The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1802-03-10 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
Vol. II
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCIX.
FIVE DOLLS. PER ANN.
WEDNESDAY, MARCH 10th, 1802.
PAID IN ADVANCE.
National Intelligencer.
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES.
FRIDAY, February 19, 1802.
DEBATE.
On the bill received from the Senate, entitled "An Act to repeal certain acts respecting the organisation of the courts of the United States."
[Mr. Bayard, continued]
I beg pardon of the committee for having consumed so much time upon points little connected with the subject of the debate. Till I heard the honorable member from Virginia yesterday, I was prepared only to discuss the merits of the bill upon which you are called to vote. His preliminary remarks were designed to have an effect which I deemed it material to endeavour to counteract, and I therefore yielded to the necessity of pursuing the course he had taken, though I was conscious of departing very far from the subject before the committee. To the discussion of that subject I now return with great satisfaction, and shall consider it under the two views it naturally presents; the constitutionality and the expediency of the measure. I find it most convenient to consider first the question of expediency, and shall therefore beg permission to invert the natural order of the enquiry.
To show the inexpediency of the present bill I shall endeavour to prove the expediency of the judicial law of the last session. In doing this it will be necessary to take a view of the leading features of the pre-existing system, to inquire into its defects, and to examine how far the evils complained of were remedied by the provisions of the late act. It is not my intention to enter into the details of the former system; it can be necessary only to state so much as will distinctly show its defects.
There existed, sir, a supreme court, having original cognizance in a few cases, but principally a court of appellate jurisdiction. This was the great national court of dernier resort. Before this tribunal questions of unlimited magnitude and consequence both of a civil and political nature received their final decision; and I may be allowed to call it the national crucible of justice, in which the judgments of inferior courts were to be reduced to their elements and cleansed from every impurity. There was a circuit court, composed in each district of a judge of the supreme court and the district judge. This was the chief court of business both of a civil and criminal nature.
In each district a court was established for affairs of revenue and of admiralty and maritime jurisdiction. It is not necessary for the purposes of the present argument to give a more extensive outline of the former plan of our judiciary. We discover that the judges of the supreme court in consequence of their composing a part of the circuit courts, were obliged to travel from one extremity to the other of this extensive country. In order to be in the court house two months in the year they were forced to be upon the road six. The supreme court being the court of last resort, having final jurisdiction over questions of incalculable importance, ought certainly to be filled with men not only of probity, but of great talents, learning, patience and experience. The union of these qualities is rarely, very rarely found in men who have not passed the meridian of life. My Lord Coke tells us no man is fit to be a judge till he has numbered the lucubrations of twenty years. Men of studious habits are seldom men of strong bodies. In the course of things it could not be expected that men fit to be judges of your supreme courts would be men capable of traversing the mountains and wildernesses of this extensive country. It was an essential and great defect in this court, that it required in men the combination of qualities, which it is a phenomenon to find united. It required that they should possess the learning and experience of years and the strength and activity of youth. I may say further, Mr. Chairman, that this court, from its constitution, tended to deterioration and not to improvement. Your judges, instead of being in their closets and increasing by reflection and study their flock of wisdom and knowledge, had not even the means of repairing the ordinary waste of time. Instead of becoming more learned and more capable, they would gradually lose the fruits of their former industry. Let me ask if this was not a vicious construction
of a court of the highest authority and greatest importance in the nation. In a court from which no one had an appeal and to whom it belonged to establish the leading principles of national jurisprudence.
In the constitution of this court as a court of last resort, there was another essential defect. The appeals to this court are from the circuit courts. The circuit court consists of the district judge and a judge of the supreme court. In cases where the district judge is interested, where he has been counsel, and where he has decided in the court below, the judge of the supreme court alone composes the circuit court. What then is substantially the nature of this appellate jurisdiction? In truth and practice the appeal is from a member of a court to the body of the same court. The circuit courts are but emanations of the supreme court. Cast your eyes on the supreme court; you see it disappear, and its members afterwards arising in the shape of circuit judges. Behold the circuit judges; they vanish and immediately you perceive the form of the supreme court appearing. There is, sir, a m. v. in this arrangement which is not friendly to justice. When the supreme court assembles, appeals come from the various circuits of the United States. There are appeals from the decisions of each judge. The judgments of each member pass in succession under the revision of the whole body. Will not a judge while he is examining the sentence of a brother to-day, remember that that brother will sit in judgment upon his proceedings to-morrow? Are the members of a court thus constituted, free from all motive, exempt from all bias which could even remotely influence opinion on the point of strict right; and yet let me ask emphatically, whether this court, being the court of final resort, should not be so constituted, that the world should believe and every suitor be satisfied, that in weighing the justice of a cause, nothing entered the scales but its true merits.
Your supreme court, sir, I have never considered as any thing more than the judges of affine sitting in bank. It is a system with which perhaps I should find no fault, if the judges sitting in bank did not exercise a final jurisdiction. Political institutions should be so calculated as not to depend upon the virtues, but to guard against the vices and weakness of men. It is possible that a judge of the supreme court, would not be influenced by the esprit du corps, that he would neither be gratified by the admiration nor mortified by the reversal of his opinions; but this, sir, is estimating the strength and purity of human nature upon a possible but not on its ordinary scale.
I believe, Mr. Chairman, that in practice, the formation of the supreme court frustrated in a great degree the design of its institution. I believe that many suitors were discouraged from seeking a revision of the opinions of the circuit court by a deep impression of the difficulties to be surmounted in obtaining the reversal of the judgment of a court from the brethren of the judge who pronounced the judgment. The benefit of a court of appeals well constituted is not confined to the mere act of reviewing the sentence of an inferior court, but is more extensively useful by the general operation of the knowledge of its excellence upon inferior courts. The power of uncontrollable decision is of the most delicate and dangerous nature. When exercised in the courts it is more formidable than by any other branch of our government. It is the judiciary only which can reach the person, the property, or life of an individual. The exercise of their power is scattered over separate cases, and creates no common cause. The great safety under this power arises from the right of appeal. A sense of this right combines the reputation of the judge with the justice of the cause. In my opinion it is a strong proof of the wisdom of a judicial system when its causes are carried into the court of the last resort. I would say, if it were not paradoxical, that the very existence of a court of appeals ought to destroy the occasion for it. The conscience of the judge, sir, will no doubt be a great check upon him in the unbounded field of discretion created by the uncertainty of law, but I should in general cases more rely upon the effect produced by his knowledge, than an inadvertent or designed abuse of power was liable to be corrected by a superior tribunal. A court of appellate jurisdiction organized upon sound principles should exist, though few causes arose for their decision; for it is surely better to have a court and no causes, than to have causes and no court. I now proceed, sir, to con-
der the defects which are plainly discernible, or which have been discovered by practice in the constitution of the circuit courts.
These courts from information which I have received, I apprehend were originally constituted upon a fallacious principle. I have heard it stated that the design of placing the judges of the supreme court in the circuit courts, was to establish uniform rules of decision throughout the United States. It was supposed, that the presiding judges of the circuit courts proceeding from the same body would tend to identify the principles and rules of decision in the several districts. In practice a contrary effect has been discovered to be produced by the peculiar organization of these courts. In practice we have found not only a want of uniformity of rule between the different districts—but no uniformity of rule in the same district. No doubt there was an uniformity in the decisions of the same judge, but as the same judge seldom sat twice successively in the same district, and sometimes not till after an interval of two or three years, his opinions were forgotten or reversed before he returned. The judges were not educated in the same school. The practice of the courts, the forms of proceeding as well as the rules of property, are extremely various in the different quarters of the United States. The lawyers of the Eastern, the middle and Southern States are scarcely professors of the same science. These courts were in a state of perpetual fluctuation. The successive terms gave you courts in the same district, as different from each other as those of Connecticut and Virginia. No system of practice could grow up, no certainty of rule could be established. The seeds sown in one term scarcely vegetated before they were trodden under foot. The condition of a suitor was terrible—the ground was always trembling under his feet. The opinion of a former judge was no precedent to his successor. Each considered himself bound to follow the light of his own understanding. To exemplify these remarks I will take the liberty of stating a case which came under my own observation. An application before one judge was made to quash an attachment in favour of a subsequent execution creditor—the application was resisted upon two grounds, and the learned judge, to whom the application was first made, expressing his opinion in support of both grounds, dismissed the motion. At the succeeding court a different judge presided, and the application was renewed and answered upon the same grounds. The second learned judge was of opinion, that one point had no validity, but he considered the other sustainable, and was about also to dismiss the motion, but upon being pressed at last consented to grant a rule to show cause. At the third term, a third learned judge was on the bench, and though the case was argued upon its former principles, he was of opinion, that both answers to the application were clearly insufficient, and accordingly quashed the attachment. When the opinions of his predecessors were cited, he replied, that every man was to be saved by his own faith. Upon the opinion of one judge, a suitor would let out in a long course of proceedings and after losing much time and waiting much money he would be met by another judge, who would tell him he had mistaken his road, that he must return to the place from which he started, and pursue a different track. Thus it happened as to the chancery process to compel the appearance of a defendant. Some of the judges considered themselves bound by the rules in the English books, while others concurred that a power belonged to the court upon the service of a subpoena to make a more rule for the defendant to appear and answer or that the bill should be taken pro confesso. A case of this kind occurred, where much embarrassment was experienced. In the circuit court for the district of Pennsylvania a bill in chancery was filed against a person, who then happened to be in that district, but whose place of residence was in the North-Western territory. The subpoena was served, but there was no answer nor appearance. The court to which the writ was returned, without difficulty, upon an application, granted a rule for the party to appear and answer at the expiration of a limited time, or that the bill be taken pro confesso. A personal service of this rule being necessary, the complainant was obliged to hire a messenger to travel more than a thousand miles to serve a copy of the rule. At the ensuing court, affidavit was made of the service and a motion to make the rule absolute. The scene immediately changed, a new judge presided, and it was no longer the same court.
The authority was called for, to grant such a rule; was it warranted by any act of Congress, or by the practice of the state? It was answered there is no act of Congress, the state has no court of chancery. But this proceeding was instituted and has been brought to its present stage, at considerable expense, under the direction of this court. The judge knew of no power the court had to direct the proceeding, and he did not consider that the complainant could have a decree upon his bill without going through the long train of process found in the books of chancery practice. The complainant took this course, and at a future time was told by another judge, that he was incurring an unnecessary loss of time and money, and that a common rule would answer his purpose. I ask you, Mr. Chairman, if any system could be devised more likely to produce vexation and delay. Surely, sir, the law is uncertain enough in itself, & its paths sufficiently intricate and tedious, not to require that your suitors should be burthened with additional embarrassments by the organization of your courts.
The circuit is the principal court of civil and criminal business; the defects of this court were therefore most generally and sensibly felt. The high characters of the judges at first brought suitors into the courts, but the business was gradually declining, tho' causes belonging to the jurisdiction of the courts were multiplying, the continual oscillation of the court baffled all conjecture as to the correct course of the proceeding or the event of a cause. The law ceased to be a science. To advise your client it was less important to be skilled in the books than to be acquainted with the character of the judge who was to preside. When the term approached, the enquiry was, what judge are we to have? What is his character as a lawyer? Is he acquainted with chancery law? Is he a strict common lawyer, or a special pleader?
When the character of the judge was ascertained, gentlemen would then, considering the nature of their causes, determine whether it was more advisable to use means to postpone or to bring them to a hearing.
The talents of the judges rather created the evil, than afforded a corrective for the vicious constitution of the courts. They had not drawn their knowledge from the same sources: Their systems were different, and hence the character of the court more essentially changed at each successive term. These difficulties and embarrassments banished suitors from the court, and without more than a common motive, recourse was seldom had to the federal tribunals.
I have ever considered it also, as a defect in this court, that it was composed of judges of the highest & lowest grades. This, sir, was an unnatural association; the members of the court stood on ground too unequal, to allow the firm assertion of his opinion to the district judge. Instead of being elevated, he felt himself degraded by a seat upon the bench of this court. In the district court he was everything, in the circuit court he was nothing. Sometimes he was obliged to leave his seat, while his associate reviewed the judgement which he had given in the court below. In all cases he was sensible that the sentences in the court in which he was, were subject to the revision and control of a superior jurisdiction, where he had no influence, but the authority of which was shared by the judge with whom he was acting. No doubt in some instances the district judge was an efficient member of this court, but this never arose from the nature of the system, but from the personal character of the man. I have yet, Mr. Chairman, another fault to find with the ancient establishment of the circuit courts. They consisted only of two judges, and sometimes of one. The number was too small, considering the extent and importance of the jurisdiction of the court. Will you remember, sir, that they hold the power of life and death, without appeal. That their judgements were final over sums of 2000 dollars, and their original jurisdiction restrained by no limits of value, & that this was the court to which appeals were carried from the district court.
I have often heard, sir, that in a multitude of counsellors there was wisdom, and if the converse of the maxim be equally true, this court must have been very deficient. When we saw a single judge reverting the judgement of the district court, the objection was most striking, but the court never had the weight which it ought to have possessed and would have enjoyed had it been composed of more members.
But two judges belonging to the court an inconvenience was sometimes
felt from a division of their opinions. And this inconvenience was but poorly obviated by the provision of the law that in such cases, the cause should be continued to the succeeding term, and receive its decision from the opinion of the judge who should then preside.
I do not pretend, Mr. Chairman, to have enumerated all the defects, which belonged to the former judicial system. But I trust those which I have pointed out, in the minds of candid men, will justify the attempt of the legislature to revise that system, & to make a fairer experiment of that part of the plan of our constitution which regards the judicial power. The defects, sir, to which I have alluded, had been a long time felt and often spoken of. Remedies had frequently been proposed. I have known the subject brought forward in Congress or agitated in private, ever since I have had the honor of a seat upon this floor. I believe, sir, a great and just deference for the author of the ancient scheme, prevented any innovation upon its material principles, there was no gentleman who felt that deference more than myself, nor should I have even hazarded a change upon speculative opinion. But practice had discovered defects which might well escape the most discerning mind in planning the theory. The original system could not be more than an experiment; it was built upon no experience. It was the first application of principles to a new state of things. The first judicial law displays great ability, and it is no disparagement of the author, to say its plan is not perfect.
I know, sir, that some have said, and perhaps not a few have believed, that the new system was introduced not so much with a view to its improvement of the old, as to the places which it provided for the friends of the administration. This is a calumny so notoriously false, and so humble as not to require nor to deserve an answer upon this floor. It cannot be supposed that the paltry object of providing for 16 unknown men could have ever offered an inducement to a great party, basely to violate their duty; meanly to sacrifice their character; and foolishly to forego all future hopes.
I now come, Mr. Chairman, to examine the changes which were made by the late law. This subject has not been correctly understood. It has every where been erroneously represented. I have heard much said about the additional courts created by the act of last session. I perceive them spoken of in the President's message. In the face of this high authority, I undertake to state, that no additional court was established by that law. Under the former system there was one Supreme Court, and there is but one now. There were seventeen district courts, and there are no more now. There was a circuit court held in each district, and such is the case at present. Some of the district judges are directed to hold their courts at new places, but there is still in each district but one district court. What, sir, has been done? The unnatural alliance between the supreme and district courts has been severed, but the jurisdiction of both those courts remains untouched. The power or authority of neither of them has been augmented or diminished. The jurisdiction of the circuit court has been extended to the cognizance of debts of 400 dollars, and this is the only material change in the power of that court. The chief operation of the late law is a new organization of the circuit courts. To avoid the evils of the former plan, it became necessary to create a new corps of judges. It was considered that the supreme court ought to be stationary and to have no connection with the judges over whose sentences they had an appellate jurisdiction.
To have formed a circuit court out of the district judges, would have allowed no court of appeal from the district court, except the supreme court, which would have been attended with great inconvenience. But this scheme was opposed by a still greater difficulty. In many districts the duties of the judge require a daily attention. In all of them business of great importance may on unexpected occurrences require his presence.
This plan was thought of; it was well examined and finally rejected, in consequence of strong objections to which it was liable. Nothing therefore remained, but to compose the circuit court of judges distinct from those of the other courts. Admitting the propriety of excluding from this court the judges of the supreme and district courts, I think the late Congress cannot be accused of any wanton expense nor even of a neglect of economy in the new establishment. This extensive country has been

divided into six circuits, and three judges appointed for each circuit. Most of the judges have twice a year to attend a court in three states, and there is not one of them who has not to travel farther, and who in time will not have more labour to perform, than any judge of the state courts. When we call to mind, that the jurisdiction of this court reaches the life of the citizen, and that in civil cases its judgments are final to a large amount; certainly it will not be said that it ought to have been composed of less than three judges. One was surely not enough, and if it had been doubtful whether two were not sufficient, the inconvenience, which would have frequently arisen from an equal division of opinion, justifies the provision which secures a determination in all cases.
It was additionally very material to place on the bench of this court, a judge from each state, as the court was in general bound to conform to the law and the practice of the several states.
I trust, Sir, the committee are satisfied that the number of judges which compose the circuit court is not too great, & that the legislature would have been extremely culpable, to have committed the high powers of this court to fewer hands. Let me now ask, if the compensation allowed to these judges is extravagant. It is less than half the allowance made to the judges of the supreme court. It is but a small proportion of the ordinary practice of those gentlemen of the bar, who are fit, and to whom we ought to look to fill the places. You have given a salary of 2000 dollars. The supreme judges of Pennsylvania, I believe, have more. When you deduct the expenses of the office, you will leave but a moderate compensation for service, but a scanty provision for a family. When, Mr. Chairman, gentlemen coolly consider, the amendments of the late law, I flatter myself their candour will at least admit that the present modification was fairly designed to meet and remedy the evils of the old system.
The supreme court has been rendered stationary. Men of age, of learning, and of experience, are now capable of holding a seat on the bench; they have time to mature their opinions in causes on which they are called to decide, and they have leisure to devote to their books, and to augment their store of knowledge. It was our hope by the present establishment of the court, to render it the future pride & honor, & safety of the nation. It is this tribunal which must stamp abroad the judicial character of our country. It is here, that ambassadors and foreign agents, resort for justice, & it belongs to this high court to decide finally, not only on controversies of unlimited value between individuals, and on the more important collision of state pretensions, but also upon the validity of the laws of the states, and of this government. Will it be contended that such great trusts ought to be reposed in feeble or incapable hands. It has been asserted that this court will not have business to employ it. The assertion is supported neither by what is past, nor by what is likely to happen. During the present session of Congress at their last term the court was fully employed for two weeks in the daily hearing of causes. But its business must encrease. There is no longer that restraint upon appeals from the circuit court, which was imposed by the authority of the judge of the court to which the appeal was to be carried; no longer will the apprehension of a secret, unavoidable bias in favor of the decision of a number of their own body, shake the confidence of a suitor, in resorting to this court, who thinks that justice has not been done to him in the court below. The progressive encrease of the wealth and population of the country, will unavoidably swell the business of the court. But there is a more certain and unfailling source of employment, which will arise in the appeals from the courts of the national territory. From the courts of original cognizance in this territory, it affords the only appellate jurisdiction. If gentlemen will look to the state of property, of a vast amount in this city, they must be satisfied that the supreme court will have enough to do for the money which is paid them.
Let us next consider, Sir, the present state of the circuit courts.
There are six courts, which sit in twenty two districts, each court visits at least three districts, some four. The courts are now composed of three judges of equal power and dignity. Standing on equal ground their opinions will be independent and firm. Their number is the best for consultation, and they are exempt from the inconvenience of an equal division of opinion. But what I value most, and what was designed to remedy the great defect of the former system, is the identity which the court maintains. Each district has now always the same court. Each district will hereafter have a system of practice and uniformity of decision. The judges of each circuit will now study, and learn and retain the laws and practice of their respective districts. It never was intended, nor is it practicable, that the same rule of property or of proceeding should prevail from N. Hampshire to Georgia. The old courts were enjoined to obey the laws of the respective states. Those
laws fluctuate with the will of the state legislatures, and no other uniformity could ever be expected, but in the construction of the constitution and statutes of the United States. This uniformity is still preserved by the control of the supreme court over the courts of the circuits. Under the present establishment, a rational system of jurisprudence will arise. The practice and local laws of the different districts may vary, but in the same district they will be uniform. The practice of each district will suggest improvements to the others, the progressive adoption of which will in time assimilate the systems of the several districts.
It is unnecessary, Mr. Chairman, for me to say any thing in relation to the district courts. Their former jurisdiction was not varied by the law of the last session.
It has been my endeavour, Sir, to give a correct idea of the defects of the former judicial plan, & of the remedies for those defects introduced by the law now designed to be repealed. I do not pretend to say that the present system is perfect, I contend only that it is better than the old. If, Sir, instead of destroying, gentlemen will undertake to improve the present plan, I will not only applaud their motives, but will assist in their labour. We ask only that our system may be tried. Let the sentence of experience be pronounced upon it. Let us hear the national voice after it has been felt. They will then be better able to judge its merits. In practice it has not yet been complained of; and as it is designed for the benefit of the people, how can their friends justify the act of taking it from them before they have manifested their disposition to part with it?
How, Sir, am I to account for the extreme anxiety to get rid of this establishment. Does it proceed from that spirit which since power has been given to it, has so unrelentingly persecuted men in office who belonged to a certain sect? I hope there will be a little patience; these judges are old and infirm men; they will die; they must die; wait but a short time, their places will be vacant; they will be filled by the disciples of the new school, and gentlemen will not have to answer for the political murder which is now meditated.
I shall take the liberty now, Sir, of paying some attention to the objections which have been expressed against the late establishment. An early exception which, in the course of the debate, has been abandoned by most gentlemen, and little relied on by any one, is the additional expense. The gentleman from Virginia stated the expense of the present establishment at 137,000 dollars. On this head the material question is, not what is the expense of the whole establishment, but what will be saved by the repealing law on the table. I do not estimate the saving at more 28,500 dollars. You save nothing but the salaries of 16 judges of 2000 dollars each. From this amount is to be deducted the salary of a judge of the supreme court, which is 3,500 dollars. Abolishing the present system will not vary the incidental expenses of the circuit court. You revive a circuit court whose incidental expenses will be equal to those of the court you destroy. The encreased salaries of the district judges of Kentucky and Tennessee must remain. It is not proposed to abolish their offices, and the admissions upon the other side allow that the salaries cannot be reduced.
If there were no other objection, the present bill could not pass without amendment, because it reduces the salaries of those judges, which is a plain undeniable infringement of the constitution. But, Sir, it is not a fair way of treating the subject to speak of the aggregate expense. The great enquiry is, whether the judges are necessary, and whether the salaries allowed to them are reasonable? Admitting the utility of the judges, I think no gentleman will contend, that the compensation is extravagant.
We are told of the expense attending the federal judiciary. Can gentlemen tell me of a government under which justice is more cheaply administered; add together the salaries of all your judges and the amount but little exceeds the emoluments of the Chancellor of England. Ascertain the expenses of state justice, and the proportion of each state of the expense of federal justice, and you will find that the former is five times greater than the latter. Do gentlemen expect that a system expanded over the whole union is to cost no more than the establishment of a single state? Let it be remembered, Sir, that the judiciary is an integral and co-ordinate part with the highest branches of the government. No government can long exist without an efficient judiciary. It is the judiciary which applies the law and enables the executive to carry it into effect. Leave your laws to the judiciaries of the states to execute, and my word for it in ten years you have neither law nor constitution. Is your judiciary so costly that you will not support it? Why then lay out so much money upon the other branches of your government? I beg that it will be recollected that if your judiciary costs you thousands of dollars, your legislature costs you hundreds of thousands, and your executive millions. An objection has been derived from
the paucity of causes in the federal courts, and the objection has been magnified by the allegation, that the number had been annually decreasing. The facts admitted, I draw a very different inference from my opponents. In my opinion they furnish the strongest proof of the defects of the former establishment, and of the necessity of a reform. I have no doubt, nay, I know it to be a fact, that many suitors were diverted from those tribunals by the fluctuations to which they were subject. Allow me however, to take some notice of the facts. They are founded upon the Presidential document No. 8. Taking the facts as there stated, they allow upwards of 50 suits annually for each court, when it is considered that these causes must each have exceeded the value of 500 dollars. and that they were generally litigated cases, I do not conceive, that there is much ground to affirm, that the courts were without business. But, Sir, I must be excused for saying, I pay little respect to this document. It has been shown by others in several points to be erroneous, and from my own knowledge, I know it to be incorrect. What right had the President to call upon the clerks to furnish him with a list of the suits which had been brought, or were depending in their respective courts? Had this been directed by congress, or was there any money appropriated to pay the expense? Is there any law which made it the duty of the clerks to obey the order of the executive? Are the clerks responsible for refusing the lists, or for making false or defective returns? Do we know any thing about the authenticity of the certificates made by the clerks? And are we not now aiming a mortal blow at one branch of the government, upon the credit, and at the instigation of another and a rival department? Yes, Sir, I say at the instigation of the President, for I consider this business wholly as a Presidential measure. This document and his message, shew that it originated with him; I consider it as now prosecuted by him, and I believe, that he has the power to arrest its progress, or to accomplish its completion. I repeat that it is his measure. I hold him responsible for it; and I trust in God that the time will come, when he will be called upon to answer for it as his act. And I trust the time will arrive, when he will hear us speaking upon the subject more effectually.
It has been stated as the reproach, Sir, of the bill of the last session, that it was made by a party at the moment when they were sensible, that their power was expiring and passing into other hands. It is enough for me, that the full and legitimate power existed. The remnant was plenary and efficient. And it was our duty to employ it according to our judgments and consciences for the good of the country. We thought the bill a salutary measure, and there was no obligation upon us to leave it as a work for our successors. Nay, Sir, I have no hesitation in avowing, that I had no confidence in the persons who were to follow us. And I was the more anxious while we had the means to accomplish a work which I believed they would not do, and which I sincerely thought, would contribute to the safety of the nation by giving strength and support to the constitution through the storm to which it was likely to be exposed. The fears, which I then felt, have not been dispelled, but multiplied by what I have since seen. I know nothing which is to be allowed to stand. I observe the institutions of the government falling around me, and where the work of destruction is to end God alone knows. We discharged our consciences in establishing a judicial system, which now exists, and it will be for those who now hold the power of the government to answer for the abolition of it, which they at present meditate. We are told, that our law was against the sense of the nation. Let me tell those gentlemen, they are deceived, when they call themselves the nation. They are only a dominant party, and though the fan of federalism should never rise again, they will shortly find men better or worse than themselves thrusting them out of their places. I know it is the cant of those in power, however they have acquired it, to call themselves the nation. We have recently witnessed an example of it abroad. How rapidly did the nation change in France, at one time Brissot called himself the nation—then Robespierre, afterwards Tallien and Barras, and finally Buonaparte. But their dreams were soon dissipated, and they awoke in succession upon the scaffold, or in banishments. Let not these gentlemen flatter themselves, that heaven has reserved for them a peculiar destiny. What has happened to others in this country, they must be liable to. Let them not exult too highly in the enjoyment of a little brief and fleeting authority. It was ours yesterday, it is theirs to day, but to-morrow it may belong to others.
[Mr. Bayard here stated, that he had gone through the remarks he had to make connected with the first point of the debate; that he observed, that the common hour of adjournment had gone by, and that he should sit down in order to allow the committee to rise, if they
thought proper; and that he should beg leave to be heard the following day upon the second point. After some conversation, the committee rose, reported—and the House adjourned.]
[Mr. Bayard's Speech to be continued.]
FROM THE FEDERAL GAZETTE.
Messrs. Tandy and Brown,
Having seen a paragraph in a Philadelphia paper, said to be copied from a Paris Gazette, describing a similar discovery to mine having been made in Paris, I shall esteem it a favor if you will give the said account a place in your paper; to which I shall add a short description of my discovery and the time when I first made it, with a view to explain to the world that our discoveries, though similar, have been made without a possibility of either the gentleman in Paris receiving any hint from me, or I from him—therefore, if there is any merit in the discovery, we are both equally intitled to it; and any further merit must be the just reward of him who applies the light in the best manner to the most useful purposes.
PARISIAN ACCOUNT.
A new invention now engages the attention of the Parisian economists: it is called the Thermo-Lamp. With the smoke of five or six logs of wood, weighing from 10 to 12 pounds each, carefully collected, and reduced to the state of gas or inflammable air, the inventor (citizen Lebon, and engineer) was able for 24 hours, to spread throughout seven large apartments, the mildest heat, and most vivid light, and at the same time to enlighten a large garden in such a manner as to make it appear like noon-day. The flame can be shewn detached from all support, and can be modelled to any shape: when enclosed in a chrysal globe the flame by no means coils it. Marvellous as this appears the Gazette de France asserts it with great confidence and great seriousness."
It does not appear by the above description in what month M. Lebon made his discovery: however, I shall not on that account antedate mine with a view to have the credit of being the first discoverer. In October last, I was making some experiments on the Baltimore coal, to ascertain the quantum of bitumen it contained, and during the process I discovered the mode of making the vapor burn with a beautiful and vivid flame.
It appears by the above account that M. Lebon's discovery is from wood, which I tried also, previous to my seeing the Paris account, but found that the flame was not so vivid nor the durability so great as the gas from the pit coal.
The description of M. Lebon's exhibition being so brilliant, it may lead many to expect that mine will be equally so: on which account it may be proper to note, that as I am as yet uncertain what support I shall meet with, I do not deem it prudent to prepare for an illumination on so large a scale; at the same time it will be found that I shall do more than I have promised, and if the receipts should be such as to enable me, I will do more for the honor and advantage of Baltimore than citizen Lebon appears to have done for Paris; for I will build a light-house that shall give more light than all the lamps in the streets at present put together, and by which an immense saving may be made. If I succeed in this, Baltimore will have the credit of being the first city in the world that ever was lighted on such a plan.
I take this opportunity of returning my thanks to those citizens who have already taken tickets, and inform them I expect to be ready to begin on Monday the 22d. but the day shall be fixed certain before the end of this week.
BENJ. HENFREY.
Baltimore, Feb. 16, 1801. B. H. will esteem it a favor if the printers in this city, and other large towns in the union, will give the above a place at their leisure.
BOLTING CLOTHS.
A GENERAL ASSORTMENT
OF
BOLTING CLOTHS
Of the best qualities and latest importations, are kept for sale by OLIVER EVANS, at the corner of Market and Ninth streets, Philadelphia, and
By OLIVER & EVAN EVANS, With BOHN and SLINGLUFF, at the corner of Market and Howard streets, Baltimore, Also, with DEAN & GARDNER, Union street, Alexandria.
The book entitled the YOUNG MILL-WRIGHT and MILLER'S GUIDE, may also be had at the above places. Jan. 29, 1802. ep4w&op4w
FOR SALE,
An excellent Blacksmith, together with his wife and three likely children, to wit, two boys, 10 and 8 years of age, and a girl four. The woman has been employed altogether in washing and ironing. An examination of the blacksmith's work will be his best recommendation. To save unnecessary applications the price of the family is 1,400 dollars.
V. PETTON. Stafford, March 8, 1802. zantf
We observed some time since in the Baltimore Anti-Democrat, a declaration of the Editor, that as the National Intelligencer had shamefully mutilated the speeches of the federal members on the subject of the judiciary, he would in future decline inserting the debate, as presented in the National Intelligencer, and wait until a report was received from a Stenographer of acknowledged abilities employed by the Editor of the Anti-Democrat.
Resolved not to abandon on trifling occasions the determination taken by the Editor, to reject as unworthy of notice remarks of hostile prints applied personally to him, knowing how very unimportant in general are the private feuds of printers, he abstained from any comment on an insinuation that might have been easily refuted.
The following paragraph from the New-York Evening Post, in connection with the above, seems, however, to merit notice; as silence might be considered as a tacit acknowledgment of the charge.
The New-York Evening Post, says: "We are sorry to perceive in the editorial paragraph of the Baltimore Anti-Democrat, that the National Intelligencer has subjected itself to the charge of shamefully mutilating the speeches of the federal members in the House. It is there observed, that the Washington Federalist has provided a Stenographer of acknowledged abilities to take the speeches, which besides are corrected by the respective speakers. We are glad to hear this, because we have been not a little mortified that from the more ample and satisfactory manner in which the debates have hitherto appeared in the National Intelligencer, we have thought ourselves obliged to extract from that paper, instead of the Washington Federalist."
It has been the invariable effort of the Editor of the National Intelligencer, in presenting the debates of the legislature to sustain the character of an impartial reporter; and he is persuaded, that those who examine his reports, will not scruple to allow the claim. He wishes no impression to be made upon the public mind, other than that which is founded on truth.
The facts with regard to the judiciary debates are these. When those debates commenced two reporters took the floor, one engaged for the Washington Federalist and the Anti-Democrat, conducted by the same editor—and the editor of the National Intelligencer. The latter had made decisive arrangements to present the debates with the greatest promptness that was consistent with correctness. This was accordingly done, and it is a fact, that the Washington Federalist and the Baltimore Anti-Democrat, have copied verbatim the speeches as given in the National Intelligencer, with the exception of one or two short speeches; and whether these last are given with more fidelity, we leave it with every intelligent reader to decide.
We ask the insertion of this statement in the Evening Post; assured that our just appeal to the candour of the Editor will not be misapplied?
Extract of a letter derived from a very respectable source in London, dated Nov. 20, 1801.
"Notwithstanding the fine and abundant harvest of the country, corn continues to be dear, and in the opinion of able judges will so far maintain its high price, that the ports will be open throughout the year."
A letter dated February 12, has been received from Mr. Lear, our Consul at Cape-Francois, from which the following circumstantial and interesting statement is derived.
On the second of February the French fleet, consisting of 14 sail of the line and 9 frigates, appeared off the harbour. Every thing was immediately put in motion. The whites rejoicing, and the blacks preparing for a dance. They did not attempt to come in that day, although the wind and weather were very favorable. A cutter belonging to the fleet came in, and an aid of the Admiral was sent to General Christophe, who commanded the town, to deliver to him the proclamation of the First Consul, and to know if he should make any opposition. The answer from Christophe was, that he was but a subordinate officer, and that he could not permit the ships to enter without the orders of the Governor. This determination and the preparation making for opposition, created a general alarm. Mr. Lear went round to the Americans, and advised them to get themselves and their most valuable effects on board the vessels in the harbour without delay. At midnight the mayor and municipality waited upon him, with a request that he would attend a deputation of their body on board the fleet, to endeavour to make some accommodation.

that would save the town. He readily consented, from motives of humanity, and from a wish to know their disposition towards the Americans. They embarked about 2 o'clock, and at the same time Mr. Lear gave orders to the American vessels in the road, to move over to the opposite side of the harbour, that they might be as far as possible from the town. The ships having stood off in the night, the deputation did not get on board the Admiral till one o'clock of the third inst. where the deputation were received by General Leclerc in a very severe manner, and informed that the ships would come in the next day at all events, and without any other terms than those offered in the proclamation (which follows this account.) After they had been dismissed, Mr. Lear was introduced to the general, and told him his double view in coming. He said as to the first, his determination had been delivered to the deputation, and as to the second, that the Americans might expect every protection he could give them.—Mr. Lear returned with the deputation; and they reached the town about sunset, when they went to General Christophe, and informed him of the issue of their mission. He declared he would not yield a point on his part.—Mr. Lear then asked him what the Americans had to depend upon. He said he would give permission in the morning for them to go on board their vessels. Mr. Lear retired to his house, and put up his most valuable papers and a few clothes, to take on board the American vessels with him in the morning. The town was filled with troops and other blacks from the country during the night. In the morning at day-light, Mr. Lear went to Christophe's for the order for the Americans to embark; and also desired that all the women and children and other whites might be permitted to go on board the American vessels, which would be ready to receive them. He was mounting his horse, and told him he would ride to the water and give orders to the guard to permit the Americans only to go on board the vessels. Mr. Lear entreated for the others, but in vain.—Mr. Lear made such disposition as to get off with a number of women and children who were there, and such Americans as appeared; all but 4 or 5 having gone on board.
The wind was high all day, and the fleet which was close in to the reef, could not enter the harbour.—In the afternoon armed men were sent on board the American vessels, and every white and black Frenchman found on board was taken out and carried in there.—Just before dark, one of the ships stood in very near the fort, with every appearance of entering. The fort fired at her, which was returned, and a cannonading took place. All the forts around the harbour fired constantly, although some were not within 6 miles of the ships. This was the signal for firing the town, which was immediately begun; and in about one hour it exhibited an awful scene of conflagration.—The ships did not attempt to come in.
The situation of the Americans on board the vessels was not very pleasant. They were totally defenceless, and within the power of the blacks; and a report had come off in the afternoon, that they would come on board, after burning the town, and destroy the vessels and massacre the people on board. There were 35 American vessels in the port (which was the whole number and a few small French ones excepted) and as there appeared no other chances for safety, after they should have gorged themselves on shore, but from some of the ships coming in (which they could not do in the night) or from a detachment of boats sent in by them with the troops, Mr. Lear determined at once to go out by the forts in a boat, and endeavour to get in a detachment of boats.—On passing the forts, every thing was silent, which convinced him they had abandoned them, after setting fire to the town.—He got out safely; and as the ships stood off, it was daylight before he got on board the Admiral. He told his situation to him, and the Admiral assured him he would go in with his ships without delay, as they could now go in as soon or sooner than the boats. Accordingly about 12 o'clock they entered the harbour, without a gun from the forts, which had been abandoned.—They found the American shipping safe, as the blacks were still pillaging the town amidst the flames. The troops instantly landed from the ships and the town was immediately cleared of the blacks, and a few houses (perhaps 60 out of 600) saved.
To attempt to describe the scene of desolation is impossible. The property lost by the Americans in the town was very considerable. In goods & debts due from those who lost their all, it must be nearly 300,000 dollars. Only one American lost his life, a Mr. Lanchester, of the house of Lanchester and Richardson, from Charleston, (S. C.). He tarried on shore with a determination to save his property or perish with it, and unhappily suffered. He was killed in his house, and almost consumed in the flames. Few other whites were killed, as they appeared to be more intent on plunder than murder. Three Americans saved their lives, but their goods were pillaged, viz. Mr. Dodge, Messrs. Hellen & Williams, and Messrs. D'Arcy and Stevenson.
Capt. Rogers, of the American navy, was there, and who displayed that dauntless spirit which he is known to possess, tarried on shore through the whole, and by his good management and intrepidity secured the lives of many whom he got off from the flames, and was the means of saving several houses.
The general in chief, expressed himself disposed to befriend the Americans in every way: but as yet, no American vessels have been allowed to dispose of or land their cargoes, neither have any been permitted to sail (excepting capt. Rogers, who has obtained a special permission). Mr. Lear was assured by the general, that he would give all expedition to establish the offices, that the vessels may enter and clear and unload their cargoes (such as have them). As to taking in cargoes, it is out of the question; for there is nothing left to load a single vessel: the destruction of the town is far greater than in the former conflagration.
Divisions of the ships and troops have gone to different parts of the Island; one to Port Republican, and one to the city of Santo Domingo; from these places Mr. Lear had not heard. A report was in town, that the French met with a powerful opposition at Port Republican, and lost 4 or 500 men, and that the place was destroyed. Others say, there was little resistance, and the place saved. They landed at Port au Prince, at Limbay, and at Port Dauphin; at all which places they met with resistance; but made good their landing. This is an evidence, that opposition was determined upon from the first. The sons of Toussaint came over in the fleet; and were treated by the officers with great attention. They had been in France for their education. To Christophe, it was declared by the aid of the admiral who was sent to him on the 2d inst. that himself, Toussaint, and the other chiefs who had conducted meritoriously in the late insurrection, would have their rank confirmed, their pay continued for life and full possession of their immense property, without its being questioned how they had acquired it. And he proposed to continue as a hostage for the fulfilment of these conditions by the general in chief, if he would give up the idea of resistance, but it had no effect upon him.
In addition to the above particulars we learn, that Mr. Lear had been received in the character of General Commercial Agent, by the General in Chief, who is viewed as an upright man, and whose wife (who is with him) is sister to the First Consul.
The payment for provisions, &c. derived from the Americans is offered to be made in bills on France, at 80 days sight, or part in cash and colonial produce.
That another division of 25 ships, and 20,000 troops are daily expected.
Toussaint was understood to be in the neighbourhood of the Cape during the occurrence of the above events.
Both Toussaint and Christophe were supposed, when Capt. Rogers failed, to be in the neighbourhood of the Cape, with a large body of troops; but it was thought that they would soon be obliged to disperse and fly to the mountains.
In the name of the French Government.
LIBERTY. EQUALITY. PROCLAMATION.
On board the Ocean, Pluviose Leclerc, general in chief of the army of St. Domingo, and capt. Gen. of the Colony, to the inhabitants of St. Domingo.
Inhabitants of St. Domingo, Read the Proclamation of the first Consul of the Republic; it insures to the blacks, that liberty for which they have so long fought; to commerce and agriculture, that prosperity without which Colonies cannot exist.
His promises will be faithfully fulfilled: to doubt them would be criminal. LECLERC.
PROCLAMATION.
The Consuls of the Republic to the Inhabitants of St. Domingo.
Inhabitants of St. Domingo,
Whatever may be your origin, and your colour, you are all Frenchmen, you are all free and equal before God and the Republic. France, like St. Domingo, has been a prey to factions and torn both by civil and foreign war.
But an entire change has taken place: All nations, have embraced the French nation, & have sworn to them peace and friendship; the French are likewise united among themselves, and have sworn to be friends and brothers.
Come then and likewise embrace the French, and rejoice in again seeing your European friends and brethren.
The government sends you general Le Clerc; he takes with him a strong force, in order to protect you against your enemies, and against the enemies of the republic. It has been told you, that this force was designed to ravish from you your liberty:—Reply, the republic has given us liberty, and the republic will not allow us to be deprived of it.
Rally round the captain general; he brings you abundance and peace. Let
all rally around him, for whoever shall dare to separate himself from the captain general, shall be considered as a traitor to his country, and the vengeance of the republic shall destroy him, as the fire destroys your withered canes.
Paris, at the palace of the Government, the 17th Brumaire, 10th year of the French Republic. (Signed)
BUONAPARTE, First Consul. (Signed.) H. B. Maret, Secretary of State, A true Copy. LECLERC.
List of American vessels at Cape François on the 12th February, 1802.
Ship America, Craig, Philadelphia. Hannah, Moore do. Success, King, Charleston. Ann, Terry, New-York. Traveller, Billings, Baltimore. Brig Mentor, Girard, Philadelphia. Dolphin, Johnston, Savannah. Augusta, Davis, Boston. Mary, Taris, Philadelphia. Lear, Low, Baltimore. Julia, Holt, Philadelphia. Nymph, Woodman, Boston. Gen. Warren, Bowman, Savannah. Hannah, Goldrich, Boston. Sally, Howland, New-York, Hope, Lee, do. Amphitrite, Spence, Philadelphia. Constellation, Fuller, N. Carolina. Venilia, Haurton, Baltimore. Schr Nelly, Rodger, Baltimore. Fanny, Thompson, Baltimore. Peggy, Allen, Philadelphia. Lydia, Brown, do. Rover, Veawick, do. Harmony, Levering, Alexandria. Alexander, Russell, Philadelphia. Eliza Ann, Ross, Norfolk. Talbot, Sorenson, Baltimore. Intrepid, Alderson, N. Carolina. Concord, Sharp, Philadelphia. Catherine, Cloutman, Boston. Little Tom Butler, Powers, Philad. Active, Calvert, Philadelphia. Sloop Friendship, Busker, Philadelphia. Spartan, Furlong, Baltimore.
HOUSE OF REPRESENTATIVES, U. S.
FRIDAY, March 5, 1802.
Resolved, That a committee be appointed on the part of this House to join such committee as may be appointed on the part of the Senate, for the purpose of laying out, agreeably to law, the unexpended balance of a sum of 5,000 dollars, heretofore appropriated to purchase books and maps for the use of the two Houses of Congress.
Messrs. Nicholson, Bayard, and Randolph were appointed the committee.
The House again went into committee of the whole on the naturalization bill, when several amendments were made, reported to the House, and agreed to; and the bill ordered to be engrossed on Monday next.
Resolved, That a committee be appointed to enquire whether any, and what provisions ought to be made for allowing pensions to persons who at this time labour under disabilities in consequence of wounds received in the actual service of the United States, and who are not provided for.
Committee appointed—Messrs. Giles, Griswold, Eustis, L. R. Morris, and Gregg.
The House went into committee of the whole on the bill for the accommodation of persons concerned in certain fisheries therein mentioned, who reported it without amendment; when it was ordered to a third reading on Monday next.
On motion of Mr. Griswold, the motion of Dr. Leib for the appointment of a committee to enquire into the expediency of abolishing the Navy Department was taken up, when Dr. Leib withdrew it.
MONDAY, March 8, 1802.
The Naturalization bill was read the third time, when the 4th section was recommitted to a committee of the whole.
Two engrossed bills, "For the accommodation of persons concerned in certain fisheries therein mentioned;" and for rebuilding the light houses on Gunnet Point, and at the Eastern end of New Castle Island: and for erecting a light house on Lynde's Point—were read a third time and passed.
Resolved, That a committee be appointed to enquire into the expediency of providing for the settlement of the claims to the lands held by settlers and traders at Detroit, under the British Treaty.
The Senate informed the House that they have disagreed to the "Act to allow a drawback of duties on goods exported to New-Orleans, &c."—and that they have also postponed to the next session the act for the relief of Philip Sloan.
The Senate returned the "Act for fixing the military establishment"—with several amendments, with some of which the House concurred, and with others non-concurred.
TUESDAY, March 9, 1802.
The Naturalization Bill was read, a third time, and passed.
On the first Lord's day in March 1802,
The Rev'd Jeremiah Moore, Lewis Richards, Adam Freeman, and William Parkinson, Ministers of the Baptist Denomination, having met pursuant to appointment in this city. After a suitable sermon delivered by Mr. Moore, constituted a church by the name of "The Baptist church in Washington City."
The design of this publication is to inform the Baptists far as it may extend, that a church of their denomination has been constituted here; which we hope will serve as an additional inducement to such as may feel inclined to remove to this city; as also to travelling Preachers of that denomination to visit their brethren, and preach to the people in this place.
On the fifth instant the committee of Ways and Means reported the following
BILL To repeal the internal taxes.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the
next, the collection of duties on stills and domestic distilled spirits, on refined sugars, licenses to retailers, sales at auction, pleasure carriages, and stamped vellum parchment and paper shall be discontinued, and all acts and parts of acts relative thereto shall be, and the same hereby are repealed: Provided, That for the recovery and receipt of such duties as shall have accrued, and on the day aforesaid remain outstanding, and for the payment of drawbacks or allowances on the exportation of any of the said spirits or sugars legally entitled thereto, and for the recovery and distribution of fines, penalties, and forfeitures, and the remission thereof, which shall have been incurred before and on the said day, the provisions of the aforesaid acts shall remain in full force and virtue.
Sec. 2. And be it further enacted, That the President of the United States shall be and he hereby is empowered, to discontinue the whole or any part of the officers employed in the collection of the said duties in any state, as soon as the collection shall have been completed and the accounts rendered to the treasury for settlement—and for the furtherance of this object he shall be and hereby is empowered to make such allowance as he shall think proper in addition to that now allowed by law to any of the said officers: Provided, That the sums thus allowed shall not in the aggregate exceed dollars.
Sec. 3. And be it further enacted, That the certificates accompanying foreign distilled spirits, wines, and teas, which are now furnished by the supervisors to the inspectors of the ports shall, from and after the aforesaid day of
be furnished by the collectors and surveyors of the customs. And it shall be the duty of the inspectors to account with the collectors for the application of such certificates in like manner and under the same regulations as heretofore they have accounted with the supervisors.
Sec. 4. And be it further enacted, That for preparing and issuing the certificates, the collectors shall be entitled to and receive the same compensation as heretofore has been allowed to the supervisors respectively.
STATE BALANCES.
On the 5th inst. Mr. Thomas made the following
REPORT, Which was ordered to lie on the Table.
The Committee appointed to enquire into the expediency of extinguishing the claims of the United States, for certain balances, which, by the Commissioners appointed to settle the accounts between the United States & the individual States, were reported to be due from several of the States to the United States;
REPORT—
That the following balances were, by the said commissioners, reported to be due from the states hereinafter mentioned, to wit:—From the state of New-York, two million, seventy-four thousand, eight-hundred and forty-six dollars; from the state of Pennsylvania, seventy-six thousand, seven hundred and nine dollars; from the state of Delaware, six hundred and twelve thousand, four hundred and twenty eight dollars; from the state of Maryland, one hundred and fifty-one thousand, six hundred and forty dollars; from the state of Virginia, one hundred thousand, eight hundred and seventy nine dollars; and from the state of North-Carolina, five hundred and one thousand, and eighty-two dollars.
That as none of these states has evinced a disposition to pay any part of those balances, except the state of New-York, who has been credited on the books of the treasury for two hundred & twenty-two thousand eight hundred and ten dollars, and six cents, for money expended in erecting fortifications, pursuant to an act of congress passed the 5th Feb. '99—such as it would be unequal to ask a further payment from that state exclu-
sively, and as it does not appear that any measure of coercion can ever be resorted to, a further continuance of the demands against those states, the justice and equity of which they do not admit, will, in the opinion of the committee, answer no useful purpose; but on the contrary, is calculated to occasion perpetual irritation and disquiet, as well to the creditor as to the debtor states.
The committee are therefore of opinion, that it is expedient to extinguish the claims of the United States for those balances, and for that purpose report a bill, which is herewith submitted.
New-York, March 5. By the brig Happy-Couple, Captain Wyeth, arrived last evening in 48 days from St. Maloes; we have received Paris papers of the 2d and 4th of January; but they do not contain an article of any importance. Captain Wyeth informs, that three days before he left St. Maloes intelligence was received there of the signing of the definitive treaty at Amiens on the 9th January.
[By Authority.]
AN ACT To repeal certain acts respecting the organisation of the Courts of the United States, and for other purposes.
Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act of Congress passed on the thirteenth day of February, one thousand eight hundred and one, intitled "An act to provide for the more convenient organization of the courts of the United States," from and after the first day of July next, shall be, and is hereby repealed.
Sec. 2. And be it further enacted, That the act passed on the third day of March one thousand eight hundred and one, intitled "An act for altering the times and places of holding certain courts therein mentioned, and for other purposes;" from and after the said first day of July next, shall be, and is hereby repealed.
Sec. 3. And be it further enacted, That all acts and parts of acts, which were in force before the passage of the aforesaid two acts, and which by the same were either amended, explained, altered, or repealed, shall be, and hereby are, after the said first day of July next, revived, and in as full and complete force and operation, as if the said two acts had never been made.
Sec. 4. And be it further enacted, That all actions, suits, processes, pleadings and other proceedings, of what nature or kind soever, depending or existing in any of the circuit courts of the United States, or in any of the district courts of the United States, acting as circuit courts, or in any of the additional district courts, which were established by the aforesaid act of Congress, passed on the thirteenth day of February, one thousand eight hundred and one, shall be, and hereby are, from and after the said first day of July next, continued over to the circuit courts, and to the district courts, and to the district courts acting as circuit courts respectively, which shall be first thereafter holden, and for the respective circuits and districts, which are revived and established by this act, and to be proceeded in, in the same manner as they would have been, had they originated prior to the passage of the said act, passed on the thirteenth day of February one thousand eight hundred and one.
Sec. 5. And be it further enacted, That all writs and processes, which have issued, or may issue before the said first day of July next, returnable to the circuit courts, or to any district court acting as a circuit court, or any additional district court established by the aforesaid act passed the thirteenth day of February one thousand eight hundred and one, shall be returned to the next circuit court, or district court, or district court acting as a circuit court, re-established by this act; and shall be proceeded on therein, in the same manner, as they could, had they been originally returnable to the circuit courts, and district courts acting as circuit courts, hereby revived and established.
NATHL. MACON, Speaker of the House of Representatives.
A. BURR,
Vice-President of the United States, and President of the Senate. APPROVED, March 8, 1802.
TH: JEFFERSON, President of the United States.
To Subscribers.
SUBSCRIBERS are respectfully informed, that as the invariable term of this Paper is the annual payment of FIVE DOLLARS in advance, it will be necessary, where such payment is not already made, to make immediate remittance.
For Sale, A NEGRO WOMAN about 21 years old, who is a good Cook, and a complete house servant in every other respect.—Also a large well formed horse, that goes well in a carriage, and pleasant under the saddle.—Enquire at this office. March 5, 1802. eptf

NOTICE.
Committed to the jail of Washington County, District of Columbia, the following Slaves, viz.
NEGRO Sarah Ann Owens—Committed the 20th February; says she belongs to William Foote, of Alexandria. Has a scar on her breast, is four feet one inch high, supposed to be about 23 years of age.
Also—A dark Mulatto Woman, calls herself Peggy—Committed 23rd February; says she belongs to Joshua Power, near Port Tobacco, Maryland. Has a scar on her right arm, occasioned by a burn—is 5 feet 4 inches high, supposed to be about 35 years of age. The owners of the aforesaid slaves are requested to come and pay charges and take them away; otherwise they will be sold for their fees, agreeably to law.
DANIEL C. BRENT, Marshal of the District of Columbia. March, 8, 1802. ep3w
NOTICE.
Will be offered for sale by Auction, on the 18th day of March next, on the premises, one moiety or half part of an excellent frame house in the City of Washington, on Pennsylvania Avenue, between the Seven Buildings and George-Town.
At present occupied by Mr. Watkins, and adjoining the brick house in which Mr. Amariah Frost lives. One half part of the lot will be sold with the house, and Jacob R. Rhodes's title to the same will be conveyed to the highest bidder. This property is taken by virtue of two writs of fieri facias to me directed, issued out of the circuit court of the United States, for the district of Columbia, sitting in the county of Washington, Frederick Betz, against Hugh Boyd, Jacob R. Rhodes, and George Haywood—Terms of sale cash—Time of sale 11 o'clock. A. M.
DANIEL C. BRENT, Marshal. ep3w Feb. 19, 1802.
FOR SALE.
I WOULD sell on reasonable terms, three or four hundred acres of land, in the centre of my estate at Marlinton, on the Virginia side of the river Potomac, about 45 miles below the City of Washington, and 13 distant from Fredericksburg; the whole constituting a very desirable situation for a substantial Farmer, on a moderate scale. This tract extends for length, from Potomac river across the neck of Accokeek creek—it has most beautiful situations on the river for aqueduct; it has a fine Rock & Herring Fishery, and a landing that must be very valuable, as it is the only bold water on the Potomac, that can be connected by land carriage with Fredericksburg. The soil is very rich, and it lies very well for cultivation, with a large bank of the richest shell marl—part of it is a most valuable firm marl, from which 100 to 150 tons of good hay might be annually taken, a portion of this is ditched and drained for timothy. The improvements are an overfloor's house, barn and negro quarters. If not before sold by private contract, it will be offered at public vendue on the 20th of May, on the premises, (the seller reserving a wild deliverable in the fall. Mr. William Hay, the present tenant, will show the premises to persons inclined to purchase.
JOHN F. MERCER. Annapolis. Feb. 26, 1802. ep3w.
FOR SALE.
THE subscriber is authorised to sell a tract of land containing four hundred acres, lying in Prince George county, on Oxen Run, adjoining the district of Columbia, and about two miles from the City of Washington, with a good road to that part of the Eastern Branch over which a bridge is to be built.—This land is healthy and abounds with springs of excellent water.
There are between twenty and thirty acres of meadow ground, with a fine stream through it, which may be prepared for timothy at a small expense, and at least two hundred acres in wood and timber. The wood itself will more than pay for the land. The cleared land, except a small part indeed, is of an excellent quality, and has on it a large tobacco house, and several houses suitable for the accommodation of labourers. This land has on it some elegant situations for country seats, commanding a view of the river and the city. If this land be not sold at private sale, before the 10th day of March next (and it be, timely notice will be given) it will on that day, if fair, if not, the first fair day thereafter be sold to the highest bidder on the premises. The greater part of the purchase money will be required down; a credit of three months will be given on the balance, the purchaser securing the punctual payment of the balance at the expiration of that time. Persons disposed to make a private purchase, may know the terms by application to Wm. Cooke, of Baltimore Town, of Mr. James F. Leslie of Manchester, Virginia, or Mr. John Addison at Greenough, near the City of Washington, or to the subscriber in the city of Washington.
PHILIP T. BAKER, Attorney for J. Addison. Jan. 18, 1802. ep3w
District of Columbia Washington County, to wit: THIS IS TO GIVE NOTICE.
THAT the subscribers of Washington county, in the District of Columbia, have obtained from the Orphan's Court of Washington County, in the said district, Letters of administration on the personal estate of Jasper De Carnap, late of Washington county 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 17th day of August next; they may otherwise by law be excluded from all benefit of the said estate—Given under our hands this 12th day of February 1802
ELIZABETH DE CARNAP, Administratrix. HENRY INGLE, Administrator, Of Jasper de Carnap, deceased. Feb. 15, 1802. 2aw2M
Public Auction.
Will positively be sold at the ferry on the premises, on Monday the 15th of March next, on terms that will then be made known.
ALL that tract of land, known by the name of Blue Plains, containing near 500 acres, on which Mr. William Bayly now lives. This property has been so frequently advertised and described, that it is supposed useless particularly to describe it; suffice it to say, it combines more advantages than any tract of its size in the United States. A good and indisputable title will be made upon receipt of the purchase money.
WALTER MACKALL, Trustee. Feb. 22, 1802. 2aw2w
IN COUNCIL,
Annapolis, January 20, 1802. ORDERED, That the resolution of the last session of the assembly respecting the debtors of the state, be published in the Maryland Gazette, at Annapolis; the Federal Gazette, the American, and the Telegraph, at Baltimore; the Museum, at George-Town; the National Intelligencer; Bargers' Gazette, Hager's-Town, and the paper at Easton, three times in each week for the space of three weeks successively for information; and all delinquent debtors are notified, that unless they make satisfactory payments to the treasurer of the Western or Eastern shore (as the case may be) on or before the tenth day of March next, suits will be commenced against them indiscriminately.
By order, NINIAN PINKNEY, Clerk.
BY THE HOUSE OF DELEGATES.
December 31, 1801. Resolved, That the Governor be and he is hereby authorised, by and with the advice and consent of the council, to direct suits to be commenced against such of the debtors to the state as he may think proper, and appoint an attorney or attorneys to any particular suit or suits so directed to be brought: Provided, That all debts due to the state shall be paid to the treasurer of the Western or Eastern shore, and to no other person or persons whatsoever. Resolved, That on the application of the governor to the treasurer of the Western shore, it shall be the duty of the said treasurer, and he is hereby required, to furnish the governor with correct statements of the debts due to the state.
By order, WM. HARWOOD, Clerk.
BY THE SENATE.
December 31, 1801. Read the first time and ordered to lie on the table.
By order, JOHN B. DUCKETT, Clerk.
BY THE SENATE.
December 31, 1801. Read the second time and amended to.
By order, JOHN B. DUCKETT, Clerk. Feb. 12, 1802. ep3w
In Council, Annapolis, Feb. 8, 1802.
Ordered, That the act to alter such parts of the constitution and form of government as relate to voters, and the qualifications of voters, passed at the last session of the general assembly of this state be published twice in each week, for the space of three months, successively, in the Maryland Gazette, at Annapolis; the Federal Gazette, the American and the Telegraph, at Baltimore; the Museum, at George-Town; the National Intelligencer; the paper at Easton; Bargers' paper, at Frederick-town, and in the Washington Spy.
By order, NINIAN PINKNEY, Clk.
An ACT to alter such parts of the constitution and form of government as relate to voters, and qualifications of voters.
Be it enacted by the General Assembly of Maryland, That every free white male citizen of this state, and no other, above twenty-one years of age, having resided twelve months in the county next preceding the election at which he offers to vote, and every free white male citizen of this state above twenty-one years of age, and having obtained a residence of twelve months next preceding the election in the city of Baltimore or the city of Annapolis, and at which he offers to vote, shall have a right of suffrage, and shall vote by ballot in the election of such county or city, or either of them, for delegates to the general assembly, elections of the senate, and sheriffs.
And be it enacted, That all & every part of the constitution and form of government of this state repugnant thereto, or inconsistent with the provisions of this act, shall be and the same are hereby abrogated, annulled and made void.
And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alteration of the said constitution contained therein shall be considered as a part, and shall constitute and be valid as a part, of the said constitution and form of government, to all intents and purposes, anything therein contained to the contrary notwithstanding.
February 19, 1802. 2aw.3m.
For Sale,
Or to To Let, on Ground Rent for ever, FIFTY LOTS,
SITUATE between the President's House and Capitol.—The titles to which is indisputable.
ISAAC POLOCK. Dec. 16. ep3w
The Subscriber
RESPECTFULLY informs the public, that he has removed from George-Town to the fountain inn, near Rindes's City Tavern. Where he is furnished with a good hostler, carriage house, and it being for eighteen horses, and every thing in his line to render the accommodation of travellers agreeable.—The strictest attention will be paid by
CHARLES ROGERS.
N. B. Ten or fifteen gentlemen can get board and lodging on moderate terms. Dec. 2. ep3w
THOMAS CARPENTER, TAYLOR,
SOLICITS a continuation of that generous encouragement which he has experienced from the Ladies and Gentlemen of this City and its vicinity. Having procured an elegant assortment of cloths, cassimeres, swansdowns, &c. and engaged workmen of superior talents. His unremitted attention shall be given to merit patronage.
Capitol Hill, next house east of Mrs. Finch's boarding house, and Pennsylvania Avenue between the President's square and Seven Buildings. Dec. 7, 1801. ep3w
CHARLES VARDEN,
Merchant Taylor, from Philadelphia, GRATEFULLY acknowledges the favors conferred on him by the gentlemen of this City, and flatters himself that the general satisfaction he has already given will merit a continuation of the same. He has also received a handsome assortment of goods from Philadelphia, consisting of,
Best superfine cloths, cassimeres, swansdown, Toylenets, Veleretts, Fancy Cords, Costings, Flannels, &c. N B Regimentals, Naval Uniforms, and Ladies' Habits, made in the neatest and most fashionable manner, and at the shortest notice—Washington City, New-Jersey Avenue, next to Mr. Rapine's book store. Dec. 16, 1801. ep3w
Lands for Sale.
WE will sell that valuable Farm, lying in Prince George county, containing 400 acres more or less, and one other tract containing 150 acres adjoining the above late the property of Richard Beall deceased; those lands are well timbered and watered, and at a small expense there might be made at least 40 acres of meadow. The improvements on the first mentioned land are a good dwelling house, kitchen, new barn, an excellent orchard, and several other convenient out houses; and the last mentioned land has a new Log dwelling house, and other convenient out houses. Those lands lie four miles from Bladensburg and ten from the City of Washington. For terms apply to Samuel N. Smallwood at the Washington Navy Yard, or to the subscribers living near the premises.
AZEL BEALL, RICHARD WALKER, Executors. March 1, 1802. en4w
A Good Bargain!
Will be sold by Public Sale, on Wednesday the 17th of March next, at 12 o'clock on the premises.
A VALUABLE Farm situate on Tom's Creek, near Emmitsburg, Frederick county Maryland; containing about 280 acres, 35 whereof are good meadow, mostly timothy, and well watered—120 acres timber land, and the remainder good farming land. Well adapted for raising grain and clover; there is on said farm a two story log dwelling house and kitchen, a stone milk house, and smoke house; a full house with two stills and a boiler, and a constant stream of water running through both. A good log barn 64 by 30 feet, a new frame cow house 50 by 30 and other convenient buildings, a large apple orchard, containing more than 600 trees; and a large number and variety of peach and cherry trees. This farm is well watered; every field having a constant stream running through it. One thousand pounds will be required to be paid in hand, the remainder of the purchase money in three equal yearly payments. If the purchaser will pay the whole in hand, a generous discount will be made. At the same time and place will be offered for sale 280 acres, joining the above; the two have always been one farm, and will be sold separate or together as may suit the purchaser. The day following a large flock of horses, cattle, sheep, hogs, farming utensils, and household furniture, will be sold.
JOHN M. BAYARD. Feb. 26, 1802. ep3w&U.G.
VALUABLE
LAND FOR SALE.
FOR sale about 4500 acres of land belonging to the estate of Judge Mercer, deceased, and situated in the county of Loudon, on the waters of Goose Creek, about 40 miles from Alexandria and the Federal City. A large portion of this tract is meadow ground, of good quality, and the soil of the high land is well adapted to every species of produce usually cultivated on land similarly situated in the upper country. Such portion of it as remains uncleared, affords an extensive and excellent range for stock of every kind. On one part of this land is one of the most valuable mill seats in the state. The supply of water is inexhaustible, and the mill could be erected immediately on the side of the public road leading from Winchester to Alexandria. It is computed that the number of wagons almost constantly travelling along this road, amount to at least 5 or 600. So that a ready market might always be had here, for a very considerable quantity of grain and hay.
It is deemed unnecessary to describe more particularly the many advantages of this tract of Land, as it is expected that all persons disposed to purchase, will first view the premises.
To accommodate purchasers the whole tract will be divided into lots of 4 or 500 acres each, with as much wood and meadow land to every lot as circumstances will admit. And it is believed that the whole 4500 acres may be so laid off into farms of the above-mentioned size, as to leave in each as much wood and meadow land as would be desired.
The price and time of payment will be made known by the subscribers. Letters directed to John T. Brooke, Fredericksburg, or to James M. Garnett, Laytons, will be answered without delay.
JOHN T. BROOKE, JAMES M. GARNETT, Adm'rs Feb. 8, 1802. ep3w
FOR SALE.
A superb Carriole with plated Harness. ALSO a pair of young, handsome and fast PONES, and a capital faddle horse, who never was in harness. Enquire of the Printer. Dec. 18. ep3w
South-Carolina College.
IN pursuance of a resolution of the Board of Trustees of the South-Carolina College, Notice is hereby given, that a premium of THREE HUNDRED DOLLARS is offered for the best original plan of a College, which shall be transmitted under seal to the President of the Board, on or before the fourth Monday in May next, and which on examination may be approved of, and accepted by the Board. In projecting the said plan, due attention must be paid, to the expenses of erecting the same in stone or brick, at Columbia, in this state, which must not exceed fifty thousand dollars, and the building must be so calculated as to be capable of accommodating the greatest possible number of students, besides having rooms adapted to the studies and exercises of the institution, and for the accommodation of the professors. The above premium will be paid to the author of the best original plan, which on being received, is approved by the Board, as meeting the purposes hereby required.
By order of his Excellency JOHN DRAYTON, Governor and commander in chief of this state, and President of the Board.
DANIEL HUGER, Private Secretary to his Excellency. South-Carolina. Charleston, March, 5, 1802. 4t.N.2U
Public Auction.
By virtue of an order from the Orphan's court of Prince George county, will be exposed to Public Sale for cash, on the 24th day of March next, at the dwelling of Richard Lamar, in said county.
ALL the property of Mary Lamar, deceased; consisting of twelve negroes, among which are women, girls, and boys—Also a variety of household furniture.
All persons indebted to the said estate are desired to make payment immediately; and those that have claims against the same, are required to exhibit them properly authenticated, before the first day of May next, to the subscriber.
JOHN LAMAR, Adm'r. Feb. 19, 1802. ep3w
NOTICE.
COMMITTED to the Jail of Washington County, in the District of Columbia, as a Runaway, a Negro Woman named CHARLOTTE, about nineteen years of age, five feet four or five inches high. She says she is the property of Lewis St. John, near Battle Town, Frederick county, Virginia. The owner is requested to come and pay Charges and take her away.
DANIEL C. BRENT, Marshal of the District of Columbia. Feb. 5, 1802. ep3w
Farming Lands for Sale.
THE Subscriber would sell about 1000 acres of the tract of Land whereon Dr. John D. Orr at present resides, in the county of Prince William, situated a few miles from the seat of the district Court, and within convenient marketable distance of the Occoquan Mills and Dumfries. It is of the first rate quality of soil, is abundantly supplied with wood and water, and has a large proportion of ground which is in a peculiar manner adapted to the growth of timothy grass.
Also the tract of land adjacent to the above, late the property of Mr. Thomas Swann of Alexandria, together with about 100 acres of woodland, of the above described tract, making about 1550 acres; the quality and advantages being similar to that. The first-mentioned tract will be conveyed to the purchaser free from every encumbrance, a considerable payment in hand will be expected, and the lowest price per acre twenty dollars. Possession to be given the ensuing spring, with a reservation of the growing crop of small grain, but the last-mentioned tract will be sold subject to existing Leases for short terms of years, under strict covenants guarding against waste and injury of the property, &c. and subject to the purchase money which will be due for the same to Mr. Swann, with interest, in about 9 years. The payment required in hand is the remainder of the amount, about two thousand pounds; and the price per acre is eighteen dollars.
Also the reversionary interest in the Piedmont Tract, situated below the mountain called the Short Hill, in Loudon county, consisting of several thousand acres, chiefly under Leases to the occupants, and forming perhaps the best settlement in Virginia, of the same extent, extremely well watered; improved with the best meadows and orchards, and peculiarly adapted to the use of the Planter of Paris. This Land will be sold in Lots consisting of one or more tenements, as may best suit purchasers, together with one or more Lots of woodland to be laid off on the S.E. side of the Short Hill for the convenience of any of said tenements that may be scarce of wood. There are several good mill seats upon this tract, which is not more than 55 miles from Alexandria and the City of Washington, and no part of it more than 15 miles from Leesburg. The price per acre will be various, according to the quality and advantages of the Land, and circumstances of the Leases, but an extensive credit will be given by instalments, upon receiving what it may be convenient for the purchasers to pay in hands. It is desired that persons wishing to purchase this property, will signify their intentions before the wood land is laid off.
Also two or three small Farms with every requisite convenience for immediate operation, in the counties of Jefferson and Frederick, and at various prices.
And several valuable building Lots, situated upon the Pennsylvania Avenue, in the City of Washington; some upon square 74, near the Six Buildings, and some upon square 38; besides other very valuable Lots in that City.
Application to be made in person, or by Letter, (post paid) directed to Charles Town, Virginia, to
FERDINANDO FAIRFAX. Shan. Hill, March 5, 1802. ep3w
For Sale,
A NEAT Frame House and Lot, on New-Jersey Avenue, square 690; sixteen by twenty-four, consisting of a shop in front with a large bow window, a parlour and closet back; on the second floor two rooms and a closet, and two rooms on the third floor, together with the lot, twenty-one feet three inches front, running back to an alley one hundred and thirteen or fifteen feet, or thereabout.—For terms apply to
JOHN MINCHIN, N. Jersey Avenue, near the Capitol. March 5, 1802. ep3w
The Arabian Horse The Dey of Algiers.
ARRIVED on the 10th inst. in high health and spirits from Boston, to which place he was imported, and sent here to the care of John Mason, Esq. by his proprietor colonel Swan of Massachusetts, now in Europe.
He will stand the ensuing season, at my farm in Montgomery county, seven miles from this town and the City of Washington, and will cover at forty dollars the season (commencing the 1st of March) and one dollar to the groom, the money or an approved promissory note to be sent with the mare.
This beautiful animal was brought from Arabia in the year '98, at four years old, by the late grand bailiff Fromm, of Prussia, into that kingdom, and was purchased at the sale of the bailiff's studs, after his death, at Fehrbelen, in '99, lieutenant general Frederick baron of Diesmar, by whom he was sent to Hamburg to col. Swan, whence he was by that gentleman shipped to America; to attest which, and to prove him to be a genuine Arabian horse, original certificates are in my hands, and may at all times be seen.
The Dots"> The Dey is of full stature for his race, he measures exactly four can hands two inches and an half. His colour is a very early white, with a few brown spots dished over his neck and shoulders. In figure and bone, it is believed, he will stand the test of the best judgment. He is only eight years old the coming spring. He is of fine presence and carriage; and remarkably vigorous and active.
As it is the wish of his proprietor to display the merits of this horse in his colts—as early, and with as much certainty as possible, by his order, no more than fifty mares will be received this season.
I have excellent and extensive pasture well fenced, adjoining the land, at two shillings and six pence per week. Grain and green clover will be furnished if desired, at moderate prices—Great care shall be taken of mares, and every justice done them with the horse; but I will be answerable for no accidents or escapes. If gentlemen at a distance choose to send servants with their mares they shall be provided for on reasonable terms.
CHARLES C. JONES. George-Town, Feb. 26, 1802. ep3w
N. B. The Dey will be shown every Thursday for some weeks to come at the Union Tavern in Georgetown, and at Mr. Stell's Tavern, on Capitol Hill in Washington.
The subscriber respectfully acquaints the public, that he has removed to the corner of Ninth and B streets, where he continues to manufacture and sell all kinds of Ornaments for Chimney pieces, Door Caps, Frontispieces Metal Sashes, &c. which may also be had at his store No. 57, Barclay Street, New-York, and to Mr. Wild's store, Market Street, Baltimore.
GEORGE ANDREWS.
Who has gold leaf for sale by the package or book. May 3, 1801. xy
For sale, or to be rented.
A House and lot on the Capitol Hill—the lot is 20 feet 2 inches on Delaware Avenue, and about 190 feet deep extending back to a 30 feet Alley. The House is a handsome well furnished convenient three story brick house, containing a leased garrets, 5 chambers, 2 parlours—kitchen with a pantry and cellar.
It is directly opposite to the Buildings of WASHINGTON, occupied by Gen. Dearborn, near adjoining to a number of houses belonging to Mr. Carroll, rented to Mr. Dalton and others from its vicinity to the Capitol, it is well calculated for a private family; or a person attached to the offices of the Federal Legislature.—Adjoining is a lot, of about 40 feet front on same Avenue, and running same depth back, (the whole under a good post and rail fence) which, if required would be sold at same time. If rented, the Tenant may have the use of the whole of the lot, which would make an excellent garden, having a South and Eastern exposure, as long as convenient to the proprietor. This property would be sold a Bargain for satisfactory payments, or well situate property in Philadelphia would be taken in exchange.
Apply to Benjamin Burch, New Jersey Avenue or to the Editor of the National Intelligencer—or to Karrick and Percival, Philadelphia. Nov. 21. tf.
FOR SALE.
A TRACT of land containing 2,500 acres lying immediately on the river Potomac, in the county of Northumberland, Virginia, late the residence of PRESLEY THORNTON, Esq. Seventeen hundred acres of which are of the most valuable kind of low grounds on the river; between three and four hundred acres heavily timbered, the remainder is wavy high land extremely productive. The soil of this tract is equal to any in the state for cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious two story brick mansion house and two offices, a large brick stable, a valuable barn cow house and many other out-houses, all in good repair. The orchard and garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Alexandria, Baltimore or Norfolk—here are two good mill seats for grist, or saw-mills on this estate, and plenty of cedar and chestnut timber, exclusive of the heavy timber, which if sawed up into scantling will command a price in the City of Washington, nearly equal to the value of the land.
The terms will be made easy to the purchaser or purchasers, and the tract will be divided into two or more plantations if necessary.—Apply to
RICHARD PETERS, junr. No. 85, Walnut-street Philadelphia. Philadelphia, Nov. 11. ep3w