The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-12-23 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. IV. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE. No. CCCCXCV.
FIVE DOLLS. PER ANN.
FRIDAY, DECEMBER 23d, 1803.
PAID IN ADVANCE.
MESSAGE
From JOHN PAGE, Governor of Virginia, delivered on the 5th inst.
Richmond Dec. 5th, 1803.
IN compliance with what appears to be the duty of the executive, & the established practice of my predecessors in office, I have the honor to address the following letter to the General Assembly: in which I shall chiefly confine myself to laying before it, such a statement of the affairs of the commonwealth, as by the constitution and laws seem peculiar objects of executive attention; without intruding upon the legislature my sentiments respecting the propriety of enacting any new laws, or of altering any now in force, except in such cases, as in the due execution of the laws, the executive have experienced unnecessary delay and expenses, resulting from the very letter of the law; or, in cases which seem evidently within the peculiar view of the legislature, and yet have not been embraced by their law intended to embrace them.
But I confess that even this appears to me too much like going beyond the bounds wisely prescribed by the constitution to the executive, and cannot with propriety be practised by an executive which has no constitutional share in legislation, not even a limited or qualified negative on the laws. For the suggestions of an artil popular executive, might in time have all the effect of a constitutional right to originate bills; and by the force of established precedents, and the well known tendency of executive power to encroach, might convert our happy free government into a disguised monarchy, rendering the House of Delegates mere cyphers. And here I must take the liberty of declaring that I think no one person ought to be entrusted with a power of controlling the will of the representatives of the people in the government of a single sovereign state, whose constitution is established on democratic principles, and which alone can rely on the people for its constant support, and, which is not obliged to resort to delusion, corruption and an armed force for its existence. The impossibility of guarding that single person against the secret influence of friends, or of agents of selfish designing men, and the probability of his yielding to an improper impulse, through weakness of mind or depravity of heart, render such power extremely dangerous; or, if not so, utterly useless. For it may be either heldly improperly applied; or through timidity not exerted when its application might be useful. Such a power is more likely to multiply courtiers, excite intrigues and create or encroach an undue influence in the executive than to produce any advantage to the commonwealth. And where there is a second branch of the legislature, like our Senate, chosen by the people, whose sole duty it is to revise and amend, or negative the acts of the House of Representatives, such power in a single person must be unnecessary. For if the people make a proper choice of Senators and representatives, it is not probable that they can and one man possessing more knowledge of their true interests, than a majority of both houses of their legislature.
But the qualified negative granted to the President by the Constitution of the United States, may be a necessary appendage to the other powers which the Executive should possess in a complicated government of a number of sovereign independent states, of various interests and different habits, confederated for their general safety and the preservation of their independence, acquired as theirs was, and exposed as it may be to secret intrigues or open force: and such power without propriety may be delegated by the people of all the confederated states, to a President, chosen by electors appointed by them, for the purpose of electing him, not only to execute the laws of the Federal Legislature, and to make treaties with the advice of two thirds of the Senate, but to be a check on the conduct of Senators and Representatives elected by single states, and who may be influenced by local and selfish views. In the hands of the President this high power seems placed by the people as the balance by which they expect to keep the sovereignty and independence, the freedom and happiness of their respective states constantly in equilibrio. The General Assembly, I trust, Sir, will pardon this digression, and attribute it to an earnest desire to explain the grounds of my silence respecting certain laws enacted by former assemblies, or such as it may be proper for the present Legislature to enact; and to my wish to embrace every opportunity of exhibiting to our fellow
citizens proofs of the excellence of our state constitution, and that of the Federal Government: both happily adapted to their respective purposes: the one suited to a single free state, in the neighbourhood of republican states, its friends and perpetual allies, offensive and defensive. The other admirably adapted to the government of a number of republican states, once rivals, and dependent on a powerful monarchy; but now sovereign and independent, except in cases wherein their general welfare, and the preservation of their union of strength and interests may require a relinquishment of some rights of sovereignty. And here I hope I may be permitted to congratulate our country, as I do most heartily, on the present prosperous situation of the United States. At peace with all the world, except a few petty, piratical states; respected by all the powers of Europe, and upon happy terms of amity, and commercial intercourse with the two most powerful nations upon earth, except so far as the unhappy war which they are now carrying on against each other, occasionally interferes with and checks that intercourse: Our finances in so flourishing a condition as to enable us to defray all the expenses of government, and pay the debts of the union in about fourteen years, besides making the payments stipulated for the purchase of Louisiana, without any additional taxes; and this too, after the great reduction made in our taxation by the present administration; the bright prospect of peace, security and prosperity of our sister states on the western waters; the vast field opened for the accommodation of our prosperity, and the "wide spread" for human happiness, by the peaceful acquisition of Louisiana, are circumstances that demand our gratitude to the adorable Disposer of human affairs. Permit me to add, that the President's late message to Congress, contains not only information most flattering to the proudlest hopes of the United States, but sentiments of policy and benevolence worthy of the attention and observance of every citizen within them. I am having, perhaps, digressed too far from the object in view, I will now return to it, and show that I not only think it improper for the executive in our state government, where the legislative and executive powers are, by the Constitution declared to be separate and distinct, so that neither shall exercise the powers properly belonging to the other, to interfere in the smallest degree with legislation; but that it is unnecessary, as well as dangerous, that he should even give the most distant hints at what ought to be the objects of legislative consideration. For as the House of Delegates possesses the sole right of originating bills, and its members are selected by the people from every part of the state, for the purpose of enacting laws which they may deem necessary, and of repealing such as they may think unnecessary or inconvenient, they ought to be supposed not only the sole constitutional framers of our laws, absolutely originating with them, but the full and perfect judges of every circumstance which can require legislative interference. Therefore, Sir, after pointing out the laws to which I alluded in the beginning of this letter, as occasioning unnecessary delay and expenses in the execution of one of them, and the defects of others as not embracing the objects within the peculiar view of the legislature, I shall only lay before the general assembly such documents as I have collected respecting the execution of the laws particularly confided to the executive direction by the last assembly, and the state of the public buildings.
The law first alluded to is that, intitled, "An act to amend the penal laws of this commonwealth." The 42d section of which contains a dilatory and expensive mode of proceeding in the trials of criminals, for making their escape from the Penitentiary. For by this clause of the act, a criminal may be retaken on the extremity of our western frontier on his escape, and having been sentenced to confinement by the district court of Suffolk, he must be carried back to that court to have sentence passed on him as to the additional punishment to be inflicted on him for the offence of breaking jail; or, if retaken within a mile of Richmond, he must be sent, for the same purpose, to the district court of Monongalia, if in that court he received his sentence of confinement. A remedy for this and other defects in this act, I have no doubt, will readily occur to the legislature. The other acts to which I alluded, are those respecting the militia and patrols. A revision of those acts, I with due respect, recommend to the general assembly. If I could prevail on myself to think that
the executive in our state has any right to propose amendments to the acts of the legislature, I should venture to do it with respect to those directing the arming and training of the militia; as the governor is, by the constitution, commander in chief of the militia when embodied, and his reputation as such, in cases of insurrection or invasion, might be committed in the present state of the laws, respecting that interesting business. But as the defects in the laws respecting these points are such as cannot escape the discernment of an attentive legislature, composed too, of many officers of experience, I will only suggest one remedy for their greatest defects, and that is to furnish sufficient incentives to duty, and to hold out adequate punishments for delinquency. But I think it proper to add, that the House of Representatives in the last session of Congress, resolved that it was indispensably necessary, that vigorous measures should be made on the part of the state governments, to carry into effect the militia system adopted by the national legislature. Their resolutions on this head, the President's circular letter to the governors of the different states in consequence thereof, and mine to the brigadier generals of this state, on the receipt of that directed to me are in No. 1, for the consideration of the general assembly. And as these resolutions seem to hold out the example of some states as worthy of our imitation, it may not be improper for me to remark, that such states, not laboring under the disadvantages of a thin population of citizens, dispersed over large tracts of land, and of having many of those large tracts thickly inhabited by a class of people ever meditating partial depredations and too often even general insurrections, have ordered out their militia in large bodies, to places of rendezvous which cannot be very remote from their respective habitations, for the purpose of training them in those complicated movements and evolutions of an army, which cannot so well be taught and displayed to single companies, a single battalion, or even to a single regiment as they may be to a brigade; and of instructing them in the method of encamping and taking care of themselves when in actual service in camp: a knowledge essential to the very existence of an army in times of war. How far such mode of training the militia may be adapted to the situation of this state remains with its representatives to determine. It may not be going beyond the bounds which I have prescribed to myself, perhaps on the present occasion, to remark, that in a country circumstanced like ours, as much as can safely be attempted, is, to persevere in endeavors to render the present system as effectual as it can be; to excite emulation and encroach a military spirit and skill in the officers, which in a great degree may be effected by a due attention to a part of the system already adopted, I mean that which relates to the various companies of volunteers. Their example properly excited and directed would most probably be imitated by the militia in general. But the excitement and direction to which I allude, it is humbly conceived, must in a great measure depend on the proper equipment of their respective corps: and as yet, there is no provision for furnishing the companies of artillery with their proper arms; although they form a most important part of an efficient military force, and such as is peculiarly adapted to the defence of our country, not furnished with a naval protection, and exposed to attacks from vessels on numerous water courses. It may therefore be worthy of the attention of the general assembly, to make some better provision for equipping and training the companies of artillery, than has hitherto been attempted, and for introducing amongst them a practical knowledge of some of those parts of the business of engineers which may be indispensably necessary for the effectual use of artillery employed against a naval force. I come now, Sir, to that part of my address in which I propose to lay before the general assembly such a statement of the affairs of the commonwealth as seem peculiar objects of executive attention, and such documents as have been collected respecting the execution of the laws particularly confided to the executive direction by the general assembly in their last session.
The judgement obtained by the representatives of Bayon de Beaumarchais in the Court of Appeals against the Commonwealth cannot be satisfied without an appropriation of money for that purpose; to which object it is my duty to call the attention of the General Assembly. A letter on this subject from J. A. Chevalier, their agent, is in No. 2.
It is proper I should inform the Assembly, that Colonel Monroe, the American Envoy Extraordinary to the French Republic, on his arrival in Paris, was applied to by Houdon, the statuary who had made the statue of General Washington for this state, claiming according to stipulations entered into with him, two thousand eight hundred livres, the amount of the loss he had sustained by receiving payment of nine thousand livres on the 29th of November 1792, in assignats which proved were worth, by the scale of depreciation established by law in that country, but six thousand two hundred livres. The justice of this claim being fully established, Colonel Monroe, to support the honor of our country, paid it, transmitting to the executive an examination by Fulwar Skipwith, Commercial Agent of the United States at Paris, of the fact stated by Houdon, and his receipt for the money. On consideration of which, the Council of state advised that a warrant for two thousand eight hundred livres should be issued for Colonel Monroe, and made payable by his desire to Mr. Tyler of the Council. The certificate and receipt are in No. 3.
The melancholy circumstance of the prevalence of the yellow fever in New-York, Philadelphia and Alexandria, as in the West-Indies and in ports on the Mediterranean, induced the executive to issue a proclamation directing the performance of quarantine. The letters containing applications for such proclamation are in No. 4.
The Council, on a proposition, for that purpose, from Captain Clarke, imported a fire engine and buckets for the use of the Armory, which for want of them had been exposed to imminent danger.
The distribution of arms has been progressing with all the dispatch which the nature of that very delicate and important business admitted. The enclosure No. 5. will show how far it has proceeded.
What relates to the appointment of a Surveyor of James River, and the removal of obstructions to fish, will be seen in No. 6.
No. 7 contains the letters of David Ruffner, Esq., and the answers of the Executive on the subject of the road to be opened under his superintendence, from the upper navigation of James River to the upper navigation of Kanawha River.
The report of the Superintendent of the public works is in No. 8, and that of the Superintendent of the manufactory of arms in No. 9.
The proceedings of the Executive under the Act concerning the heirs of Peter Francis de Tuteuf, deceased, may be seen in No. 10.
The Act providing seals for the district courts has not been executed with that promptness that I wished; but the delay has proceeded from a desire to procure a suitable device; a proper execution of it if possible within our own state. The device, by an accidental circumstance, does not perfectly accord with that advised by the council, though it has been at length received by their advice. One of them is submitted to the examination of the Assembly in No. 11.
The resolution of the Assembly respecting the appointment of three fit persons to collect testimony on the subject of the boundary line between this commonwealth and the state of Maryland, has been complied with on the part of the Executive as far as their agency extended, by their appointment of Abraham Venable, Esq., the right reverend James Madison, and colonel John Taylor, of Caroline; and as far as relates to them, the Executive is authorised to assure the General Assembly, that those gentlemen are taking proper measures to comply with the intention of their appointment.
No. 12 contains the Auditor's statements of the receipts and expenditures of the revenue for the year preceding the 1st of October last.
From the restrictions imposed on me by my construction of the Constitution of our country, and indeed by the principle which I think ought to influence the Executive in a government resting solely on the will of the people, expressed by their Representatives, I cannot indulge myself with laying before the Legislature my sentiments respecting the Armory, the Arsenal, the Guards and the Penitentiary. But I think it my duty to inform them, that the Captain of the Guard has repeatedly assured me that it was not adequate to the proper protection of the Penitentiary, Arsenal, and Magazine; and that therefore, according to Governor Monroe's instruc-
tions to him, contained in No. 13, he had confined his attention to the two former objects, as of most importance to the commonwealth. It is but justice to this officer and his company to add, that they have behaved with a propriety becoming citizen soldiers, and with vigilance and activity as a public guard, as well as with a display of military skill and attention to discipline in all their movements. And whilst I am doing justice to Captain Quarrier, the officers and privates of his company, I cannot refrain from applauding the conduct of Captain Clarke, as Superintendent of the Manufactory of Arms. For he has exhibited such a display of ingenuity and diligence in the discharge of his duty, as do him honor, and has brought the important business entrusted to his charge, to such a degree of perfection, as reflects a lustre on our state.
The death of the venerable and justly lamented Edmund Pendleton, late President of the court of appeals, has made a vacancy on that bench, to which with grief I call your attention.
The vacancy occasioned in the seat of one of our Representatives in the Senate of the United States, by the death of the patriotic Brigadier General Mason, has been filled by Colonel John Taylor of Caroline, by the appointment of the Executive, under the authority of the constitution of the United States and the laws of this commonwealth, to act as a Senator under the conditions therein specified.
And under the same conditions, and by virtue of authority vested in the Executive by the constitution and laws of this commonwealth, Maria Page of Gloucester, has been appointed to fill the vacancy produced in the office of judge of the chancery district court of Williamsburg, by the resignation of judge Wirt, No. 14.
Having now, Sir, laid before the General Assembly what appeared to me to come within the view of such a statement as may be made annually to the Legislature by the Executive of this commonwealth: and having shown that in refraining from going further, I was not influenced by indolence or inattention, but by imperious motives, proceeding from a sacred regard to the constitution of our country, I shall conclude, wishing you and the other members of your House health and happiness, and your constituents and their posterity an uninterrupted enjoyment of the blessings of civil and religious liberty, assuring you that I am, with personal regard, and due respect,
Your most obedient servant, JOHN PAGE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, DECEMBER 7.
Debate on the AMENDMENT to the CONSTITUTION, (Continued.)
Mr. J. RANDOLPH called for the order of the day on the amendment to the Constitution, received from the Senate.
Mr. HUGER moved to postpone the order of the day—He observed that he had very seldom, since he had the honor of a seat in the House, originated business. It was contrary to his habits to obtrude himself upon the House. And he would not now undertake the task of originating business but from a strong impulse of duty. He was again altering the Constitution, but as it was probable that an alteration would be made, he considered it his duty to render it as little prejudicial as possible. This he believed, would be the case, if the resolution he had laid on the table for dividing the United States into electoral districts was incorporated into the resolution from the Senate. He found that this resolution had been proposed not only by the legislature of New-York, but likewise by the legislature of South Carolina. It had also been submitted in a former Congress by a respectable member from a respectable state, (Mr. Nicholas.) Mr. Huger said that this could not be considered as a party question, as it was probable the federal party would lose political strength by its adoption. It was probable the members on that side would oppose that amendment. This principal hope of success was from the aid of those who generally differed from him in political sentiment. Mr. H. concluded by moving a postponement of the

order of the day till to-morrow, to enable him in the mean time to submit the resolution for electoral districts.
Mr. G. GRISWOLD, agreed with the gentleman from South Carolina, that it was important that both amendments should go to the same committee. He was in favor of the amendment for districts, not, however, because he considered himself bound by the instructions of the legislature of New York, given long since. On a former occasion, when this subject was before the House, some of his colleagues had thought themselves bound by those instructions, and had expressed his astonishment at resisting them. He was not disposed to question the correctness of their opinions. But for himself he could never consent to be bound by such instructions against the dictates of his own judgement. He was not the representative of a legislature, but of a section of the people, and did not represent the state, but them combined with other sections of the people. He had a right then to exercise his own opinion. It so, however, happened, that this resolution for electoral districts accorded with his own opinion, and therefore he should advocate its adoption. According to the reasoning of gentlemen, this resolution should be considered as the first in rank, as it was first named in the resolutions agreed to by the legislature of New York. Will gentlemen who advocate the last (embracing the principle of designation) reject the first, or neglect to pay it the same attention with the last? He should consider the vote against postponement as a virtual vote against the first resolution. Is it not fair and proper that both these points of amendment should go to the same committee, as they both relate to the same subject? He was in favor of the division of the United States into electoral districts, as it carried to the people directly the election of electors, which is now three degrees removed from the people, whereas by the amendment it would be only two degrees. We may be told that the legislature of New York may, under the Constitution, if she pleases, district the state; and we may be asked why she does not do this if desirable. This question Mr. G. could not undertake to answer. Gentlemen of similar political sentiment with the majority of that legislature can best answer it. He could only say that if in the legislature he should be in favor of it. Mr. Griswold concluded by saying he was not in favor of altering the constitution at all, with regard to the election of President, but if it were altered, he was in favor of uniting the amendment for electoral districts with that on the table. He should therefore vote for the postponement.
Mr. ELLIOT did not rise to reply to the arguments of gentlemen, but merely to express his surprise that those who wished no amendment whatever, should thus labour to defeat the wishes of the House. He had expected that one amendment to the constitution would have been sufficient for a session. Yet we had sent one to the Senate, where it is repacked, and in return they had sent us three. If these are not enough, where are we to stop? He hoped gentlemen would not add another until these should be acted on.
Mr. RODNEY only rose to say that he was in favor of dividing the United States into districts, but was decidedly against an amendment to that effect being incorporated with the one on the table, least by grasping at too much they might lose all.
Mr. G. GRISWOLD did not perceive how the agreeing to the amendment for electoral districts could embarrass the present amendment, as it was in the power of the different state legislatures to agree to a part, if they saw fit, and not the whole.
Mr. THOMAS observed, that in legislating he had always been adverse to incorporating different subjects in the same bill or resolution; because he thought each ought to stand on its own bottom—he said, the resolution first from the Senate proposes an important amendment to our constitution, and the one which his colleague (Mr. G. Griswold) and the gentleman from South Carolina (Mr. Huger) wishes considered, at the same time, proposes another important amendment. Although he was in favor of both, he considered it highly improper to blend them together, he thought each ought to stand or fall on its own merits. My colleague, said Mr. T. appears to have a high reverence for the people's opinion, in affecting to support this amendment at this moment—but why has he suffered this zeal to slumber for five or six weeks, since which this House passed a resolution similar to the one sent us from the Senate? Why did he not call this up before? Why has he suffered this thing to sleep all this time, and at this moment urge its being taken up with such warmth? I am unwilling, Mr. Speaker, to impute to gentlemen improper motives for their conduct, but I must confess this looks too much like an intention to embarrass and procrastinate the passage of the other amendment to admit of a doubt.
I am, said Mr. Thomas, decidedly against considering this proposition at
this time, let us take up the one sent down from the Senate, and when that has been agreed to, as I trust it will be, and sent out to the states for their consideration, I pledge myself to those gentlemen that I will unite with them in not only considering, but, will support the other proposition.
Dr. MITCHELL said he felt it incumbent on him to offer a few remarks on the proposition to amend the constitution from the legislature of New York. It might seem as if a large share of gratitude was due to the gentleman from South Carolina (Mr. Huger) for his care for that state, if his remarks were not coupled with a tacit refutation on those who represented it. He would concisely state the history of this proposition. During the 1st session of the 7th Congress two propositions of amendment to the Constitution were received from the legislature of New York, which the representatives of that state were requested to endeavour to have incorporated into the Constitution. At that time said Dr. M. I did myself make a motion to bring forward both these propositions, and they were both referred to a committee of the whole house. They remained in this state for a considerable time under the consideration of the House. Towards the close of the session one of them was adopted by this House, but was lost in the Senate. The other was not acted upon. I recollect that I informed the House, at that time, that it was not my wish to have the first proposition taken up. The reasons which then induced me to be against taking it up were those which will influence me against voting for taking it up at this time. I do consider that, however a state legislature may instruct their representatives in Congress, they have a right to refuse obedience to their instructions. I consider it a found doctrine, that in a government like ours the representative has a right to act according to the best dictates of his judgement. So judging for myself, I did believe that the first proposition was of such a nature as rendered it inexpedient to make it part of the Constitution. My further reflection since that time, and intercourse with my constituents make me believe that it is inexpedient to bring it forward at this time.
Independent of this consideration I shall be opposed to the taking up this proposition at this time on other grounds. There is certainly a much better chance of wisely deciding on amendments singly than by taking them together. Were I a friend of the proposition I would be for considering it separately.
Mr. DANA said he was in favor of the postponement, in order to make some disposition of the motion of his friend from South Carolina (Mr. Huger). He thought there would be an impropriety in making two distinct amendments on the same subject at the same session. He was not a friend to the proposition; but wished to postpone it to the next session, to put it out of the way.
The Yeas and Nays were then taken, at the instance of Mr. Huger, on his motion of postponement, and were Yeas 34—Nays 35.
The House then went into committee of the whole—Mr. VARNUM in the chair—on the Amendment from the Senate.
Mr. ELLIOTT moved to amend the resolution from the Senate by striking out the following words: "And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President."
When, said Mr. Elliot, the final question on the amendment to the Constitution passed, some time since, this House, which contemplated the simple principle of discrimination, I contented myself with a silent vote in favor of it—I should remain silent on this occasion, had I not, by intervening circumstances, been placed in a peculiar situation.—My colleague, a short time ago, laid on the table a resolution passed, by the legislature of the state which I have the honor to represent, with singular unanimity, by which the Senators of Vermont were instructed and the representatives requested to use their utmost exertions to obtain an amendment to the Constitution containing the simple principle of designation. This request was mingled with another, that we should not be tenacious of the form if we could obtain the substance. I felt happy on this occasion not to be under the necessity of discussing the principle how far a representative is bound by the instructions of his constituents, as I never possessed a sentiment hostile to the principle of discrimination. I do believe that my constituents, of both of the parties which divide America, are almost unanimous in their approbation of this principle. But I do not believe that the people or legislature of that state with to combine with it any other principles. However I may myself be in favor of the great principle of discrimination, I do not consider myself under any obligation to vote for it, if combined with other principles, which I think tend, in a tenfold degree, to intro-
duce a greater evil than that at present to be apprehended, to wit: to introduce a person to the Presidency not contemplated by the people or the electors. I sincerely believe the resolution from Senate, if adopted, will have this effect. I have likewise objections to the language in which the resolution is couched—In the Constitution, as it now stands, it is prescribed that the House of Representatives shall elect a President, in case there be no choice by the electors. It appears to me inconsistent, almost in the same breath, to say you may chuse or not chuse, as is virtually declared in the present resolution. You may reject all the candidates for the Presidency, and introduce a person intended for a different office. It appears to me improper to use this imperative language, and at the same time allow a wide discretion. Not that I believe the framers of the Constitution intended to coerce the physical or moral volition of the members of the House of Representatives; but I believe they intended by the strongest language, which could be used, to discountenance the idea of no election. To this we owe the last election by the House of Representatives. I will ask, what would have been the result, if, instead of this simple dignified language, this temporising language had been used? You may prolong your session to the 4th of March, and if there shall not be then a President elected, the President of the Senate shall be President of the United States for four years. I believe that the language of the Constitution ought to be imperative; but if it ought not, still it ought not to say, you may choose, in the same sentence that it says you may not choose a President.
With this view of the subject, I cannot satisfy my mind to vote for the amendment of the Senate. I believe it is the wish of the people to amend the Constitution simply so far as regards the designating principle. I believe that they do not desire many amendments to the Constitution—Three or four distinct amendments are embraced in the proposition of the Senate. I am in favor of one amendment only. I am not prepared to vote for any other. If this motion succeed it may be proper to strike out other parts of the proposition from the Senate. It will then stand as we sent it to the Senate, or an additional provision, if it shall be considered necessary, may be introduced, for an extraordinary election by the people; in case the House should not elect a President, which will be perfectly agreeable to me.
Mr. HUGER said it was unnecessary for him to repeat arguments already so fully urged, to prove the improper nature of the amendment from the Senate. But, though he should ultimately vote against it, yet he considered it his duty to render it as unexceptionable as possible. He should, therefore, vote against the motion made by the gentleman from Vermont. If any amendment of the constitution were necessary, this was, in his opinion, precisely the one. It had been well observed in another place that man was man, and that this nation must ultimately be prepared to meet and resist the vices attached to human nature. If we could always calculate upon having our councils filled with men of virtue the constitution itself would scarcely be necessary. But all constitutions and all laws were predicated on the vices of men. Mr. Huger said it had always struck him as a most important circumstance, and as one which might lead to the most fatal consequences, that the election of a President should absolutely depend on the votes of the House of Representatives; and that if those votes should prove equal, there would be no election. The time might come, and would come when the election of a President would be brought into that House, and when they would make no choice.
Mr. CHITTENDEN declared himself in favor of the amendment of his colleague. If the election of a President should be brought into the House of Representatives, it would be known who had been voted for as President and who as Vice-President. It would only then be required to frustrate the election of a President to make the Vice President, President. He believed there was no danger to the rights and liberties of the people, by suffering the constitution to remain as it was.
Mr. SKINNER said he believed the great states ought to have some rights as well as the small. He had always considered the constitution as formed upon principles that gave the small states as extensive rights as were reasonable, and that gave them power enough to make them secure in the enjoyment of those rights.
As to the designating principle, he was fond of it. He believed it was a sound principle that a majority should govern. But he could never agree, but from absolute necessity, to make a provision, that would offer a strong temptation to an individual to intrigue, and would enable one fourth of the representation of the people to frustrate an election. He did not think this provision necessary, as he did not believe the period would ever arrive, when a majority of that House would not obey a solemn constitutional injunction. He was therefore in favor of strik-
ing out that part of the amendment which eventually devolved the Presidency on the Vice President, in case of no election in the House of Representatives. He would rather take the amendment without this provision; and he did not know whether he would not reject the whole, rather than adopt this provision.
Mr. HOLLAND was in favour of the amendment from the Senate as better than the one sent from the House. He had always thought the constitution faulty from the want of this provision; and experience had shewn the necessity of it. If the case of a non-election in the House of Representatives were a possible case, this provision was calculated to remedy it. The only objection now urged is that the House of Representatives may act corruptly—Mr. Holland would not give into this idea as possible—Yet it was very possible that some circumstances might arise which would prevent the House of Representatives from making an election. Some great disaster might occur—For instance, this House might fall and crush the members to death.
Mr. SMILIE. The Senate have made two alterations in the proposition that went from this House. The only thing for us to consider is, whether they are of such a nature, as to render it better for us to adopt or reject the entire resolution. The Senate appear to have considered the difficulties and evils, lately experienced, and to have provided against their recurrence. To this provision gentlemen now except. This amendment, which it is proposed to strike out, is in favor of the small states. This notwithstanding, I, as a representative of a large state, shall not reject it. We have heard, on this occasion, a great deal about state interests. But I have never witnessed an instance, in which it has influenced the decision on any question of great importance. And if the time ever does arrive, when local interests shall direct the councils of our country, we need care little about the Constitution. Be this as it may, those who think this amendment renders the Constitution better than it now is will vote for it. We must consider the other branch of the legislature as participating with us; and in order to obtain a correspondence of opinion with them we must conciliate. As I consider this amendment as a grave for the whole business, I shall vote against it.
Mr. THATCHER expressed himself in favor of the motion of the gentleman from Vermont. As to the idea of the gentleman from Pennsylvania (Mr. Smilie) that we must take this resolution from the Senate, or nothing, I do not know whence he draws his inference. I should suppose we ought to make the amendment as perfect as possible. Are we to adopt what we think totally improper, because the Senate approve it? What, in my opinion, principally renders this resolution exceptionable is, that it carries the election of President from the popular to the federal branch of the legislature. The friends of each candidate will be induced to scatter their votes, and thus aided by the influence of the Senate, prevent an election in the House of Representatives. There will not, in such event, exist the same inducements to make an election, flowing from a dread of the evils of anarchy and of an interregnum. Another objection also, in my mind, is powerful. The effect of this proposition will be to send a number of candidates into the House, not the three or five highest on the list, but the three highest numbers, containing an indefinite number of persons. One consequence must follow, either that the election will come into the House, or that the large states will combine together in order to prevent it.
Mr. LOWNDES said he was in favor of the motion of the gentleman from Vermont, for the reasons which had been already urged. It appeared to him that, under the propositions received from the Senate, the Vice-President would intrigue with the members of the House of Representatives. Having the whole patronage of the government in his hands, in case of success, he may work upon them, as he believed, that though they were not corrupt now, they might be hereafter. If the object be to prevent the recurrence of a late event, that would be easily effected by providing that in case of an equal vote in the House of Representatives for President, let shall decide; and if the present motion prevailed he would move an amendment to such effect.
Mr. DANA said he would make a motion, the object of which was to abolish the office of Vice-President; he therefore moved to strike out the following words:
"And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President."
"The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest
numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.
"But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
This motion being more comprehensive than that of Mr. Elliot, superseded it.
Mr. Sandford observed that if the gentleman would have waited a short time his motion would have been decided upon in determining the principle of designation. If there were no Vice-President, no designation would be necessary.
He said he was against the amendment of the gentleman from Connecticut, and in favor of the resolution from the Senate.
Mr. Dana. Notwithstanding the admission of the gentleman from Kentucky, I shall assign my reasons in favor of the motion which I have submitted. The more I have reflected on the subject the more I am convinced that we ought not to agree to the amendment on the plain principle of discrimination. If the resolution is to pass in any form, it is my wish that it should pass with this modification. It has been referred to as a reason for altering the constitution, that it is a fact, that the will of the people will be in favor of one of the candidates for the Presidency, and that it will not become the House of Representatives to choose from the two equal in votes according to their discretion. The object of the amendment is to guard against this evil. Gentlemen will well recollect, the indignant eloquence that was so copiously lavished at the last Presidential election upon those who voted for one of the candidates. This competition cannot exist, if the office of Vice-President does not exist. But it is said that one public benefit will result from the continuance of the office of Vice-President after the adoption of the discriminating principle, that is that the Vice-President will be the eventual successor of the President. But on this view of the subject, the adoption of the discriminating principle produces a great change in the present provision of the constitution. The Vice-President is to exercise, in case of his succession to the Presidency, the duties of that office, until the expiration of four years, from the election of the President; not until a new election is held, but for the remaining term. This amendment makes the Vice-President a secondary character. The reasons, therefore, for continuing the office of Vice-President are not so great under this amendment, as under the constitution, as it at present stands; for it will be extremely easy to make provision for the temporary filling of the office of President, in case of a vacancy. In Pennsylvania, and in several other states, this provision is made by the designation of a particular existing officer. Gentlemen may be convinced there is no necessity for this office, if the discriminating principle prevails, by a recurrence to the journals of the grand convention. From them it will appear, that there was originally no idea of a Vice-President; but that it was explicitly agreed that the Senate should choose their own President. The necessity of a Vice-President did not suggest itself until the idea of a double ballot was introduced. In one point the members of the convention were agreed, to wit: that the supreme executive should consist of one person; but as to the manner of appointing him, the term of his office, and whether he should be eligible in future, there existed great diversity of opinion. The first plan was that he should be chosen by the national legislature, by the joint ballot of both houses: it was then proposed that he should be chosen by the people, but this was disagreed to, as well as a proposition that he should be chosen by electors appointed by the state legislatures; a proposition that he should be chosen by electors appointed by the people, was likewise disagreed to. All these different propositions were disagreed to, until the principle of double ballot prevailed.
Unless some great good result from the office of Vice President, no argument for its continuance can be deduced, from the necessity of having an eventual successor; that case can easily be provided for, when the Senate choose their own President, and as in many of the states the President of the Senate may eventually preside.
The principle of the constitution is this, in the Senate the representation of the states is equal, but by introducing into the chair of the Presidency of the Senate, a representative of a state, you give to that state the advantage of having the man, who presides over the deliberations of the Senate; and in addition to this, when the votes are equal, he holds the balance, and one state, having thus 3 votes, in particular cases, destroys the equality contemplated by the constitution. To this amendment there is another objection; the Vice-President under it being but a secondary character, that office will become a lure to ambitious men, who

By favoring the states, and by the exertion of undue influence, will enable particular parties to make a bargain as to the possession of the executive power, which so far from being a benefit will be a great evil. Perceiving no good that will result from the continuance of the office, but great evil, in case the discriminating principle prevail. I am in favor of abolishing the office, though I am at the same time in favor of the constitution remaining as it is.
MR. ELLIOT. As the motion I submitted is superadded by that of the gentleman from Connecticut, I will assign a few of the reasons for the vote which I shall give. I originally contemplated the same motion, but with different views and sentiments from those expressed by that gentleman. I have no desire to abolish the office of Vice-President; nor do I think the arguments urged by that gentleman possess any force. I have a different view. I believe the principle of discrimination is the only amendment of the constitution which the public sentiment calls for, and I wish to make no amendment in which we are not anticipated by the public sentiment. I shall therefore vote for the motion of the gentleman, but under different sentiments, and with a different object.
MR. R. GRISWOLD. The gentleman from Kentucky will on examination find the amendment of my colleague not inconsistent with the spirit of the resolution. The object of that resolution is that every elector shall give a vote for President. If the office of Vice-President shall be abolished, every elector will give one vote, and that vote will be for President. It may be said, it is true, that the discriminating principle will be done away; but it may be answered that it is no longer necessary. The enquiry is, therefore, fairly presented to the committee, whether we ought not to abolish the office of Vice-President, as no longer necessary. I am clearly of opinion if we adopt the discriminating principle it will be useless, worse than useless. If that principle is adopted, of what use can the Vice-President be? For what purpose do we want him? To receive 5000 dollars a year? This may be beneficial to him, but it cannot be useful to his country. The office may confer honor on him, but the honor of an individual can be of no public utility. Will he be wanted to preside in the Senate; that will not be necessary, for the Senate sit half their time without the Vice-President, and I have not understood that the business is not as well done without as with him. For what purpose then will you have this officer? As heir apparent to the crown? If this is your object, select him from the best and greatest of your citizens, and do not adopt the principle that the electors shall vote for one man for President, and for another as Vice-President.
What will be the effect of this principle? The office of Vice-President will be carried to market to purchase the votes of particular states. A large state having numerous electors, and claiming a right to designate the President, but not having votes enough itself for that purpose, will carry the office of Vice-President to another state, and will say, give us the President, and we will give you the Vice-President. If it be your desire to consider the Vice-President as heir apparent to the Presidency, elect him not in this manner, for he must be the mere child of corruption! With these views, I am justified in saying the continuance of the office will be worse than useless, inasmuch as it will only tend to introduce a system of corruption. It will also give a particular state great weight in the Senate by giving it three votes, and the precedence over that body. Why do this? Under the old confederation all the states were equal. Why unnecessarily impair that great principle? Why give to the state from which the Vice-President is selected, this power, together with influence of another kind. For these reasons I am of opinion that when gentlemen determine to discriminate they ought to go the full length of the principle. If they agree to amend the resolution, it may be so altered as to make every part of the resolution correspond. Gentlemen will observe that I am discussing their principle, and that though I think the constitution far better as it is, yet if the discriminating principle is to prevail, I think that the amendment proposed by my colleague, will render the resolution far less exceptionable.
The question was then taken on Mr. Dana's motion, which passed in the negative—Ayes 34.
MR. ELLIOT's motion recurring, MR. ELLIOT said he could not suffer the question to be taken without noticing one argument urged by the gentleman from Pennsylvania, who conveyed the idea that as the resolution had passed the Senate, we must either take it as it is, or lose it altogether. From what premises this conclusion was drawn he was not able to discover, as he had observed before, after laboring for weeks on the resolution which embraced the discriminating principle, and we had agreed to it; the Senate have not acted on that, but have sent us ano-
ther to which he was decidedly opposed. He could not but believe that a spirit of accommodation would actuate the Senate if we struck out this part of the resolution; but if he did not believe this he would not even then sacrifice his ideas to the opinions of the Senate; nor adopt the doctrine advanced by gentlemen of an imperious necessity. To this doctrine he would always oppose the dictates of duty and conscience. For he did believe, if they adopted the resolution from the Senate, they would render the constitution pregnant with greater evils than it was at present.
MR. GODDARD was happy to see the notice taken by the gentleman from Vermont of the remarks of the gentleman from Pennsylvania. If these remarks were just, we might as well be done with business at once. Are our minds to be trammeled with the decisions of the Senate? With great deference to that body, he would not suffer his mind to be bound down to their will. We have passed a resolution with a discriminating principle, they have sent us another resolution with other principles. Suppose they had said, if there were no election in the House of Representatives, the Senate should choose the President, would the gentleman from Pennsylvania vote for it. There was another effect of the resolution of the Senate; it would be giving to the large states both the power and the premium to combine in the election of the President. By the discriminating principle you vest the large states with the power of making the President, and through the medium of the Vice-President you give them the means of effecting that object.
The question was taken on Mr. Elliot's motion, which passed in the negative—Ayes 38—Noes 81.
(To be continued.)
WASHINGTON CITY
FRIDAY, December 23, 1803.
Extract of a letter from Cadiz, dated October 22d, 1803.
"You will have heard of the sickness that has lately taken place in Malaga, which is reported to be the Black Vommit. The last accounts mentioned that it was mending as the number of deaths diminished daily; but thanks to the Almighty it has not spread out of Malaga, and in this part of the country we enjoy the most perfect health, which you will please to make public that our trade may not suffer by ungrounded reports."
Extract of a letter from Raleigh, N. Carolina, dated Dec. 8.
"A bed of Gold Ore has been lately discovered in Cabarrus county, in this state, in a Creek running through the land of John Reed a native of Hesse Cassel, in Germany, which promises to be a source of great riches to the proprietor. The metal was first found by two or three children of Mr. Reed, who were fishing. They brought a few pieces home to their father as a curiosity, ignorant of its value. On examination, the Ore was found not only Gold, but Gold of a very pure quality. Since this discovery, those little boys have picked up daily from 100 to 120 penny weights. (worth upwards of 20s. sterling) but the proprietor has lately found a lump of the Ore twenty eight pounds weight, which is supposed, when fluxed will yield twenty seven pounds of pure gold, and is worth upwards of five thousand six hundred dollars!!"
"The facts are assured to us by one of the members of our General Assembly from Cabarrus, now in this city, who has in his possession two specimens of this precious metal, one as it is found, and the other as purified."
The resolution of Capt. Dickey, approving of the conduct of the present Federal Administration, was carried in the House of Representatives of South Carolina—Ayes 71—Noes 3—18 members declined voting.
Columbia S. Carolina, December 6.
Col. W. C. Pinckney, in the House of Representatives on Saturday last, gave notice that he would, on yesterday, ask for leave to bring in a bill for the purpose of repealing the several acts prohibiting the introduction of African negroes into this state.
Mr. David Deas, in the House of Representatives yesterday, asked for and obtained leave to bring in a bill to repeal that part of the negro act which declares negroes brought into this state free.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, December 21.
Mr. Dennis observed that he was one of those who had long been of the opinion that the existing duties paid on certain imported articles ought to be either taken off or reduced. He considered the situation of the country such as would now justify a reduction. He, therefore, moved a resolution, declaring it expedient to reduce the duty on brown
sugar to one cent per lb. and enjoining it on the committee of Ways and Means to bring in a bill for that purpose.
Ordered to lie on the table.
The House went into committee of the whole—Mr. TENNEY in the chair—on the bill for the relief of Paul Coulon.
The committee reported the bill without amendment, and the House ordered it to a third reading to-morrow.
The House went into a committee of the whole—Mr. VARNUM in the chair—on the bill to incorporate the directors of the Columbian Library Company.
Mr. J. Clay moved an amendment to limit the term of incorporation to fourteen years.
Motion lost—Ayes 25.
After making a few verbal amendments, the committee rose, and reported the bill, and the House ordered it to be engrossed for a third reading to-morrow.
The House took up the resolution of Mr. Claiborne, made yesterday, for the appointment of a committee to enquire whether any, and if any, what description of claims against the United States are barred by statutes of limitation, which in reason and justice ought to be provided for by law, with leave to report by bill or otherwise.
Resolution agreed to without a division, and referred to a committee of seven.
Mr. Stanford moved an instruction to the Post-Office committee to enquire into the most convenient route, designating the same, for the mail from Washington to New Orleans.
Agreed to without a division.
THURSDAY, December 22.
A message was received from the Senate, advising the House that they insisted on their amendments to the salary bill, and had appointed a committee of conference.
The House went into committee of the whole—Mr. Varnum in the chair—on the report of the committee of Claims, in the case of the Danish Brigantine Henriette.
After a debate which occupied the day, the committee rose, without coming to a decision, and the report of the committee of Claims was recommitted.
A List of American Vessels brought in and detained by British armed vessels for adjudication in the Court of Vice-Admiralty at Antigua.
Ship Jefferson, Samuel Vinnard of and bound to Portsmouth New-Hampshire from Demarara with a cargo of rum, sugar, and coffee, taken by the privateer sloop Lark, Jonathan Clark, on suspicion of having Dutch property on board, brought into St. Kitts Sept. 5th—cargo labelled.
Ship Enterprise, captain Harding, of & for New-York from Guadalupe, with a cargo of sugar and coffee, sent into Nevis.
Brig Eliza, Allen Pendleton of and from New-York from Demarara, with a cargo of rum, sugar, coffee, and Ivory, taken by the sloop Lark, J. Clark, on suspicion of having Dutch property on board, brought into St. Kitts the 5th Sept.—cargo labelled.
Brig Leah, Joseph Garre of and for Baltimore, with a cargo of flour, bound to a market, taken about the 25th of August, and carried into St. Kitts—The brig and cargo labelled on suspicion of their being French property.
Brig Lucretia, captain Buckley of Connecticut, from St. Vincents, (an English port) bound to New-York with a cargo of rum and molasses, detained by the sloop Lark Jonathan Clark for giving a long chase, and sent into Tortola—not labelled.
Schooner Julian, capt. Jenkins of Newbern (N. C.) from Guadalupe for Philadelphia with a cargo of sugar and coffee, taken by the Greyhound Schooner, capt. Crookshank and sent into St. Kitts on a suspicion of French property—cargo labelled.
The captains of these vessels now waiting in Antigua until their trials come on, which does not take place until Dec. 11, 1803.
The brig Eagle, capt. Brennan of and for Norfolk from Guadalupe, was also sent into St. Kitts, by the sloop Lark J. Clark, on a pretence of Guadalupe being in a state of blockade, and after the brig was boarded and suffered to pass by a British frigate—The judge immediately directed him to be liberated.
To His Excellency Lord Livingston, &c.
WE the undersigned citizens of the United States, beg leave to represent to your Lordship, the grievances with which our commerce is afflicted in these seas by a private sloop called the Lark, owned and commanded by Jonathan Clark, a native citizen of the United States, cruising off the Harbour called Sandy-Point in this island; we would respectfully inform your Lordship, that the numerous depredations and outrages committed by the said Clark on our trade, contrary to the custom of nations and the laws of neutrality, call aloud
for redress; and which we have no doubt your Lordship will prevent, as soon as you are made acquainted with the circumstances which have induced us to address you;—circumstances which we are assured the justice of your sentiment and rectitude of judgment must condemn as pernicious to the existing Amity and Friendship between Great Britain and the United States.
The circumstances which prompt us to this proceeding we beg leave respectfully to lay before your Lordship, hoping your power will be immediately put in force to stop the illegal proceedings of the said Clark, who has dared to abuse the confidence your Lordship has reposed in him, in granting him liberty to arm his vessel as a privateer to cruise against the enemies of Great Britain, without his giving security for the rectitude of his conduct or to indemnify the neutrals he may detain and pillage.
We would respectfully inform your Lordship that the said Clark does not cruise against the enemies of the country, but employs his whole power and resources in distressing the vessels and property of citizens of the United States, against whom, he has declared repeatedly perpetual enmity; and now avowedly declares his intention to distress every American vessel he may in future fall in with, whatever trade they may be employed in; which he strictly observes, taking his station off Sandy-Point, by which all vessels bound to America, from the windward islands and coasts must pass; where every American vessel experiences some mark of his outrage. Some he permits to pass after an unusual detention, others he brings to Sandy-Point, and after detaining them some days he suffers them to pass. Among the last class is one vessel from Dominica, on whom could rest no cause of suspicion.
The brig Lucretia, belonging to Connecticut, from St. Vincents for New-York, with a cargo of rum and molasses, has been plundered of all her papers, three of the crew taken out and put on shore here, destitute of the necessaries of life. The only reason that Clark alleges for his conduct in respect to this vessel was, that she gave him a long chase.
And he has now three sail of American vessels, who have been detained here a considerable time at Sandy-Point in eminent danger, some at a single anchor, having lost their other anchors in that place, neither labelled nor permitted to pass.
We would further inform your Lordship that the said Clark is an insolvent debtor, not possessing any property wherewith he may account for the depredations he may or has committed on neutral property, nor has any security whereby the injured may find redress.
This is therefore humbly to pray your Lordship that the said Clark be disqualified for making reprisals and distressing neutral property, or be obliged to give security for his future good conduct, whereby the injured may find redress.
Relying on the protection of your Lordship, we rest assured that your Lordship will enquire into and redress the grievance of our unfortunate countrymen, which not only affects a few individuals, but may involve a whole community in its consequences.
With sentiments of esteem and veneration for your Lordship's character, we are with much respect your Lordship's most obedient humble servants.
(Signed) James Campbell, master of the brig Superior. Ben. F. Garragues, Supercargo of Ditto. Samuel Vennard, master of the ship Jefferson. Allen Pendleton, master of the brig Eliza. Joseph Garre, master of the brig Leah. Benjamin Servan, Supercargo of Ditto. Bassetterre, St. Kitts, Sept. 22d, 1803.
FOR SALE.
PURSUANT to the Will of the late Patrick Henry, a Tract of Land, lying on both sides of Falling River, in Charlotte county, Virginia, and containing about 1800 acres. This Land is in general poor, but contains a bank of Iron Ore, supposed to be the best, of any known in that part of the country. It lies on an excellent stream, a branch of Roanoke river, within four miles of its mouth, from whence is an easy and safe navigation. There are water-falls, stone and timber on the Land for all the purposes of an Iron Work; in the midst of a fine corn country; and about 400 acres of the Land is valuable for its soil. For further particulars enquire of Mr. RANDOLPH, of the House of Representatives. The terms will be made easy to the purchaser by EDMUND WINSTON, Ex'r. of Patrick Henry Buckingham county, Ver. Dec. 25.—tf
NOTICE.
ALL persons are hereby forewarned from purchasing a two story Brick House belonging to the Subscriber, situated in North Street, which was seized on the 20th inst. as the property of Frederic Bets of this city. GEORGE W. BETZ. Dec. 23—3t
JOHN COXE Has just received a quantity of American manufactured Bed Ficken warranted to hold the down of the feathers, which will be sold by the piece at the manufacturers prices, and by retail at a very small advance—Also sewing, darning and tamboring cotton, with a quantity of chinzees and calico, which he will sell lower than the regular importer can afford to sell at. Elegant thread lace, fox, bear, and martin skin muffs and tips, handsome paper hangings, with almost every other article in the dry good line, both fanciful and substantial, which he will sell at his usual low prices for cash, or in exchange for tobacco and flaxseed. For flax seed he will allow 15s. 3d. per bushel. Also a few handsome double barrel fowling pieces. George Town, Dec. 23—4m
New and Valuable Books.
Just received from London, via Philadelphia, and for sale by RAPINE, CONRAD, and Co. NEW JERSEY AVENUE. near the Capitol; an elegant assortment of New & valuable Books, amongst which are, CARR's Stranger in France, plates elegant, Elements of seamanship, 2 vols. Black's lectures on the elements of chemistry 2 vols. Stephen's history of the wars which arose out of the French revolution, 2 vols. Stock's book of the prophet Isaiah, in Hebrew and English, Payfair's commercial and political atlas, Israel's narrative poems, Mayer's lunar tables, improved by Mason, Nautical Almanacs for 1804—5, Buffon's general history of the mathematics, Political and confidential correspondence of Louis XVth, edited by Helen Maria Williams, 3 v's. Lathoni's Castle of the Thilleries, 2 vols. Annals of public economy, 2 vols. Cavallo on magnetism, Hampton's general history of Polybius, 4 vols. elegant. Brown's civil law, & of the admiralty, 2 vols. Chitty on bills of exchange, Literary leisure, 2 vols. Davis' surveying, Philidor on chess, 2 vols. Hoole's Orlando Furioso, 5 vols. elegant, Urquhart on classical learning, Jackson's remarks on the medical department of the British army, Card's history of the revolutions in Russia, Patti's Quintilian, 2 vols. Burdit's medical studies, 3 vols. The art of rigging ships, with plates, Butler's Hudibras, 2 vols. plates elegant, Ordinaire's history of volcanoes, Linn's 2d letter to Dr. Priestly, Segur's Frederic William, II. 3 vols. Moncefort's commercial and Notarial precedents. Public characters, or contemporary biography, The chances, or nothing of the new school, 3 vols. Sappho, 2 romance, Monsieur Botte, 3 vols. Mrs. Hunter's moral narratives, 3 vols. Mo's Cliff Abby, 4 vols. Letters to Miss Rivendale, 3 vols. Leopold, 2 vols. Reginald de Forby, 2 vols. Amadis of Gaul, 4 vols. German forerers, 3 vols. Paley's natural theology, Hear both sides a comedy by Holcroft, American Repository and Annual Register for the year 1804, handsomely done up in Morocco. The subscribers to the "Literary Magazine, and Annual Register" are respectfully informed that the second number will be received in a few days. Dec. 23—
A GREAT BARGAIN.
THIRTY THOUSAND DOLLARS will be taken and payment made easy, to the purchaser, for the following valuable property free from any encumbrance whatever.
A SET of law mills working two saws—a grist mill with two run of stones and bolting machine, also a cotton and rice machine complete all worked by water, also one saw mill about 400 yards from the farmer and on the same dam, now about finishing that will work from two to fourteen saws under the same roof—this mill is insured for three years after her being completed—they now being in good repair and the whole in a progressive way of improvement, with about ten thousand acres of land all adjoining and immediately contiguous to the mills, on which are several valuable farms. The timber for mill site is inexhaustible and unexceptionably good—they are situated on the waters of Drowning Creek ninety seven miles from George Town South Carolina, to which place the lumber is carried being raised at the mill without the trouble of hauling, a valuable convenience. The stream is equal if not superior to any in the states of North or South Carolina—the grist mills command a custom at times of 30 or 40 miles around them. The situation at the mills is high, pleasant and very healthy, on which is a good two story house with piazza, a good kitchen, stable, carriage and harness houses and other necessary buildings with a new floor house completely finished, it being an excellent stand for a country store. Application to be made to the Subscriber at Millville near Lumberton in North Carolina, or for any information respecting the premises, to Samuel D. Purviance at the city of Washington. WM. NORMENT. Millville N. C. Dec. 12. N. B. Any part of the above property will be sold as my best suit a purchaser. Dec. 23—tf
The Lodges No. 15 and 35, will leave their Lodge Room at 11 o'clock A. M. on St. John the Evangelists Day, and proceed to the EPISCOPAL CHURCH in this City, where a Masonic Dole will be delivered by the Rev. Brother A. T. McCormick.—The attendance of all regular Masons is requested.

LECTURES.
THE public are respectfully informed that the delivery of the Lectures by the Subscriber, is postponed until after the holidays, and that notice will be given the subscribers and the public of their commencement.
ROBERT W. PEACOCK.
Washington, Dec. 17, 1803.
NEW STORE,
WHOLESALE & RETAIL.
THE subscriber respectfully informs the public that he has opened a store in Bridge Street, near High-Street, at the left, running from the city, where he will sell very cheap the following fresh imported goods:
Superfine and second London mens' and childrens' hats, first and second broad cloth, calimerees, coating and naps of a variety of the newest fashionable colors, flannels, Irish linen of the very finest and middle sort, Oldenburg, cambric, cambric mufin, laces, cotton, calicoes, fancy waistcoatings, English and French silk stockings and gloves, worked hosiery, handkerchiefs, silk and other threads, fringes, gold and silver watches, razors, penknives, &c. &c.
The subscriber has a large quantity of broad cloth, calimerees, coatings, &c. on hand which he wishes to sell off, and offers them therefore by wholesale at the very low price of 115 advance.
J. H. W. PAIRO.
George Town 19th Dec.—31atwif
In the case of JAMES M'DONALD. A BANKRUPT.
This is to give notice that the commissioners named and authorised in a commission of bankruptcy awarded and issued against James M'Donald of Washington county in the district of Columbia dealer and chapman—Intend to meet on the third day of January next, at four o'clock in the afternoon of that day, at the house of William Rhodes inn keeper in the city of Washington, where the creditors who have not already proved their debts may then and there come and prove the same, and assent or dissent from the allowance of the certificate to said bankrupt.
By order of the commissioners, LEWIS FORD, Sec.
Dec. 19—3t
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIA.
HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cassimeres, Silk Florantine, Black and fancy silk moleskin velvet, white & figured Marcellus, Swandowns, Toilettines, Velveteens, Fancy cords, Coutil, &c.
With a variety of other articles suitable for the winter season.
N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion.
New-Jersey Avenue, the second House from the Capitol Square.
November 2, 1803
NOTICE.
ALL who are indebted to the estate of John Crookshank deceased are requested to make immediate payment to, CHARLES GLOVER, Admr. George Town, Nov. 25—tf
FOR SALE.
THE Plantation on which I live, containing about 600 acres of valuable and. The improvements are, an exceeding good dwelling house two stories high, 48 feet long, by 36 feet wide, with a passage through the middle, three rooms below, and four above stairs, with fire places in all but one, and a dry sweet cellar, the size of the house, in which is a capital vault with two rooms, and above is a fine airy pantry. A kitchen 36 by 18, two stories high, with a kitchen and laundry below, and lodging rooms for servants above. A washing house, meat house and dairy and in short every necessary improvement for the accommodation of a family, and a very fine collection of grafted and budded peach trees of the most approved kinds, chiefly from Princes nursery on Long Island, which are just beginning to bear. This property is situated in a healthy genteel neighborhood, about four miles from the city of Washington, five from Alexandria. Nearly one half is in wood and timbered, and the residue arable and meadow land; of the latter, there are about 50 or 60 acres under the scythe and more may be easily laid down. Perhaps no tract of the same size, abounds more in fine springs, there being a never failing stream in every field, besides an abundant one which runs through the meadow and from which the greatest part of it may be watered. For terms apply to the subscriber on the premises.
OVERTON CARP.
September 19. 2ptf
ELISHA RIGGS,
Has just received from Philadelphia, an additional supply of FALL GOODS,
Which makes his assortment extensive. Among them are many fancy articles, and Superfine cloths, calimerees, velvets, and fancy vest patterns.
With linens, cotton counterpanes, ticken, and checking. English hats, kid shoes, silk hosiery, and gloves. Shirting flannels, rose blankets, and coarse cloths.
Furniture dimities, ditto calicoes, and stuffs, Silks, cambrics, mullins, chintzes and ca-coes.
Laces, veils, crapes and India mullins, 20 boxes China in sets.
Also—other articles, which will be sold on terms to please the purchaser.
Geor-Town, Nov. 20.—tw6w
COLUMBIAN INN.
GEORGE-TOWN.
THE Subscriber begs leave to solicit the patronage of his former friends and customers, and informs them he still continues at the Columbian Inn—where he will be happy to have it in his power to accommodate them as usual.
JOHN H. BARNEY.
September 27. 2ptf
JUST RECEIVED.
By the UNITED STATES, Capt. Finley from Liverpool, Fall Goods, viz.
Brafs Plate and wire fenders and irons, shovel and tongs, pokers, bellows, coal hods, bell-metal kettles, brafs footmen, knives and forks, plated bridle bits and stirrups, with a variety of saddlery, brafs ware, kitchen furniture, tools and building materials, &c.
HENRY INGLE.
Washington, Oct. 28.—epam.
FOR SALE,
A LIKELY and valuable young Negro man, about twenty three years of age—a tolerable good house carpenter.
The terms may be known by applying to the Printer, or by note addressed to B. W. and left at the Bar of the Union Tavern, George-Town.
Any person wishing to purchase must apply within two weeks from this date.
December 12, 1803—6t
District of Pennsylvania, to wit:
BE it remembered, That on the ninth day of May, in the twenty-seventh year of the independence of the United States of America, William Young Birch, and Abraham Small, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit:
"BLACKSTONE'S COMMENTARIES,"
"with notes of reference, to the constitution and laws of the Federal Government of the United States, and of the commonwealth of Virginia, in Five Volumes, with an Appendix to each volume, containing short tracts upon such subjects as appeared necessary to form a connected view of the laws of Virginia, as a member of the Federal union, by St. GEORGE TUCKER, Professor of Law, in the university of William and Mary, and one of the judges of the General Court in Virginia."
In conformity to the act of Congress of the United States, intitled, "An act for the encouragement of learning, by securing the copies of Maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned;" and also to an act entitled, "An act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of Maps, Charts and Books, to the authors and proprietors of such copies during the times therein mentioned. And extending the benefits thereof to the arts of designing, engraving, and etching historical, and other prints."
(L. S.) D. CALDWELL, Clerk. of the District of Pennsylvania.
The above work may be had at John March's book store, George-Town, and of the booksellers in the city of Washington. November 23—1m
HENRY POLKINHORN, Saddler, Harness, Army Accoutrements, & Trunk-maker.
HAVING taken his two nephews Wm. & Richard M. Hall, into partnership, The business in future will be conducted in this place under the firm of H. Polkinhorn and Wm. Hall, who have opened at the store lately occupied by Mr. Conner, (two doors from the bank of Columbia) a handsome assortment of articles in their line; and hope from attention to business to merit the favors of their friends and the public.
The business will be continued as usual in Baltimore, (under the firm of H. Polkinhorn and R. Hall) where they have for sale a general assortment of Saddlery, wholesale and retail, which they are determined to sell on the lowest terms.
George Town, Nov. 23—1m
Ten Dollars Reward.
STOLEN from the plantation near Upper Marlboro, on Saturday night the 29th October—an iron grey HORSE, about fourteen hands one inch high, seven years old, stout made, trots and gallops only on the road, is rather dull and goes heavy, having been broke to the plough—he has lately been triamed about the head and ears. Any person giving me information so that I get him again shall receive the above reward and if brought home all reasonable charges paid by,
BENJAMIN ODEN,
November 21—tf
In the case of ZEBULON WARNER a bankrupt.
Whereas a commission of BANKRUPTCY founded on the act of Congress passed on the 4th day of April in the year eighteen hundred, intitled "An act to establish an uniform system of bankruptcy throughout the United States" has been awarded against Zebulon Warner of the district of Columbia, dealer and chapman and he being declared bankrupt is hereby required to surrender himself to the commissioners in the said commission named, or the major part of them on the 19th day of December instant, and 16th days of January next, at 4 o'clock in the afternoon of each day at the house of William Rhodes innkeeper in the city of Washington and to make a full disclosure of his whole estate and effects, when and where his creditors are to come prepared to prove their debts, at the second sitting to choose assignees and at the last sitting to assent to or dissent from the allowance of his certificate, all persons indebted to the said bankrupt or who have any of his estate or effects in their hands are not to pay or deliver the same to any person not appointed by the commissioners but give notice to LEWIS FORD, Sec. to the commissioners.
December 5, 1803—116f
THOMAS CARPENTER, TAYLOR.
HAS just received an handsome supply of fall goods, which he is determined to sell and make upon the most reasonable terms, and in the best and most fashionable manner, and greatest expedition.
Pennsylvania Avenue, near the President's Square and Capitol Hill, seventh house from the Capitol.
Oct. 14.
In the case of Joseph Dowson an insolvent Debtor.
ON the petition of Joseph Dowson, an insolvent debtor confined in the Prison of Washington county, for debt.—Notice is hereby given, that on Saturday the 24th instant, at the court room in the Capitol, at 10 o'clock, A. M. the oath of an insolvent debtor will be administered to the said Joseph Dowson agreeable to law and a trustee appointed, unless sufficient cause be shown to the contrary.
It is ordered that this notice be published in the Washington Federalist and National Intelligencer, four times in each, previous to said 24th instant.
By order of William Cranch, Esq. Assistant Judge of the Circuit Court of the District of Columbia.
URIAH FORREST, Clk.
December 9.—4tw
BY AUTHORITY,
SCHEME OF A LOTTERY, To build a Catholic Cathedral Church in the City of Baltimore.
   Dollars.     1 prize of 20,000 20,000   1 ditto 10,000 10,000   2 do 5,000 10,000   5 do 1,000 5,000   10 do 500 5,000   15 do 200 3,000   200 do 100 20,000   200 do 50 10,000   200 do 25 5,000   250 do 20 5,000   4000 do 15 60,000   1 first drawn ticket after 2000, having a blank to its number, 500 500   1 do after 4000 do 500 500   1 do after 6000 do 500 500   1 do after 8000 do 500 500   1 do after 10,000 do 500 500   1 do after 12,000 do 500 500   1 do after 15,000 do 500 500   1 do after 18,000 do 500 500   1 do after 20,000 do 2,000 2,000   1 last drawn ticket, which may have a blank to its number, 4,000 4,000   7154 Prizes, $10,000   3,856 blanks—Not two to a prize.   21,000 Tickets, at 10 dollars each, 210,000  
The laudable purpose of this lottery—the many very valuable prizes offered, and there not being two blanks to a prize, are considerations which give the managers reason to hope for a rapid sale of the tickets. The drawing will commence as soon as a sufficient number of tickets shall be sold to authorise it; and thirty days after the completion of the drawing, the prizes will be paid to the fortunate adventurers; subject to a deduction of fifteen per cent. Such prizes as shall not be demanded within twelve months after the drawing is finished, shall be considered as relinquished for the benefit of the church.
For the satisfaction of those at a distance, it may be necessary to mention, that the managers have given bond to the mayor and city council in the sum of 120,000 dollars, for the due payment of the prizes which may be drawn.
Tickets to be had of the managers, or of such persons as may be appointed by them. Managers.
Right Rev. Bishop Carroll, Rev. Francis Beaton, Messrs. David Williamson, Robert Walf, Charles Ghequiere, Patrick Bennet, Arnold Liveret, Luke Tiernan, Frances I. Mitchell. copif
July 13, 1803. The managers have lodged a number of tickets in the above lottery in the hands of Wm. Brent and James D. Barry for sale.
FOR SALE One hundred and fifty acres of land, One hundred acres of which is in wood—it is situated within 8 miles of the Eastern Branch ferry. For terms apply to MICHAEL LOWE Prince George county, July 22. ratf
In the case of JACOB GROSS an Insolvent Debtor.
ON the petition of Jacob Gross an insolvent debtor confined in the prison of Washington county for debt. Notice is hereby given that on Saturday the 24th day of December instant at the court room in the Capitol at 10 o'clock, A. M. the oath of an insolvent debtor will be administered to the said Jacob Gross, agreeable to law, and a trustee appointed unless sufficient cause be shown to the contrary. It is ordered that this notice be published once a week in the Washington Federalist and National Intelligencer until the said 24th December.
By order of William Cranch, Esq. Assistant Judge of the Circuit Court of the District of Columbia.
URIAH FORREST, Clk.
December 9.—1aw.
Five Dollars Reward.
STRAYED from the commons of Washington, about the 10th of November last, a small BAY HORSE, about 14 hands high, 8 or 9 years old, a white blaze face, one of his hind feet white, had on when he went a way a lock and chain on one of his fore feet. Any person bringing said horse to the subscriber shall receive the above reward and all reasonable expenses.
HUGH DENSLEY.
City of Washington, Dec. 21.—3t
Conveyancer's Office.
THOMAS HERTY,
Grateful for past favors, informs his friends and the public, that he continues to prepare CONVEYANCES OF LAND and every other species of DEED or INSTRUMENT in the line of his profession, with legal precision, and on moderate terms, title investigated, &c.
A choice selection of lots on the Pennsylvania avenue and in other desirable situations in the City to lease or sell.
N. B. Herty's Abridgement of the laws of Maryland in 1 vol. and Herty's Digest of the laws of the United States in 2 vol. for sale at the above office.
City of Washington, April 1st. 1awtf
MICHAEL ROBERTS
HAS FOR SALE, AT HIS STORE, GEORGE-TOWN, A GENERAL Assortment of Stationary, And other articles in his line, viz.
ATLAS, imperial, superroyal, royal, medium, demy, and folio post papers. Plain and vellum fool's cap ditto. Hot pressed, gilt, woven & plain quarto post do Superroyal and royal cartridge do. Medium, demy & fool's cap, French marble do. Plain and ruled blank books, Best quills and ready made pens, Pen knives, crafting knives and paper scissors, Black and red ink and ink powder, Black and red sealing wax and wafers, Large red and white do. for office use, Silk tape and red and white tape, Parchment, scuttle fish bone and pounce, Ivory pounce boxes and paper folders, India rubbers and gum arabic, Black lead pencils, (warranted) Ditto with silver cases, Round and flat rulers, Marking types and Reeve's colours in boxes, Backgammon tables and cribbage boxes, Billiard balls and dice, English and American playing cards, Portable writing desks, Gentlemen and ladies pocket books, Sheet and house almanacs for 1803, Sheep & calf skins dressed for bookbinding use, Printing ink and printing paper, Wadsworth, glass and pewter inkstands, Sand and wafer boxes, Wax candles and tapers, Ivory handle table desert knives, Plated tea and coffee urns, large and elegant with silver head and brims, Ditto tea and coffee pots, silver brims, Ditto after double flint cut glass, Ditto bread baskets and toast stands, Ditto salt and mustard pots, Ditto goblets and tumblers, Ditto decanter stands and fish knives, Ditto plain, high and patent round and oval candlesticks, Ditto small ditto, Do. chamber do. with snuffers & extinguishers Ditto snuffers and snuffer trays, Fashionable brafs andirons, Green wire fenders and fire forcers with brafs tops, Shovels and tongs, Coal hods and cinder fitters, Hand bellows with brafs and iron pipes, Plated Mouldings for Carriages.
Gigg springs, Spurs and stirrup irons, Chaise, duke & small bridle bits, Horse bridoons and curbs Carriage, chair and switch whips, Walking sticks and sword canes, Horseman's and Pocket pistols, Officers travelling canteens, with cooking utensils, &c. complete, Swords and dirks, Gold and silver epaulets, Sword knots and crimson silk sashes, Gold and silver lace and cords, Guns and fowling pieces, Shot pouches and powder flasks, Game and hawking bags, Cutting nets mounted and unmounted, Traveling trunks and travelling pouches, Buckskin gloves and breeches, Morocco skins of various colours, Boat and girth webbing, English bend and cork soles, Gentlemen & ladies japanned dressing boxes English and American hair powder, Powder bags and powder puffs, Curing tongs and crimping irons and powder knives, Hard and soft pomatum, Best warranted razors, Shaving brushes and boxes, Benzoin, almond, palm, palma-cen, cowslip, and windior soap, Wash balls and wash ball boxes, Essence of musk, and ambergrace, Bergamot and lavender, Rupinia Tincture for the teeth, Tooth brushes and tooth powder, Ivory and boxwood fine combs, Tortoise shell and horn braid combs, Do. do. dressing do. Genuine black and ash colored plaister, Patent shoe blacking and shoe brushes, Clothes, hair and hat brushes, Sweeping, scrubbing, and duster do. Tortoise shell and japanned segar boxes, Mother of pearl, tortoise shell and japanned snuff boxes, An assortment of up-holsterers ware, consisting of fringe line, tassels, &c. An assortment of hardware consisting of saws, plains, chisels, gouges, augurs, files, rasps, locks, hinges, bolts, spades, shovels, tacks, sprigs, &c.
ALSO FOR SALE, BY EDGAR PATTERSON, at the above store,
FRESH FRUITS,
just received per the Brig Celia, capt. Brown, from Malaga. George-town, Dec. 21.
MECHANICS HALL.
THE subscriber respectfully informs his friends and the public, that he has opened a House of Entertainment, on the causeway in George-Town, at the sign of the Golden Square and Compass, for the accommodation of travellers and others, entitled the Mechanics Hall.
All those who do not think themselves above a mechanic, will find it their interest to call on him, as he pledges himself to the public to be moderate in his charges, and to keep a supply of the best of every article in his line of business. Having several genteel rooms with fire places in each, parties on business can have private rooms. Oyster suppers while in season will be prepared on the shortest notice. Beer and porter. Also, newspapers of different politics, regularly filed in the bar room.
He also keeps a small assortment of Groceries, of the best quality, which he sells low. Any favor in either line will be gratefully acknowledged, by the public's humble servant,
ANDREW M'DONALD.
A few genteel persons may be accommodated on moderate terms with boarding by the week, month or year.
A woman, well acquainted with cooking, and of good character, is wanted, to whom liberal wages will be given.
August 2. 1awtf
FOR SALE.
By LEWIS CLEPHAN East of the Branch bank on F. street City of Washington.
PAINTERS COLORS OF ALL SORTS. White Lead in kegs Red Lead, and dry. Spruce Ochre, Stone Ochre of superior Patent Yellow, quality, Gold Litage, Turkey Umber, Prussian Blue, 12 a Vermilion, and quality, Best Carmin drop Jack, Kings Yellow, Painters Brushes of all Linseed oil and spirits forts, of turpentine, Window glass 10 by 12—8 by 10, and 9 by Gold and silver leaf by the pack or book, Large sheet glass cut to any size.
Gentlemen sending their Sashes will have them neatly glazed and on moderate terms. All orders from the country will be carefully attended to.
August 3. 1awtf
In the case of LUKE SHANNON an Insolvent Debtor
IT is ordered that six months from and after the first day of November next, be limited and appointed for the Creditors to bring in and exhibit their claims to GEORGE ANDREWS of the City of Washington, Trustee, appointed for the benefit of the Creditors of the said Luke Shannon;—and that a copy of this order be published once in each week until the tenth day of January next, in the National Intelligencer. By order of William Cranch, Esquire.
URIAH FORREST, Clerk.
November 4.—1aw10f.
Ten Dollars Reward.
STOLEN off the Race-ground on Wednesday evening last, a likely Sorrell MARE, saddle and bridle; the saddle is about half worn with plated stirrups, and a new bridle; the mare is eight years old, about fourteen hands high. Paces trots and gallops; shod before; the outsoles of both hind feet a little worn; by dragging them when rode; has a small scar in her forehead, there is a scar on the off shoulder that resembles the letter T. Whoever delivers the above described mare, saddle and bridle, to Mr. JOHN W. PRATT near the six buildings in the city of Washington will receive the above reward and no questions asked.
November 14—wtf
PROPOSALS
for publishing a periodical work entitled The Literary Magazine, AND AMERICAN REGISTER.
THIS work, if public patronage encourages its prosecution, shall be published monthly.
The number shall be, occasionally ornamented with an engraving, executed by the best artist that can be obtained, and delivered to subscribers at the price of FIFTY CENTS. Each number shall contain, at least, eighty pages in large octavo, and shall comprehend seven departments.
The first department shall include original, moral, literary or scientific performances, and biographical or