Alexandria advertiser and commercial intelligencer (Alexandria [Va.]), 1802-02-27 00:00:00

J. G. Ladd  Alexandria Advertiser  AND COMMERCIAL INTELLIGENCER.
VOL. 11.]
SATURDAY, FEBRUARY 27, 1802.
[No. 373.]
Sale by Auction.
On WEDNESDAY next, At ten o'clock, will be sold at the Auction Room,
Rum in hhds. and bls.
 Sugar in do.  Coffee in bags,  Soap and Candles in boxes,  Raisins in do.  Starch in do.  Tobacco in kegs, &c.—ALSO,  A quantity of Dry Goods, Viz.
 Kendal Cottons,  Kerseys,  Halfthicks, Plains,  Plaids, Coatings,  Duffs, Flannels,  Irish and Sheeting Linens,  German Oznaburgs,  Calicoes, Durants,  Shawls, Handkerchiefs,  Ladies' Silk Gloves,  Sewing Silks, Threads, &c. 
H. and T. MOORE, Feb. 8. Auctioneers.
Public Sale.
On TUESDAY , At ten o'clock, will be sold at the Vendue Store,
 3d and 4th proof Antigua and Jamaica Rum in hhds. and bls.  French Brandy in bls.  Holland Gin in bls.  Teneriffe Wine in casks,  Cordials in bls.  Sugar in hhds and bls.  Molasses in hhds.  Rice in tierces and bls.  Soap in boxes,  Queens and Earthen Ware in crates, handsomely assorted!  30 boxes Havanna Segars,  Cotton in bales—on a credit. 
A variety of DRY GOODS,
 —AMONG WHICH ARE—  Broad and narrow Cloths,  Flannels and Planes,  Carpets and Carpeting.  Irish and German Linens,  Worsted and cotton Stockings,  Calicoes and Ginghams,  A variety of Mullin and Muslin Handkerchiefs and Shawls,  Table Cloths, Hats,  Boots and Shoes,  Hardware, and  A number of other articles. 
P. G. MARSTELLER, Feb. 8. Vendue-Master.
FOR SALE,
A likely MULATTO GIRL about 15 years old. Enquire of the Printers. Feb. 10. d3w
JUST RECEIVED
And for sale by the subscriber, lower end of PRINCE-STREET, a few barrels of APPLES.
THO. SIMMS. Feb. 25. d
GERMAN LINENS.
 Joseph Riddle & Co. HAVE FOR SALE  Best white Ticklenburg,  Second qual. do.  Brown do.  Oznaburgs,  Brown Hempen Rolls,  White do.  Hessian do.  Brown Holland and Dowlas.  ALSO ON HAND,  A Quantity of  Turk's Island, Isle of May, and Cadiz SALT. 
December 29. d
William Hartshorne
Has for Sale at his Mill, or in Alexandria, Plaister of Paris by the ton, or ready ground by the bushel, Indian Meal and Rye Meal, bolted or unbolted, Corn, or any other grain, ground for toll at the mill.
At his store in town, Hay in bundles, Corn by the bushel, Loaf and lump Sugar by the hoghead or barrel, First and second quality James Tobacco, in kegs, A few very good Mill Spindles, Two good Scale Beams.
One Share in the Potomac Company,
A number of valuable Lots in town. Also, for Sale or Rent,
A valuable Brick House
on King Street, now in the tenure of Thomas Cruse.
To Let, A two story Frame House on Duke Street, with a large garden and well of good water at the door. 1st mo. 18. d
ROBBERY.
One Hundred Dollars Reward.
THE subscribers' store was last night broke open and the following Cash and Goods taken therefrom, viz. About 100 dollars in cash, Cross-barred and striped coarse swansdown, 1 Piece of superfine brown cloth, 1 do. do. dark bottle green, 1 do. of dark brown superfine, 1 do. dark mixed brown superfine, 2 do. of blue fine cloth, 1 do. of dark mixture fine cloth, 3 do. lapet muslins, Of sprigged muslins a number—also dimities; camel hair shawls; brown, red and blue bandannoes; yellow flaggs and cinnamon silk shawls; a number of India book muslins; womens' blue and white worsted and cotton stockings, mens' fancy cotton stockings; a few pieces of Marceilles vest patterns and silk nankeen, together with a variety of other articles not particularly recollected.
The above reward will be paid to any person for discovering the Cash and Goods and convicting the thief or thieves; or Fifty Dollars for all the Goods, or in proportion for any part of the Goods recovered.
It is hoped all well disposed persons will interest themselves in discovering and bringing to condign punishment the perpetrators of this daring attack upon the property of citizens. J. & M. SCHOLFIELD. January 2. d
Such Printers as are disposed to detect villainy are requested to insert the above.
JUST RECEIVED,
And for sale on a liberal credit, or to exchange for Flour,
1900 bushels of excellent Turk's Island Salt, and 40 bls. prime Beef. I have also,
20 quarter casks Port Wine. Wm. HODGSON. Feb. 3. d
JUST RECEIVED,
COARSE WOOLLENS,
Consisting of Nap'd cottons, half thick, pladdings, striped blankets and kersey duffs—For sale on very moderate terms by the package, on the usual credit. Wm. HODGSON. Oct. 6. d
Cash given for rags.
FOR SALE,
The Cargo of the brig Little Sally, capt. Coxen, From Rhode-Island, now landing and consisting of
 French Brandy,  Holland Gin (entitled to drawback)  Country Gin,  West-India Rum, N. England do.  Loaf Sugar,  Castile Soap, Tanner's Oil,  R. I. Cheese of an excellent quality,  Soal Leather,  Russia and ravens Duck and Sheetings,  Cordage, 1 bale of Ticklenburgs, &c.  For Sale, Freight or Charter, The said brig Little Sally, burthen about 650 barrels, an excellent vessel and well equipped. Apply to J. G. LADD. Jan. 4. d
JUST RECEIVED,
And for sale by the subscriber, at his Grocery and Fruit Store, lower end of Prince Street,
 Fresh Oranges and Lemons in boxes from Lisbon,  Do. figs in frails,  30 boxes fresh bloom Raisins,  Soft shell'd Almonds,  Tamarins. 
 Also,  Apples by the barrel,  Shellbarks do.  Good Cyder do.  Soap and Candles in boxes,  Mould Candles do. 
R. Island Cheese and Potatoes of a superior quality, Queens Ware assorted, And every other article in the GROCERY LINE. Thomas Simms. Feb. 6. d
JANNEY & PATON
HAVE FOR SALE,
 90 Pieces of Russia Duck,  30 Ravens do.  6 Chefs of Souchong Tea,  Havanna white & brown Sugars in boxes,  West-India do. in hhds. and barrels,  Coffee in bags and barrels,  Holland Gin in barrels,  Sweet Oil in boxes of 12 bottles each,  Castile Soap in boxes,  Shoes in boxes assorted,  East-India Goods. 
Also, The Cargo of the Schooner Lucy, captain Snow, consisting of 43 Tons Plaister of Paris, 60 Casks of Lime, 10 Barrels of Tanner's Oil, 115 Reams of Wrapping Paper, 40 Boxes of dip Candles. January 22. d
GEORGE KOCH,
Manufacturer of Chip and Straw Hats and Scoops, AT GRACEHAM,
Having entered into contracts which preclude him from disposing of those articles by the Box, takes the liberty of requesting his friends and customers to direct their future orders to Messrs. A. and I. SHRIVER, IN FREDERICK-TOWN; with whom he is under contract for a regular and extensive supply; and where orders will be properly and respectfully attended to, upon terms fully as advantageous, and more convenient, than would have been in the power of the manufacturer. Frederick-Town, Feb. 12. d3w
JANNEY & PATON
Have just received and offer for Sale, A quantity of New-England Rum, and Liverpool Ware in crates. Feb. 2. d
An Apprentice wanted
Notice.
LAWRENCE OWEN having assigned all his property, for the benefit of his creditors, to the subscribers, all persons having demands against him are requested to present their accounts to Wm. W. SMITH, Philadelphia, or KENNEDY OWEN, Baltimore, Feb. 24. d
In obedience to a Decree of the Court of Alexandria county, on Saturday the sixth day of March next, will be offered for sale on the premises, for ready money,
A Lot of Ground
Containing half an acre; lying upon the east side of Alfred Street and South side of Cameron Street, in the town of Alexandria; extending on Alfred Street 176 feet 7 inches, and on Cameron Street 123 feet 5 inches. There are a convenient two story frame dwelling house, with a kitchen and other out houses upon the lot. The lot is subject to an annual rent which will be made known on the day of sale. As the lot is large it will be divided into smaller dividends, and sold either in parcels or altogether as will best suit purchasers. This sale is made to satisfy a debt due from Thomas Richards to Thompson and Veitch. JAMES KEITH, JOHN JANNEY, JOHN DUNLAP, Com'rs. Feb. 5. d
Twenty Dollars Reward.
ELOPED from the subscriber, this morning, a Negro woman, called TEANY,
about 18 years of age. She had on, when she ran away, a jacket and petticoat of blue plains, an oznaburgh apron and a flannel under coat. She has naturally a wild look, and has a large welt upon her back, occasioned by a burn. It is very probable, if she has left town, that she has made for her parents who live at Mr. Turberville's Quarter, about 20 miles from Alexandria, on the Fall's Church road. The above reward will be given to whoever apprehends and secures the abovementioned woman, so as I may get her again. THOS. RICHARDS. Feb. 23. d
APPLES.
JUST received, and now selling, a parcel of excellent Apples in bls. Apply to J. G. LADD. Feb. 22. d
For Sale,
 Antigua Rum by the hhd.  Raisins by the box,  Sugar by the barrel,  Dates, fresh from the coast of Barbary,  With a variety of other 
FRUITS and GROCERIES. ABEL WILLIS. The HOPE will sail for Norfolk on Thursday next. Jan. 11. d
VALUABLE PROPERTY,
CONTIGUOUS TO ALEXANDRIA, TO BE RENTED.
THE subscriber purposes, in the ensuing spring, to lay off, and lease forever, a considerable number of BUILDING LOTS, handsomely situated upon Washington, Fairfax and other streets extended; each lot from 20 to 25 feet in front, with the depth of 100 feet to a commodious alley; the whole commanding a delightful view of the City of Washington, the Potomac, and the circumjacent country.
As the Rent required is only 9d per foot front, none need apply but those who will covenant to build. CHARLES ALEXANDER, jun. Feb. 15. 6td 3raw

Congress of the United States.
HOUSE OF REPRESENTATIVES.
Tuesday, February 16.
Debate on the bill received from the Senate entitled "An Act to repeal certain acts respecting the organization of the courts of the U. States."
(Mr. Hemphill's Speech concluded.)
But, Mr. Chairman, is it probable that the framers of the constitution ever intended to invest congress with a power to destroy the office of a judge in a rising country like this, where all the various sources of litigation are daily increasing? They fore saw that new judges would be wanted from time to time, but they never could have pictured to themselves a necessity of dispensing with the old judges. If we were framing a constitution this moment, if we had any regard for the independency of the judges, would we invest congress with a power to remove them, or take away the offices? We could calculate with a reasonable certainty, that if there should at any time be a necessity for their appointment, there would always in this country be a necessity for their continuance; and we could trust this power to one legislature as confidentially as to another. If the framers of the constitution could have entertained any suspicion that a legislature in 1801 would create useless judges for party purposes, with equal propriety they might have supposed that a legislature in 1802 would destroy useful judges for party purposes.—But the independency of the judicial department was the object.—This was an invaluable principle, and not more liable to abuse than any other principle fixed by the constitution, and there was no principle so necessary to be settled as the independency of the judges. If we are to argue from the abuse of power, what is there to prevent Congress from admitting into the union more new states than would be for the advantage of the nation; the late administration, with the consent of the legislature of Massachusetts, might have erected the province of Maine into 15 or 20 states; the fact is, if there is a necessity for a new state at the time of its admission into the union, the probability is, that there will always be a necessity. So if there is a necessity for a judge at the time of his appointment, the probability is that there will always be a necessity, and the legislature giving birth to the one or the other, are the constitutional judges of that necessity, and no other legislature has a right to interfere. My opinion is that the framers of the constitution intended that the judges should be independent of both the other branches of government; that they have spoken plainly and unequivocally; and that the moment the judge is appointed the office is ingrafted in, and becomes a part of the constitution, and cannot be taken away without impairing the constitution itself.
With regard, Mr. Chairman, to the distinction that is taken between the supreme and inferior courts, for my own part I cannot see any force in the argument. Any person of common candour must acknowledge, when he reads the first section and second section of the 3d art. that there is as imperative an injunction to establish some inferior courts as there is to establish one Supreme Court. It is said that the Supreme Court shall have appellate jurisdiction, and of course there must be inferior courts from which the appeals are to be made, and the duration of office in both courts is contained in the same sentence and words; and it is absurd to suppose that the framers of the constitution affixed a double meaning to these words—the reasons urged against our construction, apply as well to the supreme court as to the inferior courts; a dying administration could provide for its friends by increasing the number of judges in the supreme court with as much facility as by creating inferior tribunals. But, Sir, if Congress have the power contended for, there is not a judge on the supreme bench who is not completely in their power. The constitution does not say how many judges there shall be, so that you may remove all but one, or you may pass a law placing six new judges on the bench by the side of the present judges, and then for the good of the people, conclude that twelve judges are unnecessary, and repeal the law which created the first six judges, and the imperative words in the constitution will be complied with, the supreme court being always in existence. I see
nothing in the constitution which prohibits congress from charging the name of an inferior court, if by the same act the office with all that appertains to it is some where preserved. And that congress have a right to transfer some of the duties of the judges from one tribunal to another is clear and evident, it is incident to the power of constituting new tribunals; for when a new court is created, some of the business which would have been cognizable in the old court, must be transferred to the new tribunal. It was this kind of power that congress exercised in passing the law last session; but they did not touch the office, which consists in certain powers, jurisdiction, and authority, conferred on a particular person, requiring of him certain duties, which may be exercised in a court bearing a different name from that of the judge. Under the old system the district judges sat in the circuit courts, the supreme judges sat in the circuit courts; and under the old system the district judges of Kentucky and Tennessee had the powers cognizable in a circuit court, with some exception as to appeals, and writ of error; and the 24th section of the law of 13th February, 1801, which abolished the two district courts, transferred the constituent parts of the offices, to wit, all the power, authority and jurisdiction of the said courts into the circuit courts, and by the 7th section of the same law, the district judges of Tennessee and Kentucky, with a circuit judge, are to hold the circuit courts, and in the 3d section it is expressly declared, that when the offices of the district judges, in the districts of Kentucky and Tennessee respectively, shall become vacant, such vacancies shall be supplied by the appointment of two additional circuit judges, which appointment of course must be made in the usual way. And in the 3d section of the same law, congress have virtually acknowledged their want of power to take away the office of a judge, have provided that after the next vacancy in the supreme court, it shall consist of five justices only. And as to the additional salaries of the district judges, they will be presumed to be equal to the additional duties, until a complaint is made, and then the fact must be ascertained.
This law then, Mr. Chairman, which expressly recognizes the judges, which expressly continues his duties, and which expressly continues his salary, is likened to a law which destroys the office of a judge, takes away his duty, takes away his salary, and leaves his commission on a blank piece of paper; and this is the rock on which gentlemen stand, when they triumphantly ask were we the guardians of the constitution when the first law was passed.
Mr. Chairman, ingenuity has been exhausted in contriving cases wherein it is said our constitution will not hold good. It is asked if in the case of a war a whole state should be ceded, if the offices of judges would remain? Certainly not; but here the provisions in the constitution would not be complied with, the whole strength of the nation would not be sufficient to protect it, yet it would be a case of necessity; calamity of war, which no constitution can provide against—and in the case put, the most important part of the constitution would not be complied with, which guarantees to each state in the union a republican form of government; yet in that event the people of the ceded state might become the slaves of a tyrant.
But, Mr. Chairman, a doctrine new and dangerous has begun to unfold itself. It is said that the judiciary is a subordinate and not a co-ordinate branch of the government: that the judges have no right to declare a law to be unconstitutional; that no such power is given to that branch in the constitution. Why, Sir, it is no where declared that congress have a right to exercise their judgment, or to consider the expediency of a measure; the judiciary from the nature of their institution are to judge of the law and what is the law: the constitution is paramount and supreme: the judge is bound by his oath to support it; the legislature have a right to exercise their judgment as to the constitutionality of a law on its passage: but the judiciary decide at last, and their decision is final. This doctrine is admitted in the debates of the convention of Virginia. In the case of Vanhorne, vs. Dorrance , judge Paterson has expressed the same opinion when he could have had no view to this question. "I hold it to be a position equally clear,
and found, that in such a case, it will be the duty of the court to adhere to the constitution, and to declare the act null and void. It is an important principle, which in the discussion of questions of this kind, ought never to be lost sight of, that the judiciary in this country is not a subordinate, but a co-ordinate branch of the government." The chief magistrate of Pennsylvania has recently expressed the same sentiments, and the correctness of his legal opinions will not be called in question by any party; in assigning his reasons for not approving a law, he says: "And I cannot from a confidence in the legal knowledge, integrity, and fortitude of my former brethren in the supreme court, risk my character in a judicial decision on this question, when I do not foresee any advantage to be derived to my country from a possibility of success."
But, Sir, if it is once established that the judiciary is a subordinate and dependent branch of the government, I acknowledge that they have no right to judge of the constitutionality of a law, or if they have the power, they will be afraid to exercise it. Upon this principle where will an influential partisan and an insignificant individual meet to adjust their claims; in this house or in a tribunal under the influence of this house? Where will the powerful state of Virginia and the state of Delaware meet upon terms of equality, in this house, or in a tribunal under the immediate control of this house? Where could the federal administration of justice in this country be deposited with more safety than where it is? Entrenched as our judges are, they can do but little harm, but much good; from their situation they can have no temptation to make inroads upon the rights of the people; there is no such thing as judicial patronage; they can appoint no officers, collect no money, raise no armies, raise no fleets. They have nothing but their virtue and talents to recommend them to the people. If it is within the power of human contrivance to select a spot, where the streams of justice will flow pure and uncontaminated, it is in a tribunal of independent judges.
The three grand branches of our government are well arranged. The President has his proportionate weight in the judiciary, by appointing the judges, and when they are appointed they are independent; and in this situation are to guard the legislature from making encroachments on the liberties of the people. The legislature in turn have a check on them by bringing them to trial and punishment, if they should become corrupted? This trial is to commence in this house, which will always be a repository of a sufficiency of passion and spirit to commence the impeachment if there is a reasonable cause—the trial is to be ended in the Senate, where the members, from their permanency, will be likely to be cool, and not convict, unless they are guilty. Thus the parts are interwoven operating as checks and controuls on each other; but once cut the ligament, and perhaps the dreadful consequences have not been too highly colored. The effect may not be immediate, but let the principle be practiced upon by two or three changes of administration, and it will become as much a matter of course to remove the judges, as the heads of departments, and in bad times, the judges would be no better than a sword in the hands of a party to put out of the way great and obnoxious characters for pretended treasons.
The independency of the judges was a great point gained by the people of England. While the tenures of office depended on the nod of the crown, they supported the arbitrary measures of the king in one instance they decided that the king had a right to levy ship money, without the consent of Parliament or people; and many an instance might be brought to the recollection of the honorable committee, where they determined through fear and not from judgment. It is said they are not independent of Parliament. Why, Sir, nothing is independent of Parliament; and there is not the same necessity there. There being no written constitution the judiciary forms no check upon Parliament—and besides, our government is not a copy of the British government; and this is not the only solitary instance, where we have out stripped, as it is called, our too favorite prototype.—There is not a leading feature in the constitution that bears testimony of any servile imitation; it is our opponents who
with to test our constitution by the principles of the British government, it is they who with that a construction be put upon the constitution by congress, which shall be considered as the constitution itself; and are unwilling that there should be any check to oppose it; and of course every construction put on it by the different legislatures will exhibit the appearance of a new constitution, a constitution to be tossed and blown about by every political breeze. The powers of congress will be equal to the powers of the English parliament, transcendent, splendid and without controul. I little expected that such lordly power would be grasped at by our plain republicans, who have no ambitious desires, and who with rulers to be contented with humble prerogatives.
Mr. Chairman, when I reflect upon the intrinsic nature of the question, I am confounded and amazed—it is vast indeed—from a dread of its terrible consequences. Yet in its nature it consists in the open denial of the obvious meaning of a few words in the constitution—we repeat the words, gentlemen deny their plain sense—We read "That the judges both of the supreme and inferior court shall hold their offices during good behavior." Our opponents say that these words do not mean "that the judges of both the supreme and inferior courts shall hold their offices during good behavior." The meaning of these words is entirely different; it is in fact the reverse; they do not infringe our power; they refer to the executive; although the office to be holden is not of executive creation, and he can neither make it or destroy it; the thing to be holden during good behavior is an object of legislative creation. Certainly our opponents cannot drive us off the firm ground on which we stand, and tell us that these words are not in the constitution. They are, and how are they to be gotten rid of? No other way under heaven, Mr. Chairman, than by a bold arbitrary assertion that they do not bear their natural meaning; that they do not bear the same meaning which they bear in another part of the constitution.
The people have said that a judge shall hold his office until a certain event shall happen—the rulers say no, we will shorten the period, and this is not breaking the constitution; or, in other words, the people have said that a judge shall hold his office during good behavior; the rulers say, the meaning of that is, that the office can be taken away at any moment. Why, Sir, what part of the constitution will hold gentlemen, what words are in it that are strong enough, and what meaning cannot be as easily distorted and perverted? We have a right to our facts here for two years if we do not behave disorderly; yet it might as well be said that the meaning of that is, that two thirds can expel the other third at any moment notwithstanding their good behaviour.—Our opponents complain of the want of power—that their power would be too much cramped and restrained from its natural freedom by our construction. Why, Sir, that is the object of a written constitution, to place objects out of the reach of legislative power. It is its great and grand design.
I ask pardon of the committee for detaining them so long. I ascribe no wicked motives to our opponents. I have the charity to believe that their motives are good and virtuous; yet I am confident that through a mistaken zeal for the good of the people, they are going too far, and are destroying the constitution of our country.
Wednesday, February 17.
Mr. Thompson—I find the opinions I entertain, so extremely adverse to the sentiments yesterday expressed on this subject by the honorable gentleman from North-Carolina (Mr. Henderson) which opened this debate, and the honorable gentleman from Pennsylvania (Mr. Hemphill) whose great ingenuity I feel pleasure in acknowledging, that I feel myself impelled to offer to the consideration of the committee a few observations in reply to the arguments used by those gentlemen. But, Mr. Chairman, whilst I pay the tribute of my respect to the eloquence and ability which the gentleman from North-Carolina has displayed in the discussion of this subject, I must pray that honorable gentleman to pardon me when I declare myself unable to follow him, when soaring on fancy's airy pinion he transported us across the Atlantic, and presented to our view, in the most vivid colours which

Language can portray, the spirit of innovation sweeping morality and good order from the earth. Nor will I pretend, Sir, that my humble genius will enable me to pursue him, when he forced this same spirit of innovation to mount the whirlwind and lash on the storm. But, Sir, with such talents as I am endowed with, I have no objection to going into the consideration of the question before the committee, and pursuing the order which the gentleman has had the goodness to suggest, as the most natural into which the subject can be divided—that is 1st—The power of the legislature to pass, and 2dly, The expediency under the existing state of things of passing the bill now upon your table.
Under these two heads I will endeavor to meet, as far as I shall be able to recollect them, the most impressive arguments which have been used by the gentleman, and I will beg leave in the first place to call the attention of the committee to the 3d section of the first article of the constitution, which has been very slightly touched on by the gentleman from North Carolina, and which has been attended to, with much ingenuity by the gentleman from Pennsylvania. By this section the legislative powers of congress are defined. Congress shall have power, says the constitution, to levy taxes, to borrow money, to coin money, and, among a variety of other powers, "To constitute tribunals inferior to the supreme court." It is an axiom in politics that an ordaining power always embraces a repealing power; if congress have a right to constitute courts, they have the right to modify and to annul the courts so constituted, this, like various others, is merely a discretionary power to be exercised, or not exercised, as congress shall find conducive to the public welfare; the granting a power does not oblige the exercise of that power: neither does the exercise of power make the laws resulting from that constitutional exercise of power, unchangeable and irrepealable. The same constitution, giving this power, gives various other powers as I have already shown; yet it has never been contended that the laws passed under these conceded powers are irrepealable. Still, by a parity of reason, and with a reference to this particular section of the constitution, if the laws relating to the judiciary establishment of the United States are irrepealable, so must the various laws passed under these granted powers, relating to your revenue, to your army, to your navy, to your mint, be irrepealable. But every gentleman knows that laws resulting from these powers have been passed, have been modified, and have been repealed; and so likewise has the law establishing the judiciary system. Without carrying you through the tedious detail of the 26 or 27 laws, which have been passed upon this subject, it will be quite sufficient for my purpose to notice the law of the last session of congress; the 27th section of which begins with these words: "And be it further enacted, that the circuit court of the United States heretofore established shall cease and be abolished." We travel not then in a wilderness, Mr. Chairman, un-trodden by human footsteps; our immediate predecessors, it appears to me, are the pioneers who point out to us the path we should pursue for the benefit of our constituents: They have not only abolished the circuit courts, but reorganized the whole system; they have constituted new courts and new judges, and they have lessened the duties of the judges of the supreme courts. To say that a subsequent legislature have not a right to repeal a law of a precedent legislature is to proclaim such precedent legislature infallible. That they are more just, more wise, more competent to the exercise of their functions, than any legislature which shall follow them. It is a contradiction of the progress of knowledge, and of the improvements which may result from experience; it is a denial of the utility of frequent elections; because that legislature which had attained the acme of perfection ought to be permanent and unchangeable. The law however of the last session, which I have just now cited, having modified the courts of the United States, concedes the power of modification to be in the legislature. But, Sir, even this concession, such as it is, is now by the arguments of gentlemen, so clogged with appendages, so qualified by expositions, that whilst with one breath the power of modification is admitted, with the very next that power is unnerved, is rendered useless; i.e.,
says the gentleman from North-Carolina, a department of the government has been erected, called the judiciary, not holding their offices during pleasure, but during good behavior, and whatever power attempts to deprive them of their offices violates the constitution. It is admitted then that congress have power to modify the law; but it is denied that they have power to abolish the offices of the judges.
(To be continued.)
PHILADELPHIA, February 24.
Captain Monteith, of the brig Joseph Harvey, arrived yesterday from Cadiz, informs, that while there he received a letter from Captain Blackwell, dated Algiers, December 21, stating the capture of a Tripolitan Brig and two hundred men by the United States Frigate Philadelphia.
The Boston Frigate had arrived at Algiers. The President, Commodore Dale, and the Philadelphia, Captain Barron, were cruising off Tripoli, in December. The Essex, Captain Bainbridge, was off Gibraltar.
Arrived, Ship President, Welden, N. York; Brigs Sally, Thompson, Martinique; Joseph Harvey, Monteith, Cadiz; Sloop James, Lagar, Baltimore.
Cleared, Schooner Weymond, Boston, Richmond.
Ship Sally, Thompson, from Martinique, left there Jan. 27 the following vessels; Ship Fame, M'Dermott, of and for Baltimore to sail in 12 days; Brigs Betty, Arnold, East Greenwich, to sail in 4 days for New York; Betty, Williams, New London, to sail in 15 days; Ann, Vinson, of Baltimore, in 8 days to Lee ward; Phillip, Smith, of and for Baltimore, in 10 days; Cleopatra, Petton in 5 days; Angenora, Price, to sail next day for Cape Francois; Charlotte, Hudgings, Wilmington, N. C. in 25 days; Hannah, Gardner, to sail in 3 days for a market; Emily, Price, of Baltimore, carried in the 26th, from Antigua; Schooners Lucinda, Vickery, do. sold, for the Spanish Main; Molly, Stevens, Marblehead, or the Spanish Main; Walter, Roarman, Wethersfield, in 10 days; Friendship, Aplin, Edenton, N. C. in 6 days; Rhoda, Green, just arrived from Cape de Verd Islands; Courier, of Baltimore, just arrived; Sloops Maria, of Philadelphia, to sail in 5 days for Dominica; Ann, Boardman, for New York, in 10 days.
Capt. E. spoke on the 10th Feb. schr. Trio, from Norfolk to the Havannah, and on the 11th inst. in lat. 30, long. 74, parted company with the brig Ruby, Anderson, of and for Philadelphia from Martinique.
Arrived, brig Joseph Harvey, Monteith from Cadiz. Left there the following vessels:
Ship Harry, Boyd, of Philadelphia; Sydney, Baltimore; brig Chat-ham, Vanneman, of Philadelphia; schr. Jane and Maria, Devereux, do.
The schooner Roebuck, Dawson, of N. York, entered Cadiz bay in the beginning of January, but was ordered away on suspicion of having the Yellow Fever on board.
Captain Monteith spoke the following vessels:
Feb. 3, lat. 28 51, long. 58 25 W. Schooner Sally, Prior, of Duxbury, out 13 days, for Martinique. Feb. 4, lat. 28, 51, long. 60 23, brig Trial, of Salem, for Martinique, out 14 days. Feb. 8. lat. 30, S, long. 68, schr. Exchange, of Baltimore for La Guira.
Alexandria Advertiser.
SATURDAY, FEBRUARY 27.
In publishing a list of the officers of the Washington Society, for the ensuing year, we omitted mentioning that Dr. ELISHA C. DICK was chosen Vice President.
HOUSE OF REPRESENTATIVES, OF THE UNITED STATES.
On Wednesday and Thursday the house were exclusively occupied until a late hour in debate on the judiciary law.
On Wednesday Mr. Goddard first took the floor, and spoke against the repealing act; he was followed by Mr. Israel Smith, who spoke in favour of it.
Mr. Hager, moved that the committee should rise.
Lost—Ayes 34—Noes 51.
Mr. Rutledge rose at half past 2 o'clock, spoke against the repealing act, and continued on the floor till half past 4 o'clock, without concluding his remarks.
On Thursday Mr. Rutledge finished his remarks, after speaking from 11 till 2 o'clock.
He was followed by Mr. Dawson, who spoke in favour of the repealing act, when Mr. Griswold spoke against it till 4 o'clock, without finishing his remarks.
(Nat. Intel.)
It appears highly important that the people of the United States of America, and those in Europe who have property or business there, should attend to the wonderful display of our resources and prosperity, in the official return of the exports of the United States, of the 10th February, 1802. That report contains the exportations during twelve months, ending on the 30th Sept. 1802. It exceeds 93,000,000 of dollars, or nearly the sum of 21,000,000 of pounds sterling. The cotton alone is nearly 21,000,000 of pounds weight, tho' we did not ship a single bag of our own cotton at the end of our revolutionary war! Our flour is increased to 1,100,000 bbls. our tobacco 163,000 hds. our Indian corn 1,768,000 bushels, our lumber 200,000,000 of pieces and feet, our beef and pork 146,000 barrels; the bacon, butter, cheese, lard, and candles, are above 10,500,000 pounds weight. The most astonishing circumstances are the vast quantity of cotton, and the total amount of the return. It is hoped that every editor of a gazette in the United States will publish (from an original treasury copy if possible) this very important document.
FROM THE GAZETTE OF THE UNITED STATES.
Mr. Bronson,
THERE is a very singular kind of a man now residing in the state of Vermont; the inhabitants call him the Hermit of the Mountain, but he calls himself Nathan Ben Ashur. He is evidently of Jewish extraction; he retains all the rites and ceremonies of the Hebrews, and his style and manner bear a near similitude to that of the Ancient Scribes. His living is simple; the fruit of the woods is his food, and water from a spring allays his thirst; his devotion is fervent and sincere, and those who are within the circle of his acquaintance reverence him for the piety of his life and the sanctity of his manners, and more especially for the foresight into futurity, for which he is eminently remarkable. He lives in a Cave dug out of the side of a mountain, shaded by a forest of lofty trees. But from what part of the world he came, or why he became a recluse, must remain a secret until his death, when it is supposed he will leave, for the benefit of mankind, a precious collection of his labors.
As the following Vision seemed to be interesting at the present time, he voluntarily communicated it to an intelligent friend of his acquaintance to be made public. Without doubt your readers will be pleased with it, not only for its novelty, but also for the interesting matter it contains.
THE VISION
OF NATHAN BEN ASHUR.
1. In the first year of Jefferson, the President, in the second month, on the tenth day of the month, Nathan Ben Ashur had a dream, and visions of his head upon his bed, then he wrote the dream and told the sum of the matter.
2. And Nathan Ben Ashur spoke and said, I saw in my vision, by night, and behold! a bright form, in the similitude of one of the sons of men, descended upon the earth. He was clothed in purple, and had a glittering Tiara upon his head, and in the folds of his mantle were written in large golden letters, "THE GENIUS OF AMERICA."
3. And lo! as I was standing by the Synagogue of Calvin, he beckoned unto me with his hand, and said follow me, and I will shew you the signs of the times.
4. And it came to pass, that as we drew near to the Synagogue, the doors thereof flew open, and we entered into the innermost part thereof, and lo! we espied an old man, with a pair of scales; in one of the scales was good Wheat, and in the other scale was Chaff, Cockle and Cheat and some grains of good wheat, but the chaff appeared heavier than the wheat, and I marvelled there at.
5. And I saw also two Women; one held a distaff in her hand and she was spinning of flax, and she was fair to look upon, and of a beautiful countenance; and
the other woman was ill favoured, and was clothed in the attire of a harlot, and her hair was dishevelled, and she appeared to be ill-tempered in her understanding, for she would ever and anon be plucking the cloaths from the beautiful woman and cried continually with a loud voice "Liberty and Equality forever."
6. Then my guide spoke and said, listen unto me, thou son of man; the opening of my lips shall be of right things; attend unto my words and thou shalt gather instruction from what thou hast seen.
7. The scales which thou sawest are the political balances of governments. The old man is Justice, and the wheat are those who tread in the footsteps of Penn, Washington and Adams. But the chaff are they who follow after those that are given to change, even the foolish philosophers of the present day, and they are called Democrats.
8. The woman thou sawest, with the distaff in her hand, is Wisdom with the sign of Industry in her hand, and the ill favoured woman who had the appearance of a harlot, who was plucking off the cloaths from the beautiful woman, represents those who love to live on the labour of others; and whereas she appeared to be bereaved of her wits, it represents the mad-nels of Democracy, that can bear no restraint, but runs wild in the theory of things that can never be obtained.
9. And whereas thou sawest that the scale which held the chaff appeared heavier than the scale that held the wheat, now turn thine eyes under the scale and thou wilt see the cause thereof.
10. And I did so, and lo! a chain was fastened to the scale, and an ill favoured one held the chain, and he had the appearance of a fiend from the bottomless pit, and the smell of him was as the smell of fire and brimstone.
11. Then a great wind arose from the east and carried away the chaff, the cockle and the cheat; and the wheat remained, and the old man gathered up the wheat and put it into fine golden vessels.
12. Then my guide, moreover, spoke and said, the chain which thou sawest is the combination of wicked men to overturn the government, and the man holding the chain is anarchy; but his power is limited and his reign will soon have an end.
13. And whereas thou sawest some good wheat mixed with the chaff, these are they who will return to the sober manners of their forefathers, yea they will respect, in the day of their humiliation, the wisdom of former years and reverence the sacred truths delivered by their elders.
14. And my guide moreover spoke and said, publish the things thou hast seen and send them forth into all lands, that the virtuous may be encouraged to hold on their way, and the valiant be animated to resist the sophistical notions of the vain philosophers of this our day.
NATHAN BEN ASHUR.
Public Sale.
At the house of Mr. A. CATOL, Prince Street, next door to Mr. M. Miller's, will PEREMPTORILY BE SOLD, on Tuesday next, at 10 o'clock,
A VARIETY OF Household and Kitchen FURNITURE,
And
A quantity of JEWELRY: Consisting of gold and silver watches, gold necklaces and watch chains, bracelets, ear rings, rings, silver table and tea spoons, with a number of other articles.
P. G. MARSTELLER, Feb. 26. Vendue Master.
PUBLIC SALE.
On TUESDAY next, at half past ten o'clock, will be sold the Vendue Store,
Two bales of
INDIA MUSLIN.
and a number of other Dry Goods.
P. G. MARSTELLER, V. M. February 27.
Removal.
Robert & John Gray
Have removed their
Book and Stationary Store
from Prince Street, to the store lately occupied by Pomeroy and Isabel, in King Street, fourth door from the fourth east corner of King and Royal Streets.
Feb. 3. d3t. 9

POTOMAK COMPANY.
THE Locks at the Great Falls being now completed & boats consequently being enabled to pass without interruption to tide water, the president and directors have established toll-gatherers, at Williamsport, Hooker's Falls and the Great Falls, who will receive the respective tolls authorised by law as per table subjoined, and they require all persons who use this navigation, to observe the following regulations, which have been deemed indispensably necessary, for the interest of the institution and the accommodation of the public.
No BOAT will be permitted to pass the locks at the Great Falls, until the whole tolls payable are discharged; but to obviate the delay of stopping at the different places above the Great Falls, where tolls are demandable, any person may pay the whole tolls chargeable on such boat and cargo, to the toll-gatherer at the Great Falls. The President and Directors, however being desirous of affording every accommodation to the inhabitants of the upper country consistent with the interest of the company, have authorised the Treasurer to enter into such arrangements with the owner or consignee of produce coming down the river, as will save the trouble and inconvenience which may arise from exacting immediate payment of the tolls on each particular cargo, as stipulated by law. Upon application to the treasurer at George Town, and securing to his satisfaction the payment on demand in George Town, the City of Washington, or Alexandria, of tolls on produce expected down the river, he is directed to give instructions to the toll-gatherer at the Great Falls, to allow such produce to pass, on receiving from the person entrusted with the carriage of such produce, his order or the order of the owner or shipper of the same, for tolls payable thereon upon the person or persons residing either in George Town, the City of Washington or Alexandria, according as may have been previously arranged with the treasurer as aforesaid, but in all cases the amount of the tolls is to be ascertained and endorsed on said order by the toll-gatherer.
11. It is recommended to all persons carrying produce or other articles down or up the river, to bring with the same a manifest signed by the shipper, showing the place of shipment, the number of packages and contents, to whom belonging, and to whom consigned, in order to enable the toll-gatherers to ascertain the different tollage to which the cargo is subjected, without the trouble and detention to the parties concerned, of unloading the cargoes for that purpose, and to avoid all disputes respecting the payment thereof.
All persons attempting to defraud the company, by passing any of the places where the tolls are payable and not discharging the same at such place or at the Great Falls as herein provided for, will be informed against by the agents of the company, and prosecuted to the utmost extent of the law.
On articles landed at Watt's branch, the same tolls must be paid as are demandable at the Great Falls. Upon articles coming down the river, no tolls are payable at the Little Falls, except upon such as have not passed the Great Falls, and no tolls are payable at the Little Falls upon articles passing up the river, except upon such as may be unloaded between the Little Falls and the Great Falls.—The rates of tolls at the Little Falls are the same as at Conegocheague.
JAMES KEITH, President , JOHN MASON, WILLIAM H. DORSEY, } Directors . JOHN LAIRD.
January 6, 1802.
TABLE OF TOLLS.
   TOLLS IN STERLING MONEY, AS ESTABLISHED BY LAW. SAME TOLLS REDUCED TO THE CURRENCY OF THE UNITED STATES.   At or near the mouth of Conegocheague. At or near Hooker's Falls. At or near the mouth of Conegocheague. At or near Hooker's Falls.   £ s £ s Dols. Cents. Dols. Cents.     1 6 1 6 33 18.54 33 18.54   1 3 1 3 27 42.54 27 42.54   1 0 1 0 22 12.54 22 12.54     50 54 50 54   25 54 25 54   11 6.54 11 6.54   7 22.54 7 22.54   5 30.54 5 30.54   55 30.54 55 30.54   18 28.54 18 28.54   44 24.54 44 24.54   9 14.54 9 14.54   27 42.54 27 42.54   9 14.54 9 14.54   4 9.54 4 9.54   2 42.54 2 42.54   1 46.54 1 46.54   18 28.54 18 28.54   10 10.54 10 10.54   2 42.54 2 42.54   55 30.54 55 30.54  
N. B. A barrel of flour brought from above Conegocheague to tide water pays for tolls in all, 22 cents and 2-9ths of a cent. A hoghead of tobacco brought from above Conegocheague to tide water pays for tolls in all, 88 cents and 8-9ths of a cent.
House of Emerainment.
Randolph Mott, RESPECTFULLY informs his friends and the public in general, that he has opened an INN in the Town of Alexandria, in the house lately occupied by captain Charles M c Knight, where he intends using his utmost exertions to give general satisfaction to those who may favor him with their custom, which from his experience in the business he flatters himself he shall be able to do on the most reasonable terms. January 5. 1802
NOTICE.
In the case of ANDREW RAMSAY & Wm. RAMSAY } Bankrupts. The subscriber being duly appointed assignee of the estate and effects of the said Andrew Ramsay and the said William Ramsay. All persons indebted to the said bankrupts, or that have any of their effects, are hereby required to pay and deliver the same to the subscriber and to no other person whomsoever. JOHN McIVER Alexandria, Feb. 25. 1802
FALL GOODS. CUTHBERT POWELL
has received, per the Eliza, from Liverpool, an Importation of Fall & Winter Goods, which he is now opening at the store lately occupied by Messrs. A. and W. Ramsay, on King-street, and which he offers for sale on moderate terms by the piece or package. Also, 25 Crates Earthen Ware, well assorted. Sept. 29.
LIVERY STABLE, And HORSES & CARRIAGES TO HIRE.
THE subscriber respectfully informs the public that he takes horses on livery, and keeps some excellent horses and carriages to hire. Also, A few good SADDLE HORSES for sale. Apply in part of the house formerly the Swan Tavern, King street, to JOHN HODGKIN. Jan. 25. 1802
Valuable Property for Sale.
Seven hundred and eighty-eight acres in the county of Hampshire, on the waters of Great Cape Capen, about 20 miles from the Warm Springs, and 30 from Winchester. This land is full of wood oak and pine timber. Two excellent farms may be made, with 30 to 50 acres of bottom, and rich high lands to each; and in the heart of the timber there is a fine seat for a saw-mill. Capt. Daniel Rice will shew the lands. Three thousand eight hundred and forty-five acres in the county of Ohio, on the waters of Grave and Fifth Creeks, near the river Ohio, and about 80 miles below Pittsburgh. Some of these lands are very good, with considerable quantities of rich bottom, and plenty of excellent timber. Robert Woods, Esq. the Surveyor of that county will shew these lands. I will sell all or any of the above lands for cash or upon credit, or take in exchange for them lands in Fairfax County, or lots of land in the city of Alexandria, or the city of Washington. R. T. HOOE. Oct. 23.
For Sale or Rent,
THAT handsome, convenient three story BRICK HOUSE, lately occupied by Edmund J. Lee, Esq. in King street, a few doors west of Pitt street. SAMUEL CRAIG. Dec. 15.
Alexandria County, ss.
I do hereby certify, that Wm. Kirby of said county, this day brought before me, A. Faw, one of the justices of peace for said county, as a trespassing estray, taken on his land, a Sorrel Horse, about 14 hands high, 5 years old, a natural trotter, a blaze in his face, two white feet on the off side, a snort switch tail, shod all round, some saddle spots on his back, has the distemper, and is appraised to fifty dollars. Given under my hand this 5th day of February, 1802.
A. FAW.
The above notice is given, That whoever has lost said horse, may have him again on application to the subscriber, living near the Four Mile Run Mill, between Alexandria and George Town, on proving property and paying charges.
Wm. KIRBY.
Feb. 10. 1803
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