The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-03-27 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCXCVII.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, MARCH 27th, 1805.
PAID IN ADVANCE.
By AUTHORITY.
AN ACT
For the relief of the widow and Orphan children of Robert Elliot.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of two thousand dollars, be allowed to the widow of Robert Elliot, who was killed by a party of hostile Indians while he was conducting necessary supplies to the army commanded by Major General Wayne, in the year one thousand seven hundred and ninety four, and that the same be paid to her for the use of herself and the children of the said Robert Elliot, out of any monies in the treasury not otherwise appropriated.
NATHL. MACON,
Speaker of the House of Representatives.
A. BURR,
Vice-President of the United States, and
President of the Senate,
March 2, 1805.
APPROVED,
TH: JEFFERSON.
An act for ascertaining and adjusting the titles and claims to land, within the territory of Orleans, and the district of Louisiana.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person or persons, and the legal representatives of any person or persons, who on the first day of October, in the year one thousand eight hundred, were resident within the territories ceded by the French Republic to the United States, by the treaty of the thirtieth of April, one thousand eight hundred and three, and who had prior to the said first day of October, one thousand eight hundred, obtained from the French or Spanish governments respectively, during the time either of the said governments had the actual possession of said territories, any duly registered warrant, or order of survey for lands lying within the said territories, to which the Indian title had been extinguished, and which were on that day actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands in the same manner as if their titles had been completed: Provided however , That no such incomplete title shall be confirmed, unless the person in whose name such warrant or order of survey had been granted, was at the time of its date, either the head of a family or above the age of twenty-one years; nor unless the conditions and terms on which the completion of the grant might depend, shall have been fulfilled.
Sec. 2. And be it further enacted, That to every person, or to the legal representative or representatives of every person, who being either the head of a family or twenty-one years of age, had prior to the twentieth day of December, one thousand eight hundred and three, with the permission of the proper Spanish officer, and in conformity with the laws, usages and customs of the Spanish government made an actual settlement on a tract of land within the said territories, not claimed by virtue of the preceding section, or of any Spanish or French grant made and completed before the first day of October, one thousand eight hundred, and during the time the government which made such grant, had the actual possession of the said territories, and who did on the said twentieth day of December, one thousand eight hundred and three, actually inhabit and cultivate the said tract of land; the tract of land thus inhabited and cultivated shall be granted: Provided however , That not more than one tract shall be thus granted to any one person, and the same shall not contain more than one mile square, together with such other and further quantity as heretofore has been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government: Provided also , That this donation shall not be made to any person who claims any other tract of land in the said territories by virtue of any French or Spanish grant.
Sec. 3. And be it further enacted, That for the purpose of more conveniently ascertaining the titles and claims to land in the territory ceded as aforesaid, the territory of Orleans shall be laid off into two districts, in such manner as the President of the United States shall direct: in each of which, he shall appoint, in the recess of the Senate, but who shall be nominated at their next meeting for their advice and consent, a register; who shall receive the same annual compensation, give security in the same
manner, and in the same sums, and whose duties and authorities shall in every respect be the same in relation to the lands which shall hereafter be disposed of at their offices, as are by law provided with respect to the registers in the several offices established for the disposal of the lands of the United States, north of the river Ohio and above the mouth of Kentucky river. The President of the United States shall likewise appoint a recorder of land titles in the district of Louisiana, who shall give security in the same manner and in the same sums, and shall be entitled to the same annual compensation, as the registers of the several land offices.
Sec. 4. And be it further enacted, That every person claiming lands in the above mentioned territories, by virtue of any legal French or Spanish grant, made and completed before the first day of October, one thousand eight hundred, and during the time the government which made such grant, had the actual possession of the territories, may, and every person claiming lands in the said territories, by virtue of the two first sections of this act, or by virtue of any grant or incomplete title bearing date subsequent to the first day of October, one thousand eight hundred, shall, before the first day of March, one thousand eight hundred and six, deliver to the register of the land office, or recorder of land titles, within whose district the land may be, a notice in writing, stating the nature and extent of his claims, together with a plat of the tract or tracts claimed; and shall also, on or before that day, deliver to the said Register or Recorder, for the purpose of being recorded, every grant, order of survey, deed, conveyance or other written evidence of his claim; and the same shall be recorded by the Register or Recorder, or by the translator hereinafter mentioned, in books to be kept by them for that purpose, on receiving from the parties at the rate of twelve and a half cents for every hundred words contained in such written evidence of their claim: Provided however , that where lands are claimed by virtue of a complete French or Spanish grant as aforesaid, it shall not be necessary for the claimant to have any other evidence of his claim recorded, except the original grant or patent, together with the warrant or order of survey and the plat; but all the other conveyances or deeds shall be deposited with the Register or Recorder to be by them laid before the commissioners hereinafter directed to be appointed, when they shall take the claim into consideration. And if such person shall neglect to deliver such notice in writing of his claim, together with a plat as aforesaid, or cause to be recorded such written evidence of the same, all his right so far as the same is derived from the two first sections of this act, shall become void, and forever thereafter be barred; nor shall any incomplete grant, warrant, order of survey, deed or conveyance, or other written evidence which shall not be recorded, as above directed, ever after be considered, or admitted as evidence in any court of the United States, against any grant derived from the United States. The said Register and Recorder shall commence the duties hereby enjoined on them, on or before the first day of September next, and continue to discharge the same, at such place in their respective districts, as the President of the United States shall direct.
Sec. 5. And be it further enacted, That two persons to be appointed, by the President alone, for the district of Louisiana, and two persons, to be in the same manner appointed for each of the districts directed by this act to be laid off in the territory of Orleans, shall together with the Register or Recorder of the district for which they may be appointed, be commissioners for the purpose of ascertaining within their respective districts the rights of persons claiming under any French or Spanish grant as aforesaid, or under the two first sections of this act. The said commissioners shall previous to their entering on the duties of their appointments, respectively take and subscribe the following oath or affirmation before some person qualified to administer the same: "I do solemnly swear (or affirm) that I will impartially exercise and discharge the duties imposed on me by an act of Congress, entitled, 'An act for ascertaining and adjusting the titles and claims to land within the territory of Orleans and the district of Louisiana' to the best of my skill and judgment." It shall be the duty of the said commissioners to meet in their respective districts, at such place as the President shall have directed therein, for the residence of the Register or Recorder, on or
before the first day of December next, and they shall not adjourn to any other place, nor for a longer time than three days until the first day of March, one thousand eight hundred and six, and until they shall have completed the business of their appointment. Each board, or a majority of each board, shall in their respective districts, have power to hear and decide in a summary manner all matters respecting such claims, also to administer oaths to compel the attendance of, and examine witnesses, and such other testimony as may be adduced, to demand and obtain from the proper officer and officers, all public records in which grants of land, warrants, or orders of survey, or any other evidence of claims to land, derived from either the French or Spanish governments may have been recorded; to take transcripts of such record or records, or of any part thereof, to have access to all other records of a public nature, relative to the granting, sale, transfer, or titles of lands, within their respective districts; and to decide in a summary way, according to justice and equity, on all claims filed with the register or recorder in conformity with the provisions of this act, and on all complete French or Spanish grants, the evidence of which, though not thus filed, may be found of record on the public records of such grants; which decisions shall be laid before Congress, in the manner hereinafter directed, and be subject to their determination thereon: Provided however , that nothing in this act contained, shall be construed so as to recognize any grant or incomplete title bearing date subsequent to the first day of October, one thousand eight hundred, or to authorise the commissioners aforesaid to make any decision thereon. The said boards respectively shall have power to appoint a clerk whose duty it shall be to enter in a book to be kept for that purpose, full and correct minutes of their proceedings and decisions, together with the evidence on which such decisions are made, which books and papers, on the dissolution of the boards, shall be deposited in the respective offices of the registers of the land offices, or of the recorder of land titles of the district; and the said clerk shall prepare two transcripts of all the decisions made by the commissioners in favor of the claimants to land; both of which shall be signed by a majority of the said commissioners and one of which shall be transmitted to the officer exercising in the district the authority of surveyor general; and the other to the secretary of the Treasury. It shall likewise be the duty of the said commissioners to make to the secretary of the treasury a full report of all the claims filed with the register of the proper land office, or recorder of land titles as above directed, which may have been rejected, together with the substance of the evidence adduced in support thereof, and such remarks thereon as they may think proper; which reports together with the transcripts of the decisions of the commissioners in favor of the claimants, shall be laid by the secretary of the treasury before Congress at their next ensuing meeting. When any Spanish or French grant, warrant, or order of survey, as aforesaid, shall be produced to either of the said boards, for lands which were not at the date of such grant, warrant, or order of survey, or within one year thereafter, inhabited, cultivated, or occupied, by or for the use of the grantee; or whenever either of the said boards shall not be satisfied that such grant, warrant, or order of survey, did issue at the time when the same bears date, but that the same is antedated or otherwise fraudulent, the said commissioners shall not be bound to consider such grant, warrant, or order of survey, as conclusive evidence of the title; but may require such other proof of its validity as they may deem proper. Each of the commissioners and clerks aforesaid shall be allowed a compensation of two thousand dollars in full for his services as such; and each of the said clerks shall, previous to his entering on the duties of his office, take and subscribe the following oath or affirmation: to wit: I do solemnly swear (or affirm) that I will truly and faithfully discharge the duties of a clerk to the board of commissioners, for examining the claims to land, as enjoined by an act of Congress entitled "An act ascertaining and adjusting the titles and claims to land within the territory of Orleans, and the district of Louisiana." Which oath or affirmation shall be entered on the minutes of the board.
Sec. 6. And be it further enacted, That the secretary of the treasury shall be, and he is hereby authorized to employ three agents, one for each board, and whose compensation shall not exceed one thousand five hundred dollars each for
the purpose of appearing before the commissioners, in behalf of the United States, to investigate the claims for lands, and to oppose all such as said agents may deem fraudulent and unfounded. It shall also be the duty of the said agents for the district of Louisiana, to examine into, and investigate the titles and claims, if any there be, to the lead mines within the said district, to collect all the evidence within his power with respect to the claims to, and value of the said mines, and to lay the same before the commissioners, who shall make a special report thereof, with their opinions thereon to the secretary of the treasury, to be by him laid before congress at their next ensuing session. The said board of commissioners shall each be authorized to employ a translator of the Spanish and French languages to assist them in the dispatch of the business which may be brought before them, and for the purpose of recording Spanish and French grants, deeds, or other evidence of claims to the registers books: The said translator shall receive, for the recording done by him, the fees already provided by law, and may be allowed, not exceeding fifty dollars, for every month he shall be employed; provided that the whole compensation other than that arising from fees, shall not exceed six hundred dollars.
Sec. 7. And be it further enacted, That the powers vested by law in the surveyor of the lands of the United States south of the state of Tennessee, shall extend over all the public lands of the United States, to which the Indian title has been, or shall hereafter be extinguished, within the said territory of Orleans; and it shall be the duty of the said surveyor, to cause such of the said lands as the President of the United States shall expressly direct, to be surveyed and divided, as nearly as the nature of the country will admit, in the same manner, and under the same regulations as is provided by law, in relation to the lands of the United States north west of the River Ohio, and above the mouth of Kentucky River.
Sec. 8. And be it further enacted, That the location or locations of lands which Major General La Fayette is by law authorized to make on any lands, the property of the United States, in the territory of Orleans, shall be made with the Register or Recorders of the land offices established by this act in the said territory: the surveys thereof shall be executed under the authority of the surveyor of the lands of the United States, south of Tennessee; and a patent or patents therefor shall issue, on presenting such surveys to the secretary of the treasury, together with a certificate of the proper register or registers, stating that the land is not rightfully claimed by any other person: Provided , That no location or survey made by virtue of this section shall contain less than one thousand acres, nor include any improved lands or lots, salt spring or lead mine.
Sec. 9. And be it further enacted, That a sum not exceeding fifty thousand dollars, to be paid out of any unappropriated monies in the treasury, be, and the same is hereby appropriated for the purpose of carrying this act into effect.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States, and President of the Senate. March 2, 1805—APPROVED. TH: JEFFERSON.
AN ACT
Making appropriations for carrying into effect certain Indian treaties, and for other purposes of Indian trade and intercourse.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That for the purpose of defraying the expenses, that may arise in carrying into effect the treaties lately made between the United States and the tribes of Indians called the Delawares, Piankeethaws, Sacs and Foxes, the following sums, to be paid out of any monies in the treasury, not otherwise appropriated, be, and the same are hereby appropriated for the payment of the annuities stipulated in the said treaties to be paid to the said Indians; that is to say, to the Delawares, three hundred dollars annually, for five years, and the further sum of three hundred dollars, annually, for ten years: To the Piankeethaws, annually, for ten years, the sum of two hundred dollars; and to the Sacs and Foxes, one thousand dollars annually, so long as the treaty with them shall continue in force.
Sec. 2. And be it further enacted, That for the purpose of exploring the
Indian country, and of ascertaining proper and convenient places for establishing trading houses with the different Indian tribes within the territory of the United States, a sum of five thousand dollars be, and the same is hereby appropriated out of any monies in the treasury, not otherwise appropriated.
Sec. 3. And be it further enacted, That for the purpose of establishing additional trading houses with the Indian tribes, a sum not exceeding one hundred thousand dollars be, and the same is hereby appropriated, (the balance of a former appropriation being carried to the credit of the surplus fund) to be paid out of any monies in the treasury, not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate pro tempore. APPROVED, March 3, 1805. TH: JEFFERSON.
AN ACT
Making provision for the widow and orphan children of Thomas Flinn.
Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five hundred and eighteen dollars, with interest from the fifteenth of January, one thousand seven hundred and ninety three, be allowed to the widow of Thomas Flinn, an interpreter and guide, who was killed with Colonel John Harding, while employed in bearing messages of peace to the hostile Indians, in the year seventeen hundred and ninety two; and that the aforesaid sum and interest be paid to the said widow, for the use of herself and the orphan children of the said Thomas Flinn, out of any monies in the treasury, not otherwise appropriated.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate pro tempore. APPROVED, March 3, 1805. TH: JEFFERSON.
AN ACT
To extend jurisdiction in certain cases, to the territorial courts.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the superior courts of the several territories of the United States, in which a district court has not been established by law, shall in all cases in which the United States are concerned, have and exercise, within their respective territories, the same jurisdiction and powers which are by law given to, or may be exercised by the district court of Kentucky district; and writs of error and appeals shall lie, from decisions therein, to the supreme court for the same causes, and under the same regulations, as from the said district court of Kentucky district.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate pro tempore. March 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT
Further providing for the government of the district of Louisiana.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the country ceded by France to the United States, under the general name of Louisiana, which by an act of the last session of Congress was created into a separate district, to be called the district of Louisiana, shall henceforth be known and designated by the name and title of the territory of Louisiana, the government whereof shall be organised and administered as follows:
The executive power shall be vested in a governor, who shall reside in said territory, and hold his office during the term of three years, unless sooner removed by the President of the United States: He shall be commander in chief of the militia of the said territory, superintendent ex officio of Indian affairs, and shall appoint and commission all officers in the same, below the rank of general officers; shall have power to grant pardons for offences against the same, and reprieves for those against the United States, until the decision of the President thereon shall be known.
Sec. 2. There shall be a secretary, whose commission shall continue in force for four years, unless sooner revoked by

AN ACT For the relief of George Secone and Alexander Cameron. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That George Secone late a corporal in the fifth Maryland regiment, in the army of the revolution, be placed on the pension list of the United States, and receive from the fifth of March seventeen hundred and ninety, a pension of the half pay of a corporal, for and during his life.
Sec. 2. And be it further enacted, That Alexander Cameron, late a soldier in the second regiment of the North Carolina line of the army of the revolution, be placed on the pension list of the United States, and receive from the first day of January last, a pension of the half pay of a private for and during his life.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT To amend an act, entitled "An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act entitled "An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels and for other purposes" shall not be deemed to operate upon unregistered ships or vessels owned by citizens of the United States, in those cases where such ship or vessel is in possession of a sea letter, or other regular document, issued from a custom house of the United States, proving such ship or vessel to be American property: Provided however, that upon the entry of every such ship or vessel from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners reside, such owner or part owner or part owners shall make oath or affirmation, that the sea letter or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such ship or vessel. And if the owner or any part owner shall not reside at the port or place at which such or vessel shall enter, then the master or commander, shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen and marines of his squadron. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and the same are hereby presented to Commodore Edward Preble, and through him, to the officers, petty officers, seamen and marines attached to the squadron under his command, for their gallantry and good conduct, displayed in the several attacks on the town, batteries and naval force of Tripoli, in the year one thousand eight hundred and four.
Resolved, That the President of the United States be requested to cause a gold medal to be struck, emblematical of the attacks, on the town, batteries, and naval force of Tripoli, by the squadron under Commodore Preble's command, and to present it to Commodore Preble, in such manner, as in his opinion will be most honorable to him: And that the President be further requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks.
Resolved, That one month's pay be allowed exclusively of the common allowance to all the petty officers, seamen and marines of the squadron who so gloriously supported the honor of the American flag, under the orders of their gallant commander in the several attacks.
Resolved, That the President of the United States be also requested to communicate to the parent or other relatives of captain Richard Somers, lieutenants Henry Wadsworth, James Decatur, James R. Calwell, Joseph Imlay, and midshipman John Sward Dorsey, the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affection of a grateful country, and whose conduct ought to be regarded as an example to future generations.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT For the relief of George Secone and Alexander Cameron. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That George Secone late a corporal in the fifth Maryland regiment, in the army of the revolution, be placed on the pension list of the United States, and receive from the fifth of March seventeen hundred and ninety, a pension of the half pay of a corporal, for and during his life.
Sec. 2. And be it further enacted, That Alexander Cameron, late a soldier in the second regiment of the North Carolina line of the army of the revolution, be placed on the pension list of the United States, and receive from the first day of January last, a pension of the half pay of a private for and during his life.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT To amend an act, entitled "An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act entitled "An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels and for other purposes" shall not be deemed to operate upon unregistered ships or vessels owned by citizens of the United States, in those cases where such ship or vessel is in possession of a sea letter, or other regular document, issued from a custom house of the United States, proving such ship or vessel to be American property: Provided however, that upon the entry of every such ship or vessel from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners reside, such owner or part owner or part owners shall make oath or affirmation, that the sea letter or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such ship or vessel. And if the owner or any part owner shall not reside at the port or place at which such or vessel shall enter, then the master or commander, shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen and marines of his squadron. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and the same are hereby presented to Commodore Edward Preble, and through him, to the officers, petty officers, seamen and marines attached to the squadron under his command, for their gallantry and good conduct, displayed in the several attacks on the town, batteries and naval force of Tripoli, in the year one thousand eight hundred and four.
Resolved, That the President of the United States be requested to cause a gold medal to be struck, emblematical of the attacks, on the town, batteries, and naval force of Tripoli, by the squadron under Commodore Preble's command, and to present it to Commodore Preble, in such manner, as in his opinion will be most honorable to him: And that the President be further requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks.
Resolved, That one month's pay be allowed exclusively of the common allowance to all the petty officers, seamen and marines of the squadron who so gloriously supported the honor of the American flag, under the orders of their gallant commander in the several attacks.
Resolved, That the President of the United States be also requested to communicate to the parent or other relatives of captain Richard Somers, lieutenants Henry Wadsworth, James Decatur, James R. Calwell, Joseph Imlay, and midshipman John Sward Dorsey, the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affection of a grateful country, and whose conduct ought to be regarded as an example to future generations.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT For the relief of George Secone and Alexander Cameron. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That George Secone late a corporal in the fifth Maryland regiment, in the army of the revolution, be placed on the pension list of the United States, and receive from the fifth of March seventeen hundred and ninety, a pension of the half pay of a corporal, for and during his life.
Sec. 2. And be it further enacted, That Alexander Cameron, late a soldier in the second regiment of the North Carolina line of the army of the revolution, be placed on the pension list of the United States, and receive from the first day of January last, a pension of the half pay of a private for and during his life.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT To amend an act, entitled "An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act entitled "An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels and for other purposes" shall not be deemed to operate upon unregistered ships or vessels owned by citizens of the United States, in those cases where such ship or vessel is in possession of a sea letter, or other regular document, issued from a custom house of the United States, proving such ship or vessel to be American property: Provided however, that upon the entry of every such ship or vessel from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners reside, such owner or part owner or part owners shall make oath or affirmation, that the sea letter or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such ship or vessel. And if the owner or any part owner shall not reside at the port or place at which such or vessel shall enter, then the master or commander, shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen and marines of his squadron. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and the same are hereby presented to Commodore Edward Preble, and through him, to the officers, petty officers, seamen and marines attached to the squadron under his command, for their gallantry and good conduct, displayed in the several attacks on the town, batteries and naval force of Tripoli, in the year one thousand eight hundred and four.
Resolved, That the President of the United States be requested to cause a gold medal to be struck, emblematical of the attacks, on the town, batteries, and naval force of Tripoli, by the squadron under Commodore Preble's command, and to present it to Commodore Preble, in such manner, as in his opinion will be most honorable to him: And that the President be further requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks.
Resolved, That one month's pay be allowed exclusively of the common allowance to all the petty officers, seamen and marines of the squadron who so gloriously supported the honor of the American flag, under the orders of their gallant commander in the several attacks.
Resolved, That the President of the United States be also requested to communicate to the parent or other relatives of captain Richard Somers, lieutenants Henry Wadsworth, James Decatur, James R. Calwell, Joseph Imlay, and midshipman John Sward Dorsey, the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affection of a grateful country, and whose conduct ought to be regarded as an example to future generations.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT For the relief of George Secone and Alexander Cameron. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That George Secone late a corporal in the fifth Maryland regiment, in the army of the revolution, be placed on the pension list of the United States, and receive from the fifth of March seventeen hundred and ninety, a pension of the half pay of a corporal, for and during his life.
Sec. 2. And be it further enacted, That Alexander Cameron, late a soldier in the second regiment of the North Carolina line of the army of the revolution, be placed on the pension list of the United States, and receive from the first day of January last, a pension of the half pay of a private for and during his life.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT To amend an act, entitled "An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act entitled "An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels and for other purposes" shall not be deemed to operate upon unregistered ships or vessels owned by citizens of the United States, in those cases where such ship or vessel is in possession of a sea letter, or other regular document, issued from a custom house of the United States, proving such ship or vessel to be American property: Provided however, that upon the entry of every such ship or vessel from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners reside, such owner or part owner or part owners shall make oath or affirmation, that the sea letter or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such ship or vessel. And if the owner or any part owner shall not reside at the port or place at which such or vessel shall enter, then the master or commander, shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen and marines of his squadron. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and the same are hereby presented to Commodore Edward Preble, and through him, to the officers, petty officers, seamen and marines attached to the squadron under his command, for their gallantry and good conduct, displayed in the several attacks on the town, batteries and naval force of Tripoli, in the year one thousand eight hundred and four.
Resolved, That the President of the United States be requested to cause a gold medal to be struck, emblematical of the attacks, on the town, batteries, and naval force of Tripoli, by the squadron under Commodore Preble's command, and to present it to Commodore Preble, in such manner, as in his opinion will be most honorable to him: And that the President be further requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks.
Resolved, That one month's pay be allowed exclusively of the common allowance to all the petty officers, seamen and marines of the squadron who so gloriously supported the honor of the American flag, under the orders of their gallant commander in the several attacks.
Resolved, That the President of the United States be also requested to communicate to the parent or other relatives of captain Richard Somers, lieutenants Henry Wadsworth, James Decatur, James R. Calwell, Joseph Imlay, and midshipman John Sward Dorsey, the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affection of a grateful country, and whose conduct ought to be regarded as an example to future generations.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT For the relief of George Secone and Alexander Cameron. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That George Secone late a corporal in the fifth Maryland regiment, in the army of the revolution, be placed on the pension list of the United States, and receive from the fifth of March seventeen hundred and ninety, a pension of the half pay of a corporal, for and during his life.
Sec. 2. And be it further enacted, That Alexander Cameron, late a soldier in the second regiment of the North Carolina line of the army of the revolution, be placed on the pension list of the United States, and receive from the first day of January last, a pension of the half pay of a private for and during his life.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
AN ACT To amend an act, entitled "An act for imposing more specific duties on the importation of certain articles, and also for levying and collecting light money on foreign ships or vessels, and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sixth section of the act entitled "An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels and for other purposes" shall not be deemed to operate upon unregistered ships or vessels owned by citizens of the United States, in those cases where such ship or vessel is in possession of a sea letter, or other regular document, issued from a custom house of the United States, proving such ship or vessel to be American property: Provided however, that upon the entry of every such ship or vessel from any foreign port or place, if the same shall be at the port or place at which the owner, or any of the part owners reside, such owner or part owner or part owners shall make oath or affirmation, that the sea letter or other regular document possessed by such ship or vessel, contains the name or names of all the persons who are then owners of the said ship or vessel; or if any part of such ship or vessel has been sold or transferred since the date of such sea letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence or otherwise, in such ship or vessel. And if the owner or any part owner shall not reside at the port or place at which such or vessel shall enter, then the master or commander, shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander, where there is no owner, shall refuse to swear or affirm as aforesaid, such ship or vessel shall not be entitled to the privileges granted by this act.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
Resolutions expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen and marines of his squadron. Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and the same are hereby presented to Commodore Edward Preble, and through him, to the officers, petty officers, seamen and marines attached to the squadron under his command, for their gallantry and good conduct, displayed in the several attacks on the town, batteries and naval force of Tripoli, in the year one thousand eight hundred and four.
Resolved, That the President of the United States be requested to cause a gold medal to be struck, emblematical of the attacks, on the town, batteries, and naval force of Tripoli, by the squadron under Commodore Preble's command, and to present it to Commodore Preble, in such manner, as in his opinion will be most honorable to him: And that the President be further requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks.
Resolved, That one month's pay be allowed exclusively of the common allowance to all the petty officers, seamen and marines of the squadron who so gloriously supported the honor of the American flag, under the orders of their gallant commander in the several attacks.
Resolved, That the President of the United States be also requested to communicate to the parent or other relatives of captain Richard Somers, lieutenants Henry Wadsworth, James Decatur, James R. Calwell, Joseph Imlay, and midshipman John Sward Dorsey, the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affection of a grateful country, and whose conduct ought to be regarded as an example to future generations.
NATHL. MACON, Speaker of the House of Representatives. JOS. ANDERSON, President of the Senate, pro tempore. MARCH 3, 1805. APPROVED, TH: JEFFERSON.
IMPEACHMENT OF JUDGE CHASE. TUESDAY, FEBRUARY 12, 1805.
C. L. JOHN TAYLOR - Sworn.
Mr. Randolph. The witness will please to state the circumstances that passed in the rejection of his testimony, and other circumstances which have any relation to the conduct of Judge Chase on the trial of Callender.
Mr. Taylor. I was summoned as a witness on that trial on the part of Callender. I attended and was sworn: On being sworn, Judge Chase enquired what it was intended to prove by my testimony? I do not recollect the expressions of Judge Chase; nor do I recollect precisely, the answer made to this enquiry; but Judge Chase desired the counsel for the accused to reduce their questions to writing. They did so.
[Col. Taylor's testimony was here so distinctly heard, that we could not collect his words.]
I had come into court very near the hour when the court met, nor had I previously given any intimation of the testimony I could give either to Callender or his counsel. I should have added that after, I think the Judge had declared the witness could not be examined, he applied to the district judge for his opinion; who replied in so low a voice, that I could not tell what he said. But this was after he had given his own opinion that my testimony could not be received.
Mr. Randolph. You state that neither the accused nor his counsel knew the extent to which your testimony would go. Would your testimony, according to your belief, have had a material bearing on the charges against Callender?
Mr. Martin objecting to this question. Mr. Randolph said he would withdraw it.
Mr. Randolph. Did you observe anything unusual in conducting the trial?
Mr. Taylor. One or more motions were made by the counsel for Callender, who was interrupted by Judge Chase repeatedly. The words in which these interruptions were couched, I cannot recollect, though I formed an opinion of the style and manner of them; the effect of which was to produce laughter in the audience at the expence of the counsel. If I am required to declare the character in which I conceived them to be made, I am ready to do so.
There was here a short pause, when Judge Chase rose and said he had no objection to the opinion of the witness being delivered.
Mr. Taylor. I thought the interruptions were in a very high degree imperative, satirical and witty.
Mr. Randolph. Did there appear to you anything unusual in the manner of the counsel for the accused towards the court?
Mr. Taylor. I neither discovered the least degree of provocation given by the counsel, nor perceived any anger expressed by the court. Judge Griffin was silent, nor were Judge Chase's interruptions accompanied by the indication of any anger as far as I could perceive.
To an interrogatory made, Mr. Taylor said the interruptions of the court were extremely well calculated to abash and disconcert counsel.
Mr. Randolph. Do you recollect anything in relation to the objection taken by John Basset to serving as a juror?
Mr. Taylor. I by no means recollect the circumstances with precision, but the impression on my mind is strong, that Basset said that he had entertained some prepossession against the book called The Prospect Before Us, or against Callender, and that the Judge enquired whether he had any prepossession in regard to the charges in the indictment. He said no; and it was also said by him or by some other person brought forward as a juror, that he had not read the indictment. Judge Chase ordered him to be sworn.
Mr. Randolph. You were, I believe, a long time a practitioner of the law in the courts of Virginia?
Mr. Taylor. For a few years—about seven I practised the law.
Mr. Randolph. I will ask you if you have ever known a capias issued against a
person indicted for an offence not capital, or a person, presented for such an offence, tried at the same term the presentment was made?
Mr. Taylor. I must answer in the negative, but it is proper to remark that, as I never turned my attention to the practice of the criminal law, no great reliance ought on this point to be placed on my answer.
Mr. Randolph. Has it ever been the practice in the courts of Virginia for counsel to be compelled to reduce to writing, questions which they wish to propound, and submit them previously to the court?
Mr. Taylor. I have never seen such a practice in a case like that of Callender.
Mr. Randolph. Do you remember a question put by Mr. Chase to the counsel on the part of the United States with regard to permitting your testimony to be received?
Mr. Taylor. After the decision of the court, I do recollect Mr. Chase did express some such idea as that intimated in the question. The attorney for the district instantly expressed his dissent to what I conceived to have been in a very feeble manner recommended by the Judge.
Mr. Randolph. This intimation was after the positive rejection by the court?
Mr. Taylor. I think so, although I will not be positive, as I made no memorandums of what occurred.
Mr. Randolph. Was you present when a motion for a continuance was made, and do you recollect the grounds of it?
Mr. Taylor. I only recollect that it was founded on the affidavit of Callender: I have no recollection of the arguments used.
Mr. Nicholson. Do you recollect the grounds of the court for rejecting your testimony?
Mr. Taylor. I think on the ground that though it were admitted, it would not acquit the accused.
Mr. Randolph. Was any observation made personally to you after the testimony was rejected?
Mr. Taylor. None, sir.
Mr. Harper. You have said, you considered the interruptions of the court as highly calculated to abash the counsel; did you mean thereby to give your opinion that they were so intended, or that such was their tendency?
Mr. Taylor. I thought they were so intended, and they had their full effect. They were followed by a great deal of mirth in the audience. The audience laughed, but the counsel never laughed at all.
PHILIP N. NICHOLAS sworn.
In the year 1800, in the month of May, the circuit court of the United States sat at Richmond. Of this court Mr. Chase and Mr. Griffin were the Judges. I believe Mr. Chase sat alone for some time, for how long I do not recollect. Mr. Griffin did not, I believe, take his seat until the motion to continue the cause was renewed. On the first day of the court Judge Chase delivered a charge to the grand jury, and called their attention in a particular manner to infractions of the sedition law. The grand jury returned with a presentment against James Thompson Callender for a libel against the President by the publication of a work entitled "The Prospect Before Us." On this presentment the attorney for the district filed an indictment which the grand jury found a true bill.
Process was immediately issued on the indictment. My impression at the time and until very lately was that the process issued was a bench warrant. I have lately heard that it was a capias. For several days it was believed that Callender, who resided at Petersburg, could not be found, but the marshal at length arrested him and brought him into court. Mr. Hay and myself undertook his defence. My motive was that I believed the sedition law unconstitutional, and of course oppressive to any person prosecuted under it.
Mr. Hay and myself had an interview with Callender, in order to ascertain the grounds on which he expected to make his defence. Callender informed us that his witnesses were considerably dispersed, and that there were many documents which it would be necessary for him to obtain before he could be prepared for his trial. An affidavit was drawn, stating the absence of Callender's witnesses, the want of the documents, and that the counsel could not be prepared during that term. On this affidavit was founded the motion to continue the cause. This motion was urged with great earnestness and zeal, as we were convinced that justice could not be done, if the case was tried during that term. The arguments principally urged by us were, that the defendant had a constitutional right to compulsory process for his witnesses, and to counsel, but that these privileges would be nugatory, if the court would not allow time to summon the witnesses, and for counsel to prepare for the defence.
When the motion was first made, Mr. Chase sat alone; he did not absolutely reject the motion for a continuance, but he intimated in pretty strong terms his opinion that the affidavit did not afford a sufficient ground to continue the cause. Mr. Chase observed that the
evidence of Mr. Giles, as stated in the affidavit, was of a serious nature, that he would let the cause lay over till Monday, and in the mean time we might summon such of our witnesses as were accessible to us. On Monday Mr. Giles did not attend. Mr. Hay stated to the counsel that the badness of the weather during the preceding day had probably prevented Mr. Giles's attendance, and asked that the cause might lie over a few hours. The Judge said we might either let it lie a few hours, or until next day at our option: the latter was preferred. On Tuesday the motion was renewed to continue the cause. Amongst other arguments used in support of this motion, Mr. Hay observed, that by the laws of Virginia a person indicted for a misdemeanor was never tried at the term at which the indictment was found; but that a summons issued against him returnable to the next term.
Mr. Hay further stated, that as the sedition law gave the party accused the right to give the truth of the matter charged as a libelous in evidence, it resulted that the law meant only to include the case of facts falsely recited, and not the case of abuse or erroneous opinions; because they are not susceptible of proof, and their verity or falseness would depend on the particular course of thinking of those who were to judge in the case. Mr. H. Y. said he wished time to deliberate maturely on this view of the sedition law, and said that if his construction was correct, the jury in assessing the fine ought not to regard such parts of the indictment as related to mere matters of opinion. Here Judge Chase interrupted Mr. H. Y., and told him he was mistaken in supposing the jury were to assess the fine; this may be the case, said he, by your local state laws, but as applied to the courts of the United States, it is a wild notion. Mr. Chase said the cause in it come on, that the traverser had not stated in his affidavit that he could prove all the charges in the indictment to be true, that it was necessary for him to prove the truth of all to obtain his acquittal, and that as the absent witnesses were to give evidence as to part of the charges only, their absence afforded no good reason for a continuance. The motion to continue the cause was overruled, and Judge Chase directed the jury to be called. When the jury came to the book, I stated to the court that I believed there was ground of challenge to the panel, in consequence of one of the jurors who were returned having expressed opinions very hostile to the traverser. Mr. Chase, after looking into an authority which I quoted, and also into Coke Littleton, said the law was clear, that our objection did not apply to the panel, but to the individual juror; he further said we must proceed regularly, that we might either introduce testimony to prove that a particular juror had expressed an opinion on the case, or we might examine the jurors as they came to the book. We preferred the latter mode, and Mr. Hay asked if he might ask a question of the first juror who was sworn. Mr. Chase said that Mr. Hay must submit the question to his previous inspection, and that if he thought it a proper question it might be asked. Mr. Hay stated that the question, which he wished to ask, was, have you ever formed an opinion on the work, entitled "The Prospect Before Us

dence given in the case then before the court. Under these circumstances Mr. Rind proved that he had printed part of the Prospect for Callender, and took out of his pocket some of the original sheets from which he had printed parts of the work. Judge Chase himself compared these sheets with the work as published, and they were found to correspond. After the testimony on the part of the prosecution was finished, Col. Taylor of Carolina was called on the part of the traveler, & after he was sworn, Judge Chase asked, with apparent haste & earnestness of manner, what we expected to prove by that witness. We said we expected to prove that Mr. Adams had avowed in the presence of the witness sentiments favorable to monarchy or aristocracy, and that he had voted in the Senate against the sequestration of British debts, and the suspension of commercial intercourse with Great Britain. Judge Chase then said that we must reduce the questions to writing. This I objected to, and stated that it was a thing very unusual in our courts, that it had not been required by the court of the district attorney, when he examined witnesses against Callender, that it involved a dangerous principle, and was calculated to subject every question of fact to the control of the court, besides I added that I did not know the extent to which Col. Taylor's evidence would go, that I wished him to state all he knew, and that very probably the examination would point out new questions proper to be asked. I then stated that if the court insisted on the questions being reduced to writing, I would comply with their direction, but that I hoped it would not be considered as precluding us from asking any additional questions. The questions were then reduced to writing, and are as follows, viz:
1. Did you ever hear Mr. Adams express any sentiments favorable to monarchy or aristocracy, and what were they? 2. Did you ever hear Mr. Adams, whilst Vice President, express his disapprobation of the funding system? 3. Do you know whether Mr. Adams did not in the year 1794 vote against the sequestration of British debts, and the suspension of intercourse with Great Britain?
Judge Chase, after examining the questions, declared Col. Taylor's evidence inadmissible. No evidence can be received, said the Judge, which does not go to justify the whole charge; the charge is, that the President is a professed aristocrat, and has proved faithful and serviceable to the British interest. Now, you must prove both these points, or you prove nothing, and as your evidence relates to one only, it cannot be received—you must prove all, or none. These, I believe, were the precise words of the Judge. I think it right here to state that after Mr. Chase had declared Col. Taylor's evidence inadmissible, he said to the district attorney, that although the questions were improper, he wished the attorney would consent to let them be asked of the witness. The attorney said, he could not consent. The evidence of Col. Taylor being excluded, the attorney for the United States addressed the jury, and commented at considerable length on the indictment. After that, Mr. Wirt addressed the jury for the defendant.—He premised that the counsel for the traveler were placed in a very embarrassed situation; that the prisoner during the same term was presented, indicted, arrested, arraigned, tried; and that this precipitation precluded the possibility of obtaining witnesses or making the necessary preparations for arguing a cause of so much magnitude. Here Judge Chase interrupted Mr. Wirt, and told him, that he would not suffer anything to be said which reflected on the court. Mr. Wirt said he did not mean to reflect on the court, his object was only to apologize to the jury for the lameness of the defence. Mr. Chase replied that this apology contained the very reflection he disclaimed, and desired him to go on with the cause. Mr. Wirt then said, that an act of Assembly had adopted the common law of England as a part of the laws of Virginia, that an act of Congress had directed the United States courts sitting in Virginia to conform to the laws of the state in which such court might happen to sit, that by the common law the jury had a right to decide on the law as well as the fact; he then said, that if the jury upon enquiry should find the sedition law unconstitutional, they would not consider it as law, and if they did, they would violate their oaths. Here Mr. Chase said to Mr. Wirt, sit down sir. Mr. Wirt endeavored to explain, and said I am going on, sir, to—No sir, said Mr. Chase, you are not going on, I am going on. Judge Chase then read from a paper, which he held in his hand, an instruction to the counsel that they should not address the jury on the constitutionality of the act of Congress, but that arguments might be addressed to the court to prove the right of the jury to consider the constitutionality. Mr. Wirt then addressed the court. He said he had not considered the case elaborately, that it appeared to him so clearly that the jury had the right contended for, that he did not imagine it required any great research
to prove it. He then proceeded to state that it was certainly the right of the jury to consider of and determine both law and fact. Mr. Chase here remarked that Mr. Wirt need not give himself trouble on that point; we all know, said he, that the jury have a right to decide the law. Mr. Wirt then said he supposed it equally clear that the constitution is the law. Yes, sir, said Mr. Chase, the supreme law. If then, said Mr. Wirt, the jury have a right to decide on the law, and if the constitution is law, it follows syllogistically that they have a right to decide on the constitutionality of the law in question.
A non sequitur, sir, said Judge Chase. Here Mr. Wirt sat down.
I followed Mr. Wirt, and spoke concisely to prove the right of the jury to decide on the constitutionality of the sedition act. I believe I was not interrupted.
Mr. Hay followed on the same side, and in the course of the discussion laid down the position, that the jury had a right to decide the law as well as the fact. Mr. Chase interrupted him, to ask whether he meant to extend his position to civil as well as criminal cases; for if you do, sir, said the Judge, you are wrong; it is not law. Mr. Hay said, he believed the position to be universally true, but it was sufficient for his purpose if it was true in criminal cases. Mr. Hay proceeded a very little way further, before he was again interrupted by Judge Chase. Mr. Hay, who had been during the cause frequently interrupted, then folded up his papers, and appeared to be retiring from the bar. Mr. Chase, addressing him, said, go on sir. No sir, said Mr. Hay, I will not go on. What, sir, said Mr. Chase, will not you proceed with your cause. No, sir, said Mr. Hay; my mind is made up, and I will not proceed. The Judge told Mr. Hay he need not be captious. Mr. Hay replied, he was not captious. The Judge said, go on, sir; proceed, and you shall not again be interrupted, you may say what you please.
Mr. Hay, Mr. Wirt, and myself left the bar at the same moment, and I cannot state what happened after with any degree of certainty; Callender was however convicted by the jury.
Mr. Randolph. When you observed to the court, at the time you were directed to reduce your questions to writing, that the attorney for the U. States had not been required to do the same, was there any reply made by Judge Chase?
Mr. Nicholas. It was, I believe, stated by Judge Chase that the attorney for the United States had at the opening stated what he expected to prove by his witnesses.
Mr. Randolph. Did you hear any offer made by the court to postpone the trial of Callender for a month?
Mr. Nicholas. No sir, I did not hear such an offer, and I never heard it suggested until within a week or two, that such an offer was alleged to have been made. If such an offer had been made, I am sure we should have accepted it, as I know very well that a postponement would have been the most acceptable thing to us, except a continuance until the next term.
Mr. Randolph. Did the opinion of the court appear to be given after consulting with the district judge?
Mr. Nicholas. I never saw Judge Chase consult Judge Griffin but once, and that was after he had declared Col. Taylor's evidence inadmissible; he turned to Judge Griffin, and asked whether his brother Judge agreed with him, to which Judge Griffin assented.
Mr. Randolph. Did Judge Chase make use of any rude, unusual, and contemptuous expressions to the counsel, and what were they?
Mr. Nicholas. I recollect when he over ruled Col. Taylor's evidence, he said, my country has made me a Judge; and it is my duty to pronounce the law, the evidence of the witness is inadmissible, the counsel for the traveler know it to be so, but they wish to deceive and mislead the populace. I take the responsibility of this decision on myself, and say the evidence cannot be received.
At another time, Mr. Chase told the counsel, that they had all along mistaken this business, and kept pressing their mistakes on the court; and said repeatedly that what we urged as law, we knew not to be law. Many remarks of a similar nature were made, and in many instances the Judge seemed to endeavor to throw ridicule on the counsel. When Mr. Hay was endeavoring to prove that the declaration in the indictment, that the libel was of the tenor and effect following, held the prosecutor to a strict and literal recital, Mr. Chase said that it was not law, the counsel have contended, said he, that the recital ought to have been verbatim et litteratim; I wonder, continued he, that they had not contended for punctuatim also. In another instance, when Mr. Hay was adducing authorities to show that the title of the book ought to have been stated in the indictment, Mr. Chase observed he knew there were cases in which the title was recited. I remember one, continued he, in the case called the Nun in her Smock; but though it was recited in that case, it was not necessary, nor is it so in any case. It is difficult in language to convey an ade-
quate idea of Mr. Chase's manner; but in these and similar instances, from the sarcastic way in which he expressed himself, it was evidently his intention to throw ridicule on the counsel.
Mr. Randolph. You say that on the re-examination of Col. Taylor's evidence, Judge Griffin was consulted by Judge Chase; was he consulted before, or after the opinion of the court was pronounced?
Mr. Nicholas. It was after—
Mr. Randolph. In speaking of the district attorney, who, he said, had in opening the case stated the purpose for which he meant to introduce the witnesses, do you recollect that he said we were not bound to do this, and by the word we identifying himself with the public prosecutor?
Mr. Nicholas. I recollect that Judge Chase in the course of the trial used the term we in the manner alluded to; but I do not recollect with certainty in what part of the trial it was.
Mr. Randolph. Were you attorney general of the state of Virginia at that time?
Mr. Nicholas. I was, Sir.
Mr. Randolph. Did Judge Chase apply the epithet young men or young gentlemen, to you and the other counsel for the traveler?
Mr. Nicholas. I do not perfectly recollect whether he said young men or young gentlemen. I believe the latter, and as applied to me, it was true, for I was then a very young man.
Mr. Randolph. Is it the practice in Virginia to issue a capias to take the body of the party on presentments for misdemeanors at the term when the presentment is made or the indictment found?
Mr. Nicholas. By our act of assembly the proceedings on an indictment or information for a misdemeanor, is by summons returnable to the next term, and if the summons is returned executed, and the party does not appear, a capias is awarded returnable to the succeeding term. If the party comes in and pleads, his plea is received, and the cause stands over to the next term.
Mr. Randolph. Did you ever know the party in such case ruled to trial the same term the presentment was made.
Mr. Nicholas. Never.
Mr. Randolph. Did the counsel for the Traveler refer to the act of assembly, by which a summons is declared to be the proper process?
Mr. Nicholas. Mr. Hay mentioned it in his argument for a continuance; he said that as the laws of Virginia pointed out a summons, as the proper process, and there was no act of Congress directing a different procedure, he thought the United States court should allow the same time which the state laws did.
Mr. Harper. When you say that Mr. Hay referred to the law in question, do you mean he cited the particular act of assembly?
Mr. Nicholas. No, Sir, he referred generally to the Virginia laws, and said such was the process pointed out by them.
Mr. Harper. You said that the term we was used by Mr. Chase; how did you understand him to apply the expression?
Mr. Nicholas. I thought he identified himself with the prosecution.
Mr. Harper. In what part of the trial did this take place?
Mr. Nicholas. I do not particularly recollect, but I am sure he used the term we in the sense stated.
Mr. Harper. Is it unusual to give testimony by a person concerned in the commission of the offence for which another is indicted, and do you not as attorney general of Virginia consider it your duty to promise a witness in such case, that he shall not be prosecuted for any thing he may then testify?
Mr. Nicholas. No case has occurred since I have been in office in which such promise was made.
Mr. Harper. Are you correct, Sir—Do you particularly remember whether you was attorney general of Virginia at the time of the trial?
Mr. Nicholas. I certainly was—I had been a short time before the trial appointed by the executive, subject to the approbation, or rejection of the next legislature.
Mr. Nicholson. You say the council were frequently interrupted, pray how frequently?
Mr. Nicholas. The counsel were frequently interrupted during the trial; and as a general character of the trial, I can say that, on most of the points which were made, not many sentences were uttered by the counsel at a time without interruption.
The President. Were you present when the process was ruled against Callender?
Mr. Nicholas. I believe process was awarded whilst the court was sitting, but my impression at the time was that it was a bench warrant.
The President. Was any thing said in court against its being issued?
Mr. Nicholas. There was not.
The President. By whom was the process made out?
Mr. Nicholas. I do not positively know, I suppose it was made out by the clerk, but whether by the particular
direction of the court, or under an idea that it was of course, I do not know. (To be continued)
WASHINGTON CITY.
WEDNESDAY, MARCH 27.
Having received from Commodore Preble, information that the Neapolitan government cannot possibly spare to Commodore Barron, any of their gun-boats for the ensuing summer, the SECRETARY OF THE NAVY has issued orders for the equipment of TEN GUN BOATS to leave the U. States, so as to join our squadron in the Mediterranean about the 1st of July. Owing to the violent gale of wind that usually prevail on the coast of Tripoli before the month of July, gun-boats cannot be used to advantage, or even with safety, before that period.
New-Hampshire Election.
Accounts represent the issue of the Election for Governor as almost certain in favor of Mr. LANGDON. In 64 towns, the votes for Mr. Langdon are 6791—for Mr. Gilman 4908. Republican majority 1883.
NEW-ORLEANS Feb. 4.
On Saturday last arrived in this city, Doctor HUNTER, who was appointed by the President of the United States, conjointly with Mr. Dunbar, of Natchez, to explore the Ouachita river, and its borders, on his return from his tour. These gentlemen have completed the object of their mission, and have procured materials for an accurate chart of the river, and the immediate country it passes through. The Doctor gives a flattering account of the country, generally, through which he passed. He found a great variety of soil and situation—sometimes a low flat country, whose whole surface is overflowed by the river in the wet season—sometimes high and eligible, and at others broken, and rolling; but generally fertile and capable of the highest cultivation. He ascended the river about 500 miles, and found it uniformly gentle and beautiful (the velocity of the current not being more than half a mile an hour) from 80 to 100 yards in width, and capable of being navigated with boats, (with but few obstructions, which are easily removed) as high as the Little Missouri, a distance of 450 miles. The doctor, who is a chemist and mineralogist, found few objects worth notice—Iron could not be found in sufficient quantities to justify the erecting a furnace, and no other mineral of sufficient consequence to be named—Coal was found in places, but not in abundance, and of a very inferior quality. The country abounds in salt springs, some of which are of equal strength with the water of the ocean. He visited the famous medicinal, or hot springs of Ouachita, and found them amongst the greatest natural curiosities in the country—they issue from a hill or mountain, of upwards of 200 feet in height, and near 100 feet from its base—and on immersing the thermometer, it rose in some to 130, and in others to 150 degrees, Fahrenheit—the surface of the ground for some distance round, is so warm, as to be felt by the feet in walking over it, and snow melts on it immediately as it falls.—The doctor is of opinion that they possess extraordinary medical virtues.
From the information we have obtained from Doctor Hunter, and other gentlemen who have visited the Ouachita country, we are induced to believe that there are few parts of Louisiana, that hold out greater temptations to emigrants. Situated on a fine river; a variety of soil; eligible situations; a pure, salubrious atmosphere; and mild temperate climate; these are advantages, of which few parts of the world can boast.
Traveller's Hall.
THE subscriber tenders his sincere thanks to his friends for the very liberal encouragement which they have bestowed on him. He will finish one of his new rooms in a few weeks, which will be large enough to dine near 200 persons at a time, and will shortly after have the remainder of his additional building completed, which will give him a front of near 100 feet, in the most agreeable part of the town, and in the centre of business, being on the highest part of the public square. He has on hand, and has contracted for a constant supply of the best wines, and foreign spirituous liquors imported, and country provisions, stable forage, foreign & state newspapers—and has secured a quantity of liquors sufficient for the use of his table and bar during the season. He assures his friends, and that respectable part of the public who have patronized him, that there shall be nothing wanting which his time or purse will command, to render the TRAVELLER'S HALL a house of entertainment for genteel guests only, equal to any in America.
R. BRADLEY. Lexington, Kentucky, March 1st 1805. N. B. A stage runs from the TRAVELLER'S HALL to the Olympian Springs in the summer, and to Frankfort during the session of the Legislature. March 27—ep3m.
TEN DOLLARS REWARD.
STRAYED from Nottingham a bright bay gelding upwards of 14 1/2 hands, high, his body lengthy, mane and foretop intermixed with white hairs, and inclined to a cur appearance. An evident star in his forehead, a d1-eleve, a small snip leading from thence to the nose. His gait, a free and e'eg net pace, rising to a mixed galop, and in a manner somewhat uncommon shows the frog of his feet nearly at every step. Some marks of the saddle and harness are to be seen. Shod round when he went off. The above reward will be paid to any person delivering him to JAS G. WOOD. Nottingham March 27—3t
100 hundred dollars reward.
STOLEN from the stable of the subscriber, near Baltimore, last night, a large bay horse, about 6 or 7 years old near 16 hands high, has been entirely used as a carriage horse, and has the hair rubbed off in several places by the harness, particularly on his rump; one of his hind feet lock joints had been hurt when a colt, and appears stiff, is remarkable for not bearing the whip, will kick up his heels when struck, trots very rough and hard, a 10 paces. The thief is supposed to be a tall man, who was seen lurking about the place, had on a drab great coat, and half boots, fancy hair, &c. He also stole an old saddle with plated stirrups, and old bridle. Whoever takes up the horse and thief, and delivers the horse to the subscriber, and convict the thief of stealing the horse, shall be entitled to the above reward. MUEL N. SMITH. Baltimore, 27 March 1805.
Columbian Library.
THE annual meeting of the stock holders in the Columbian Library will be held at the Library room on Wednesday the 27th inst. at 5 o'clock in the evening, at which time and place, six directors are to be chosen for the ensuing year. DAVID WILEY, Secretary. Georgetown, March 27—
A SALE,
ON Monday the 15th day of April next, a sale if fair, if not the next fair day. The subscriber living on the premises, will offer at public sale to the highest bidder, a valuable
TRACT OF LAND.
Containing 275 acres, lying in Charles county state of Maryland, within half a mile of Nanjemoy Creek—about one half of the tract is cleared and under a good fence, the other half well wooded. It abounds in never failing springs of water. The soil is well adapted to tobacco, corn and wheat. The improvements are a large comfortable dwelling house, with other necessary buildings. The neighborhood consists of a general society of people, and the situation is pleasant and healthy. There are two mills for the grinding of grain, near to the said land; one within 1/4 and the other within 3/4 of a mile, with many other conveniences and advantages which it is considered unnecessary to mention in an advertisement, as those inclined to purchase may be more satisfactorily informed by viewing the land, &c.
The terms will be made known on the day of sale, or at any time previous thereto by application to JOSEPH ELGIN. March 27—tdf
PUBLIC SALE.
ON Saturday next the 30th inst. at 5 o'clock in the evening, at Stelle's Hotel, will be exposed to sale, four shares in the stock of the Washington Building Company, part of the estate of James Thompson deceased, terms made known at the time and place of sale by HENRY HERFORD, THOMAS HERTY, Administrators. City of Washington, March 27—2t.
NOTICE.
THIS is to give notice, that the subscriber of George Town, hath obtained from the Orphans court of Washington county, in the district of Columbia, letters of administration de bonis non, on the personal estate of William Deakens, jun. late of said town deceased. All persons having claims against the said deceased, are hereby warned to exhibit the same with the vouchers thereof to the subscriber at or before the 1st day of October next, they may otherwise by law be excluded from all benefits of the said estate. Given under my hand this 18th day of March, 1805. JOHN HOYE, admr' d' B. N.
NOTICE.
This is to give notice, that the subscribers of George Town, have obtained from the Orphan's court of Washington county in the district of Columbia, letters of administration on the personal estate of Francis Deakens, late of said town deceased. All persons having claims against the said deceased, are hereby warned to exhibit the same with the vouchers thereof, to the subscribers at or before the 1st day of October next, they may otherwise by law be excluded from all benefits of the said estate. Given under our hands this 18th day of March 1805.
JOHN HOYE, and LEO. M. DEAKENS Executors. ALL persons indebted to either of the said Deakens's estates, are requested to make immediate payment to the administrator and executors. JOHN HOYE. March 18—12w4w
Judge WILSON'S Works.
Just Published, and for sale by Rapine, Conrad, & Co
NKAR THE CA THE works of the F. L. L. D. late one of the Supreme Court professor of Law phi, 3 vols, w author. This vol author's connect comp int

PUBLIC NOTICE.
War Department, March 6, 1805.
CHARLES H. VARDEN, MERCHANT TAILOR.
Pursuant to a resolution of the House of Representatives of the United States of the 23th of February last, I am ready to receive separate proposals, until the first day of May next, for the supply of such articles of Stationery as may be necessary for the service of the said House, at and during the next session of Congress, and also like proposals, for the execution of all the Printing business of the said House, during the same session. The several species of Stationery and Printing wanted, are subjoined to this advertisement, and the proposals must be accompanied with the names and residence of sufficient securities for performance.
JOHN BECKLEY, Clerk to the House of Representatives of the United States.
City of Washington, 11th March, 1805.
STATIONARY WANTED.
 Letter paper, hot pressed, vellum, extra large, per ream.  Do. do. plain, per ream.  Folio post, wove and plain, per ream.  Do. medium size for engrossing, per ream.  Fools cap, per ream.  Kendy made pens, per hundred, and quills per hundred.  Best Dutch red wax, per lb.  Do. black do. per lb.  Red wafers, per lb.  Common black sand, in papers, and per dozen.  Water boxes and pounce boxes, per dozen.  Inks and sands, per pair.  Half pint phials with corks, per dozen.  Low priced folios, per dozen.  Lead pencils, per dozen.  Veil tape, in pieces, per gallon.  Ink of the best quality, per gallon.  Indian rubber, per bottle.  Parchment in skins, per dozen, cut, dressed, and pounced for use, 28 by 32 inches.  Office penknives, and crafting knives. 
The supply of these articles must embrace, a possible demand, to the value of 3,500 or 4,000 dollars, for the session. It is desirable that specimens of paper, quills and parchment should accompany the proposals; and in every instance, articles of American manufacture, of equal quality with, and not exceeding the price of similar imported articles will be preferred. A security equal to 8,000 dollars will be required.
PRINTING WANTED.
 ain wo k, per sheet, 300 impressions of each sheet.  Bills numbered per line, in sheet or half sheet, folio.  Figure work, in octavo, and in folio, same number of impressions.  Table work, in octavo, and in folio, same number of impressions.  Folding and stitching per hundred, for any number of documents exceeding three half sheets, and thence to twenty half sheets, and for all above.  Book binding in boards, per folio and octavo volume, marked sheep, and lettered. 
In every instance, the printer supplies the paper as well as the work, duly folded and stitched, and no possible delay is to occur, in the daily execution and delivery of the work, so that in all cases where it is practicable, the document ordered to be printed on any given day, may be ready for delivery, the next morning at the hour to which the House stands adjourned.
No extra allowance will be made, for working on Sundays, holidays, or after night; these must be considered by the contractor, in the price per sheet. The contract must embrace a possible amount of work, during the session, equal to 10,000 dollars, and the security required will be to the amount of 20,000 dollars.
JOHN BECKLEY.
March 13—ep3w
PROPOSALS
FOR PUBLISHING BY SUBSCRIPTION.
A MAP OF VIRGINIA,
Formed from actual Surveys, and the latest as well as most accurate observations.
BY JAMES MADISON, D. D. President of William & Mary College.
To which will be added
A MAP
Of the greater part of the state of OHIO, from actual surveys, including the whole of the Virginia Military tract; with all that part of the state west of the Ohio river, to the Indian boundary line.
The North-east corner of the map will be ornamented with an interesting view of the CITY OF RICHMOND. The size of the Map will be 5 feet 6 inches in length, and 3 feet 8 inches in breadth. An ingenious and skillful engraver is engaged to execute the work, in a style not inferior to any similar work in the United States.
CONDITIONS.
The price to subscribers will be eight dollars, neatly mounted, colored, and glazed. One dollar, (to lighten the great expense of publication) to be paid on subscribing. To non subscribers, the price will be ten dollars. Copy right secured.
IN offering the above work to the public, the proprietors are sensible that excellence is not often attainable; but with candor and truth, equally remote, from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people.
A map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years.
The labor, expence, and apparent difficulties, in accomplishing so interesting a work, have deterred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar productions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well grounded belief, that the magnitude and utility of the work, would insure its accomplishment, a remuneration. And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe she will view domestic productions, which prove eminently useful, with a generous pride.
Those gentlemen who take subscription papers, are requested to return them to the publisher, in Petersburg, by the first day of May.
The maps will be ready for subscribers, in the course of the ensuing summer. WILLIAM PRENTIS. Petersburg, Feb. 1805.
Subscriptions received by SAMUEL H. SMITH, and by several gentlemen with whom subscription papers are lodged. Feb. 20—tMar 31
FOR SALE.
the 3d of April next, A. M. By deed of trust dated 30th day of March 1804—will be sold at public sale, all the right and title of JOS. ALLISON, Esq. President of the Senate, situated near the city of Washington, to the house of JEFFERSON. For the term of years. RO.
DISCOVERED a few day since (in the Telegraph) a challenge by Samuel Norwood, Esq. Bonaparte against Democrat—
At Annapolis this fall, I proposed running Democrat against Bonaparte, carrying from 110 lbs to 140 at the discretion of Mr. Norwood; which was rejected. As Mr. Norwood refused the proposition made by me at that time, I am not bound to run the race proposed by him in the Telegraph—Democrat will run Bonaparte over the Annapolis race course, on the third Tuesday in May next, four miles and repeat, for 1000 dollars, pay or pay, carrying 126 lbs. each; which is the weight they are to carry by the rules of racing, both being seven years old spring—Should Mr. Norwood decline this offer, Democrat will cover mares next spring at the subscribers farm, from the first day of March until the first day of August, at Sixteen dollars each and Fifty cents for the groom. Democrat's pedigree is equal to the pedigree of any horse to be produced, having in him the blood of Medly, Eclipse, Figure, Dove, Godolphin, Arabian, and Mr. Tackin's Silima.
If this proposition is approved of by Mr. Norwood, notice will be given in the Maryland Gazette within forty days from the date hereof.
ISAAC DUCKETT.
December 21—tawt Apr 30
NOTICE.
A Gentleman of a good character, and qualified to teach English and Latin may meet with an eligible situation, by application to the teacher of the academy in Alexandria.
March 4—3w
Bank of Columbia.
THE Board of Directors having this day declared a dividend 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 or after Wednesday the 20th inst.
WILLIAM WHANN, Cashier.
March 18—6w
VILLARD'S LITTLE COTTAGE & SPRING GARDEN.
THE Ladies and Gentlemen of Washington and George Town, are respectfully informed, that the Cottage and Garden is open for their accommodation, and provided with Ice Creams, Tea, Coffee and other refreshments, as heretofore, by their humble servant.
Washington, March 19—3t
NOTICE.
The Legionary Court of Enquiry of the First Legion of the Militia of the District of Columbia, which met by adjournment at M c Laughlin's tavern in George Town, the 5th March inst. is again adjourned to meet at same place the 30th inst. at 10 o'clock in the morning. In instances where the command of the company has devolved on the Lieutenant, from the resignation of the Captain he is considered as a member of the Court and will attend as such.
WM. D. BEALL, Adj.
March 20—5t
FOR RENT.
THAT large and convenient three story BRICK TAVERN, in the city of Washington, fronting on the President's Square, lately occupied by Mr. Wm. Rhodes. To a good tenant it will be let on very low terms, and immediate possession given. For terms apply near the George Town college, to MARY ANN FENWICK.
March 18—tawt
Notice is hereby given.
THAT separate proposals will be received at the office of the Secretary for the Department of War, until 12 o'clock at noon of the first Wednesday in June next, for the supply of all rations that may be required for the use of the United States, from the 1st day of October 1805, until the 30th day of September 1806, both days inclusive, at the following places, viz.
First, At Niagara, Detroit, Michillimackinac, Fort Wayne, Chicago, Swan Creek, and at any place or places, where troops are or may be stationed, marched, or recruited within the state of Ohio, & territory of Michigan, & at any place or places within the Indiana territory north of the 41th degree of north latitude.
Second, At South West Point, Tellico, Knoxville, Nashville, and within the Cherokee nation between Tennessee and Georgia, and on the road between said river and Nashville, and at any place or places where troops are or may be stationed, marched, or recruited within the states of Kentucky and Tennessee.
Third, At the garrison near Vincennes on the river Wabash, at Fort Massac, New Madrid, Chickasaw Bluffs, Arkansas, Natchez and Fort Adams, and at any place or places where troops are or may be stationed, marched, or recruited in the Mississippi territory, except the county of Washington, and at any place or places in the Indiana territory south of the 41th degree of north latitude and fifty miles east of the Mississippi river.
Fourth, At St. Louis, St. Charles, Kaskaskia, Cahokia, and at any place or places, where troops are or may be stationed, marched, or recruited within the territory of Louisiana north of New Madrid, and at any place or places in the Indiana territory within fifty miles east of the Mississippi river and south of the 41th degree of North latitude, Fort Massac excepted.
Fifth, At New Orleans, Plaquemines, Point Coupee, Oachita, Natchezetoche, Appeloofas, Attakapas, Fort Stodderd, Fort St. Stephens, and at any place or places where troops are or may be stationed, marched, or recruited within the territory of Orleans, or in the county of Washington in the Mississippi Territory, and at any place or places on the west side of the Mississippi river below Arkansas.
Separate proposals will also be received as aforesaid for the supply of all rations, which may be required for the use of the United States, from the 1st day of January 1806, to the 31st day of December of the same year, both days inclusive, within the several states herein after mentioned, viz.
Sixth, At Fort Wilkinson, Cockspur Island and at any place or places where troops are or may be stationed, marched, or recruited, within the state of Georgia, and on the Indian boundary between Georgia and the Creek nation.
Seventh, At Charleston, Rocky Mount, on the head waters of the Santee, and at any place or places, where troops are or may be stationed, marched, or recruited, within the states of North and South Carolina.
Eighth, At Norfolk, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Virginia.
Ninth, At Fort M c Henry, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Maryland and the district of Columbia.
Tenth, At Fort Mifflin, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Pennsylvania, east of the river Susquehannah, and within the states of New Jersey, and Delaware.
Eleventh, At Pittsburgh, Carlisle, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Pennsylvania, west of the river Susquehannah.
Twelfth, At Fort Jay, West Point, Albany, Schenectady, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of New York, Niagara and its dependencies excepted.
Thirteenth, At Fort Trumbull, Fort Wolcott, and at any place or places, where troops are or may be stationed, marched, or recruited, within the states of Connecticut, Rhode Island and Vermont.
Fourteenth, At Fort Independence, (Boston harbour) and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Massachusetts, the town of Springfield, and the district of Maine, excepted.
Fifteenth, At Portsmouth, Portland, and at any place or places where troops are or may be stationed, marched, or recruited within the state of New Hampshire and the district of Maine.
Sixteenth, Proposals will also be received as aforesaid, for the supply of all rations, which may be required by the U. States, for the troops which are or may be stationed, marched, or recruited within the town of Springfield in the state of Massachusetts, & for the armourers and other persons employed in the United States' armoury at that place, from the 1st day of January 1806 to the 31st day of December in the same year, both days inclusive.
A ration to consist of one pound and one quarter of Beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations. The prices of the several component parts of the ration shall be specified; but the United States reserve the right of making such alterations in the price of the component parts of the ration aforesaid, as shall make the price of each part thereof bear a just proportion to the proposed price of the whole ration. The rations are to be furnished in such quantities, that there shall at all times, during the term of the proposed contract, be sufficient for the consumption of the troops at Michillimackinac, Detroit, and Chicago, for six months in advance; and at each of the other posts on the western waters, for at least three months in advance, of good and wholesome provisions, if the same shall be required. It is also to be permitted to all and every of the commandants of fortified places or posts, to call for, at seasons when the same can be transported, or at any time in case of urgency, such supplies of like provisions in advance, as in the discretion of the commandant shall be deemed proper.
It is understood that the contractor is to be at the expence and risk of issuing the supplies to the troops, and that all losses sustained by the depredations of an enemy, or by means of
the troops of the United States, shall be paid by the United States at the price of the articles captured or destroyed as aforesaid, on the deposition of two or more persons of creditable characters, and the certificate of a commissioned officer, stating the circumstances of the loss, and the amount of the articles for which compensation shall be claimed.
The privilege is understood to be reserved to the United States of requiring that none of the supplies, which may be furnished under any of the proposed contracts, shall be issued, until the supplies, which have been or may be furnished under contracts now in force, have been consumed; and that a supply in advance may be always required at any of the fixed posts on the seaboard, or Indian frontiers not exceeding three months.
H. DEARBORN, Secretary of War.
March 3—tawt
DIOMED.
This extraordinary horse, in as high health and vigor as he has ever been since his arrival in America, will stand the ensuing season at my stable, three miles below Richmond, on James river, and cover Mares at FIFTY DOLLARS the season the money to be sent with the Mares; or ONE HUNDRED DOLLARS by insurance, the money for the insurance to be paid in October, and returned in every instance where the mare shall not prove to have been in foal (except the property shall be changed) and all mares sent to Diomed last season, which proved not to have been in foal, are at liberty to come this season, gratis. Notes of hand for the insurance will be expected, to accompany the mares The season commences the 1st of March, and ends the 1st of August.
The pastures and inclosures are good and secure; the strictest attention will be paid all mares, particularly those in foal and those with colts, who shall have inclosures suitable to their condition—no responsibility for escapes or accidents.
The great size, figure and performance on the turf, added to the high prices which his colts command, gives him a decided superiority over any stallion in America.
To say nothing of the number of his colts who won in 1803, (the first season they appeared on the turf) which greatly surpassed (in number) those of any other horse, although he came to America many years after several stallions of high fame. In 1804 we find Mr. Tayloe's Hamiltonian winning five times, Mr. Homes's Peace Maker four times, Mr. Selden's Lavinia three times, and Stinger four times, Mr. Wythe's Mask twice, Mr. Ball's Florizel, three years old, winning two sweepstakes, which produced his owner 420 dollars, and many other good racers.
Mr. Ball has refused for this colt 5000 D s . Hamiltonian was sold in May last for 2000 D s .—Peace Maker was sold in October last for 2700 D s .—Lavinia in November for 2100, and 2000 refused for Stinger.
PEDIGREE.
DIOMED was got by Florizel, one of the best sons of King Herod his dam by Spectator, sister to Juno, (the dam of Dragon and Young Eclipse) his grandam (sister to Horatius, by Blank) his great grandam, Feather's dam, and full sister to the grandam of Cygnet and Blossom, by Childers, out of Miss Bevoir, by Grey Grantham, Paget, Turk, Betley Percival, Leeds, Arabian.
MILES SELDEN.
Tree Hill, March 6—w4t
TO LET.
THE House now in the occupation of Mr. JOHN WALL, situated on Eleventh street, west, between the Branch Bank and Theatre, containing 10 rooms, piazza and portico, carriage house, stable, smoke house, pump, of good water, and a good garden.
Possession may be had immediately. For terms apply to the subscriber near the premises.
PETER LENOX.
March 13—tawt
THE subscribers have opened a GROCERY STORE in the house near the Capitol, lately occupied by Mr. JAMES D. BARRY—where they have for sale, low, for cash or in exchange for country produce.
 Genuine Cogniac brandy,  Superior French do.  Old Jamaica spirits,  Madeira,  Sherry,  Lisbon,  Claret,  Brown Sugar, 1st and 2d quality  Loaf and Lump, do.  Molasses,  Firkin Butter,  Mould Candles,  Sweet Oil,  Spices of different kinds,  Fig Blue,  Starch,  Almonds;  Anchovies,  Capers,  Powder and Shot,  Excellent Wine Vinegar,  Gin,  Whiskey,  Hylon,  Imperial,  Young Mylon.  Teas, fresh, and of superior quality. Salt Herrings in Barrels. PETER HEALY, & Co. Washington, October 31—tf
VENDUE.
TO BE SOLD on the 15th day of April next at STELLE'S HOTEL, Capitol Hill—a variety of Household Furniture, consisting of, Beds and Furniture, with a large collection of other furniture, belonging to the Hotel, too numerous to mention—All sums under 100 dollars cash, and above, nine months credit, the purchaser giving approved notes with endorsers, on the bank of this place, or George Town, no article to be removed till settled for. Sale to commence at 10 o'clock.
Washington, March 22—tdof
NEGROES FOR SALE
IN pursuance of a decree of the high court of Chancery of Maryland, the subscribers will sell at public sale on Thursday the 4th day of April next, at the late dwelling place of Mrs. Margaret Bowie, near Nottingham, in Prince George's county, xx negroes slaves, ALL of them young and likely—The sale will begin at 12 o'clock, and be for cash.
PHILEMON L. CHEW, } Trustees. RD MARSHALL, } March 8—3w.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, calimeres, patent Beane's cord, toiletries, fancy and white Marcellies, black and figured silk, moleskins, fancy silk, Marcellies, constitution cords, velvets, Genoa cord, silk and fatten Florentines, superfine coating, knapped cloths, 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 near the Capitol, December 10—tf
One Hundred Dollars Reward.
ON Friday evening the 22nd inst. ROBERT W. PEACOCK, confined in the Jail of Washington County of the District of Columbia, upon a conviction of forgery at December Term, 1804, escaped from said Jail. He was before this conviction a prosecuting Attorney in the City of Washington and is very well known in Virginia and Maryland, having resided in both. He is a stout man, 5 feet 10 or 11 inches high, about 34 or 35 years of age, looks young of his age, has blue eyes, full face, fair and ruddy complexion, light hair, which he wears tied behind. He is also very much inclined to corpulency. Whoever apprehends the said felon, and secures him in any Jail, so that I get him again, shall receive the above reward from DANIEL C. BRENT, Marshal of the District of Columbia, March 25—3t
PROPOSALS
For carrying mails of the United States on the following post roads will be received at the General Post Office until the 20th day of April next
 1 From Washington city to Halifax old c h, once a week, estimated at 240 miles in three days.  Leave Washington every Saturday at 6 a m. and arrive at Halifax old c h. on Monday by 8 p m. Leave Halifax old c h. every Tuesday at 4 a m. and arrive at Washington on Thursday by 6 p m.  2 From Halifax old c h. Va. to Pickenville S. C. once a week, estimated at 276 miles, in 3 1-2 days.  Leave Halifax old c h. every Tuesday at 4 a m. and arrive at Pickenville the next Friday by 10 a m. Leave Pickenville every Friday at 2 p m. and arrive at Halifax old town on Monday by 8 p m.  3 From Pickenville to Coweta, Indiantown on Chattahoochee river, estimated at 280 miles, in 3 1-2 days.  Leave Pickenville every Friday at 2 p m. and arrive at Coweta the next Monday by 6 p m. Leave Coweta every Tuesday at 4 a m. and arrive at Pickenville the next Friday by 10 a m.  4 From Coweta on Chattahoochee to Fort Stodderd once a week, estimated at 246 miles, in 3 1-2 days.  Leave Coweta every Tuesday at 4 a m. and arrive at Fort Stodderd the next Friday by 10 a m. Leave Fort Stodderd every Friday at 2 p m. and arrive at Coweta the next Monday by 8 p m.  5 From Fort Stodderd to New Orleans once a week, estimated at 211 miles, in 3 days.  Leave Fort Stodderd every Friday at 2 p m. and arrive at New Orleans the next Monday by 2 p m. Leave New Orleans every Tuesday at 10 a m. and arrive at Fort Stodderd the next Friday by 10 a m. 
NOTE.
The contracts are to be in operation on the first day of May next and are to continue in force until the 1st day of July 1806, on the usual penalties for failures and delays and other conditions. GIBSON GRANGER, Postmaster-General.
General Post-office, March 18. 1805—A20
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving—he respectfully solicits a continuance of the patronage of his friends and the public; assuring them that 'tis his full determination to fit up his present hotel, and to conduct it, as to merit, he hopes, the preference of the public travelling, as well as those coming to the permanent seat of the Government of our Land of Liberty.
PONTIUS D. STELLE. Washington City, March 25—tf
FOR SALE or RENT.
THE Tavern for some years past occupied by PONTIUS D. STELLE, is situated on the Capitol Hill, and well calculated for a large and extensive business, the situation is well known. Possession can be had after the 15th of April next—for terms apply to DANIEL CARROLL, of Durdington. Washington, March 21—tut
TO PRINTEERS.
THE subscriber takes Order for type from the well known Foundry of William Caslin, jun. and Co. London—Specimens and list of London prices to be seen at Mr. Geo. W. Riggs, Georgetown.
CHARLES WIRGMAN, No. 215, Market-street, Baltimore. Jan. 16. tf
AT their wine Store in High street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual, will be attended to with the utmost attention. George Town, November 5—tf