The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-02-15 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCLXXX.
FIVE DOLLARS PER ANNUM.
FRIDAY, FEBRUARY 15th, 1805.
PAID IN ADVANCE.
HIGH COURT OF IMPEACHMENT.
Answer of SAMUEL CHASE.
[Continued.]
This he is informed, and expects to prove, has been the construction of this law by the courts of Virginia, and their general practice. Indeed it would be most strange, if any other construction or practice had been adopted. There are many offences not capital, which are of a very dangerous tendency, and on which very severe punishment is inflicted by the laws of Virginia; and to enact by law that in all such cases, however notorious or profligate the offenders might be, the courts should be obliged, after a presentment by a grand jury to proceed against them by summons; would be to enact, that as soon as their guilt was rendered extremely probable, by the presentment of a grand jury, they should receive regular notice, to escape from punishment by flight or concealment.
It will also appear, as this respondent believes, by a reference to the laws and practice of Virginia, into which he has made all the enquiries which circumstances and the shortness of time allowed him for preparing his answer, would permit, that all the cases in which a summons is considered as the only proper process, are cases of petty offences, which on the presentment of a grand jury, are to be tried by the court in a summary way, without the intervention of a petit jury. Therefore, these provisions had no application to the case of Callender, which could be no otherwise proceeded on than by indictment, and trial on the indictment by a petit jury.
It must be recollected that the act of Congress of September 24th, 1789, enacted, section 14, "that the courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of laws." Consequently, the circuit court, where the proceedings in question took place, had power to issue a capias against the traverser, on the presentment, unless the state law above mentioned governed the case, and contained something to restrain the issuing of that writ in such a case. This respondent contends, for the reasons above stated, that this state law neither applied to the case, nor contained anything to prevent the issuing of a capias, if it had applied.
Thus it appears that this respondent, in ordering a capias to issue against Callender, decided correctly, as it certainly was his intention to do. But he claims no other merit than that of upright intention in this decision: for when he made the decision, he was utterly ignorant that such a law existed in Virginia; and declares that he never heard of it, till this article was reported by a committee of the House of Representatives, during the present session of Congress. This law was not mentioned on the trial either by the counsel or the traverser or by judge Griffin, who certainly had much better opportunities of knowing it than this respondent, and who, no doubt, would have cited it had they known it and considered it as applicable to the case. This respondent well knows that in a criminal view, ignorance of the law excuses no man in offending against it; but this maxim applies not to the decision of a judge; in whom ignorance of the law in general would certainly be a disqualification for this office, though not a crime; but ignorance of a particular act of assembly, of a state where he was an utter stranger, must be considered as a very pardonable error; especially as the counsel for the prisoner to whose case that law is supposed to have applied, forbore or omitted to cite it; and as a judge of the state, always resident in it, and long conversant with its local laws, either forgot this law, or considered it as inapplicable.
Such is the answer, which this respondent makes to the fifth article of impeachment. If he erred in this case, it was thro' ignorance of the law, and surely, ignorance under such circumstances, cannot be a crime, much less a high crime and misdemeanor, for which he ought to be removed from his office. If a judge were impeachable for acting against law from ignorance only, it would follow, that he would be punished in the same manner for deciding against law willfully, and for deciding against it through mistake. In other words, there would be no distinction between ignorance and design, between error and corruption.
And the said respondent, for plea to the said fifth article of impeachment, saith, that he is not guilty of any high crime and misdemeanor, as in and by the said fifth article is alledged against him; and this he prays, may be enquired of, by this honorable court, in such manner, as law and justice shall seem to them to require.
The sixth article of impeachment alledges, that this respondent, "with intent to oppress and procure the conviction of the said James Thompson Callender, did, at the court aforesaid, rule and adjudge the said Callender to trial, during the term at which he, the said Callender was presented and indicted, contrary to the law in that case made and provided."
This charge also, is founded, 1st, on the act of Congress of Sept. 24th, 1789, abovementioned, which enacts, section 34, "that the laws of the several states, except where the constitution treaties, or statutes, of the United States shall otherwise provide, shall be regarded as the rules of decision, in trials at common law, in the courts of the United States, in cases where they apply," and 2ndly, on a law of the state of Virginia, which is supposed to provide, "that in cases not capital, the offender shall not be held to answer any presentment of a grand jury, until the court next preceding that, during which such presentment shall have been made." This law, it is contended, is made the rule of decision by the abovementioned act of Congress, and was violated by the refusal to continue the case of Callender till the next term.
In answer to this charge this respondent declares, that he was at the time of making the abovementioned decision, wholly ignorant of any such law of Virginia as that in question, that no such law was adduced or mentioned by the counsel of Callender, in support of their motion for a continuance; neither when they first made it, before this respondent sitting alone; nor when they renewed it, after judge Griffin had taken his seat in court: that no such law was mentioned by judge Griffin; who concurred in overruling the motion for a continuance and ordering on the trial; which he could not have done had he known that such a law existed, or considered it as applicable to the case; and that this respondent never heard of any such law, until the articles of impeachment now under consideration were reported, in the course of the present session of Congress, by a committee of the House of Representatives.
A judge is certainly bound to use all proper and reasonable means of obtaining a knowledge of the laws which he is appointed to administer; but after the use of such means, to overlook, misunderstand or remain ignorant of some particular law, is at all times a very pardonable error. It is much more so in the case of a judge of the supreme court of the United States, holding a circuit court in a particular state, with which he is a stranger, and with the local laws of which he can have enjoyed but very imperfect opportunities of becoming acquainted. It was foreseen by Congress, in establishing the circuit courts of the United States, that difficulties and inconveniences must frequently arise from this source, and to obviate such difficulties it was provided, that the district judge of each state, who having been a resident of the state and a practitioner in its courts, had all the necessary means of becoming acquainted with its local laws, should form a part of the circuit court in his own state. The judge of the supreme court is expected, with reason, to be well versed in the general laws; but the local laws of the state form the peculiar province of the district judge, who may be justly considered as particularly responsible for their due observance. It is in the case in question, this respondent overlooked or misconstrued a local law of the state of Virginia, which ought to have governed the case, it was equally overlooked and misunderstood, not only by the prisoner's counsel who made the motion, and whose peculiar duty it was to know the law and bring it into the view of the court, but also by the district judge, who had the best opportunities of knowing and understanding it, and in whom, nevertheless, this oversight or mistake is considered as a venial error, while in this respondent it is made the ground of a criminal charge.
This respondent further states, that after the most diligent and the most extensive enquiry which the time allowed for preparing this answer would permit, he can find no law of Virginia which expressly enacts, that "in cases not capital, the offender shall not be held to an-
swer any presentment of a grand jury, until the court next succeeding that during which such presentment shall have been made." This principle he supposes to be an inference drawn by the authors of the articles of impeachment, from the law of Virginia mentioned in the answer to the preceding article, the law of November 15th, 1792, which provides "that upon presentment made by the grand jury of an offence not capital, the court shall order the clerk to issue a summons, or other proper process, against the person or persons so presented, to appear and answer such presentment at the next court." This law he conceives does not warrant the inference so drawn from it, because it speaks of presentments and not of indictments, which are very different things; and is, as he is informed, confined by practice and construction in the state of Virginia, to cases of small offences, which are to be tried by the court itself upon the presentment, without an indictment or the intervention of a petit jury. But for cases, like that of Callender, where an indictment must follow the presentment, this law made no provision. Further, the state laws are directed by the abovementioned act of Congress, to be the rule of decision in the courts of the United States, only "in cases where they apply." Whether they apply or not to a particular case, is a question of law, to be decided by the court where such case is pending, and an error in making the decision is not a crime, nor even an offence, unless it can be shewn to have proceeded from improper motives. This respondent is of opinion, that the law in question did not apply to the case of Callender, for the reasons stated above; and therefore that it would have been his duty to disregard it, even had it been made known to him by the counsel for the traverser.
And in the last place he contends that the law of Virginia in question, is not adopted by the above mentioned act of Congress as the rule of decision, in such cases as that now under consideration. That act does indeed provide, "that the laws of the several states, except where the constitution treaties or statutes of the U. States shall otherwise provide, shall be regarded as rules of decision in trials at common law, in the courts of the U. States, in cases where they apply." But this provision in his opinion, can relate only to rights acquired under the state laws, which come into question on the trial; and not to forms of process or modes of proceedings, anterior or preparatory to the trial. Nor can it, as this respondent apprehends, have any application to indictments for offences against the statutes of the U. States, which cannot with any propriety be called "trials at common law." It relates merely, in his opinion, to civil rights acquired under the state laws; which by virtue of this provision are, when they come in question in the courts of the U. States, to be governed by the laws under which they accrued.
If in these opinions this respondent is incorrect, it is an honest error: and he contends that neither such an error in the construction of a law, nor his ignorance of a local state law which he had no opportunity of knowing, and of which the counsel for the party whose case it is supposed to have affected were equally ignorant, can be considered as an offence liable to impeachment, or to any sort of punishment or blame.
And for plea to the said sixth article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanor as in and by the said article is alledged against him; and this he prays may be enquired of by this honorable court in such manner as law and justice shall seem to them to require.
The seventh article of impeachment relates to some conduct of this respondent in his judicial capacity, at a circuit court of the U. States held at New Castle in the state of Delaware, in June 1800. The statement of this conduct made in the article is altogether erroneous; but if it were true, this respondent denies, that it contains any matter for which he is liable to impeachment. It alledges that "disregarding the duties of his office, he did descend from the dignity of a judge, and stoop to the level of an informer." This high offence consisted, according to the article, 1st, in refusing to discharge the grand jury although intreated by several of the said jury to do so. 2ndly, in "observing to the said grand jury, after the said grand jury had regularly declared thro' their foreman, that they had found no bills of indictment, and had no presentments to make, that he the said Samuel
Chase understood 'that a highly seditious temper had manifested itself in the state of Delaware, among a certain class of people, particularly in New Castle county, and more especially in the town of Wilmington, where lived a most seditious printer, unrestrained by any principle of virtue, and regardless of social order, that the name of this printer was _____' 3rdly, 'in then checking himself as if sensible of the indecorum which he was committing.' 4thly, in adding 'that it might be assuming too much, to mention the name of this person; but it becomes your duty, gentlemen, to enquire diligently into this matter,' or words to that effect." And 5thly, 'in authoritatively enjoining on the district attorney of the U. States, with intention to procure the prosecution of the printer in question, the necessity of procuring a file of the papers to which he alluded, and by a strict examination of them to find some passage, which might furnish the ground work of a prosecution against the printer.'
These charges amount in substance to this; that the respondent refused to discharge a grand jury on their request, which is every day's practice, and which he was bound to do, if he believed that the due administration of justice required their longer attendance: that he directed the attention of the grand jury to an offence against a statute of the U. States, which he had been informed was committed in the district; and that he desired the district attorney to aid the grand jury, in their enquiries concerning the existence and nature of this offence. By these three acts, each of which it was his duty to perform, he is alledged 'to have degraded his high judicial functions, and tended to impair the public confidence in, and respect for, the tribunals of justice, so essential to the general welfare.'
That this honorable court may be able to form correctly its judgment, concerning the transaction mentioned in this article, this respondent submits the following statement of it, which he avers to be true, and expects to prove.
On the 27th day of June, 1800, this respondent, as one of the associate justices of the supreme court of the United States, presided in the circuit court of the United States, then held at New Castle in and for the district of Delaware, and was assisted by Gunning Bedford esq. then district judge of the U. States for that district. At the opening of the court on that day, this respondent according to his duty and his uniform practice, delivered a charge to the grand jury in which he gave in charge to them several statutes of the U. States, and among others, an act of Congress passed July 14th, 1798, entitled "An act in addition to the act for the punishment of certain crimes against the U. States, and commonly called the 'sedition law.'" He directed them to enquire concerning any breaches of those statutes, and especially of that commonly called the sedition law, within the district of Delaware.
On the same day before the usual hour of adjournment, the grand jury came into court, and informed the court that they had found no indictment or presentment, and had no business before them, for which reason they wished to be discharged. This respondent replied, that it was earlier than the usual hour of discharging a grand jury; and that business might occur during the sitting of the court. He also asked them if they had no information of publications within the district, that came under the sedition law, and added, that he had been informed, that there was a paper called the 'Mirror,' published at Wilmington, which contained libelous charges against the government and President of the United States: that he had not seen that paper, but it was their duty to enquire into the subject; and if they had not turned their attention to it, the attorney for the district would be pleased to examine a file of that paper, and if he found any thing that came within the sedition law, would lay it before them. This is the substance of what the respondent said to the grand jury on that occasion, and he believes nearly his words, on the morning of the next day, they came into court and declared that they had no presentments or indictments to make, on which they were immediately discharged. The whole time therefore, for which they were detained, was twenty four hours, far less than is generally required of grand juries.
In these proceedings, this respondent acted according to his sense of what the duties of his office required. It certainly was his duty to give in charge to the grand jury, all such statutes of the Unit-
ed States as provided for the punishment of offences, and among others, that called the sedition act; into all offences against which act, while it continued in force, the grand jury were bound by their oaths to enquire. In giving it in charge, together with the other acts of Congress for the punishment of offences, he followed moreover the example of the other judges of the supreme court, in holding their respective circuit courts. He also contended, and did then believe, that it was his duty, when informed of an offence, which the grand jury had overlooked, to direct their attention towards it, and to request for them, and even to require if necessary, the aid of the district attorney in making their enquiries. In thus discharging what he conceives to be his duty, even if he committed an error in so doing, he denies that he committed or could commit any offence whatever.
With respect to the remarks which he is charged by this article with having made to the grand jury, relative to "a highly seditious temper, which he had understood, to have manifested itself in the state of Delaware, among a certain class of people, particularly in New Castle county, and more especially in the town of Wilmington," and relative to "a most seditious printer, residing in Wilmington, unrestrained by any principle of virtue, and regardless of social order;" this respondent does not recollect or believe, that he made any such observations. But if he did make them, it could not be improper in him to tell the jury that he had received such information, if in fact he had received it; which was probably the case, though he cannot recollect it with certainty at this distance of time. That this information, if he did receive it, was correct, so far, as it regarded the printer in question, will fully appear from a file of the paper called the "Mirror of the Times," &c. published at Wilmington, Delaware, from February 5th, to March 19th, 1800, inclusive, which he has lately obtained, and is ready to produce to this honorable court when necessary, and some extracts from which are contained in the exhibits severally marked No. 7, which he prays leave to make part of this his answer.
And for plea to the said seventh article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanor, as in and by the said seventh article is alledged against him, and this he prays may be enquired of by this honorable court, in such manner as law and justice shall seem to them to require.
The eighth article of impeachment charges that this respondent, "disregarding the duties and dignity of his official character did, at a circuit court for the district of Maryland, held at Baltimore, in the month of May, 1803, pervert his official right and duty to address the grand jury then and there assembled, on the matters coming within the province of the said jury, for the purpose of delivering to the said grand jury an intemperate and inflammatory political harangue, with intent to excite the fears and resentment of the said grand jury, and of the good people of Maryland, against their state government and constitution;" and also that this respondent, "under pretence of exercising his judicial right to address the grand jury as aforesaid, did endeavor to excite the odium of the said grand jury, and of the good people of Maryland, against the government of the United States, by delivering opinions which were, at that time and as delivered by him, highly indecent, extra judicial, and tending to prostitute the high judicial character with which he was invested, to the low purpose of an electioneering partisan."
In answer to this charge this respondent admits, that he did, as one of the associate justices of the supreme court of the United States, preside in a circuit court held at Baltimore in and for the district of Maryland, in May 1803, and did then deliver a charge to the grand jury, and express in the conclusion of it some opinions as to certain public measures, both of the government of Maryland and of that of the United States. But he denies that in thus acting, he regarded the duties and dignity of his judicial character, perverted his official right and duty to address the grand jury, or had any intention to excite the fears or resentment of any person whatever, against the government and constitution of the United States or of Maryland. He denies that the sentiments which he thus expressed, were "intemperate and inflammatory," either in themselves or in the manner of de-

livering; that he did endeavor to excite the odium of any person whatever against the government of the United States, or did deliver any opinions which were in any respect indecent, or which had any tendency to prostitute his judicial character, to any low or improper purpose. He denies that he did any thing that was unfaithful, improper or unbecoming in a judge, or expressed any opinions, but such as a friend to his country, and a firm supporter of the governments both of the state of Maryland and of the United States, might entertain. For the truth of what he here says, he appeals confidently to the charge itself; which was read from a written paper now in his possession ready to be produced. A true copy of all such parts of this paper as relate to the subject matter of this article of impeachment, is contained in the exhibit marked No. 8, which he prays leave to make part of this his answer. That part of it which relates to the article now under consideration is in these words: "You know, gentlemen, that our state and national institutions were framed to secure to every member of the society equal liberty and equal rights; but the late alteration of the federal judiciary, by the abolition of the office of the sixteen circuit judges, and the recent change in our state constitution by the establishing universal suffrage, and the further alteration that is contemplated in our state judiciary, (if adopted) will in my judgment take away all security for property and personal liberty. The independence of the national judiciary is already shaken to its foundation; and the virtue of the people alone can restore it. The independence of the judges of this state will be entirely destroyed, if the bill for the abolishing the two supreme courts, should be ratified by the next general assembly. The change of the state constitution by allowing universal suffrage, will in my opinion certainly and rapidly destroy all protection to property, and all security to personal liberty; and our republican constitution will sink into a mobocracy, the worst of all possible governments."
"I can only lament that the main pillar of our state constitution has been thrown down, by the establishment of universal suffrage. By this shock alone, the whole building totters to its base, and will crumble into ruins before many years elapse, unless it be restored to its original state. If the independence of your state judges, which your bill of rights wisely declares "to be essential to the impartial administration of justice, and the great security to the rights and liberties of the people," shall be taken away, by the ratification of the bill passed for that purpose, it will precipitate the destruction of your whole state constitution, and there will be nothing left in it, worthy the care or support of freemen."
Admitting these opinions to have been incorrect and unfounded, this respondent denies that there was any law which forbid him to express them, in a charge to a grand jury; and he contends that there can be no offence, without the breach of some law. The very essence of despotism consists, in punishing acts which, at the time when they were done, were forbidden by no law. Admitting the expression of political opinions by a judge, in his charge to a jury, to be improper and dangerous; there are many improper and very dangerous acts, which not being forbidden by law cannot be punished. Hence the necessity of new penal laws; which are from time to time enacted for the prevention of acts not before forbidden, but found by experience to be of dangerous tendency. It has been the practice in this country, ever since the beginning of the revolution, which separated us from Great Britain, for the judges to express from the bench, by way of charge to the grand jury, and to enforce to the utmost of their ability, such political opinions as they thought correct and useful. There have been instances in which the legislative bodies of this country, have recommended this practice to the judges; and it was adopted by the judges of the supreme court of the United States, as soon as the present judicial system was established. If the legislature of the United States considered this practice as mischievous, dangerous or liable to abuse, they might have forbidden it by law; to the penalties of which, such judges as might afterwards transgress it, would be justly subjected. By not forbidding it, the legislature has given to it an implied sanction; and for that legislature to punish it now by way of impeachment, would be to convert into a crime, by an ex post facto proceeding, an act which when it was done and at all times before, they had themselves virtually declared to be innocent. Such conduct would be utterly subversive of the fundamental principles on which free government rests; and would form a precedent for the most sanguinary and arbitrary persecutions, under the forms of law.
Nor can the incorrectness of the political opinions thus expressed, have any influence in deciding on the guilt or innocence of a judge's conduct in expressing them. For if he should be considered as guilty or innocent, according to the supposed correctness or incorrectness of the opinion, thus expressed by him,
it would follow, that error in political opinion however honestly entertained, might be a crime; and that a party in power might, under this pretext, destroy any judge, who might happen in a charge to a grand jury, to say something capable of being construed by them, into a political opinion adverse to their own system.
There might be some pretence for saying, that for a judge to utter seditious sentiments, with intent to excite sedition, would be an impeachable offence: although such a doctrine would be liable to the most dangerous abuses; and is hostile to the fundamental principles of our constitution, and to the best established maxims of our criminal jurisprudence. But admitting this doctrine to be correct, it cannot be denied that the seditious intention must be proved clearly, either by the most necessary implication from the words themselves, or by some overt acts of a seditious nature connected with them. In the present case no such acts are alleged, but the proof of a seditious intent must rest on the words themselves. By this rule this respondent is willing to be judged. Let the opinions which he delivered be examined; and if the members of this honorable court can lay their hands on their hearts, in the presence of God, and say, that these opinions are not only erroneous but seditious also; and carry with them internal evidence of an intention in this respondent to excite sedition, either against the state or general government, he is content to be found guilty.
In making this examination, let it be borne in mind, that to oppose a pending measure, by endeavoring to convince the public that it is improper, and ought not to be adopted; or to promote the repeal of a law already past, by endeavoring to convince the public, that it ought to be repealed, and that such men ought to be elected to the legislature as will repeal it, to attempt in fine, the correction of public measures, by arguments tending to show their improper nature, or destructive tendency; never has been or can be considered as sedition, in any country, where the principles of law and liberty are respected; but is the proper and usual exercise of that right of opinion and speech, which constitutes the distinguishing feature of free government. The abuse of this privilege, by writing and publishing as facts, malicious falsehoods, with intent to defame, is punishable as libel, in the courts, having jurisdiction of such offences; where the truth or falsehood of the facts alleged, and the malice or correctness of the intention, form the criterion of guilt and innocence. But the character of libellous, much less of seditious, has never been applied to the expressions of opinions concerning the tendency of public measures, or to arguments urged for the purpose of opposing them, or of effecting their repeal. To apply the doctrine of sedition or of libel to such cases, would instantly destroy all liberty of speech, subvert the main pillars of free government, and convert the tribunals of justice into engines of party vengeance. To condemn a public measure, therefore, as pernicious in its tendency; to use arguments for proving it to be so; and to endeavor by these means to prevent its adoption, if still depending, or to procure its repeal in a regular and constitutional way, if it be already adopted; can never be considered as sedition, or in any way illegal.
The first opinion expressed to the grand jury on the occasion in question, by this respondent, was that "the late alteration of the federal judiciary, by the abolition of the office of the sixteen circuit judges; and the recent change in our state constitution, by establishing universal suffrage; and the further alteration that was then contemplated in our state judiciary, if adopted;" would in the judgment of this respondent, "take away all security for property and personal liberty." That is "these three measures, if the last of them, which is still depending, should be adopted, will, in my opinion, form a system whose pernicious tendency must be, to take away the security for our property and our personal liberty," which we have hitherto derived from the salutary restrictions, laid by the authors of our constitution on the right of suffrage, and from the present constitution of our courts of justice." What is this but an argument to persuade the people of Maryland to reject the alterations in their state judiciary which were then proposed; which this respondent as a citizen of that state had a right to oppose; and the adoption of which depended on a legislature then to be chosen? If this be sedition, then will it be impossible to express an opinion opposite to the views of the ruling party of the moment, or to oppose any of their measures by argument, without becoming subject to such punishment as they may think proper to inflict.
The next opinion is, that "the independence of the national judiciary was already shaken to its foundation, and that the virtue of the people alone could restore it." In other words, "the act of Congress for repealing the late circuit court law, and vacating thereby the offices of the judges, has shaken to its foundation the independence of the na-
tional judiciary; and nothing but a change in the representation of Congress which the return of the people to correct sentiments alone can effect, will be sufficient to produce a repeal of this act, and thereby restore to its former vigor, the part of the federal constitution, which has been thus impaired."
This is the obvious meaning of the expression; and it amounts to nothing more than an argument in favor of that change, which this respondent then thought and still thinks to be very desirable; an argument, the force of which as a patriot he might feel, and which as a free man he had a right to advance.
The next opinion is, that "the independence of the judges of the state of Maryland, would be entirely destroyed if the bill for abolishing the two supreme courts should be ratified by the next general assembly." This opinion, however incorrect it may be, seems to have been adopted by the people of Maryland, to whom this argument against the bill in question was addressed: for at the next session of the legislature this bill, which went to change entirely the constitutional tenure of judicial office in the state, and to render the subsistence of the judges dependent on the legislature, and their continuance in office on the executive, was abandoned by common consent.
All the other opinions expressed by this respondent, as above mentioned, bear the same character with those already considered. They are arguments addressed to the people of Maryland, for the purpose of dissuading them from the adoption of a measure then depending; and of inducing them, if possible, to restore to its original state, that part of their constitution relating to the right of suffrage, by a repeal of the law which had been made for its alteration.
Such were the objects of this respondent in delivering those opinions, and he contends that they were fair, proper, and legal objects, and that he had a right to pursue them in this way: a right sanctioned by the universal practice of this country, and by the acquiescence of its various legislative authorities. Such, he contends, is the true and obvious meaning of the opinions which he delivered, and which he believes to be correct. It is not now necessary to enquire into their correctness; but, if incorrect, he denies that they contain anything seditious, or any evidence of those improper intentions which are imputed to him by this article of impeachment. He denies that in delivering them to the grand jury, he committed any offence, infringed any law, or did any thing unusual, or heretofore considered in this country as improper or unbecoming in a judge. If this article of impeachment can be sustained on these grounds, the liberty of speech on national concerns, and the tenure of the judicial office under the government of the United States, must hereafter depend on the arbitrary will of the House of Representatives and the Senate, to be declared on impeachment, after the acts are done, which it may at any time be thought necessary to treat as high crimes and misdemeanors.
And the said Samuel Chase, for plea to the said eighth article of impeachment, saith, that he is not guilty of any high crime and misdemeanor, as in and by the said eighth article is alleged against him, and this he prays may be inquired of by this honorable court, in such manner as law and justice shall seem to them to require.
This respondent has now laid before this honorable court, as well as the time allowed him would permit, all the circumstances of his case, with an humble trust in Providence, and a consciousness that he has discharged all his official duties with justice and impartiality, to the best of his knowledge and abilities; and, that intentionally he hath committed no crime or misdemeanor, or any violation of the constitution or laws of his country. Confiding in the impartiality, independence and integrity of his judges, and that they will patiently hear, and conscientiously determine this case, without being influenced by the spirit of party, by popular prejudice, or political motive; he cheerfully submits himself to their decision.
It is shall appear to this honorable court, from the evidence produced, that he hath acted in his judicial character with wilful injustice or partiality, he doth not with any favor; but expects that the whole extent of the punishment permitted in the constitution will be inflicted upon him.
If any part of his official conduct shall appear to this honorable court, strictly juris, to have been illegal, or to have proceeded from ignorance or error in judgment; or if any part of his conduct shall appear, although not illegal, to have been irregular or improper, but not to have flown from a depravity of heart, or any unworthy motive, he feels confident that this court will make allowance for the imperfections and frailties incidental to man.
He is satisfied, that every member of this tribunal will observe the principles of humanity and justice, and will presume him innocent, until his guilt shall be established by legal and credible witnesses, and will be governed in his decision, by the moral and christian rule of ren-
dering that justice to this respondent, which he would with to receive.
This respondent now stands not merely before an earthly tribunal, but also before that awful being whose presence fills all space, and whose all seeing eye more especially surveys the temples of justice and religion. In a little time, his accusers, his judges, and himself, must appear at the bar of Omnipotence, where the secrets of all hearts shall be disclosed, and every human being shall answer for his deeds done in the body, and shall be compelled to give evidence against himself, in the presence of an assembled universe. To this Omnipotent Judge, at that awful hour, he now appeals for the rectitude and purity of his conduct, as to all the matters of which he is this day accused.
He hath now only to adjure each member of this honorable court, by the living GOD, and in his holy name, to render impartial justice to him, according to the constitution and laws of the United States. He makes this solemn demand of each member, by all his hopes of happiness in the world to come, which he will have voluntarily renounced by the oath he has taken; if he shall wilfully do this respondent injustice, or disregard the constitution or laws of the United States, which he has solemnly sworn to make the rule and standard of his judgment and decision.
SAMUEL CHASE. A true copy, Attest, SAMUEL A. OTIS, Sec'y.
WASHINGTON CITY.
FRIDAY, FEBRUARY 15.
Counting of the electoral votes for PRESIDENT and VICE-PRESIDENT.
On Wednesday, agreeably to resolutions previously entered into by the two Houses of Congress, the Senate of the United States received in their Chamber the House of Representatives, for the purpose of opening and counting the returns and votes of the Electors of President and Vice-President.
About 12 o'clock the Senate took their seats; and immediately after the Speaker and members of the House of Representatives entered; the Speaker and Clerk occupying seats on the floor on the right of the President of the Senate, and the members of the House being seated in front.
Mr. Samuel Smith, teller on the part of the Senate, and Mr. Joseph Clay, and Mr. Roger Griswold, tellers on the part of the House, took their seats at a table placed in front of the Chair, in the area between the Senate and House.
The Secretary of the Senate read the resolutions, above stated, of the two Houses.
The President (Mr. Burr) stated that pursuant to law there had been transmitted to him several packets, which, from the endorsements upon them, appeared to be the votes of the Electors of a President and Vice President; that the returns forwarded by the mail, as well as the duplicates sent by special messengers, had been received by him in due time. You will now proceed, gentlemen, said he, to count the votes as the constitution and laws direct—adding that, perceiving no cause for preference in the order of opening the returns, he would pursue a geographical arrangement, beginning with the northern states.
The President then proceeded to break the seals of the respective returns, handing each return, and its accompanying duplicate, as the seals of each were broken, to the tellers through the secretary; Mr. S. Smith reading aloud the returns, and the attestations of the appointment of the electors, and Mr. J. Clay and Mr. R. Griswold comparing them with the duplicate return lying before them.
According to which enumeration, the following appeared to be the result:
   For President. For Vice President.     Thomas Jefferson. George Clinton.   N. Hampshire, 7 7   Massachusetts, 19 19   *R. Island, 4 4   Connecticut, 9 9   Vermont, 6 6   New-York, 19 19   New-Jersey, 8 8   Pennsylvania, 20 20   Delaware, 3 3   Maryland, 9 9   Virginia, 24 24   North Carolina, 14 14   South Carolina, 10 10   Georgia, 6 6   Tennessee, 5 5   8 8   Ohio, 3 3   162 162   14 14  
* In this return, after stating the whole number of votes given for Thomas Jefferson and George Clinton, each elector certifies distinctly his vote for Thomas
Jefferson as President, and for George Clinton, as Vice President.
† The return certifies the votes to have been given as stated in an enclosed paper.
‡ In this return, the votes are not certified to have been given by ballot, but agreeably to law.
After the returns had been all examined, without any objection having been made to receiving any of the votes, Mr. S. Smith, on behalf of the tellers, communicated to the president the foregoing result, which was read from the chair; when, the vice-president said, upon this report it becomes my duty to declare, agreeably to the constitution, that THOMAS JEFFERSON is elected PRESIDENT of the United States, for the term of four years from the 3d day of March next, and that GEORGE CLINTON is elected VICE PRESIDENT of the United States, for the term of four years from the 3d day of March next.
Previous to the above proceedings, a short debate arose in the Senate on the keeping the doors open or shut during the counting of the votes. Mr. Wright submitted a motion for their being kept open; which, after some opposition, was agreed to.
HIGH COURT OF IMPEACHMENTS.
WEDNESDAY, FEBRUARY 13.
James Triplet, a witness on the part of the prosecution, was examined.
John Heath, examined yesterday, was called, and cross examined.
John Basset, a witness on the part of Judge Chase was examined, in consideration of the peculiar situation of his family requiring his immediate return; when the court rose about 4 o'clock.
THURSDAY, FEBRUARY 14.
George Read, James Lea, John Crow, John Montgomery, John T. Mason, Samuel H. Smith, and John Stephen, were examined on the part of the prosecution; and Edmund Randolph, on behalf of Judge Chase, on account of his desire to return home without delay.
The records of the proceedings in the cases of Callender and Eries were then adduced; when Mr. J. Randolph stated that the evidence on the part of the prosecution was closed, so far as it could be derived from witnesses that were present. Nine being absent, it was hoped that should they hereafter attend, their testimony would be received.
In this the court acquiesced; when the court rose about 4 o'clock.
On the 5th inst. the House of Representatives of Massachusetts proceeded to the choice of a Senator of the United States for six years from the 4th day of March next. Three trials were made before a majority of the members united in any candidate. At the first trial the whole number of votes was 201—101 making a choice—Mr. Eustis had 99, Timothy Pickering 97, and Isaac Parker 5. At the second trial, the whole number of votes was 200—101 making a choice—Mr. Eustis had 100, Mr. Pickering 98, and Mr. Parker 2. At the third trial, the whole number of votes was 201—101 making a choice. Mr. Pickering had 102, and Mr. Eustis 99.
We have received no account of the vote of the Senate, whose concurrence is required.
HOUSE OF REPRESENTATIVES.
On the 22d of January, Mr. Eustis offered the following resolution.
Resolved, That it is expedient to provide by law for defraying the expense incident to fitting and preparing one of the navy yards belonging to the United States, and lying near the margin of the ocean, for the reception and repairing of such ships of war as are now at sea on their return to port, and such other ships or vessels of war as may hereafter return from their cruises or stations.
Mr. EUSTIS said the resolution now submitted to the consideration of the House had grown out of an opinion which impressed itself on his mind, when he first beheld the whole naval force of the United States moored in the Eastern Branch of the Potomac. He had ever considered the establishment of a navy yard in this city as the principal naval arsenal, to be among the errors or misfortunes which had presided over many other arrangements respecting this city and territory. As the United States were at that time at peace with all the world, excepting the Dey of Algiers, as a small part of the force only was necessary to carry on this warfare, and as the ships had been actually hauled up at a considerable expense, there appeared to be no immediate necessity for incurring a further expense in their removal. Our maritime concerns have now experienced a change. We are at war with another of the Barbary powers, and a greater number of ships have been necessarily taken into the service. We have at this time six frigates, and five or six smaller vessels on duty on the Mediterranean. After a certain time, these ships must be relieved. Others must be sent out to take their stations. Those which return will require repairs; and in order to prepare for these contingencies

ties it was proper that some one of the navy yards nearer to the ocean should be put in a condition to receive them. This was the object of the resolution. It was desirable that some place should be selected easy of access, where the water was deep, and in the neighborhood of some large maritime town, having large markets and magazines of the variety of articles required for repairing and fitting ships for sea, with the artisans employed in that business. It was not his intention to describe the advantages or disadvantages of one place or of another. The United States own six navy yards. The whole coast is before the executive, and such a place will be selected as will combine the greatest number of advantages and best promote the public interests. To those who believed that ships of war could be repaired or fitted out with the same dispatch, at the same expense, and with the same ease and convenience at a place three hundred miles distant from the sea, as they could be in one of the ports laying on its margin, and possessing the advantages which had been stated, no reasoning could be applied which would change their opinions. The proposition was offered to the House to be decided by common sense and understanding. There was one objection, which he had anticipated, and which had some weight in it. The business of the department would in that case be removed from the eye of the government and from the more immediate inspection and control of the intelligent and capable officer who directed its operations, this inconvenience would be balanced by the more ample means and resources which his agents would find in the large towns, and by which they would be enabled to carry his instructions more promptly into effect.
The resolution was taken up on a subsequent day, and debate had thereon, which shall be given hereafter.
SATURDAY, FEBRUARY 9. The bill from the Senate concerning the ascertaining and adjusting titles and claims to land in the territory of Orleans, was read the first and second time and committed to a committee of the whole House, on Monday next.
Mr. Lattimore reported on the memorial of the legislative council and House of Representatives of the Mississippi territory, which was committed to a committee of the whole on Monday next.
Mr. Lattimore also reported a bill extending the right of suffrage in the Mississippi territory; which was read the first and second time, and committed to a committee of the whole House, on Monday next.
Mr. Crowninshield, from the committee of commerce and manufactures, presented a bill making Plymouth, (N. C.) a port of entry, which was read the first and second time, and committed to a committee of the whole House, on Monday next.
Mr. Southard reported a bill authorizing the secretary at war to issue military land warrants, which was read the first and second time, and committed to a committee of the whole House, on Tuesday next.
The memorial of sundry citizens of Delaware, praying that New-Castle may be made a port of entry, presented December 24, 1803, and a report of the committee of commerce and manufactures, made at the last session were ordered to be referred to the committee of commerce and manufactures.
Mr. Claiborne, moved to refer the petition of Amy Dardin to a committee of the whole House, this day. Agreed to. The House concurred in the amendment proposed by the Senate to the bill making appropriations for the support of the military establishment for the year 1805.
The House proceeded to consider the report of the committee of claims, on the petition of Peter Pedesclaux of New Orleans, when the farther consideration thereof was postponed until Monday next.
The memorials and petitions of Samuel B. Beall, James Bonnell, Seth Bowen, John Chamberlain, Eli Elmer, Jonathan Moore, William T. Smith and Moses Young, were referred to the committee to whom was referred the bill for extinguishing the debts due from the United States.
The House then resolved itself into a committee of the whole, and attended the trial of Samuel Chase; and after some time spent therein, the committee returned, and Mr. Speaker having resumed the chair,
Mr. Varnum reported, that the committee had attended the said trial and that progress had been made therein. Adjourned.
MONDAY, FEBRUARY 11. The speaker laid before the House, a letter from the post master general, accompanying his report on the petition of sundry inhabitants of Newbern, (N. C.) Ordered to lie on the table.
A petition was presented from Anthony Benet and others, which was referred to the committee of ways and means.
Petitions were presented to the House from Francis Dugas, of Swanton (Vt.)
Robert Singleton, Gloucester (Virg.) and Peter D. Demarast (N. Y.) which were severally referred to the committee of claims.
Petitions of John McEadon, and of John McEadon and Francis Johnson, of Baltimore (Md.) were presented to the House and ordered to be referred to the secretary of the treasury.
Petitions of sundry inhabitants of the state of Pennsylvania were presented to the House for the establishment of a post-road from Bethlehem to Berwick, &c.
Referred to the committee on post offices and post roads.
The House resumed the consideration of the report of the committee of claims on the petition of Peter Pedesclaux, of New Orleans. When it was
Resolved, That Peter Pedesclaux have leave to withdraw his petition.
The House according to the order of the day, resolved itself into a committee of the whole,
Mr. Gregg in the chair.
On the petition of Amy Dardin; and after some time spent therein, the committee rose and reported the following resolution:
Resolved, That the prayer of Amy Dardin is reasonable and ought to be granted.
Ordered, that Mr. Claiborne, Mr. Elliott and Mr. Conrad do prepare a bill pursuant to the said resolution.
A message was received from the Senate, notifying that they had considered the bill declaring the assent of Congress to an act of the general assembly of North Carolina and have resolved that it do not pass.
The House, according to the order of the day, resolved itself into a committee of the whole,
Mr. Gregg in the chair.
On the bill to establish the districts of Genesee, of Buffalo creek and of Miami; and to alter the port of entry of the district of Erie; and after some time spent therein, the committee rose and reported the bill without amendment.
Ordered, that it be engrossed for a third reading to-morrow.
Mr. Lowndes reported a bill declaring the consent of Congress to an act of the state of South Carolina passed on the 21st Dec. 1800, as far as it relates to authorizing the city council of Charleston to impose and collect a duty on the tonnage of vessels from foreign ports, which was read the first and second time and committed to a committee of the whole House, to-morrow.
The House then resolved itself into a committee of the whole, and attended the trial of Samuel Chase; and after some time spent therein, the committee returned, and Mr. Speaker having resumed the chair,
Mr. Varnum reported, that the committee had attended the said trial, and that a farther progress had been made therein.
Adjourned.
TUESDAY, FEBRUARY 12.
On motion, 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, to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected, of their elections; and to regulate the time, place and manner of administering the oath of office to the President.
Ordered, That Mr. J. Clay, Mr. Varnum, Mr. Dennis, Mr. Thomas Moore and Mr. Dickson be appointed a committee, pursuant to the said resolution.
On motion, 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, to enquire and report whether any, and if any, what further measures ought to be adopted for the accommodation of the President of the United States, for the term commencing on the fourth day of March next.
Ordered, that Mr. Nicholson, Mr. Roger Griswold, and Mr. Bryan, be appointed a committee, pursuant to the said resolution.
A petition was presented from sundry inhabitants of Massachusetts, praying that Buckstown may be made a port of entry and delivery &c. and also, a petition of Elizabeth Peckham, which were referred to the committee of Commerce and Manufactures.
A petition of Benjamin Smith, of Trenton, New Jersey, was presented to the House, as also a petition of Aaron Shepard, of the County of Orleans (Vermont,) which were referred to the committee of claims.
The engrossed bill to establish the districts of Genesee &c. was read the third time and passed.
On motion, A committee was appointed, consisting of Messrs. Stanford, Huger and Merriwether, to enquire if any, and what alteration is necessary to be made in the time of holding the district courts of North Carolina.
Mr. Crowninshield, from the committee of Commerce and Manufactures, reported a bill for the relief of Philip
Nicklin and Robert E. Griffith, which was read the first and second time, and committed to a committee of the whole House, to-morrow.
A petition and memorial was presented to the House from Paul Boughman of Wilmington, Delaware.
Referred to the committee to whom was referred the bill making provision for persons that have been disabled by known wounds received in the actual service of the United States during the revolutionary war.
The House, according to the order of the day, resolved itself into a committee of the whole House.
Mr. TENNEY in the Chair.
On the bill from the Senate, entitled "An act in addition to "an act to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the revolutionary war, and after some time spent therein, the committee rose, reported progress, and asked leave to sit again.
On the question, shall the committee of the whole House, have leave to sit again on the said bill?
It passed in the negative.
Ordered, That the said bill, and the bill from the Senate abovementioned be Referred to the committee of claims.
A message was received from the Senate, notifying that the Senate, will be ready to receive the House of Representatives in the Senate-chamber, on Wednesday, the thirteenth of February, at noon, for the purpose of being present at the opening and counting the votes for President and Vice President of the United States: that one person be appointed a teller on the part of the Senate, to make a list of votes for President and Vice President of the United States, as they shall be declared; and that the result shall be delivered to the president of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice has been made, agreeably to the constitution, such entry on the journals shall be deemed a sufficient declaration thereof.
The House, according to the order of the day, resolved itself into a committee of the whole House,
Mr. Gregg in the chair.
On the amendment of the Senate to the bill authorizing the post master general to make a new contract for carrying the mail from Fayetteville in North-Carolina to Charleston in South Carolina and after some time spent therein, the committee rose, and reported their agreement to the same.
The House then having taken into consideration the said amendment of the Senate, concurred with the committee of the whole House in their agreement to the same.
Mr. Claiborne presented a bill for the relief of Amy Dardin and the legal representative of David Dardin, deceased, which was read the first and second time, and committed to a committee of the whole House, to-morrow.
A message was received from the Senate, notifying that they have considered the resolution of this House for the appointment of a joint committee of the two Houses to ascertain and report a mode of examining the votes for president and vice-president, and of notifying the persons who shall be elected, of their election; and to regulate the time place and manner of administering the oath of office to the president, and do not concur therein.
The House then resolved itself into a committee of the whole and attended the trial of Samuel Chase and after some time spent therein, the committee returned and Mr. Speaker having resumed the chair,
Mr. Varnum reported, that the committee had attended the said trial and that a farther progress had been made therein.
Adjourned.
(By Authority.)
AN ACT
Concerning the mode of surveying the Public Lands of the United States.
Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the surveyor general, shall cause all those lands north of the river Ohio, which by virtue of the act, entitled "An act providing for the sale of the lands of the United States, in the territory north west of the river Ohio, and above the mouth of the Kentucky river," were subdivided, by running through the townships, parallel lines each way, at the end of every two miles, and by marking a corner on each of the said lines, at the end of every mile; to be subdivided into sections, by running straight lines from the mile corners thus marked, to the opposite corresponding corners, and by marking on each of the said lines, intermediate corners, as nearly as possible equidistant from the corners of the sections on the same. And the said surveyor general shall also cause the boundaries of all the
half sections, which had been purchased previous to the first day of July 1st, and on which the surveying fees had been paid according to law by the purchaser, to be surveyed and marked, by running straight lines from the half mile corners, heretofore marked, to the opposite corresponding corners and intermediate corners; shall, at the same time, be marked on each of the said dividing lines, as nearly as possible equidistant from the corners of the half section on the same line: Provided, That the whole expense of surveying and marking the lines, shall not exceed three dollars for every mile which has not yet been surveyed, and which shall be actually run, surveyed, and marked by virtue of this section. And the expense of making the subdivisions, directed by this section, shall be defrayed out of the monies appropriated, or which may be hereafter appropriated for completing the surveys of the public lands of the United States.
Sec. 2. And be it further enacted, That the boundaries and contents of the several sections, half sections, and quarter sections of the public lands of the United States, shall be ascertained in conformity with the following principles; any act or acts, to the contrary notwithstanding.
1st. All the corners marked in the surveys, returned by the surveyor general, or by the surveyor of the lands south of the state of Tennessee, respectively, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half and quarter sections, not marked on the said surveys, shall be placed as nearly as possible, equidistant from those two corners, which stand on the same line.
2d. The boundary lines, actually run and marked in the surveys returned by the surveyor general, or by the surveyor of the land south of the state of Tennessee, respectively, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines, as returned by either of the surveyors aforesaid, shall be held and considered as the true length thereof. And the boundary lines, which shall not have been actually run and marked as aforesaid shall be ascertained by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained, by running from the established corners, due north and south, or east and west lines, as the case may be, to the water course, Indian boundary line, or other external boundary of such fractional township.
3d. Each section, or subdivision of section, the contents whereof, shall have been, or by virtue of the first section of this act, shall be returned by the surveyor general, or by the surveyor of the public lands south of the state of Tennessee, respectively, shall be held and considered as containing the exact quantity, expressed in such return or returns; and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one half, or the one fourth part respectively, of the returned contents of the section of which they make part.
Sec. 3. And be it further enacted, That so much of the act entitled "An act making provision for the disposal of the lands in the Indiana territory, and for other purposes," as provides the mode of ascertaining the true contents of sections or subdivisions of sections, and prevents the issue of final certificates, unless the said contents shall have been ascertained, and a plot certified by the district surveyor, lodged with the register, be, and the same is hereby repealed.
NATH. MACON, Speaker of the House of Representatives. A. BURR, Vice President of the United States and President of the Senate. February 11, 1805—APPROVED, TH: JEFFERSON.
This day is Published, By SAMUEL H. SMITH. And for Sale at R-spine's Book-store, PRICE ONE DOLLAR AND A QUARTER.
ADDRESSES OF THE Successive Presidents OF THE UNITED STATES, TO BOTH HOUSES OF CONGRESS, At the opening of each Session, with their answers; from the commence- ment of the present government, to January 1, 1805. Together with the Inaugural Addresses during the same period, and the FAREWELL ADDRESS of George Washington. February 11—
AN ACT More effectually to provide for the pay- ment of taxes upon Lands within this Commonwealth.
Passed January 29, 1803
Sec. 1. WHEREAS numerous inconve- niences and losses have accrued to this Commonwealth, from the want of an adequate mode for the collection of Lands to the payment of taxes; and whereas it is a principle in well organized governments, that property should be held subservient to the purposes thereof.
Sec. 2. Be it enacted, That when the taxes upon any tract or survey of land, shall have remained unpaid for the space of two years, such tract or survey of land, shall be forfeited to the Commonwealth, and subject to loca- tion, according to the terms prescribed by an act, entitled "An act for the reducing into one, the several acts concerning the land office, ascertaining the terms and manner of granting waste and unappropriated lands, for settling the title and bonds of lands, direct- ing the mode of proceeding, and prescribing the duty of surveyors" so far as the said act applies to waste and unappropriated lands, and not to forfeit lands, and title thereto shall be acquired by the said location, and by the payment of the taxes due upon such tract or survey of land; Provided nevertheless, That the tract or survey of lands as aforesaid forfeited shall be subject to the redemption of the for- mer rightful and proper owner, at any time within one year after such forfeiture shall have accrued, upon the payment of the taxes due thereupon, with interest upon the same from the time they became payable.
Sec. 3. And be it further enacted, That at any time within six months after the annual return of the list of inventors or delinquents for the non payment of the taxes upon land into his office, the auditor of this Common- wealth shall cause this act to be published for three several times in the Gazette of the printer of this Commonwealth and in some news- paper of general circulation, published at the seat of the general government: Provided always, that nothing in this act shall be so construed as to authorize the location of any lands within the purview of this act, before the expiration of the time limited for the re- demption thereof: nor to affect the rights of infants, femes covert, or persons out of mind, until one year after the disabilities shall have ceased.
Sec. 4. All acts and parts of acts, within the purview of this act are hereby repealed.
Sec. 5. This act shall commence and be in force from and after the first day of March next.
(A Copy) Test. JAMES PLEASANTS, Jun. C. H. D Richmond, Virginia, Feb. 3—3t
PUBLIC SALE.
BY virtue of a decree of the circuit court of the district of Columbia for the county of Washington, in the suit of Samuel Speake complainant, against John A. Gregg, defen- dant in chancery, will be sold to the highest bidder at public auction on Saturday the sixteenth day of March next, at the Union Tavern, in George Town, all that part of two lots of ground in Thomas Bealles addition to George Town, known and distinguished by the numbers one hundred and thirty- four and one hundred and thirty-five, begin- ning for the first part at sixty feet southerly, from boundary number thirty seven on Wash- ington street and running easterly parallel with Dumbarton street sixty feet, then south- wardly parallel with Washington street sixty feet, to lot number one hundred and forty- four, then westwardly with said lot to Wash- ington street, then with said street northward- ly to the beginning, being and intended to be the half of said lot—beginning for the second part of lot number one hundred and thirty- five, being the fourth half of said lot number one hundred and thirty-five, and adjoining lot number one hundred and thirty four, at the end of the third line of lot number one hun- dred and thirty four, and running westerly with said third line sixty feet, then southwardly parallel with Dumbarton street sixty feet, then southwardly parallel with Washington street sixty feet, then to the beginning, it being and intended for the fourth half of the above described lots, with the improvements thereon.
The sale will commence at 4 o'clock p. m. The terms of sale, ready money, or money to be paid immediately on the courts ratifying the same, the time of which ratification will be notified in the same papers in which the sale is advertised after the report of the said sale shall be made to the court, which report will not be made until the court commences their next sitting, for the county of Washing- ton.
HENRY WHETCROFT, Trustee. February 15—3w
NOTICE.
THE subscriber intends to embark for England early in the next month, for the pur- pose of importing his Fall Goods. As the object will require a considerable sum of money, he requests all those indebted to him, to call and pay their accounts immediately.
ELISHA RIGGS. CASH will be given for a quantity of GOOD TOBACCO. He has on hand, and will continue to keep as usual, an extensive assortment of DRY GOODS, which will be sold much lower than the regular prices for Cash. Feb. 15—7t
FOR SALE,
By virtue of a deed of trust, executed by Robert Ware Peacock, to the subscriber, for the purposes therein mentioned, will be exposed for sale, at Rhodes's tavern in the city of Washington, on Saturday the 2nd day of March next, at 4 o'clock P. M. for ready money, to the highest bidder, all the right and estate vested in me by virtue of a deed of trust from Robert Ware Peacock, bearing date the 22nd day of June 1804 to part of lot numbered one, in square numbered two hundred and ninety one in the plan of the city of Washington, with the Houses and im- provements thereon. Possession to be given on or before the first day of April next ensuing.
JOHN DAVIDSON, Trustee.

Tucker's Blackstone.
May be had for the present at the subscription price of J. MARSH, George-town, Wm. Duane, and Rapine, Conrad & Co. city of Washington—J. Kennedy, and Messrs. Gray's Alexandria—Mr. Brundige, Dumfries—Mr. Henderson, Fredericksburg—Mr. S. Pleasants, and Mr. Fritchard, Richmond—Boniface, Conrad, and Co. Norfolk—Somerville, Conrad & Co. Peterburg—J. Bell, Winchester—J. Swape, Staunton—J. Alburris, and Wm. Somerville, Martinsburg—J. Gales, Raleigh—Bailey and Waller, Charlton—Conrad, & Co. G. Hill, S. Eutier, Boniali, Warner and Hannah, Baltimore—the book-stores generally in Philadelphia—Messrs. Swords, New York, and C. Ringham, Boston. February 11—ep4w
Charlotte-Hall School.
THE Trustees having met this day according to adjournment; and, having considered the great increase of responsibility attached to the duties of the Principal from the flourishing state of the Institution, resolved to raise his salary to 1000 dollars per annum; they then proceeded, by ballot, to an election; and the Rev. George Ralph was unanimously chosen.
The Trustees acquaint the public of this arrangement and that the classes are now open. The Stewards house, also, has been fully repaired and every comfortable accommodation attended to, for the reception of boarders.
Terms for the present year.
Tuition, twenty dollars per annum. Board, 281 75. 63. Maryland Currency. And 21. 10s. od. if bed and bedding be furnished. Payments to be made quarterly and one quarter always in advance.
(Signed.) By order. NEALE H. SHAW, Regt. Feb. 11.—5t
IN virtue of an order from the Orphan's court of Calvert county [state of Maryland] I shall offer for sale on a credit of six months on bond with approved security, at the late dwelling of Benjamin Ward late of said county deceased. Two negro men, horses, cattle, sheep and hogs, with all the household and kitchen furniture, plantation utensils, and also corn, fodder, wheat, and the crop of tobacco now in the house. The sale of the above property will take place on Tuesday the 19th day of January 1803, (if fair or the 1st fair day thereafter) and commence at 11 o'clock in the forenoon. All persons having claims against the estate of the said Benjamin Ward, are requested to exhibit the same on the day of sale, or they will be excluded in a distribution; and all persons indebted to said estate are requested to make immediate payment to ZACARIALH WARD, Ad'mr. Calvert Co Jan. 9—3w
CHARLES H. WARDEN, MERCHANT TAILOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Bennet's cord, toilettes, fancy and white Marseilles, black and figured silk, molekins, fancy silk, Marseilles, constitution cords, velvets, Genoa cord, silk and satin Florentines, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey Avenue near the Capitol, December 10—tf
American Printed goods.
Calicoes, Shawls, Pocket Handkerchiefs, &c. manufactured by the subscribers near Baltimore, and sold at No. 13 Calvert street.
To remove that distrust often felt respecting new undertakings, and so prejudicial to manufacturing attempts in America, they think it proper to observe, that nothing is working in the business to enable good artists to perform their work here as well as in Europe. That they have these artists; that two of the partners were bred to the business in a factory of the best repute carried on by their father, long afterwards by themselves. They trust that while foreign goods are received without a question, an unreasonable suspicion will not prevent their countrymen from giving that trial to their goods, which only can prove their value. Besides a natural doubt, they know that certain interests, national as well as individual, will suggest objections to their undertaking. They have no difficulty in saying, that work of the like kind shall be as well executed here as in other countries. The colors capable of being fixed, will be found as permanent; the cloths perhaps better substance, and the prices lower than of the imported cottons. M'CULLOCH & LUNNUY, Baltimore, No. 13 Calvert Street. Sept 17—tf
FALL GOODS.
THOMAS CARPENTER, TAYLOR,
Pennsylvania Avenue, near the President's Square. HAS just received a very handsome assortment of Fall Goods. Orders executed with the greatest dispatch and fashion, and on the most moderate terms. Oct 31—tf
TO PRINTERS.
THE subscriber takes Order for type from the well known Foundry of William Callin, Jun. and Co. London. Specimens and list of London prices to be seen at Mr. Geo. W. Riggs, Georgetown. CH. RLES WIRGMAN, No. 215, Market-street, Baltimore. Jan. 16, tf
ROBERT CHERRY.
HAS removed his store, to the house of Mr. George Blagden New Jersey Avenue on the Eastern Branch, where he has just received (in addition to his former stock) by the Schooner Hyland from Philadelphia a general assortment of groceries and liquors of superior quality, with a few boxes India china of the best quality eighty pieces to the set; all of which he will sell wholesale and retail at the most reduced prices for cash, or in exchange for country produce—ALL orders in his line will be executed with punctuality and dispatch; he flatters himself from the quality of his articles he will be able to render ample satisfaction to his friends and all those who may be pleased to favor him with their custom. ALL kinds of commission business will be attended to with the utmost attention. Washington city Dec. 12—tf
THE subscribers have opened a GROCERY STORE in the house near the Capitol, lately occupied by Mr. JAMES D. BARRY—where they have for sale, low, for cash or in exchange for country produce. Genuine Cogniac brandy, Superior French do. Old Jamaica Spirits, Madeira, Sherry, } Wines, by the quarter cask Lisbon, } and case, or smaller quantity. Claret, Brown Sugar, Rft and ad quality Loaf and Lump, do. Molasses, Firkin Butter, Mould Candles, Sweet Oil, Spices, of different kinds, Fig Blue, Starch, Almonds, Anchovies, } In bottles. Capers, Powder and Shot, Excellent Wine Vinegar, Gin, Whiskey, Hylon, Imperial, } Teas, fresh, and of superior quality. Young Hylon Salt Herrings in Barrels. PETER HEALY, & Co. Washington October 31—tf
The MYSTERY.
THE Proprietor wishing to give the citizens of Washington an opportunity of viewing one of the greatest phenomena that has appeared in this New World; has removed that celebrated machine to the city, where it will be exhibited in the house of Mr. GEORGE BLOUN, Opposite Rhodes's Tavern, Pennsylvania Avenue till Saturday next. Those therefore, who wish to visit this astonishing machine will take the present opportunity; another may never offer, as the proprietor positively leaves the city on Saturday evening. February 6—3t
ADAM KING, & Co.
AT their wine Store in High street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual, will be attended to with the utmost attention. George Town, November 5—tf
ADVERTISEMENT.
THE proprietor wishes to SELL or RENT, on moderate terms, a neat two story framed house, eligibly constructed for the accommodation of a private family. Situated on 11th near F street, about 150 yards from the Bank and nearly the same distance from the Theatre. Persons wishing to purchase or rent, will please to apply to Mr. William Woodward, Pennsylvania Avenue, or to the subscriber. Possession may be had on the 21st day of April next. MARK STOCKWELL. 29th Jan.—2awtf
FOR SALE,
THE subscriber intending to decline his present business, offers FOR SALE two Coaches with venetian blinds, likewise Gigs and Plated Harness, with or without Horses. If not disposed of at private sale, they will be sold at Auction on Saturday the 23d inst. opposite Stelle's Hotel.—The sale to commence at 12 o'clock. Also for sale, Any quantity of WOOD by the cord. Application to be made to the subscriber at the place formerly occupied by Mr. George Walker, near the Capitol. THOMAS BARWISE. Feb 3.—tf
NOTICE.
THE Legionary Court of enquiry which met by adjournment the 2d instant, is again adjourned to meet at the Union-Tavern in George Town, the 5th March next, at 10 o'clock in the forenoon. As there is business of importance to come before the Court it is hoped the members will be punctual in their attendance. By order, Wm D. BEALL, Ck. H. L. M. D. C. Feb. 3.—10t
STONE CUTTERS.
WANTED at the City of Washington, a number of STONE CUTTERS, to whom liberal encouragement is offered, and what is more desirable to young men of aspiring genius, as well as gratifying to those experienced; the work to be done this season is of a kind, superior to any yet done in the United States. Apply to GEORGE BLAGDEN, at the Capitol. January 30.—6t
Runaway,
Some time in April last a bright MULATTO WOMAN named FANNY, she is nearly 6 feet high and stout in proportion, thick lips, middling large eyes, very large breasts, bends forward when she stands or walks, quick in speech, and has very large feet, her apparel is not remembered, took with her a large bundle thereof, and it is probable often changes them—I have been informed that she is in the service of a Mr. Thompson in Georgetown, whoever secures her in Washington city jail so that her mistress, Mrs. Sarah Brooks gets her again or will deliver her to the subscriber in Upper Marlboro shall receive Ten dollars and all reasonable expenses paid by SAML. J. COOLIDGE. December 3—2w
This day is published by SAMUEL H. SMITH, —price 50 cents— A DEFENCE of the MEASURES of the ADMINISTRATION by THOMAS JEFFERSON. BY CURTIUS. Taken from the National Intelligencer.
I DISCOVERED a few day since (in the Telegraphe) a challenge by Samuel Norwood, Esq. Bonaparte against Democrat—At Annapolis this fall. I proposed running Democrat against Bonaparte, carrying from 110 lbs to 140 at the discretion of Mr. Norwood; which was rejected. As Mr. Norwood refused the proposition made by me at that time, I am not bound to run the race proposed by him in the Telegraphe—Democrat will run Bonaparte over the Annapolis race course, on the third Tuesday in May next, four miles and repeat, for 1000 DOLLARS, play or pay, carrying 126lbs. each; which is the weight they are to carry by the rules of racing, both being seven years last spring—Should Mr. Norwood decline this offer, Democrat will cover mares near spring at the subscribers farm, from the first day of March until the first day of August, at Sixteen dollars each and Fifty cents for the groom. Democrat's pedigree is equal to the pedigree of any horse to be produced, having in him the blood of Medly, Belispie, Figure, Dove, Godolphin, Arabian, and Mr. Taskin's Silma.
If this proposition is approved of by Mr. Norwood, notice will be given in the Maryland Gazette within forty days from the date hereof. ISAAC DUCKETT. December 21—tawtApr30
To the Refugees from Canada and Nova Scotia, Take Notice.
THAT all those persons who claim and have located any tract or parcel of land within the state of Ohio, which has been appropriated by Congress for the relief of the Refugees, must pay the tax due on the same on or before the first Monday in April next, together with the penalty of 25 per cent. to be paid to the Collector in the respective county or counties where the land lies; otherwise so much of each tract will be sold (after thirty days notice) as will satisfy the amount of tax and penalty of 25 per cent. for each year in which the payment of the same has been neglected on each and every tract listed in the year 1804 and which were liable to taxation for the four preceding years.
The above advertisement is made by one who feels a lively interest in the welfare of the revolutionary citizens, whose property is implicated as above stated. From like motives, it is hoped that the PATRIOTIC PRINTERS throughout the United States will give the above a few insertions in their papers.
Portrait of the President.
THOSE gentlemen who are desirous of obtaining copies of the Portrait of the President, just finished, by REMBRANDT PEALE, are requested to call at his Painting Room at Miss Daffield's, Pennsylvania Avenue, where the picture can be seen for a few days, during which R. Peale will remain in this city. January 31.
LOST.
OF 8 per cent. stock of the United States, Certificate No 811, dated 20th October 1802, for 400 dollars—One do. No. 1115, and one 1116 for 100 dollars each, issued by Joseph Nourse register, in favor of Jenny and Paton of Alexandria, district of Columbia. Notice is therefore given that application is intended to be made at the Treasury of the United States for a renewal of the same. February 4—6 tw
100 DOLLARS REWARD.
RANAWAY, two months ago, about the middle of November, a Negro Man, named TOM DANIEL, five feet ten inches high, black complexion, has lost some of his jaw teeth, very knock kneed, about 45 years of age. It is supposed that he has made to the northward, and has a free pass. He took with him a gray mare, and is very fond of driving a cart—Apply to RALPH LANE, Centreville, Fairfax county, Virginia. wtf
THE VIRGINIA WESTERN LINE OF STAGES.
THE owners of the line of stages now ply between Frederickburg and Charlottsville, return thanks to the public for their patronage—they beg leave to assure them that no attention shall be wanting to merit a continuation of it, and that that line, will continue to ply through the winter as it has hitherto done through the summer. January 18—w4t
NOTICE is hereby given to ROBERT BOYES and JAMES BOYES, if now living, children of Robert Boyes, who was the son of the late esq. Boyes, of Londonderry in the county of Rockingham and state of New Hampshire, deceased; which said Robert the elder left Londonderry aforesaid upwards of thirty years ago, married in Baltimore in the state of Maryland, and removed to Virginia and there died; that, if they will apply to Silas Benton of Salem in the state of New Hampshire, now in the city of Washington, or to Alexander Boyes of Londonderry aforesaid, may hear of some property worth their attention. The several printers of Virginia and Maryland will serve the cause of humanity by republishing the above. Jun. 9
PROPOSALS
FOR PUBLISHING BY SUBSCRIPTION, A New Work on the principles of Steam Engines to be entitled, Young Steam Engineer's GUIDE. By OLIVER EVANS.
TO CONTAIN A General description and investigation of the principles of the engines used in England where the steam, is used as an agent to form a vacuum, and to act with a power on y equal to the weight of the atmosphere.
Also of the new and simple principle discovered by the author, of obtaining unlimited power, and working steam engines with a power equal to five or ten atmospheres, either against the pressure of the atmosphere in the most simple form, or with the use of a vacuum to take off that resistance; and to show why doubling the fuel on the new principle produces about fifteen times the power and effect.
Drawings of the simple and cheap, new form of engines suitable for producing and containing such great power in the least space, and with the least weight, to fit them for various purposes, for which no others would answer.
Tables of the size and proportions of engines of the different powers, from the power of one man to that of one hundred horses, to suit different purposes; with the assistance of a professional English steam engineer of long experience and great abilities, capable of communicating many secrets in the engineers art, that will render the work highly useful, and which are not to be found in any other work.
The author hopes to be able to shew, and demonstrate principles (part of which he has already in use) by the application of which, he can make engines at half the price of those heretofore used; not exceeding one fifth, or perhaps one tenth part of the weight to produce equal powers, and which will not require more than one third, or one fourth part of the fuel and which will serve the great purposes of raising water to water our cities, of sawing ship timber, mahogany and marble stone, grinding malt, paints, chocolate, plaster and turning lathes, &c. in cities—sawing timber on or near navigable waters; grinding grain, draining mines, working forges and furnaces, where water falls cannot be obtained—propelling boats against the stream, on all our rivers where hand oars are now used, and transporting heavy burdens on turnpike roads, with great advantages over the means by which these things have hitherto been done. He may also touch on several other mechanical and philosophical subjects which may lead to useful discoveries.
CONDITIONS.
The work shall be printed on good paper and neatly bound. But as it will be original and the subject abstruse, and will be extended no farther than the author may be enabled to proceed in, no estimate can be made of the expense of the engravings, nor of the price of the book. He can only say that it will be delivered to subscribers on the lowest terms that can be afforded; and should it exceed Four Dollars a copy, they shall be at liberty to refuse the work.
A list of the subscribers will be annexed. Subscribers for six copies shall receive the seventh gratis.
A FEW Hundred bushels of white, well burnt SHELL LIME, will be sold for cash at 16 DOLLARS the 100 bushels, if applied for immediately, a less quantity than 100 bushels will not be sold at this price. Apply to LON. CONNINGHAM, November. Cash will be given for WELL cleaned BARLEY.
For Sale,
A pair of elegant young CARRIAGE HORSES;
Also an Elegant London made Carriole and a Coach—Apply at this place. February 13—tf
NOTICE.
To facilitate to claimants under the 7th article of the treaty with Great Britain the receipt of the third instalment due on the 17th July next, in instances in which they have not constituted the public agent in London, their special attorney, it has been thought proper to draw to the United States all such monies of the above description as may not be drawn from him by the individual themselves prior to the 1st of September next. The agent is accordingly instructed to cash paying them after that date; but after the 1st of November next, they will be again payable at the city of Washington, to those who have right, or to their attorneys duly authorized. Department of State, February 4, 1805
* Note, The Printers of the Laws of the United States are requested to insert the above four times in their gazettes. Feb. 13 4t
From the Solicitations, and at the earnest request of several friends, the Proprietor of the MYSTERY, is induced to postpone his departure until Saturday afternoon, when he positively leaves George town; those therefore who intend visiting this astonishing machine, will please to take the present opportunity, as it positively leaves this place for the West Indies. Independent of its many performances, the proprietor assures the public that a light of the machine alone will gratify them. February 11—3t
To be seen at Mr. Knowles' opposite the Union Tavern, George town.
New Book-Store,
No. 61, St. Patrick's Row, Baltimore, under the firm of
American Book Store of Levrault, Schoell & Co.
OF PARIS, Where will be kept a complete assortment of
ENGLISH, French, German, Spanish, Italian, Latin and Greek Books, bound in the handsomest style; Maps, Engravings, Pictures and Music, and of every article relating to arts and sciences—The whole of which will be sold at the Paris and Leipzig prices, without any charges, except the indispensable expenses.
To Book-sellers, who wish to purchase English, Latin and Greek classics a generous allowance and uncommonly liberal terms are offered. Printers may be supplied with all kinds of Types; the samples of which may be viewed or bought at the store.
Commission business in this line will be promptly and punctually attended to.
Lovers of arts and sciences may be supplied with catalogues, which have already appeared and will appear at the time of new publications, either by personal application or by letter, post paid. January 11—2aw3w—UG3t.
FOR SALE.
A Tract or parcel of land, containing one hundred thousand acres, surveyed in tracts of one thousand acres each, lying on the great Satilla and St. Mary's rivers in the counties of Wayne and Talbot in the state of Georgia, distant about 40 miles from the town of St. Mary's and the sea. This land is an undivided moiety of two adjoining tracts containing each 120 000 acres, and is remarkable for its extensive forests of large and valuable yellow pine, and the luxuriant growth of natural grass, affording an inexhaustible range of pasture for cattle. It is also favorable for the culture of cotton, and lies in a very healthy district of country. A great bargain may be had to a purchaser of the whole undivided moiety; for terms of sale apply to JOHN BECKLEY. City of Washington. Sept. 12—tf
A Family of Negroes FOR SALE.
THE subscribers will dispose of by private sale (pursuant to the will of Ann Digges deceased) the following negroes without dividing any one of the family from the other, viz. GEORGE, aged about 47 or 48 years, stout and healthy, a very handy negro for every part of field work and a good mower, reaper and flicker of grain, &c.—GRACE his wife, aged about 37 years, brought up in a regular family, a house servant, to which she is fully equal, and is a remarkable good seamstress, laundress, and a tolerable cook. Also their two children, one a girl about three years old, and an infant at the breast. Application to be made to THOS. DIGGES of Warburton near Piscataway, or WM. CARROLL, Rock creek, Montgomery county, Executors. Jan. 30—wjt
RUNAWAY NEGRO.
WAS committed to the jail of Frederick county, on the 18th of October last, as a runaway, a negro man, who calls himself, WILLIAM BLACKSTON, and says that he is a free man. He is 5 feet 6 inches high, and about 27 years of age. The clothes which he has on are a brown cloth coat, a wan-down waistcoat, dark cloth overalls, a tow linen shirt, and a wool hat. His owner is desired to come, prove property, pay charges and take him away, or he will be sold for his jail fees agreeably to law. GEORGE GREAGER, Sheriff of Frederick county. November 16—1aw8t