The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-04-11 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
Vol. III.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLXXXV.
FIVE DOLLS. PER ANN.
MONDAY, APRIL 11th, 1803.
PAID IN ADVANCE.
Congress of the United States.
HOUSE OF REPRESENTATIVES.
THURSDAY, March 3, 1803.
DEBATE on Mr. BAYARD'S Resolution respecting the sale of the BANK STOCK—CONTINUED.
Mr. Bayard—Before the question is taken upon the resolution which I had the honor this morning to lay upon the table, the House will indulge me in a short reply to the observations of gentlemen who are opposed to the resolution. The late hour of the evening forbids my trespassing long on the patience of the House, and I should certainly not have risen a second time on the subject, had I not found myself greatly misunderstood or misrepresented in the arguments of my adversaries. It is not a little surprising, after the explanations which have been given, that an impression should remain on the mind of a single gentleman that any design was entertained in calling up the subject at a late period of the session to preclude a full discussion of it, or to secure any advantage from the circumstance of being surprised by unexpected objections to a measure, which sufficient time would have enabled them satisfactorily to have answered. The design of proposing the resolution was no secret. It was disclosed to gentlemen who it was known would resist it, & who it was reasonable to suppose would communicate it to their friends. I understand full well why the time is complained of at which the subject is brought up. It supplies the defects of inconclusive arguments in support of a measure which no preparation would have enabled its friends better to have defended.
I consider it as no very favorable symptom that some gentlemen have discovered so much irritation in the debate. Do they mean to tell us that there is any measure of the administration which at any time in this House ought to be exempt from scrutiny? Sir, in my opinion, instead of complaining of our conduct, they ought to thank us for the step which we have taken. The sale of the bank stock has been strongly impeached in the public prints, and has excited much jealousy in the minds of many people. We now afford the administration a fair opportunity of shewing the authority under which they made the sale, and of explaining the expediency of the measure. It is not to be presumed that they acted unadvisedly, and they have only to state the grounds upon which they proceeded. I hope it will be remembered that the resolution simply proposes an enquiry. It imputes nothing to the transaction; and it would seem to me that those gentlemen who have most faith in the correctness of the measure, should be most fond of having it deliberately investigated.
The act of the commissioners in the course of the argument has been impeached upon two grounds; First, that they had no authority to sell the stock; Second, that there was no occasion for the sale, and that it was made upon terms injudicious and prejudicial to the interest of the United States. I have no intention of going through the whole subject, or of repeating the remarks submitted in opening the discussion. I shall confine myself to a reply to what has been urged upon the other side of the House. I do not know that I should have imposed the trouble even of this task upon myself, had not admissions been attributed to me which I pointedly deny, and which comprehend positions which I have considered as wholly untenable. It was stated that I admitted that the power given to sell the bank stock by the act of 1796, was in existence at the date of the late sale, and that the only question on the subject was as to the necessity of making the sale.
I may have admitted that the law of 1796 was repealed, and therefore no modo in existence. The power given by the law was not absolute, but contingent. The power was delegated by the legislature in contemplation of a certain state of things. If the state of affairs had been different it would not have been granted. To exercise the power therefore, when events had removed the whole ground upon which it was given, can never be justified as long as it plainly appears that the exercise was not conformable to the view of the legislature. The measure was originally adopted as the sole alternative, to preserve the credit of the government. Necessity gave it birth, and its existence was made to depend upon the same ne-
cessity. The government was called upon to discharge the loans which had been made by the bank, which had been prolonged by courtesy beyond the original terms of the loan, but remained payable on demand. There was no money in the treasury—none to be borrowed, none to be raised without an enormous sacrifice by the sale of six per cent stock. Under these circumstances the law authorized the sale of Bank stock.
We are now told when none of these circumstances exist, when the government had money enough in its hands to pay the whole debt due to the Bank, that still it was warranted to suffer the public money to remain unemployed in the Treasury, and to sell the Bank stock, which was a productive fund. I have nothing to say as to the motives of the Bank in pressing their call for the money—nor as to the character of the transaction; as it respects the subject under consideration it is enough that they insisted upon the payment, and the government were obliged to comply.
I have no objections to joining in the congratulations of the gentleman from Virginia, that the treasury is fuller to day than it was in the year 1796. Not that I mean to allow that that gentleman or his friends deserve any credit for the prosperous state of our finances. They are now reaping the fruits of the wisdom and industry of others, and beside the retrenchments which they have made, the principal part of which any administration under the same circumstances would have rejoiced in the opportunity of making, the Treasury owes not a dollar to any fiscal improvement they have introduced. The public wealth is attributable solely to our commercial prosperity. For there remain no source of revenue worth naming, but the duties on imports and tonnage.
But Mr. Speaker, it is of no importance in this argument through whose means the money come into the Treasury.—It is sufficient that it was there. We contend that there was no power to sell the Bank stock while the government had money at its disposal, equal to the demands against it. The mistake of the gentlemen upon the other side is in considering the power given by the act of 1796, to sell the stock as absolute when it is plainly conditional. They lay hold of the power and discard every circumstance connected with the grant of it. They treat a power to exist only on a contingency in the same manner as if there were no contingency at all. The legislature grant an authority to the commissioners of the Sinking Fund, to sell the stock in case the payment of a certain debt be exacted, and there be no money in the Treasury to satisfy it; this is construed as a power to sell the stock, tho' the debt be not demanded, and altho' there is more money in the Treasury than sufficient to discharge the debt.
If such a construction be justifiable, there is an end of our argument, and there can exist hereafter no such thing as an eventual power. A similar construction would have given the President a power to raise an army under the law authorizing the raising of a provisional army, without the occurrence of the events by which the power was limited. Give me leave to tell gentlemen, that the public mind will hardly be satisfied unless their ingenuity supplies a better defence of the power which has been exercised.
We have been congratulated by the gentleman from Virginia (Mr. Randolph) upon that state of our affairs, which instead of raising questions and exciting declamation in this house as to the mode of borrowing, produces controversy only as to the mode of paying our debts.
I rejoice that the gentleman is warranted in making this statement. I pray to God that the same condition of our affairs may long continue, though much I fear, without an extraordinary act of Providence, the prospect will soon be changed. The prosperity of the country was not produced by a system of measures like that at present pursued. The operations of a government require time to produce their effect. The result of the positive measures of the present administration, has not yet been felt by the nation, and is discernable only in a distant and dark prospect.
I am not one of those who will ever quarrel with the administration for paying off the public debt. I feel the same interest for myself and my posterity that any other gentleman can do in liberating the community from the burthen. I rejoice that we have the means to do it, and that the government have manifested a disposition to do it. But, Sir, all this will not justify the doing of a
good thing in an improper manner. I do not complain that the debt to the bank was in part discharged, but I complain that the bank stock, a fruitful and valuable source of revenue, was sacrificed to make a payment of 1,237,600 dollars, when there were 4,500,000 dollars lying idle and unprofitable in the treasury. Why was not the whole debt paid to the bank? Why are we still left in arrears more than 1,000,000 dollars, when we have money to pay them? Is not the administration afraid that they will again take advantage of our necessities, and again embarrass us with their claims when any emergency occurs? It is plain that this payment to the bank was a mere pretence, and a secondary object. The true motives were its facilitating the discharge of the instalment of the Dutch debt, payable in Holland, and the advantage it gave to the administration of boasting of the debt which they had paid off, and of the monies, notwithstanding which, they had on hand.
A gentleman from Maryland (Mr. Nicholson) to shew that the power given to sell the stock by the law of 1796 still exists, has referred to two provisos in a law of the last session, and at the same time has expressed his surprise that I have not had recourse to them in support of my argument. Sir, I had not forgot the discussion upon the principles of those provisos, one of which was introduced upon my own motion. The first provided that nothing in the act of the 29th April, 1802, should be construed to repeal the powers given by the 10th sect. of the act of 1796. The second provided that the same act should not be construed to revive powers upon the same subject, which being granted under any former act, had expired.—These provisos were considered at the time as neutralizing each other, and leaving the act of 1796 to a construction upon its own principles.
I confess Sir, that I considered the first proviso as designed indirectly to revive powers which had expired, and failing in a motion to strike it out, I consented myself with introducing the second, which I apprehended would destroy its effect. That end I believe was accomplished, and therefore I consider the law of 1802, as furnishing no support to either side of the present argument.
We are told by the gentleman from Maryland to whom I last referred, that if the law of 1796 has expired, and there was no authority to sell the bank stock, then the sale is void and the property still remains in the United States. I feel no difficulty in comprehending the extent of this position, but I am at a loss to discover how it is to be employed in opposition to the resolution on the table. If because there was no authority to sell the stock, the sale was void and the property still belongs to the United States, it seems to me that a better reason could not be urged for the immediate institution of the enquiry, as in consequence of the sale the United States have lost the possession and profits of the stock. As things now rest, it is of little consequence that the property belongs to us, if the fruits of it are always hereafter to belong to others. I beg however not to be understood as adopting this position of the gentleman from Maryland. The stock has been transferred under the sanction of the executive, the contract has been in part performed by the purchasers, and however irregular the procedure, it would but little comport with the credit of the nation, to attempt to violate a contract attended with all the solemnities with which the powers of a government could clothe it. But tho' the property cannot be recalled, yet the conduct of those through whose management it has been lost, ought to be enquired into, and if the measure be found unjustifiable, they ought to be made to answer for it. I have but one more observation to make relative to the power to sell the stock. It has already been stated that a power was given by the act of 1796 to raise the money which the exigency of the moment required in three different ways. By the constitution of 6 per cents, by borrowing, and by the sale of the bank stock. If one of those powers survived the occasion they were created to answer, they all now remain in existence, and yet would it be possible to contend, that the design of the law would warrant the commissioners to borrow a sum of money equal to the debt due to the bank, while a greater sum remained unappropriated to any other object, in the Treasury. An honorable gentleman from Maryland (Mr. S. Smith) upon this point, has perhaps adopted the wilful course. Without troubling himself with
an enquiry into the authority of the commissioners to sell the stock, he reposes with implicit faith on the conduct of men whom he supposes incapable of error. In this course he probably will be followed by many others. It is the shortest and avoids every difficulty. I know Sir, that the Attorney General, the great law officer of the government, and the Secretary of State are members of the board of commissioners. I am not deficient in respect for those high officers; but if we are to be imposed upon by the names of men or of officers you renounce one of the most valuable and important privileges of this house—that of general superintendence and enquiry relative to the conduct of every department of the government. If I knew nothing about the subject I might have the same faith with the gentleman from Maryland; but being convinced from an investigation of it that the commissioners have done wrong I can discover nothing in their names or their offices, to induce a belief that they are infallible.
Before I sit down, the House will suffer me to make a few remarks in reply to the observations of gentlemen upon the other side, as to the terms upon which the sale of the stock was made.
Supposing the commissioners had a power to sell the stock, it was certainly their duty to dispose of it to the greatest advantage for the United States. The question whether they have done so, depends in a great degree upon facts which are not easily settled by any evidence we have at present before us, and therefore ought to be made the subjects of enquiry. The current price of bank stock in the United States and London, and the rate of exchange between the U. States & London, & London & Amsterdam are facts necessary to be ascertained before a judgment can be formed as to the profit or loss resulting from the sale. The statements of the gentleman from Maryland (Mr. S. Smith) are entitled to much respect. He is an intelligent merchant, and must have been conversant with the facts alluded to. But his information is limited. The price of stocks and the rate of exchange may not have been the same in other parts of the U. States, as in Baltimore. I have great reason to believe they were not—My information differs from that of the gentleman—it is drawn from sources on which I rely—I cannot be expected that in my place, I should mention private names. The gentleman from Virginia (Mr. Randolph) has characterized the information I have communicated in a manner entitling it to the confidence of the House. He has described it as the knowledge of a stock broker. On the subject before us the knowledge of stock brokers is precisely what we want. I pretend to no knowledge upon the subject, of my own. But on this and upon all other subjects, on which I have no knowledge of my own, but want information, I have recourse to those people, whose business in life gives them the knowledge which is required. This conduct is prescribed by a wise old proverb, that every one is to be believed in their own art.
If I wished to be instructed as to the manner of making a pair of shoes, I should certainly prefer the instructions of a shoemaker, to any knowledge on the subject, which I could gain from the gentleman from Virginia.
The same principle has governed me on this occasion. Recourse has been had at different places to those persons whose business called them constantly into the commercial markets, and who of consequence acquired an accurate knowledge of the current prices of bills and stocks. But Sir, if we differ as to these facts, can there be a stronger reason for enquiry? If our information be incorrect the enquiry will terminate in the justification of the commissioners—but if thro' negligence or from any other cause the public interest has been sacrificed, can gentlemen wish to cover the transaction with the veil of secrecy and oblivion—that the interest of the United States has not been understood or not attended to, we have at present reason not only to think it is probable, but to believe it is certain.
The commissioners have sold 2,220 shares of stock at 45 per cent. advance, when it is admitted they might have got 50—This is a loss of 44,400 dollars—They have allowed the purchaser to receive two dividends on the stock before he was obliged to pay a cent—This is an additional loss of 75,480 dollars—and makes an aggregate loss of 119,880 dollars.
A gentleman from Maryland (Mr. Nicholson) contends, that the second dividend upon the stock ought not to be
taken into the account of loss, because part of the debt being paid to the bank, the United States were exonerated from an interest upon that debt equal to the amount of the dividend. But, Sir, it is to be remembered that the debt due to the bank was paid out of money in the treasury, and had no other connection with the contract relative to the stock, than to furnish a pretence for the sale. The proceeds of the stock were applied to the debt in Holland, and the two dividends were received before a dollar was to be applied to the payment of that debt. In estimating the profit or loss of this contract, we are only to consider what the government parted with, and what they received in return. The saving of interest on the bank debt was not a consequence of this sale.—Without the sale there was money enough in the treasury to extinguish the debt, and in fact it was so extinguished without any aid from the sale. It is clear then that the commissioners gave to the purchaser a certain profit of dollars. 119,880, and the only question which remains is, what advantage was stipulated for the United States to compensate this loss. It is said that the purchaser has undertaken to pay in Holland dollars. 1,287,600, at 41 cents the guilder; in consequence of which the government saves two cents upon every guilder, as the remittance could not otherwise have been made for less than 43 cents the guilder.
Now Sir, this is a fact which I do not believe, and I have reason to think that the remittance could have been made at par, after allowing the usual commission to agents in London for doing the business. If this were the case, the pretended benefit of the contract vanishes, and an additional loss appears in its place of a cent upon 3,140,487 guilders, amounting to the sum of dollars 31,404 37 100. But why was not the offer of the Manhattan Bank accepted? They proposed remitting the whole instalment of the Dutch debt at 43 cents the guilder. The two cents they asked more than Mr. Baring, amount only to the sum of dollars 64,380, and yet the government gave to Mr. Baring, in the sale of the stock, a certain profit of dollars 119,880, and of consequence made a plain sacrifice of dollars 55,500.
Some gentlemen have been driven to strange shifts in order to shew the benefits of this contract. A gentleman from Maryland (Mr. S. Smith) includes in his amount of profit, a saving in a probable advance of exchange in the remittance of that part of the Dutch instalment, which was remitted by the purchase of bills in the market. This item is founded upon the mere supposition, that if the government had been obliged to purchase additional bills to the amount of Mr. Baring's payment, the rate of exchange must have risen according to the gentleman's estimate. It is not pretended that the calculation is founded upon fact, but merely upon conjecture.
From the report of the commissioners I think it is evident that pains were not taken to explore the markets of the United States in which bills were selling, and in obtaining the information necessary to enable the commissioners to distinguish the terms most to the interest of the United States—Scarcely an attempt was made to excite a competition for the contract.
The bank of the United States and the Manhattan bank alone were applied to, and the final arrangement made with Mr. Baring, while his proposals were a secret to all our merchants.
The banks were not the proper instruments for such an operation, and it cannot be affirmed, considering the great annual remittances made from this country to England, and as the experiment was not tried, that a sum equal to the Dutch instalment could not have been purchased in our markets without materially affecting the rate of exchange—I have only further to remark that the object of the resolution is simply to institute an enquiry into the transaction. Even gentlemen who are persuaded that it is not liable to the objections which have been made to it, ought to be in favor of an investigation—to refuse an enquiry, is to betray distrust; for if it can be shewn that the measure was warranted by law, and beneficial in its result, an enquiry must terminate to the credit of the administration.
I therefore trust that the members of this House will consider it due to their own characters, and to the character of the government to suffer the enquiry to take place, and that they will not by their votes draw a veil over a transaction, the legality and fairness of

which has been questioned upon this floor.
Mr. Nicholson. The Gentleman from Delaware has asked, if the commissioners of the sinking fund had executed the authority given under the act of 1796, and had made a loan of five millions, or had issued certificates to that amount, whether that would have been deemed a wise measure on their part. I have no hesitation in declaring, that if the commissioners had done so, when they had either four millions and a half in the treasury, or bank stock enough in their hands subject to disposition, it would have been an unwise step. But I have no hesitation in saying, at the same time, that Congress would have been pledged to redeem such a loan to the last cent; as the law gave the authority to borrow, which the necessity of paying the public debt created.
The resolution of the gentleman proposes an enquiry. I think that enquiry has already been ample: we have already consumed the greater part of the day & night in making it. For my own part, I consider the subject so clear, that I think no enquiry necessary, though I am highly gratified at its having been made—I shall therefore vote against the resolution.
Mr. N. concluded by requiring the yeas and nays.
Mr. Randolph hoped the house would pass on his ruling at that late period of the night; which he should not do but for a belief that he did not trench upon any public business then before them. This law of 1796 authorises the borrowing of five millions: For what purpose? To pay any instalment of Bank debt due before or during the year 1798. The gentleman from Delaware talks of the expiration of this law; but it has only two limitations; one when a sum shall have been borrowed to the extent of the authority to borrow five millions; and the other to the discharge of Bank debts due either before or during the year 1796. The whole question of legality, therefore, turns upon these two points; whether the commissioners have exceeded the power to borrow five millions, or have applied the proceeds of the bank shares to any object not authorized. What is the fact? The power to sell being vested in the commissioners, and the sale being a legal execution of that power, the commissioners have appropriated the proceeds of the bank shares to the object specifically named in the law. Where then is the illegality? If there ever was a plain case, this is the plainest of all possible plain cases—Gentlemen, however, speak of a limitation not contained in the law; of a public necessity. But the law does not say the commissioners are empowered to borrow, only in case the credit of the government is bad, or the bank unfortunate, or when the government is reduced to the last peril, and the contrary to the most calamitous situation—The law, on the contrary, gives the power without any such limitation.
But of what consequence is it, if by the sale of the bank stock, a benefit is conferred on the United States equal to a certain number of dollars, whether that benefit flow from the payment here or in Holland? Suppose the payment did not here produce a specific benefit, but produced a benefit abroad growing out of the transaction, will gentlemen say the United States are not benefited by it? If the commissioners were authorized to sell, it is perfectly immaterial whether the benefit was from payment being made to the bank, or in Holland.
Mr. Randolph said it was no part of his business to enter into the details of the gentleman from Delaware, further than to observe that all his information was anonymous. Is it possible that such information can weigh either with this house, or with the nation, in opposition to that derived through the Secretary of the Treasury from the purest and most correct sources.
One thing, Mr. R. said, he must be permitted to observe, that no advantageous purchase of bills here could be put into competition with such a contract as that made by Mr. Baring ; because he is not to receive the bank shares until he shall have made the payments in Holland—The transaction was divested of all risk.
Mr. Huger rose barely to make an observation relative to the conviction entertained by gentlemen. He felt a different impression, totally different from those who have expressed so great a triumph at the removal of all doubts as to the legality and the expediency of the sale. His doubts, on the contrary, had been increased by the discussion; and he only regretted that the session was so far advanced as not to allow a full investigation. He concluded by saying he should vote for the resolution.
The question was then taken by Yeas and Nays on Mr. Bayard's resolution, as follows: Yeas 25—Nay 40.
YEAS —Messrs. Bacon, Bayard, Bowie, Brent, Campbell, Cutler, Dana, Davenport, Dawson, Elmer, Hastings, Hoge, Huger, Hunt, Morris, Read, J. C. Smith, S. Smith, Southard, Tenney, Tillinghast, Upham, Van Rensselaer, Wadsworth, and Woods.—25.
NAYS —Messrs. Alston, Archer, Bailey, Bulhop, Butler, Cabell, Clay, Clop-
ton, Condit, Dickson, Early, Euliss, Gray, Gregg, J. Heister, Holmes, Leib, Meriwether, Mitchell, Moore, New, Newton, jun. Nicholson, Randolph, jun. Smilie, J. Smith of (N. Y.) J. Smith, of (Virg.) Josiah Smith, Stanford, Stanton, Stewart, Taliaferro, jun. Thomas, Thompson J. Trigg, Van Cortlandt, Varnum, Van Horne, Winn, and Wynns.—40.
Mr. Gregg observed, that though the practice was not usual, he thought it ought to be inserted that the question was taken on this resolution at 9 o'clock at night.
Mr. Gregg waved making such a motion.
Mr. S. Smith said, though the hour was late, he would propose a resolution to the following effect:—
"Resolved," that the commissioners of the Sinking Fund were authorised by law, to make sale of the stock of the Bank of the United States; and the sales made by them, agreeably to their resolution of the seventh day of June last were expedient, and the result highly beneficial to the United States."
On this resolution, General Smith said he should make no observations. He could only say, in reply to the gentleman from Delaware, that the purchase had been of public notoriety. The Callers of the Banks had advertised it; and it had even been in the Baltimore newspapers.
Mr. T. Morris moved a postponement of this resolution until the next session of Congress. It was utterly impossible for the conduct of the commissioners to be sufficiently enquired into at the present session. He believed the resolution of the gentleman from Delaware did not contemplate an investigation this session.
Mr. S. Smith said he would withdraw his motion.
Mr. Taliaferro moved to reconsider the last decision of the House on the motion of the gentleman from Delaware, that they might, after agreeing to reconsider, proceed to enquire and decide.
Mr. Nicholson hoped the House would not reconsider their vote. I voted against it under the impression that voting for it would have been to express a doubt of the legality or expediency of the sale. If the resolution shall be reconsidered and adopted, what will be the consequence? The resolution says an enquiry ought to be made. When? In one instant? Are we to institute an enquiry, and take a question on it in five minutes after? If so, of what nature will that enquiry be? No, Sir. The enquiry is already made. Mr. N. was proceeding: When,
Mr. Taliaferro withdrew his motion to reconsider.
Mr. S. Smith renewed his motion, as stated above.
Mr. T. Morris said he would then make his motion of postponement till the first Monday of November.
Mr. Bayard said he was astonished at this resolution, which was made in the face of the arguments urged against the resolution which he had submitted. When that resolution was laid on the table, which neither approved or condemned, but simply had for its object enquiry, we were told that it was so late in the session that it was impossible to develop the subject; and we heard much complaint that it was not offered at an earlier period. For himself he had thought it expedient to make the motion this session, and to appoint a committee. But knowing that there was not time to make the investigation, he had meant this simply as a recommendation to the next Congress to take up the subject, when there would be full time. Those gentlemen, who then said there was not time to enquire, now at a later hour say there is time to approve. It will be truly astonishing, if, under these circumstances, their resolution be adopted—if, after voting that they will not enquire, they shall, without enquiry, approve—Gentlemen talk of discussing the subject to-night. But how are we to ascertain facts, on the most material of which we have differed? Will they then adopt this resolution without enquiry? This is a step perfectly novel—going to approve the conduct of high executive officers. Have not gentlemen already gone far enough? By doing what they have done, they have declared themselves so satisfied that they will not look into the conduct of the commissioners. Is not this enough? Are gentlemen, not content with this, disposed to confer applause? If we adopt such a precedent, where are we to stop? If in this case we say the commissioners have acted right, will it not follow that in all cases in which we do not affirm the same thing as to executive officers, that they have acted wrong—I have always taken it for granted that executive measures are right, if they are not disapproved—It always belongs to the vigilance of a minority to urge an enquiry in all doubtful cases. But we are now going to establish the precedent that the executive is entitled to no confidence until clothed with our approbation.
Mr. Varnum said he had voted against the resolution of the gentleman from Delaware, not because there was not time to investigate, but because that investigation had been fully made in the newspapers.
long before Congress assembled—And he was persuaded every gentleman was satisfied. If the gentleman from Delaware was not satisfied, it did not follow that others were not. He acknowledged that it would not have been proper to bring forward this last resolution, but for that previously offered. If the House was disposed to acquit, he trusted they would acquit with honor, and that the postponement would not obtain.
Mr. Thomas Morris said members ought not to make up their minds from the information of newspapers; it was therefore not to be supposed that they were sufficiently informed. But I call upon gentlemen, who are disposed to pass an encomium on the commissioners of the sinking fund to say in what situation they stand? We ask an enquiry—A majority determines not to enquire, and are immediately for pronouncing an eulogium without enquiry. What is this but saying we have a majority, and can pronounce what we please without examination? What is it but saying tho' we have not time ourselves to enquire, we will prevent a future Congress, who will have time, for enquiry? He considered such proceeding perfectly intemperate and improper.
Mr. Bacon said they were in an awkward situation. He gave full credit to the declaration of the gentleman from Delaware, that he had no view of having this subject investigated during the present session. But contrary to his view we have had the substantial part of an investigation; and we should have been pleased if he had seen fit to give the discussion the external form. He hoped the House would not agree to postpone. It was true that they had refused to enquire; and that still they proceeded to acquit. This was awkward in form, but solid and regular in substance; an ample enquiry has been made. As they had proceeded so far, and as they had in fact secured the substance, however deficient the form, he should vote in favor of the resolution.
Mr. Goddard was in favor of a postponement. What is the amount of the resolution? That the commissioners have made sale of the bank stock conformably to law. Do we thereby alter the nature of the law or of the fact? Cannot the U. States investigate this subject as well afterwards as before. Suppose the resolution calls the commissioners wise men, does it follow that they are wise? And if it calls them foolish, it certainly does not follow that they are so. The resolution cannot have an influence either one way or the other. It would be improper at any time; but peculiarly so at this time. If the resolution is agreed to at this time, he would ask whether it was not on confidence in men instead of on enquiry? He would ask if this was not a dangerous precedent? Was this confidence proper in monied transactions, and was it proper to carry it so far as to attempt to preclude future investigation. Will such a measure alter the opinion entertained previously of the report of the commissioners? No. It has been insinuated that the resolution offered by the gentleman from Delaware contained an implication of character. No such thing. But will not such an implication follow from this extraordinary procedure? The thing will carry suspicion on the face of it. It is well known, that if a man is always declaring that he is not guilty, he feels some consciousness of guilt. And such will be the effect of this resolution.
Mr. Mott said he was against the original resolution yesterday from the late session of the hour at which it was offered; and he was still more against the present resolution, because the hour was later. He was disgusted with the first, but still more disgusted with this—He should therefore vote for the postponement.
The question was then taken on postponement by yeas and nays, and lost—Yeas 19—Nays 46—as follows:
YEAS —Messrs. Bayard, Boude, Campbell, Cutler, Dana, Davenport, Early, Goddard, Griswold, Hastings, Huger, Morris, Mott, Read, J. C. Smith, Tenney, Tillinghast, Upham, Van Rensselaer, Wadsworth.
NAYS —Messrs. Alston, Archer, Bacon, Bailey, Bowie, Brent, Butler, Cabell, Clay, Clopton, Condit, Dawson, Dickson, Elmer, Euliss, Gray, Gregg, Heister, Hoge, Holmes, Leib, Meriwether, Mitchell, New, Newton, Nicholson, Randolph, jun. Smilie, J. Smith (of N. Y.) J. Smith (of Virg.) Josiah Smith, S. Smith, Southard, Stanford, Stanton, Taliaferro, jun. Thompson, A. Trigg, J. Trigg, Van Cortlandt, Varnum, Van Horne, Winn, and Wynns.
Mr. Bayard then moved to refer the resolution to a select committee. If it were not suffered to remain until the next session, he hoped it would be permitted to take the usual course. The resolution goes to give a vote of thanks on facts which gentlemen themselves have stated. This was a strong case in which there ought to be enquiry before it was adopted.
This motion was lost without a division.
Mr. Huger said as the majority had determined to act, and to approve the conduct of the Commissioners, he felt a
disposition to express this sense as strong as possible. He therefore moved to add to the end of the resolution the following words; "and therefore deserve the thanks of this country."
Mr. Huger called for the Yeas and Nays on this amendment; but only seven members rising to support the call, they were not taken.
The question was then taken on the amendment, and lost—Ayes 4.
The question recurring on General Smith's motion:
Mr. Griswold hoped it would not be agreed to. It presupposes the conduct of the commissioners to be of a very doubtful character, and its object is to prop up that character by a vote of thanks. It was not proper on the last day of the session, and almost in their last moments, to make this attempt. Nor would it produce the effect contemplated. If their conduct is correct it will be vindicated by opinions deliberately formed; and if doubtful, as the resolution supposes, it would not be established by a vote of the House at this period. If the approbation of the House of Representatives be proper, it ought to be given after the fullest examination; any thing short of this will be an injury to the character of the individuals themselves.
Mr. Huger spoke at great length against the resolution.
Mr. Bayard said he felt no disposition to interfere with the vote of the House about to be passed. Though he should not vote for it, he was desirous of putting it in a less exceptional shape than it at present stood. He hoped he should succeed in a motion which he rose to propose, to strike out the words, "and the result highly beneficial to the United States." This was either not a fact, or at any rate a fact unknown. It was imprudent at this time to make a declaration which experience may demonstrate to be untrue. Mr. Baring has received the dividends; and we do not know that he has complied with his part of the contract. He may prove insolvent; there is no telling the result. If therefore we undertake to say that the result has proved highly beneficial to the United States, we assume the character of prophets, and make a declaration founded on powers not human.
Mr. Randolph The result of which we speak is at this time. Human prudence cannot divine the ultimate effect of any measure. The credit of the United States has been supported in Holland by a remittance made on the most advantageous terms. We have in our own hands ample security against all loss. The result of a measure for meeting the engagements of the government abroad without any possibility of loss, may truly be said to be beneficial.
Mr. Griswold wished to know what the result actually was. In order to enable us to declare that it is beneficial we ought to know it. Is any gentleman prepared to say what the result has been. Certain motions were to have been placed in Holland in the months of January, February and March. But does any body know the fact that they have been so placed. He had heard no gentleman state it. How then can it be said that this transaction is highly beneficial. Agreeing to the resolution in this shape looks indeed like the transaction of a midnight hour, (Laugh in the House.) When gentlemen are not prepared to ascertain the meaning of their own words. This declaration is so absurd, said Mr. Griswold , that when gentlemen shall revise the transactions of this night, they will laugh at themselves and be ashamed of their own conduct.
The Yeas and Nays were then taken on Mr. Bayard's motion to strike out "and the result highly beneficial to the United States"; and lost—Yeas 15—Nays 40; as follows:
YEAS —Messrs. Bayard, Campbell, Cutler, Dana, Davenport, Early, Goddard, Griswold, Huger, Morris, Read, J. C. Smith, Upham, Van Rensselaer, Wynns.
NAYS —Messrs. Alston, Archer, Bacon, Bailey, Bowie, Brent, Butler, Cabell, Clay, Clopton, Condit, Dawson, Dickson, Elmer, Euliss, Gray, Gregg, Holmes, Meriwether, Mitchell, New, Newton, jun. Nicholson, Randolph, jun. Smilie, J. Smith (of N. Y.) J. Smith (of Virg.) Josiah Smith, S. Smith, Southard, Stanford, Stanton, Stewart, Taliaferro, jun. Thompson, A. Trigg, J. Trigg, Van Cortlandt, Varnum, and Van Horne.
Mr. Bayard rose only to mention a fact. It was important to attend to names. The name of the Vice-President ( Mr. Burr ) was affixed to the Report. He could say that as to the sale of the Bank-stock the Vice-President had not been consulted, and had not approved it. Neither had the Chief Justice, he believed, been ever consulted. Thus it appeared that two important members of the board had not been consulted.
Mr. Nicholson desired an explanation of the observation of the gentleman respecting the Vice-President.
Mr. Bayard replied that he had said that the Vice-President had not been consulted as to the sale and had not approved it. He did not mean to say that he had disapproved it.
The question was then taken by Yeas and Nays on General S. Smith's motion viz.
Resolved, That the commissioners of the sinking fund were authorized by the "act making provision for the payment of certain debts of the United States," passed the thirty-first of May, 1796, to make sale of the stock of the bank of the United States; and the sales made by them, agreeably to their resolution of the seventh day of June last, were expedient, and the result highly beneficial to the United States.
And carried—Yeas 42—Nays 12—as follows:
YEAS —Messrs. Alston, Archer, Bacon, Bailey, Bowie, Brent, Butler, Cabell, Clay, Clopton, Condit, Cutts, Dawson, Dickson, Early, Elmer, Euliss, Gray, Gregg, Holmes, Meriwether, Mitchell, New, Newton, jun. Nicholson, Randolph, jun. Smilie, J. Smith, (of N. Y.) J. Smith, (of Virg.) Josiah Smith, S. Smith, Southard, Stanford, Stanton, Stewart, Taliaferro, jun. Thompson, A. Trigg, J. Trigg, Van Cortlandt, Varnum, and Van Horne.
NAYS —Messrs. Bayard, Boude, Campbell, Cutler, Dana, Davenport, Goddard, Griswold, Read, J. C. Smith, Upham, and Van Rensselaer.
Valuable Medicines.
The Public are respectfully informed that LEE & CO. and the Agents of their appointments, will in future keep a constant supply of the following Medicines, which are in high esteem and general use throughout the United States, many of them being sold cheaper than the Drugs of which they are compounded, could be purchased as a retail store.
HAMILTON'S ELIXIR; A sovereign remedy for Colds, obstinate Coughs, Asthmas, Sore Throats, and approaching Consumptions.
To Parents who may have Children afflicted with the HOOPING COUGH,
THIS discovery is of the first magnitude, as it affords immediate relief, checks the progress, and in a short time entirely removes the most cruel disorders to which children are a prey; the Elixir is so perfectly agreeable, and the dose so small that no difficulty arises in taking it.
Mr. Charles Myers, Hampstead Hill, near Baltimore, had been a long time dangerously indisposed, and was reduced to the lowest state of weakness, insomuch that his recovery appeared doubtful. His complaints, which seemed to be affections of the breast and lungs, and general debility occasioned the recovery, yielded little, but after progressed under the treatment of several eminent physicians; when by the use of Hamilton's Elixir , his distressing cough was immediately alleviated, and every other symptom rapidly subsided. Four or five bottles entirely removed his complaints, and restored him to an excellent state of health and strength which he has for upwards of a year past enjoyed without interruption.
From LUTHER MARTIN, Esq. Attorney General of the State of Maryland.
GENTLEMEN, I comply with your request in stating my opinion of Hamilton's Elixir —It has been used in my family for two or three years past, with uniform success, whenever colds, coughs, or similar complaints have rendered medicine necessary—I have myself found it an excellent and agreeable remedy for a very painful and troublesome affection of the breast, accompanied with soreness and with obstructed and difficult breathing.
On these accounts I do not hesitate to recommend Hamilton's Elixir , as a valuable medicine, and deserving public attention.
LUTHER MARTIN.
Mr. Alijah Henry, Bridge-street, Baltimore, was cured by one bottle of Hamilton's Elixir , of a very complicated disorder, occasioned by a severe cold, caught several months ago—He breathed with the greatest difficulty, and was often thrown into weakening sweats when he attempted to walk any distance, and his voice would frequently fall in such a degree that he could only attempt to whisper; he has been upwards of six weeks without a return of his complaints, and desires to give his public testimony in favor of this invaluable medicine.
Mrs. Elizabeth Jones, South Howard street, was greatly relieved of an asthmatic complaint of several years standing, by the first bottle of Hamilton's Elixir —and by the use of five bottles she has acquired a degree of ease and strength to which she had been long a stranger. She had taken balm of honey, Church's cough drops, and other medicines, without any benefit, and sometimes to the evident injury of her breathing.
Sold only in Columbia District; S. Bishop, Bookseller, Alexandria—Dr. John Ott, Druggist, George Town— and Rapine and Conrad, Booksellers, Capitol Hill, Washington.
Feb. 2. 1812.
TO BE LET,
A TWO STORY DWELLING HOUSE, convenient for one or two families, lately occupied by Messrs. Howard and Varren , situate on N. and third streets, near Barry's wharf . The premises contain a most excellent spot for a garden (40 feet front and 100 feet deep) which has been improved to advantage for a number of years. There is most excellent water directly opposite said house. For terms, apply to Capt. JOSEPH WHEAT , near the premises or to
EPHRAIM MILLS, Duke Street, Alexandria March 23 1812.

Valuable Lands For Sale.
Will be sold to the highest bidder by the Executors of the late Gen. GEORGE WASH-CTON, the following tracts of Land, at the times and places here- after mentioned, viz.
On the first Monday in April on the premises.
600 acres lying in Charles County in the State of Maryland near a place called the fifth Trap, about 16 miles above Port- Tobacco.
On the 2d Monday in April on the premises.
519 acres in Montgomery county in the State of Maryland, in the neighborhood of Frederick town, not far from Kittitown.
On the 15th day of April at Charles Town.
453 acres in Jefferson county Virginia, about two miles west of Charles town, also, 240 acres lying in Hampshire county on Potomac river, about 12 miles above Bath.
On the 16th of April on the premises.
1600 acres in Jefferson county on the South fork of Bullskin.
On the 18th day of April on the premises.
183 acres in Jefferson county in Worm- ley's line.
On the 20th of April on the premises.
571 acres in Frederick county 1 1/2 miles South of Battle town.
On the 22d of April at Paris.
2431 acres on Ashby's, and 385 acres on Chattons run in Fauquier county.
The oath of the amount of the purchase money to be paid down, and the balance in three annual installments to be secured by a mortgage on the premises, and to carry in- terest from the day of sale.
THE EXECUTORS. Feb. 28. March 4 - Sept 224.
ADVERTISEMENT.
On THURSDAY the twenty first day of April, if fair, if not the next fair day, will be exposed to sale on the premises, in the town of Alexandria, the fol- lowing parcels of
LAND,
Late the property of John Fitzgerald, deceased, sold pursuant to the direc- tions of his will for the payment of his debts, to wit:
One parcel of land lying upon the east side of Union street, and to the north- west of Wilkes street, fronting seventy-eight feet upon Union street, and extending about two hundred feet in the river, having an alley of twenty feet running the whole depth; up- on it is erected a frame ware-house; the ground is subject to an annual rent of 91.17s 6d. It will be sold altogether, or divided, to accom- modate purchasers. One half of a brewery, with all the implements and utensils necessary for carrying on the business, upon a large scale, and a parcel of ground appertaining to it, fronting about forty feet on Water street. The whole of the brewery and ground is now under a demise, at a rent of six hundred dol- lars per annum. A piece of ground immedi- ately joining on the brewery, and fronting about forty feet on Water street, and extend- ing one hundred and fifty feet on a twenty feet alley. A piece of ground fronting on Wolfe and St. Asaph streets. This will be laid off into convenient Lots. A piece of ground lying upon the south side of King street, extending 82 feet to a twelve feet al- ley—in the front is erected a two story brick dwelling house, and upon the alley a two story frame ware-house. A piece of ground lying upon Union and Wolfe streets, extending from Wolfe street 62 feet and an half, with Union street 120 feet. Upon this there are erected a large distillery, ware house and compounding room. The improvements were calculated for carrying on that business upon an extensive scale; there are three stills in it. Not having been occupied for some time past, the property is something out of repair. The ground is subject to an annual rent of 431.13s 4d. There will be sold at the same time, a small tract of land contiguous to the town, contain- ing 37 acres. This is subdivided, and will be sold in small parcels containing from 4 to 6 acres. The sale will be continued till the whole is sold.
The terms of sale are one fourth of the purchase money in hand when deeds will be executed to the purchasers; one other fourth in six months after the sale; one other fourth in twelve months, and the remaining fourth in eighteen months; for securing these payments a deed of trust will be required upon the property conveyed from each purchaser for his part.
THOMAS A. DIGGS, JAMES KEITH, Acting Executors of John Fitzgerald. March 16. ept256
FOR SALE OR RENT,
A two story frame House and Lot, in square 725 (situate near the Capitol) at present occupied by John C. Dixon. Possession may be had the first day of May next. For terms apply to
ALEXANDER MCCOICK, East Capitol Street. April 4. ept
WANTED,
One or two Boys to learn the BOOT and SHOE-MAKING Business— apply to JOHN CROOKSHANK. George-Town, Jan. 19. 1803. tf.
TAKE NOTICE.
I WILL sell five hundred and fifty acres of Land whereon I live, in Fairfax county, within five miles of the court house, and with- in twenty of the City of Washington, Alex- andria, Dumfries, and twelve of the Occo- quon mills, it is a healthy situation, the land fertile, and has about two hundred acres of wood to cut, there is a great proportion of white and red oak, popular and hickory tim- ber—There is nearly one hundred acres of prime land for meadow, I will give six months credit for one fourth of the purchase money—twelve months for the other quarter, eighteen for the third, and two years for the last payment, a purchaser will find me on the premises.
Thos. POLLARD. Feb. 21st. tf.
TO LET,
And be entered upon immediately, three well finished BRICK HOUSES,
NEARLY opposite MORRIS'S Tavern, on Twelfth street very near Pennsylvania Avenue, built for the WASHINGTON BUILD- ING COMPANY.
The Houses will be rented on very reason- able terms.
Apply to THOMAS CARPENTER near the President's Square.
Dec. 18. ept
Charlotte-Hall School.
NOTICE IS HEREBY GIVEN,
That the Trustees will let up on the 2d Monday in May, to the lowest bid- der, the building of a house at Charlotte- Hall for the residence of the Principal; agree- ing to a plan which will then be submitted. An advance of one half the cash will be made to the undertaker upon giving bond and security to be approved of by the Board of Trustees.
Signed by order, NEALE H. SHAW, Regt March 29. 1803. ept 2m in m
CHARLES VARDEN,
TAYLOR, FROM PHILADELPHIA.
HAS received from Philadelphia an elegant assortment of the best quality Super- fine Cloths, Cassimeres, Silk Florimare, Black and fancy silk molekin velvet, white & figured Marcellas, Swandowns, Toillettes, Velveteens, Fancy cords, Coating, &c.
With a variety of other articles suitable for the winter season.
N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion.
New-Jersey Avenue, the second House from the Capitol Square.
December 3. 1802. tf.
Thomas Carpenter,
TAYLOR.
HAS received a very handsome assortment of goods, consisting of superfine cloths, cassimeres and coatings of all colours.
Patent water proof Cloths,
Silk and woolen Moletaines, Toillettes, vel- veteens, &c. of superior quality.
From which, and an acquisition of the new- est fashions and the best workmen, he can as- sure whatever commanded.
Pennsylvania Avenue, near the President's Square, and New Jersey Avenue, about eight houses from Capitol Square.
Dec. 1. 1802. tf.
All persons having claims or
demand of any nature against the subscriber, are requested to exhibit their accounts, with- out delay, to JOHN HEWIT or GILBERT FORREST, Esqrs. of the city of Washing- ton, who are authorised, in my name, to ad- just and settle the same; and all persons in- debted to me are requested to make payment to either of the gentlemen above named.
SAMUEL BLODGET. March 30. tf.
I will sell on reasonable terms
ten or fifteen LOTS of LAND, lying from a quarter to four miles from George-town; those lots in wood, and will contain from 5 to 20 acres, as may suit the purchaser—Three Lots in the city of Washington, in a desirable situa- tion, to which a good title will be given.
J. THRELKELD. April 4. 3w
FOR SALE OR RENT,
THAT elegant three story BRICK HOUSE on the corner of Falls & Frederick street in George Town, lately occupied by Mr Pison.
Likewise,
THE two well finished three story BRICK HOUSES, adjoining that occupied by Mr. SAMUEL H. SMITH, Printer, on the Penn- sylvania Avenue, east of the centre Market House, City of Washington—Apply to
GEORGE THOMPSON, George Town. tf.
FOR SALE,
One half of the valuable Tracts of LAND, in Stafford county, called Bell Plains and Hickory Bottom, late the pro- perty and residence of George Lee Waugh, deceased. Upon the land are an excellent dwelling house, with four rooms on each floor, and passage; a large barn, kitchen, dairy and smoke house; bounded on one side by Potomac creek, where is an excellent fish- ery, and abundance of wild fowl in the sea- son. This land will be sold altogether, or in lots, as may best suit the purchasers. Any person desirous of viewing it, will be shown Bell Plains, by applying to Mr. Carey Sel- don, who lives convenient, and the Hickory Bottom tract by Mr. John Sweetman, who can also show all the lines.
If this land is not disposed of by private sale, it will be set up to the highest bidder, at Mr. Efles's tavern in Frederickburg, on Friday the 6th day of May next, where a plat will be shown to those who wish to pur- chase.
Two thirds of the purchase money must be paid down. Twelve months credit will be given for the balance, on giving bond with approved security, to bear interest from the date. For other particulars apply to the sub- scriber, who is authorised by the devisees to bargain for the same.
GAWIN CORBIN TURBERVILLE. King George county, Doegg. April 8. eptM6
Was picked up as a wreck,
between the mouth of Tyler and the Widow Young's, on Sunday the 3d instant, a small CANOE. The owner by applying to the subscriber, and proving his property, can have it again.
JOHN G. RUDNER. City of Washington, April 8. 3t
NOTICE.
In the matter of JOHN JACK, Bank- rupt.
THE subscriber being appointed Assignee of the Estate and effects of JOHN JACK Bankrupt. All persons indebted to the said Bankrupt, are requested to make immediate payment otherwise legal steps will be indis- criminately taken to compel them.
RICHARD FORREST, Assignee. January 26. tf.
In COUNCIL, ANNAPOLIS, Jan. 25, 1803.
ORDERED, That the act, entitled, An act respecting the debts due to this state, and the debtors thereof, and for other pur- poses, be published once in each day for the space of four weeks successively, in the Ma- ryland Gazette, at Annapolis; the Baltimore American, the Telegraph; the National In- telligencer; Mr. Smith's paper, at Easton; Mr. Partidge's paper, at Frederick-Town, and Mr. Grimes's paper, at Hager's-town. By order, NINIAN PINKNEY, Clerk.
An ACT respecting the debts due to this state, and the debtors thereof and for other purposes.
BE it enacted, by the general assembly of Maryland, That the treasurers of the re- spective shores, with the advice and under the direction of the governor and council be and they are hereby vested with all and sin- gular the powers and authorities necessary for, and incident to, the demanding, requir- ing and obtaining, the payment of all ar- rearages and balances whatever due to the state from the debtors thereof; and the said treasurers of the eastern and western shores, and the auditor, are hereby severally required to furnish the governor and council, when requested, with correct statements of such ar- rearages and balances; and the governor and council are hereby authorised and empow- ered to direct suits to be commenced against such debtors of the state as they may think proper and expedient, and appoint an attorney or attorneys to prosecute and conduct any particular suit or suits, so directed to be brought and commenced as aforesaid; pro- vided, that all debts due to the state shall be paid to the treasurers of the western or eastern shores respectively, and to no other person or persons whatsoever.
And be it enacted, That the governor and council be and they are hereby authorised and empowered to make composition with any of the debtors of the state, and direct the re- spective treasurers to take bonds to the state with sufficient security, and give time for payment, not exceeding two years.
And be it enacted, That the several sheriffs and clerks of the several counties shall make payment of all monies due to the state, and received by them, or which may hereafter be received by them, for fines, penalties, for- feitures and amerciaments, and forfeited re- cognizances, and for ordinary, retailers and marriage licences, within the time limited by law, and if necessary, the governor and coun- cil may direct suits to be brought against any defaulting sheriff or clerk for recovery of the same; and may credit any money that the party is not chargeable with by law.
And be it enacted, That whenever there shall be occasion to expose to public sale any confiscated British property that remains un- sold, or the property of any debtor to the state, or his securities, by virtue of any execu- tion already issued, or to be issued for this purpose, the governor and council shall be and they are hereby authorised and empow- ered to appoint a fit and proper person to act in this behalf on the part of the state, who is hereby directed and required, before he pro- ceeds to act, to give bond, with sufficient se- curity to the state, conditioned for the faith- ful discharge of the duties required of him; and such sales shall be made upon such public notice, and upon such terms, as the governor and council shall direct; and such person, so appointed as aforesaid to act for and in be- half of the state, in case of the sale shall be directed to be made on a credit, which shall in no case exceed two years, take bond to the state, with good and sufficient security, to be approved of by the treasurers of the respective shores, from the purchasers; and all bonds taken by any person appointed as aforesaid shall be deposited with an accurate list thereof subscribed by him, in the treasury of the western shore, and shall be a lien upon the real property of such purchasers, and their se- curities, from the respective dates, or so much thereof as shall be mentioned in a sche- dule thereto annexed, and the said treasurer shall make report of all such bonds to the next general assembly thereafter; provided nevertheless, that the said person, so appointed as aforesaid, shall, and he is hereby directed, at the time of any sale of any confiscated pro- perty in virtue of this act, to make known that he only sells the right of this state there- to, and that the state doth not guarantee the title to the same, or any part thereof, but the purchase must be in all respects at the risk of the purchaser.
And be it enacted, That in all cases of un- installed debts, where the same shall be con- sidered insecure, and in all cases of suits de- pending in chancery with any state debtors, the governor and council shall be and they are hereby authorised and empowered to make compromises upon such terms and prin- ciples as they shall think equitable and just; and if, under the terms of any compromise made as aforesaid, the property heretofore purchased shall be taken back and revoked in the state, the governor and council may ap- point a fit and proper person to sell the same at public sale, upon such notice, and upon such terms, as they shall direct; and the said person so appointed, before he proceeds to act, shall give bond to the state, with suffi- cient security, conditioned for the faithful per- formance of the duties required of him, and shall take bonds to the state, with good and sufficient security, to be approved of by the treasurers of the respective shores, if such sale shall be directed to be on a credit, which shall in no case exceed two years, and the bonds, when taken, shall be deposited with the treas- urer of the western shore, and reported by the treasurer to the next general assembly thereafter.
And be it enacted, That in all cases in chancery where no compromise is ef- fected, the governor and council shall be and they are hereby authorised and em- powered to direct the attorney general to prosecute and defend the same to immediate final decision, and in cases of difficulty, to direct aid to the attorney- general, by employing any person to at- tend to surveys where necessary, or o- therwise to assist in the prosecution or defence of said suits, to be paid out of the contingent fund of five hundred pounds.
And be it enacted, That if any bond debtor to the state for confiscated pro- perty, or otherwise, shall neglect to make payment agreeably to the condition of his bond, and fundly resolves of
the general assembly, the governor and council may direct process to issue for the whole principal and interest then due, or may proceed on any execution against any state debtor already issued, and served and suspended, as occasion may require, or may direct any execution to be delayed as long as they may think expedient and necessary; and no process shall issue against any of the public debtors unless by the direction of the governor and council; and all sales of property taken by fieri facias at the suit of the state, may be suspended by the governor and council from time to time, as they may think most to the ad- vantage of the state, and may direct ex- ecutions against the body of any state debtor to be entered "not called by con- sent."
Whereas many persons have made discoveries of British property, confis- cated property, or property liable to confiscation, to the governor and coun- cil, the late intendant, and late agents of the state, and have made application to purchase the same upon the terms held out by law to the discoverers: And whereas there is no person invested with authority to estimate the value, or fix a reasonable price for the said property, and to compound with the person or persons making such discovery, or with the person or persons applying to pur- chase the same. Be it enacted, That the governor and council be and they are hereby empowered to compound with all persons who have heretofore made dis- covery of British property, confiscated property, or property liable to confiscation, either to the governor and council, the late intendant, or any of the state a- gents, and to allow not exceeding one third of the value of such property to any person or persons having made such discovery, and who shall make applica- tion to the governor and council on or be- fore the first day of May next, to com- pound for and purchase the same, and the said governor and council are hereby authorised to dispose of such property to such applicants, and take bonds with good and sufficient security, to be ap- proved of by the treasurer of the western shore, for the purchase money, bearing interest payable to the state at the peri- ods that may be agreed on.
And be it enacted, That if such dis- coverers shall not make known to the gov- ernor and council the title of the state to the property aforesaid, on or before the first day of May next, or shall refuse or neglect, on or before that day, to agree for the purchase of the same, that then the governor and council shall be and they are hereby authorised to sell and dispose of the state's right to the said property to any person or persons applying to purchase the same, or may appoint a fit and proper person as afore- said, who shall give bond as aforesaid, to sell the same at public sale in the manner as herein before directed, without mak- ing such discoveries, who refuse or ne- glect as aforesaid, any compensation.
And be it enacted, That it shall and may be lawful for any person or persons purchasing as aforesaid any confiscated British property under the authority of this act, to prosecute any suit or suits, either in law or equity, in the name of the state, for recovery of said property for their use; provided that the said state shall not be liable to pay any costs incurred in prosecution of said suits, but that the same shall be paid by the person or persons for whose use said suits shall be prosecuted; and provided also, that in all such sales, so to be made by the governor and council, or under their di- rection and appointment, it shall be made known, and it shall be a condition thereof, that they only sell the right of the state thereto, and that the state doth not guarantee the title to the same, or any part thereof, but that the purchase must be in all respects at the risk of the pur- chaser.
And be it enacted, That on all sales to be made by the governor and coun- cil, and under their direction and ap- pointment, of confiscated property, in pursuance of this act, deeds shall be ex- ecuted by the chancellor to the purcha- ser or purchasers, in the same manner as for other confiscated property heretofore disposed of.
And be it enacted, That in all cases where bonds shall be taken in virtue of this act, such bonds shall be a lien on the real property of the obligors from the date thereof, or on so much of the said real property as the governor and coun- cil shall think sufficient, to be particu- larly mentioned in a schedule to be an- nexed to the said bond, in which case it shall be a lien on the property contained in such schedule, and no more, such bond and schedule to be lodged with the treasurer of the western shore, and all such bonds shall express the county in which the obligors respectively reside; and the treasurer of the respective shores shall, within one month after they re- ceive them respectively, cause them, with the schedules annexed to them, to be recorded in the office of the clerks of the western and eastern shores respec- tively, at the expense of the obligors, and a copy of said record, certified under the hand and official seal of the clerk in whose office the same record shall have been made, shall be as good evidence in any court of law or equity in this state as the original bond would be if it was produced.
And be it enacted, That the governor and council be and they are hereby re- quested to make communications to the next general assembly of the several pro- ceedings under this act.
And be it enacted, That the governor and council be and they are hereby authorised to allow to any person whom they shall think proper to appoint to sell any real property directed to be sold in virtue of this act, a sum not exceeding three per centum on the amount of any sale.
JUST COME TO HAND, AND FOR SALE AT RAPINE, CONRAD & CO.'S
BOOK-STORE, New-Jersey Avenue, near the Capitol, A Prospect of exterminating the Small-Pox, being a narrative of facts con- cerning the progress of the new inoculation in America; together with practical observa- tions on the local appearance, symptom, and mode of treating the Kine Pox; including some letters to the author, from some distinguished characters—By Benjamin Waterhouse, M.D. professor of the theory and practice of medicine in the University of Cambridge—Price One Dollar.
R. C. & Co. have always on hand a good assortment of MEDICAL BOOKS, which they will sell at very moderate prices. April 4. M&F6t
FOR SALE.
EXCELLENT Butter in Firkins, Whiskey in Barrels, and Sherry Wine in quarter Casks.
WM. BRENT, New Jersey Avenue near the Capitol. February 4. tf.
Tan-Bark Wanted.
THE subscribers want to purchase a quan- tity of TAN-BARK, for which they will give from six to eight dollars a cord.
CHRISTIAN KURTZ, THOMAS HYDE, BAKER & DAWSON. George Town, April 6. ept
Columbian Library.
AT a meeting of the Shareholders of the Columbian Library on Saturday last, Stephen H. Balch, Joseph Neale, Thomas Turner, John Craven, Francis Lowndes jun and Adam King, were chosen directors for the en- suing year.
Resolved, That the price of shares to new subscribers be hereafter, at the rate of 15 dol- lars a share—and that all shares heretofore sub- scribed for, and on which there are arrearages due prior to the 1st day of January last, be forfeited, unless the said arrearages be paid on or before the first day of August next—and it is hereby declared to be the duty of the Librarian, to consider and enter as forfeited, all the afore- said shares on which the arrearages shall not be paid as aforesaid.
Resolved also, that the annual payment be two dollars for the present year. Extract from the Minutes. DAVID WILEY, Sec'y.
It may be worthy of notice, that all who have ever held shares in the Library, and have not transferred them, will still be entitled to them, upon paying off the arrearages, as above; that a considerable number of new books have been provided within the last year; that the support and encouragement of the institution may be both honorable and useful; that the Library is kept open for the delivery and return of books every Wednesday and Saturday afternoon, from 3 o'clock till sun- down—that every share is entitled to two books at one time, and may keep them out fourteen days—that other persons may have equal access to the books with the Sharehold- ers, on paying, in advance, for one year, four dollars, for one quarter of a year, one and an half dollars; and for one month, half a dollar, giving competent security for the re- turn of the books.
The Books are kept in an apartment of the Columbian academy. George-Town, April 1. ept rawt15A
170,038 Acres of Land.
THIS body of land, in one entire and in- clusive survey, is offered for sale to any individual or company, who may incline to purchase for the purposes of settlement and emigration. It is situated in the State of Vir- ginia, on the Great Kenawha River, Mont- gomery county, and is distinguished by the name of "The Great Bent of the Kenawha," being intersected by the Piney river, Great and Little Bluehorne rivers, Coal river, and uyandot river, as also by numerous other creeks and waters, running into said rivers. Numerous mill-sites, inexhaustible bodies of coal, and great appearances of ores, metals, salt springs and salt licks, are to be found on this tract, besides which, sugar may be made thereon to any amount, the sugar treecand bou- ing in almost every part.
For fertility of soil, growth of timber, fi- tness for cultivation, salubrity of climate, and natural advantages, this body of land stands unrivalled by any tract of equal quantity in Western America; it will be submitted for sale to an entire purchaser, until the first day of June next, on very advantageous terms; after which, it cannot be disposed of at any price the present proprietor being compelled to a di- vision thereof. An indisputable title will be given, and for further particulars, as to terms of sale and payment, enquire of JOHN BECK- LEY, Esq. Clerk to the House of Represen- tatives of the United States, at the city of Washington. November 1, 1802.
FOR SALE,
SEVERAL pieces of ELEGANT HISTO- RICAL &c. TAPESTRY, from designs of Le Brun, one of the first painters that ever lived in Europe, intended to ornament either a MUSEUM, a COLUMBIA GALLERY OF ARTS, or a school of drawing and painting, for the in- struction of young and ingenuous artists, or mechanics, and to gratify the curiosity of all persons of taste, residents, or traveling in the United States. March 24. 1803.
N. B. Apply to the owner at Steele's Ho- tel, Washington City.