du-
ties, and since continued and augmented under other names, were accordingly combated, during the existence of the treaty, as infractions of its text. The British government, however, never yielded to our construction, either in discussion or in practice. And it appears from what passed in your negotiations on this subject, that the construction which is to prevail, admits discriminating duties on exports.
In this point of view, the stipulation merits very serious attention. It cannot be regarded as either reciprocal or fair in principle, or as just and friendly in practice.
In the case of prohibitions, where both governments are on an equal footing, because it is understood that both have the authority to impose them, neither is left at liberty to exercise the authority.
In the case of duties, where the British government possesses the authority to impose them, but where it is well known that the authority is withheld from the government of the U. S. by their constitution, the articles are silent, and of course the British government is left free to impose discriminating duties on their exports, whilst no such duties can be imposed by that of the U. S. How will it be in practice? Stating the exports of G. Britain to the U. S. at six millions sterling only, the present duty of 4 per cent. levies a tax on the U. S. amounting to 240 thousand pounds, or one million, sixty-five thousand, six hundred dollars; and there is nothing, whilst the war in Europe checks competition there, and whilst obvious causes must for a long time enfeeble it here, that can secure us against further augmentations of the tribute.
Even under a regulation placing the U. S. on the footing of the most favored nation, it appears that the British government would draw into its treasury from our consumption three eighths of the revenue now paid by the U. S. Such a footing, however, would be material, as giving the U. S. the benefit of the check accruing from the more manufacturing state of the European nations. But to be deprived of that check by the want of an article, putting us on the footing of the nations most favored by G. Britain, and at the same time deprived of our own checks by clauses, putting Great Britain on the commercial footing of the nations most favored by the U. S. would in effect confirm a foreign authority to tax the people of the U. S. without the chance of reciprocity or redress.
The British duty on exports to the U. S. has another effect, not entirely to be disregarded. It proportionally augments the price of British manufactures, re-exported from the U. S. to other markets & so far promotes a direct supply from G. Britain, by her own merchants and ships. Should this not be the effect of her regulations as now framed, there is nothing that would forbid a change of them, having that for its object.
On these considerations it is enjoined upon you by the President, to press in the strongest terms, such an explanation or amendment of this part of the treaty, as will, if possible, restrain G. Britain altogether from taxing exports to the U. S. or at least place them on the footing of the most favored nation, or if neither be attainable, such a change in the instrument in other respects, as will reserve to the U. S. the right to discriminate between G. Britain, and other nations in their prohibition of exports, the only discrimination in the case of exports, permitted by the constitution. The unwillingness of the President to risk an entire failure of the projected accommodation with G. Britain, restrains him from making an amendment of this part of the treaty, a sine qua non; but he considers it so reasonable, and so much called for by the opinions and feelings of this country, that he is equally anxious and confident with respect to a compliance on the part of the British government.
(To be continued.) ORDERED that DANIEL BRENT administrator of EDWARD KILLEN, deceased, give notice for creditors to exhibit their claims against the deceased, by advertisement in the usual form, inserted once a week for three weeks in the National Intelligencer.
JOHN HEWITT, Reg.
THIS is to give notice that the subscriber has obtained from the Orphan's Court of the county of Washington, in the district of Columbia, letters of administration on the personal estate of Edward Killen, late a mariner of the United States' Schooner Enterprise, deceased. All persons having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof, to the subscriber on or before the 23d day of November next; they may otherwise by law be excluded from all benefit of the said estate.
DANL. BRENT, Adm'r. with the will annexed of Edward Killen. Washington, May 22—w3t.
WASHINGTON CITY.
MONDAY, MAY 23.
The following extract of an address from the House of Representatives and Legislative Council of Orleans to the President of the United States, displays a patriotic spirit not unworthy an elder sister of the Union:
"We have witnessed with infinite concern, that a dignified and impartial neutrality towards the belligerent nations of Europe, has not been sufficient to protect the U. S. against encroachments upon their rights, dignity, and independence; and although we deprecate war, if there is no other alternative but disgraceful submission to unlawful, arbitrary and unjust pretensions, we assure you, sir, in the name of our constituents, that whatever sacrifices and privations it may be necessary to make, they will cheerfully submit to them, in vindicating the rights of the American people, and the honor and independence of the government and country."
We are sorry to state that from the Western papers we learn that our Indian neighbours have lately manifested dispositions hostile to the Americans. An engagement lately took place between them and the crew of a boat ascending the river Tennessee, in which three of our citizens were killed, and three wounded. It is also stated that this unusual commotion is accompanied by circumstances which point unerringly to its source—foreign agency.
NEW-YORK ELECTION.—The Citizen states it as certain, that fifty-eight members of the Assembly are republican, and 42 federal; and that it is probable, that of the remaining 12, eight will be republican and four federal; giving, on the final result, the republicans a majority of 20. In the Senate the republican preponderance is still greater. So much for federal triumph!
ORDERS OF COUNCIL.
The Parliament of England has sanctioned these orders, and they are therefore become as binding upon the world, according to the interpretation of the British government, as if they formed a part of the law of nations. From the sample which we are about to record of the operation of these orders on the remaining commerce of the United States, may be estimated the wisdom of the embargo.
The ship Abula, capt. Dillingham, carried from the port of New-York to Gibraltar a cargo of flour, which was sold to the garrison. From Gibraltar she proceeded to Barcelona, where she took in a cargo of brandy; and whence she sailed for the port of New-York. On her passage home, she was captured by the British, and carried into Gibraltar, where she was condemned, as the instrument of condemnation states, "for contravening his majesty's orders of council." She was condemned at the place and by those whom she had just supplied with food! Her outward cargo was our native produce.
The schooner Eliza, of Stonington, with an outward cargo of fish, was captured on her passage home, and similarly condemned.
From the Albany Register.
It appears, that a number of turbulent and unprincipled characters, on our northern frontier, have combined to defeat the operation of the embargo law—in consequence of which the President of the U. S. has issued a proclamation, for quelling such riotous, seditious and treasonable combinations.
This is the first time, since the establishment of our independence, that any portion of the citizens of the state of N. York has arranged itself in forcible opposition to the laws of the U. S. For the honor of the state, whose character is disgraced by such infamous proceeding, we hope the deluded conspirators may be speedily brought to a sense of their duty. That the enemies of our country, and its free government, should be capable of endeavoring to excite the people to illegal and disorderly opposition to the laws, is what we had reason to expect—but we did not believe that even the smallest portion of the citizens of this enlightened state could be excited to the commission of acts so criminal and disgraceful. From the late movements of the British among the western Indians—it is not improbable, that in this northern ferment, British agency and British gold have been employed to stir up sedition, and tarnish the character of our state.
St. Albans, (Vt.) May 5.
A number of militia have been this day detached from this regiment, by order of the governor, to enforce the laws of the United States, and quell
all combinations against the due observance of the same. The detachment from Vermont is commanded by Captain Hopkins of Swanton, and we believe consists of about 25 men, who are or will be immediately joined by a detachment from New-York side, to proceed with all dispatch to the British lines, in order to prevent the passing of a large quantity of lumber in rafts, which is now near the lines. There is now a heavy gale from the south, and the rafts being supplied with such a quantity of sail, that we think it hardly possible for human force to restrain their movements, till they pass the provincial line. We hope no serious consequences will arise from this conflict between the sovereignty of the U. S. and the sovereignty of pecuniary want.
Bennington, May 8.
Gov. Smith is said to have gone to the northward to reconcile the opposers of the embargo.
A report is in circulation, that an engagement lately took place on lake Champlain, between the crew of a large raft and the custom-house guards, in consequence of the former attempting to pass: thirty-nine were severely wounded and one killed. It is supposed that they were conveying large quantities of tea into Lower and Upper Canada.
From the Utica Patriot.
By a gentleman directly from Vermont, we are informed, that in an attempt of the inhabitants to take a large raft to Montreal, contrary to the embargo laws, they were resisted on Lake Champlain, by two sloops belonging to the government—when an action took place, in which fourteen or fifteen men were wounded. The raft made its escape and proceeded to its place of destination.
We learn by a gentleman from Vermont, who resides near Lake Champlain, that the raft preparing to go down the Lake to Montreal was near half a mile long, had a regular fort built upon it ball proof, and is manned with between 5 and 600 men armed. The raft is represented to contain all the surplus produce of that state raised the year past, such as wheat, pot-ash, pork, beef, &c. and said to be worth rising of three hundred thousand dollars. Gov. Smith of Vermont has ordered out the militia to arrest the progress. It is feared this cruel and arbitrary policy of forbidding intercourse with our neighbors will cost the lives of some of our most valuable citizens.
N. Y. E. Post.
"A gentleman from Vermont" has communicated that a raft is preparing on Lake Champlain nearly half a mile long, and which is to contain all the surplus produce of that state, to be transported to Montreal. A fort also, he reports, is erected, which is "ball proof." He also informs that Gov. Smith has ordered out the militia to intercept this armament, and if all is true, that the "gentleman from Vermont" reports, dreadful consequences must ensue. A raft half a mile in length would require a large space of water for its navigation. There certainly is no lake or river in the known world in which it could perform any evolutions, and valuable citizens certainly would be "despicable fools," to venture their persons or their property in such an undertaking. Oracle.
Extract of a letter from an American merchant, to another in Philadelphia. dated PARIS, MARCH 11.
"All cases of capture or seizure of American property, which have occurred under the Milan decree, remain suspended; and the council of prizes has positive orders not to proceed in them, till further instructed—and it is believed the emperor will decide nothing, before he knows the result of Mr. Rose's mission. If matters are arranged with England, I fear that all American property now under sequestration, as well as that captured, will be confiscated and condemned: but if on the contrary, the negotiation with England is broken off, it is confidently expected that all American property will be immediately released. Every American here was much gratified with the news of the embargo; and certainly even those who disapproved of the measure at the time, will acknowledge its wisdom and salutary effect after hearing of the British orders of 11th November, and of the French decree of 17th December."
"Every ship detained at home by the embargo has been saved from capture by the British or sequestration by the French whose conduct has been equally unjust and injurious; I hope it will be continued till they both agree to respect our neutrality."
Extract of a letter from Bordeaux, to a respectable mercantile house in N. York, dated the 27th of March, 1808.
"The Osage arrived at L'Orient on the 23d inst. in 23 days from New-York, and her dispatches have gone
on to Paris. We are anxiously waiting their result, which I am very apprehensive will not be of a very satisfactory nature, as this government will not probably suspend the operations of the late decrees on the American commerce unless the U. S. will join the confederacy against England. It is also to be feared that the negotiation with the British government will not take a more fortunate turn, unless their present peculiar situation should induce them to abandon principles, of which they have hitherto been obstinately tenacious."
The brig St. Michaels, Henry Kenyon, commander, parted with her pilot at one o'clock on the 7th of May, off Cape Henry, wind strong from the N. W. She takes out two messengers, one for France, the other for England—the latter, Mr. Purvance, takes his family. There are several passengers on board—among the number are Mr. Rembrandt Peale, of Philadelphia, and Mr. Wm. Saltonstall, of New-York.
Phila. Pa.
A duel was fought in N. Carolina the 7th inst. between lieut. Melancton Smith, of New-York, and capt. Hall, of Marines, both officers on board the Chesapeake frigate. Mr. Smith was slightly wounded in the hip. The challenge was given by Smith, in consequence of evidence given by Hall before the court martial.
A vessel has arrived at Newbern, N. C. in a short passage from St. Vincents, with intelligence that the town of Kingston, in that island, has been totally destroyed by fire; and that the inhabitants have risen en masse, and massacred most of the constituted authorities.
Markets at St. Croix—(17 days since)—Flour $36 per barrel; Corn meal, $100 per hhd.
NOW LANDING
From on board the schooner VIRGINIA From New York.
First quality St. Croix SUGAR in hogs-heads, prime green COFFEE in bags, fresh TEAS, Bordeaux CLARET in boxes of one dozen each, SWEET OILS, OLIVES, CAPERS & ANCHOVIES, for sale by
ROSS & GETTY.
George Town, May 23—tf
PUBLIC SALE.
THE sale of the real estate of Gustavus Scott, deceased, heretofore advertised, being postponed by order of the Chancellor, the subscriber as trustee, will sell at public auction, at Van Wyck & Dorsey's Auction Room in the city of Baltimore, on Friday the 17th day of June next at 12 o'clock, the following tracts of unimproved land lying in Allegany county, to wit:
acres. Governor's Neglect, containing 1031 Roby's Delight, 421 Ormes Attn. ton, 684 Chesnut Grove, 461 Now or Never, 600 Hard Struggle, 1554 Lot No. 2487, 50 Western Connection, 15484
The lands above mentioned are well watered and timbered, the soil good, and well calculated for grazing, and will be divided so as to suit those who wish to purchase.
A further description of the property will be given to any person wishing to purchase, on application to the subscriber.
The terms of sale are, that the purchaser or purchasers of the whole or any part of the above lands, shall give bond with security to be approved of by the trustee for paying the purchase money within twelve months from the day of sale. The creditors of Gustavus Scott, deceased, who have not yet exhibited their claims, are hereby notified to bring the same into the Chancery Court with the vouchers thereof within six months from the day of sale aforesaid.
ROGER PERRY, Trustee. Cumberland, May 23—3w.
SALE AT AUCTION.
On Saturday the 28th inst. will be offered at public sale, the following GOODS, just received, which the subscriber can recommend to the attention of dealers. The sale to commence at 10 o'clock, near the Ferry Wharf, at the foot of High-street. Terms of sale: All sums under 100 dolls. cash; over 100 dolls. and less than 200 dolls. 60 days; and all sums over 200 dolls. for negotiable Notes at the Bank of Columbia, or Office of Discount and Deposit, in the city of Washington, with approved endorsers—viz.
Muscovado Sugar in hogsheads, East India do. in bags, Muscatell and bloom raisins, fresh and excellent quality, Soft-shelled almonds do. do. Mould and dip candles of best quality, Sweet scented chewing tobacco, very fine,
A few pipes and half pipes of London particular Teneriffe wine, having had the advantage of several sea voyages, and warranted as pure and genuine as when exported from the island several years ago.
Samples of the above may be seen at the Auction Room of the subscriber, who is authorized to dispose of any part of the above cargo between this and the day of sale.
JOHN TRAVERS, Auct. Geo. Town, May 23—epts

WANTED
AT the Woodyard for the ensuing year a Manager, to take charge of the whole estate. He must be a sober, diligent and discreet man—well acquainted with the culture of wheat, corn and tobacco, and the management of negroes. To such a man who can produce unquestionable testimonials of his capacity, sobriety and fidelity, high wages will be given. A person not connected in the neighborhood will be preferred.
Apply to RD. W. WEST, Woodyard. N. B. Application must be made before the 1st. Sept. next. May 15—ept5
NOTICE.
THE Subscriber being anxious to settle all his business, has sold his entire stock of goods to John Peter; he therefore requests all those indebted to him to call and pay their accounts, (particularly such as are of long standing, as further indulgence cannot be given them). His Books are removed to the counting house of Baker, Riggs, and Co. where all his accounts will be ready for settlement by his assistant Mr. Samuel C. O'Fall, or ELISHA RIGGS. George Town, March 16—tf
ONE HUNDRED DOLLARS REWARD.
RAN away on the evening of the 7th inst. a bright Mulatto Man, named BOB, (who calls himself Robert Thomas), about 5 feet 10 inches high, 24 or 25 years of age, has large black eyebrows, large full eyes, not very dark, and is a stout, well made, handsome fellow. His hair is thick, but not quite straight, and he wears it nicely trimmed, combed and ridged on the top. His beard appears very black if suffered to grow for a day or two, but he usually shaves it very closely. He has recently received an injury on the forefinger of the left hand, and has it bound up, and may probably lose the first joint of it. He speaks deliberately, and is more correct in conversation than persons of his color usually are. He walks slowly, is a very good waiter, but delights particularly in attending to horses. He has a variety of cloaths, and took with him one dark green broadcloth coat and pantaloons with yellow buttons, one cloth coat and pantaloons nearly of the same color, but the cloth of inferior quality, with white metal buttons, one blue cloth coat much worn, one old brown surcoat with covered buttons, a good hat, and a pair of black top boots. The rest of his apparel I am unable particularly to describe. He is fond of wearing boots, and pays great attention to his dress.
As he can read and write very well, he may probably produce a forged authority for him to pass, or procure the certificate of some one of the Negroes, who, a few years ago, petitioned by the name of Thomas, and obtained their freedom in Maryland. If taken out of the state of Maryland and district of Columbia, and secured in any jail, so that I shall get him again, the above reward will be given, or sixty dollars if taken and secured within the said state or district; all reasonable expenses will all also be paid if he should be delivered to me in the city of Washington, or to Dr. Richard Ducket, in Prince George's county, Maryland. He is well acquainted in Annapolis, Baltimore, Geo. Town, and the city of Washington.
ALLEN B. DUCKETT. May 13—eptf
RUNAWAYS.
WAS Committed to my custody as Runaways, a negro man and woman, who call themselves by the names of Thomas W. Ashton, and Betty Ashton; they say that they obtained their freedom, in Westmoreland county Virginia, at June term 1803. Tom is about 50 years of age, about 5 feet 9 inches high; Betty is of a common size, and appears to be about 45 years of age; their clothing is very indifferent; they are in possession of something like certificates of their freedom, signed by Joseph Fox, clerk of Westmoreland county. The owner or owners of them are desired to take them away, or they will be sold for their expenses agreeably to law.
JOHN FLEMING, Sheriff of Montgomery county, Md. May 6—7t
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—taw
TO RENT.
AND possession given the 13th June next, that house on Pennsylvania Avenue, the property of the Washington Building Company, at present occupied by Mr. Solomon Myers—it being so well known, it is not deemed necessary to give a peculiar description of it, suffice it to say, it is calculated for an extensive tavern and boarding house—for terms, apply to MR. THOMAS HERTY, Sec. to said Company. April 29—tf.
Bank of Columbia, March 18, 1808. THE President and Directors having this day declared a Dividend on the capital stock of the institution for the half year ending the 20th inst. at the rate of eight per cent. per annum, the same will be paid to the stockholders or their representatives on Monday the 21st inst. or at any time thereafter. WM. WHANN, Cash. ep6w.
PORT WINE.
Of very good quality in casks, each one inclosed in a dry case for security against any adulteration, with a small parcel of other excellent Wines in casks and in bottles; among which are Red & White Claret, Dry Lisbon, and very old Brazil Madeira Wine, just received and for sale, by JOHN GOULDING Who has on hand as usual an assortment of choice Liquors of most kinds used here. Georgetown, March 25—
WAR DEPARTMENT.
May 12, 1808. PROPOSALS in writing will be received by this Department, until the 1st day of August next, for manufacturing muskets with bayonets, of the kind and dimensions manufactured at the United States' armouries at Springfield, Massachusetts, and at Harper's Ferry, Virginia, every part to correspond in dimensions, materials, workmanship, and proof with the samples, which will be given from one or the other of those armouries, or from Mr. Whitney's armoury at New Haven in Connecticut.
It will be unnecessary for any one to offer terms, unless the price shall be reasonable, and not exceeding Ten Dollars and seventy five cents. Any person inclined to contract for the delivery of from five hundred to two thousand stands a year, for five years, will, on the execution of the contract, and entering into bond with approved sureties for the faithful performance thereof, receive in advance, if required, a sum equal to the amount of the contract price of the number he shall agree to deliver the first year; and such other subsequent advances, as his punctuality in the faithful performance of his contract may entitle him to. No proposals will be attended to, unless from persons of such character, as can be fully relied on for a faithful and punctual performance of their contracts, and who can give ample and satisfactory security for the correct fulfilment thereof. No muskets will be received under any contract, that shall not, on a full and correct inspection by persons appointed for the purpose, be found, in all their parts, and in workmanship, fully to correspond with the patterns. H. DEARBORN, Secretary of War. May 16—2aw3w
40 DOLLARS REWARD.
FOR apprehending and bringing home, or the one half for securing in jail so that we get them again, OLIVER & DAVID who runaway from the subscribers living in Madison county, Virginia, on the 17th of Feb. last. Oliver, a middling stout made fellow, near 6 feet high, about 46 years old, some few grey hairs to be seen about his temples, a little yellow complexioned. David, a large stout made fellow, about 6 feet high, 26 years old, thick lips and full face, and has a brand with the letter G on his right cheek, it looks dim, hardly discoverable without close inspection; dark complexioned. Said negroes ran away last summer, and was apprehended. One was committed to Fairfax jail, and the other was committed to Dumfries jail, and do expect they have gone that way again, aiming for Maryland, and may have provided themselves with a pass and attempt to pass as free people. We do hereby forewarn all masters of vessels and others from taking on board the vessels the said negroes or secreting them any other way under the strictest penalties of the law. THOS. GRAVES, Jun. THEOPHILUS EDDINS. April 25—4w
ROSS AND GATTY,
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, Wafers, Trays, polished steel Shovel and Tonges, with cu and brass heads, &c. &c. January 9—tf
SALE.
On Monday the 23d inst. will be sold, at Public Auction, at the house of the subscriber, the remains of his stock of Dry Goods & Groceries—Also his Household Furniture; until which time, he will sell good bargains to merchants or others. Sale to commence at 11 o'clock, A. M. N. B. He will sell at private sale, on a liberal credit, the House he now occupies; a small Frame House near to the Tobacco Warehouse; several Lots of Ground on the square on which Mr. Cherry lives, and one Lot fronting the Marine Barracks. There is no property in the city in better situations. ALEX. COCHRAN, jr. May 18—3t
THIS IS TO GIVE NOTICE,
THAT the subscribers of Washington city 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 said estate are hereby warned to exhibit the same to the subscribers on or before the 1st day of December next, they may otherwise by law be excluded from all benefit of said estate. Given under our hands this 9th day of May in the year 1808. JOHN MCGOWAN, MICHL. NOURSE. May 11—6t
BAKER, RIGGS & Co.
AT E. Riggs' old stand, (sign of the Plough) a few doors above the Union Tavern. Have just received a large supply of SPRING GOODS; Among them are fancy muslins, undressed chintzes, ginghams, linen cambrics, cambric handkerchiefs, long lawns, fancy printed robes, long shawls, Leno veils, Italian silks, spring bonnets, gloves, flowers, hosiery, ribbons, ladies' and gentlemen's umbrellas, India crapes, white jeans, fancy Mar-seilles, tablecloths, Irish linens, superfine cloths, 4.4 and 3.4 Russia diapers, and many other fancy and substantial articles; all of which have been selected at the best markets, (principally for cash) enables them to sell very low. Geo. Town, April 5—M&F6w
AGREAT 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
MR. JOSHUA B. BOND'S celebrated running HORSE.
FIRST CONSUL, WILL stand this season, at the subscriber's farm in Prince Georges county, Maryland, about seven miles from Queen Anne, ten from Bladensburg, the same distance from Upper Marlborough, and about sixteen miles from the city of Washington; at Twenty-Five dollars the season, and one dollar to the groom; but Twenty-One dollars will be received in full if sent with the mares; if the money is not sent with the mares it is requested that notes of hand will be sent at that time, given for Twenty-Six dollars, payable at the expiration of the season, which will commence immediately and end the 1st of August. Good pasture will be furnished gratis, as soon as the grass is good, and in the mean time, hay and corn furnished at the common price, for the mares according to orders. The utmost care will be taken of the mares, but I will not be answerable for accidents or escapes. Consul is of fine figure, beautiful bright bay, with a small blaze in his face, and his hind ankles white; full 15 and 1-2 hands high. It is expected that the stock from Consul and well bred mares, will not be surpassed by the stock from any horse (scarcely) in America, for the turf, carriage, or saddle; or even from Consul and good looking mares, which have none of the running blood; their colts cannot be other than elegant in a carriage or under the saddle.
Such mares as have little, or not any of what is supposed to be running blood in them, may be put to Consul at half price, the money sent with the mares. It should be preferred by gentlemen living beyond Bladensburg and Upper Marlborough, who wish to breed from Consul, by giving notice to the subscriber, he can be sent one day in each week to each place, from the first day of April, while there will be any mares to send to him from either of those directions; say Bladensburg on Tuesday, and Upper Marlborough on Saturday. ISAAC DUCKETT. March 12, 1808. PEDIGREE OF FIRST CONSUL. HE was foaled in Philadelphia county, June 1798, got by the noted running horse Flag of Truce, his dam by the imported horse Slender, his granddam from the imported mare Diana, Diana was got by Old Eclipse, Slender was got by King Herod, who produced more runners than any other horse, in England, as may be seen by the Racing Calendar, therefore it may in truth be said on the dam side of First Consul, the two great grand sires were the best horses England ever produced. Flag of Truce was bred by colonel Good of Virginia and was esteemed the best turf horse in his day and was the sire to colonel Taylor's famous running horse Leviathan. First Consul has won either 20 or 22 purses from 100l. and 100g. and never started against a horse he did not outrun until the fall he was eight years old—the spring following he won three purses and distanced the field the first day at New Market on Long Island. JOSHUA B. BOND, Philadelphia. March 18—eptM&wtf
NOTICE.
PURSUANT to an act of the General Assembly of Maryland, passed at November session, 1806, entitled "An act authorizing the collection of certain ground rents due on lots in the Town of Cumberland, in Allegany county," and a supplement thereto, passed at November session, 1807, Public Notice is hereby given to all persons holding unimproved lots in said town, on which ground rents are now due, that unless the said rents are paid on or before the first day of December next, the said lots will on that day be offered at public sale to the highest bidder, on a credit of 60 days. The sale to be held at Mr. J. Rine's tavern in said town, to commence at ten o'clock, A. M. and continue from day to day, until the whole are sold. THOMAS BEALL, of Saml. March 21—ept5
IN obedience to the decree of the High court of Chancery of Maryland will be sold to the highest bidder at Semmes's tavern George Town, on the 31st. instant at 11 o'clock, A. M. all the right, title, and interest of Thomas Clark, deceased, in and to sundry Lots of ground in Thomas Beall of Georges' addition to George Town, purchased of John M. Gantt, esq. being the four easternmost Lots purchased by said Gantt of Thomas Beall of George, esq. and in and to Lots No. 8, 9, 10, 11, 12, 13, 14, 15, and 16 in square No. 8 in the city of Washington and to part of Square No. 3. in said city. The purchaser to give bond with satisfactory security for the payment of the purchase money with interest from the day of sale, payable in fifteen months after said day of sale. All persons having claims against the said Thomas Clark, deceased, are requested to exhibit the same to the Register of the court of Chancery of Maryland aforesaid, with the vouchers to support them within three months from the said day of sale. JAMES S. MORSELL, Trustee. May 4—wtM31
TO BE LET,
After the 20th June next, THAT elegant, well built two-story BRICK HOUSE, lately the property of Mr. Wm. Woodward, on Pennsylvania Avenue. The stand is well known. Solomon Myers's lease for three years, at the rate of 250 dollars per annum, will expire on that day.—For terms enquire at Robert Underwood's, directly opposite. April 27—eptf
TAKE NOTICE.
WAS committed to the jail of Frederick county, Maryland, on the 20th day of April last, as a runaway, a negro man who calls himself JOHN ROMAN; he appears to be about 29 years of age, about five feet five or six inches high, well made, very black, and has a smiling countenance: his clothing when committed, was as follows—a blue cloth coat and pantaloon, a striped cotton waistcoat, an osnaburgh shirt, a pair of black woollen stockings, and one pair of shoes, all of which are pretty much worn; by trade, as he says, a blacksmith and gunsmith; he has a small scar between his eyes, and says he belongs to Bennet Taylor, of Jefferson county, Virginia, within six miles of Charlottesville, on the water of Bullskin, near the place it empties into the Shenandoah. The owner is requested to come and release him otherwise he will be sold for his prison fees agreeable to law. GEORGE CREAGER, jun. Sheriff, Frederick county, Md. May 13—w8t.
NOW LANDING
From on board the VIRGINIA, captain Philips from New York— 8 hlds. Prime St. Croix, scale sugars, 25 do. 2d and 3d quality do. do. 1 Pipe and 4 quarter casks, choice old Port Wine, 6 Qr. casks Catalonia do. 11 do. old Sherry do. 10 Do. London particular Teneriffe do. 12 boxes Claret, one dozen each, 5 Pipes New York anchor Gin, 2000 lb. Best Martinique green Coffee, 25 Boxes Olives, Capers & Anchovies, 12 Parcels extra wide and fine white Russia Sheetings, From on board the CITIZEN, capt. Sturges, from Charleston. 20 Bales first quality upland Cotton, 10 Tierces fresh Rice, And in store, 25 Pipes Cogniac Brandy, 8 Do. Holland Gin, Madeira, Lisbon, and Tercalaga wines, Old and new Whiskey, 20 Puncheons Antigua and St. Croix Rum, 30 Chests Hyson, Young Hyson, Hyson Skin and Imperial Teas, Loaf and Lump Sugars, Cassia in small bales, Sweet Oil in bottles and flasks, Segars, 1st and 2d quality, Demi-johns, Gin cases, &c. &c. &c. For sale by, W. & C. SMITH. George Town, May 20—2aw4w
MISS SINNOTT,
Lately from Baltimore, Has opened her ENGLISH ACADEMY for the education of Young Ladies, in an airy and convenient house, fronting North G. Street, near the Treasury Office, where will be taught the useful and ornamental branches of Female Education. Terms of tuition may be known at the Academy, of Mr. Francis Clark, and Mr. James Hoban. N. B. Four Young Ladies can be admitted as boarders on very moderate terms. May 20—3t
CHARLES H. VARDEN,
MERCHANT TAYLOR, 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 Spanelets 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. November 27—tf
ONE HUNDRED WORKMEN
AND A FEW TEAMS WANTED IMMEDIATELY to hew, saw, raft, and haul timber for the Washington Bridge—Constant employment may be had for six months by application to Andrew Scholfield in Alexandria, John Muncure at Aquia or William Hoe, jr. King George county, or to JOAN. & M. SCHOLFIELD. The printer in Fredericksburg is requested to publish this in his paper for three weeks. May 18—3t
BURAN AND BEALL.
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.
RUNAWAY.
WAS committed to the jail of Calvert county, state of Maryland as a runaway on the 17th of last April, a negro man, who says his name is JIM and belongs to Balden Lee of King Georges county state of Virginia, he is about 21 or 22 years old 5 feet 8 inches high, yellow complexion; his clothes are 1 green coat, blue cloth pantaloon homespun shirt. His owner is desired to release him or he will be sold for his jail fees agreeably to law. JOHN LEDWICK, Sheriff of Calvert county. May 18—3t
NOTICE
NOTICE is hereby given, that I will receive until the fifth day of June next, written proposals for supplying the House of Representatives for the next session with one hundred and fifty cords of Hickory Wood; the same to be delivered, sawed and put into the cellar on or before the first day of November next. Security will be required for the performance of the contract. PATRICK MAGRUDER, CLK. Clerk's Office, H. R. May 18—15th June.
TUNIS 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. Tollenets, swansdown do. Plain and figured Marseilles do. Bearskin coatings, Plains, kerseys, halfticks, Rose and duffil blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Ginghams, silk and cotton chambrays, Furniture Chintz, Cambric and jaconet muslins, India and British book do. India mullmull figured and plain, Plain and figured lenoes, Laced cambrics, Elegant tamboured mulls, Grecian robes and Pelisse dresses, S-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 petticoats, 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 pantaloon do. Silk cords and buttons, Ribbons, floss threads, Scarlet and other colored bombazets, Hearth rugs, Russia sheeting, ticklingburg, Osnaburghs, 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
LUKE KENT,
Clock and Watch Maker from Philadelphia, BEGS leave to inform his friends and the public, that he has taken the shop occupied by the late Mr. Sater in F street, Washington, near the Treasury, where he carries on the above business in all its branches. Any orders in his line will be thankfully received and duly attended to. Tea spoons, table spoons, gold ear rings, finger rings, and every other article in the line made to order in the best manner and shortest time. May 11—6t