The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-03-09 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1155.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, MARCH 9, 1808.
PAID IN ADVANCE.
SPEECH of governor TOMPKINS to the Legislature of New York, delivered January 26.
Gentlemen of the Senate and Assembly.
You are convened to deliberate and decide upon the important concerns of this state at a very interesting crisis of our public affairs. The pacific disposition invariably manifested and pursued by the wise and faithful administrators of the general government, has hitherto succeeded in shielding us from a participation in those calamities and miseries with which Europe is scourged. It inspired a sanguine hope that measures, dictated by a spirit so conciliatory, would be attended with continued exemption from foreign insult, depredation or war. But the late unprovoked and unprecedented attack upon the frigate Chesapeake by a British vessel, the unwarrantable pretensions of G. Britain to arrest and bear away seamen from our ships on the ocean, to intercept and destroy our lawful commerce with nations with whom she is at war, and the glaring infringements of the established principles of the law of nations, avowed and practised both by France and G. Britain, have seriously impaired the rights, wounded the honor and assailed the independence of our country.
These events have diminished the hope of maintaining peace, notwithstanding the uniform observance of justice & good faith towards other nations, and have produced the necessity of resorting to energetic measures. The proceedings, adopted on the emergency by our national legislature, will be found, upon an unprejudiced consideration, not only impartial towards the contending nations of Europe, but also well calculated to protect our mariners and preserve the merchandise of our citizens, should an appeal to the sword become inevitable. In such an event, property of immense value will be secured in our country, which, but for the embargo, might have enriched the coffers of the very enemy with whom we may have to contend. The causes of misunderstanding and obstacles to amicable adjustment, arising from captures under blockading decrees, and from impressment of seamen, will also thereby cease to be multiplied. The well known facts, that the commercial enterprise of France and her allies has, from a variety of causes, become almost extinct, and that she materially depends for her necessary supplies of provisions and other articles of foreign merchandise, and for the transportation of her colonial produce, upon the unrestrained commerce of American merchants, independently of the acknowledged integrity and patriotism of our public agents, repel the absurd idea, that the recent measure originated from partiality to that country, or from any subserviency to her views.
Every liberal and candid mind will ascribe the imposing an embargo, to a sincere desire to avoid an interference in European broils, to protect our seamen and to secure the property of our citizens, in the event of an unpropitious termination of our negotiations with any of the belligerents. What patriotic citizen will murmur at the temporary privations and inconveniences resulting from this measure, when he reflects upon the vast expenditure of national treasure, the sacrifice of the lives of our countrymen, the total and permanent suspension of commerce, the corruption of morals and the distress and misery consequent upon our being involved in the war between the nations of Europe. The evils which threaten us call for a magnanimous confidence in the efforts of our national councils to avert them; and for a firm and unanimous determination to devote every thing that is dear to us, to maintain our rights and national honor.
Being thus circumstanced, it becomes our duty to be assiduous in providing for the welfare and security of the persons and property of the citizens of this state. The appeal to the general government for an efficient and permanent fortification of the city of New York, has not failed to excite their serious attention to that subject. The plan which has been undertaken, the degree to which it has progressed, the operations contemplated to be pursued, and the measures to which your sanction is desired, will be communicated to you without delay.
Although our anxiety is alive to the protection and safety of the city of New York, and although our exertions to obtain complete security for that important capital should continue ardent and unceasing, we ought not, at the same time, to be unmindful of the exposed situation of our brethren upon the northern and western frontiers of our state. That enterprising portion of the community, which has penetrated the wilderness & extended civilization and improvement to the very borders of our expanded territory, looks to you for assistance and protection at this momentous period. The hardships and difficulties to which they have been subjected, their dispersed situation, their remoteness from the deposits of military stores, and the markets at which they may be purchased, the scarcity of mo-
ney incident to new settlements, their sudden attacks and merciless cruelties of unrelenting savages, and the unanimity with which they have tendered their services, combine in giving force to their entreaties to be furnished with the means of self defence.
It affords me sincere satisfaction to inform you, gentlemen, that the detachment and organization of our quota of one hundred thousand men has been accomplished, and a return thereof for the war department nearly completed. The patriotism displayed on this occasion, by every description of our fellow citizens, merits the greatest applause. All the artillery of the detachment, and most of the cavalry and infantry are volunteers; and thousands beyond the complement required, have tendered their services with promptitude and zeal. This generous conduct affords a pleasing evidence of the alacrity of our militia in advancing to the defence of our country, and of the valor which they will display in supporting its honor and freedom.
The obstacles encountered by militia officers in detaching and organizing this quota, suggests the propriety of some alterations in the act, organizing the militia of this state. By the 31 and 5th sections of that act, it is provided, that the cavalry and artillery shall parade for annual inspection under the orders of the brigadier-generals of infantry.—It does not require the inspectors of infantry to transmit copies of the returns to the cavalry and artillery officers. When therefore the latter are directed to detach any of their men, their ignorance of the number and equipment of the several corps, precludes the possibility of an immediate compliance with the order. This defect may be remedied either by appointing brigade officers of artillery and cavalry, to inspect and make inspection returns of their brigade to the general officers thereof, or the additional duty of furnishing them with copies of the returns, might be imposed on the brigade inspectors of infantry. Should a sudden emergency produce the necessity of calling for a quota of militia, in any one year after the parades of that year had taken place, it may be questioned whether the men so detached could be compelled to assemble again in the same year, without compensation as for actual service, and it is therefore respectfully submitted, whether it would not be discreet to direct in such case, an additional parade of the detached corps for the purpose of obtaining muster-rolls and inspection lists. The expensive equipments of the cavalry, and the propriety of affording them equal encouragement with other uniform troops, suggest the expediency of extending to them the privileges enjoyed by the artillery.
The officers appointed by an act of the last session, to cede to the United States the jurisdiction of certain parcels of land, have not met for that purpose; as their power did not extend to those places of which jurisdiction has been requested, it became unnecessary to convene them. The places to which this request relates, will be specified in a separate communication.
[After noticing various local affairs, Gov. T. concludes as follows:]
The improvement of agriculture, manufactures and commerce will, at all times, and under all circumstances, attract the attention, and command the exertions of a just and wise government; but in our present situation, external commerce being almost entirely cut off, and when it is not improbable that an appeal to arms will soon be made, it is peculiarly important to adopt all measures in our power, in order to increase the means of supplying ourselves, and to encourage those arts which contribute to the support and comfort of human life; to facilitate interior communication, and to invigorate the enterprising spirit of our country. Nor will the great and important duty of disseminating useful knowledge, at any time or in any crisis, escape the attention and encouragement of a liberal, enlightened and patriotic legislature.
Permit, me, gentlemen, through you, to communicate to the electors of this state, my grateful acknowledgments for the confidence they have been pleased to repose in me. While my sensibility is awakened by the distinguished honor they have conferred, I can honestly assure them, that my conduct shall always be directed by a zeal to advance their welfare.
May that wise and benign Providence which has dispensed its richest favors to our country, endow us with wisdom to discern and virtue to pursue, the best means of perpetuating the blessings we enjoy.
DANIEL D. TOMPKINS.
4000 BUSHELS BEST RICHMOND COAL. NOW landing from on board the sloop Laurels, at Charles King and Co's wharf George Town. Apply to Wm. O'Neale, square 78, city of Washington, or to Josiah Taylor, on board. These who are indebted to W. O' Neale may be supplied, if they pay off their former accounts, and not otherwise.
WM. O'NEALE. March 4—38
CONGRESS.
HOUSE OF REPRESENTATIVES.
DEBATE
On the bill concerning courts martial and courts of enquiry.
THURSDAY, MARCH 3.
(Mr. TAYLOR's Speech concluded.)
The gentleman from Kentucky has objected to the jumbling of military and civil institutions. Let the gentleman decide at once that if a man shall be accused of a crime a conviction of which subjects him to a punishment of five hundred lashes or to be shot or hung, he shall be deprived of the privilege of summoning witnesses to attend. Can he decide it? He cannot. Well then, if we take it for granted that it is absolutely necessary that we should not in that way immolate justice, but allow a defence, how is that defence to be got at? If this bill proposed to authorise courts martial to send musketeers among the husbandmen in the country, is there a mind in the House that would not revolt at it? I think there is not. It is necessary that these courts should have the power to ask the question of the witness. All other power is vested with the courts of law. Are you afraid of them? Can courts martial interfere with courts of law in their punishment for defaults of witnesses? No; they are kept separate.
The hon. chairman (Mr. Montgomery) has explained that the provisions of this bill are similar with those of G. Britain; and however much we may abuse that government for its corruption, I believe that the most enlightened men who have had an opportunity to examine her civil policy, have gone so far as to say that this is the only thing excellent in their institutions—the very salvation of the government itself; that this good thing, like a few good men in a city, have saved the government from that destruction which some of her other institutions might have brought upon it. For my part I do not hesitate to say that the courts of England have conducted this power with impartiality; that there has not been an instance in which the privilege of a judicial court has been invaded in consequence of this provision either by a court martial or by the crown. Where then is this jumbling, this collision of jurisdiction which alarms us? My mind's eye can see in that bill as perfect a severance between the two jurisdictions as is possible to be described.
After having confined myself as much as I could as respected the rights of the accused, of the citizen, and of the civil court, I come now to that part of the subject which cannot be new to the House, on which I have heard the most eloquent harangues. What do we hear whenever the subject of the military is called up? Where is the jealousy of military force directed? On whom does it fall? Upon our standing army. It is a standing army which the republic fears—that of all others which is most sedulously guarded & restricted. If this jealousy accords with the sentiment of the nation, how should it be guarded? How are the wicked and infamous officers in that standing army to be marked and punished? The soldier under their command may from the influence of his superior officers be intimidated from bearing that testimony against a commander, which a civil witness safe from their power might do. Will you deprive the republic of the benefit of this testimony? If it be necessary for the individual, much more is it necessary for the government and for the people of the U. States. What is the case of those good fellows who took major Andre? Suppose instead of Andre they had taken Arnold. Suppose that these men who were above the bribes of the enemy, whose testimony was necessary & conclusive of the guilt of the party. Suppose this squeamishness to call upon the citizen out of the army to revail , how could the fact of his going to the enemy, of his being found out of the course and at a distance from the place of his duty be proved?—Do the articles of war give any power to the court trying this man to go into the field and summon them? None. Or can they be taken before a military tribunal? No such thing is known in our laws. I defy any gentleman to shew a power in a military court to derive testimony but from military men. Well, if this case might have occurred, and it surely might, is it not possible that other similar cases may occur? This jealousy of standing armies is a good one; I wish to foster it, and will therefore take the testimony of any man whether he bears an epaulet, or whether he be found in the military uniform or the more lowly garb of a husbandman, when necessary to guard against the power of an evil disposed officer or soldier.
MR. ROWAN said this was a subject to which indeed he had not devoted much attention, but the more he thought of it, the more abhorrent it appeared to him. It is very strange, said he, that America has gone through one war already, and not found out the evil
which this bill proposes to guard against. If this regulation were so indispensably necessary, is it believed that during the revolution no instance would have occurred which required its exercise? I believe none did occur. If then in a government like ours, there has been shown no necessity for such a law, would it not be premature to pass it? The doings of a military court the gentleman tells us are entirely secret; all mankind shut out. It is true as he says that there is very little more inconvenience in attending a military than a civil court; the same quantum of locomotion will convey a man to one as to the other, but shut up in that court without his friends, it may happen that his reputation may be sacrificed. This law does not provide that any but the parties may have power to compel the attendance of witnesses. A single witness may be brought before men who are so connected by their common profession as to feel a sort of sympathy for each other which men in the common walks of society have not. Suppose a witness brought before such a court to give testimony against a man who has been always accustomed to command, while they have been trained to subservience and respect. What is his situation? The doors are shut, no person admitted to see him, he comes out of the military court with his reputation sacrificed. A confliction is made in his testimony which he has not wit to detect, without counsel or a friend to compassionate him. I am unwilling that men should be brought from the field to a military court in the dark.
One of the articles of war read by the gentleman from South Carolina requires that an officer or soldier shall not speak disrespectfully of his superior officer; and for what reason? Because were disrespectful language permitted in the ranks it would tend to diminish that subordination so necessary in an army. It is not disrespect as meant by the articles of war, for a soldier to speak disrespectfully of his superior officer to the labourers in the field; but it is meant that he shall not be spoken to with disrespect before those whom he commands, before whom respect to him is necessary. The disrespectful language must be attested by soldiers or it is harmless; mere verba volentia , and never reaches the officer, or, if it does, no harm results. Nor can any thing which an officer can do which is punishable by a military tribunal require any other evidence than of military men.
A military court grows out of the military establishment; a thing of necessity, growing not out of the social order but out of the military, and is confined to it. The very idea is abhorrent that republicans should be dragged from their homes to attend a military inquisition; and what then? If we may judge from late specimens, his feelings may be injured and himself slandered. We find that though secret a military court can now and then emit a little gall. If there were no other reason, this would be sufficient to induce me to say that citizens should not be dragged before a court to be sacrificed to military etiquette. Ought not strong necessity to be shewn before we take an individual out of the walks of private life before a tribunal of which he may be entirely ignorant and of which he is presumed to know nothing? It is a vast inroad upon his rights in my mind that he should be compelled to attend before a secret tribunal. The honest man disposed to act uprightly has nothing to fear from mankind in civil life. But when taken before a military court he is out of his element, taken off social ground; and this should not be done except upon necessity the most imperious, and that does not now exist.
I wonder gentlemen have not found some instances from England in which men have been called from the civil rank. The act provides that if necessary a judge shall issue a subpoena. Has any one ever heard of a case in which this was necessary? None has occurred that I know of. It strikes me as peculiarly varying our institution, and the distinction set up by the constitution, which says that the military shall be subservient to the civil institutions. I have heard of no case which would require it. If a soldier shews disrespect to his superior, it is before those in whose presence it flowed that it is necessary to punish him as well to make him as others by his example, conform to correct conduct. I hope society never will submit life to the discretion of a military court, except under the most absolute and imperious necessity, in which a civil court cannot interfere, particularly during war. In the case to which this bill particularly alludes, we know that some of those who have been summoned have refused to attend. Before they are compelled to attend, as this bill contemplates, we know that one of them has been published as perjured. In my mind it is no unimportant right that the credit or degree of credibility of a witness should depend upon men in the same level of life with himself, in social, and not in military life. I am unwilling to place it in the power of any military court to call a man from the walks of social life. Men in civil life must be willing to trust
their characters and every thing to the sound sense of the community, to civil and not to military institutions. This is a radical provision and never ought to be violated; yet it will be by this bill in my opinion.
We know as the gentleman has said that punishments are generally more rigorous in the military than in the civil code. Wherever courts martial try offenders dispatch is required; and their whole proceedings are conducted in a summary manner which to us is unknown, and I hope will long continue so. Until then some strong necessity be shewn, I am averse to the familiarity which this bill goes to establish between military and civil institutions.
The details of this bill, if we go into a discussion of them, will not work; for I observe among other things that the bill provides that the certificate of a military officer shall be sufficient to warrant a punishment of a citizen for non-attendance on a summons.
MR. RHEA (T.) said the gentleman's chief objection to this bill appeared to be that the honor of a citizen might not be safe with a military court because his testimony may be made perfectly different from what he actually did testify. When I observe the insinuations which this is intended to convey, I cannot express my feeling of it. When I hear an intention to derogate from the character of our military officers, and an insinuation that our officers of rank and capacity are so destitute of any principle of honor and integrity as to transubstantiate the evidence of any witness, I shudder at the idea; and, if I thought this character could be justly applied to any court-martial to be summoned out of our army, I would before to-morrow night move a resolution to dissolve that army. I deny the principle which the gentleman has assumed because I believe that with those men within our camp, there is integrity, honor and virtue. At such observations as these I cannot help expressing my astonishment and surprise.
It has been objected to this bill that in a military court examinations are made in a private manner, and that military courts may pervert testimony. If that be apprehended, this bill can be so amended as to provide that all testimony shall be taken publicly, and if gentlemen whose fears are so much alarmed, will bring forward an amendment to this effect, no doubt it will be agreed to. The mere name of a soldier does not take away from them the patriotism and honor which they owe to themselves and the integrity which they owe to society. If this were the case, I should pray that there was not one in the United States. But I do not hold this doctrine, nor ever shall, till it be made to appear to me that our army is composed of persons who are not our own citizens. They are bound to a care of their reputation and honor by the ties of kindred and society, as other men, and when their term of service ceases, they return to the bosom of their country. In my opinion the honor of the witness is safe with these men and there is nothing to fear from them on that score.
It has been said that if this bill passes, we shall make the civil subservient to the military institution. The very object of the bill is to add power to the civil authority—for what? For the establishment of truth. Power is given to Congress by the constitution to raise and support armies and navies, to make regulations for the government of the land and naval forces; power is also given to them to establish superior courts, &c. For what were these powers given? For the establishment of right and punishment of wrong. How is this object to be accomplished? By correct evidence of facts—and to procure this evidence the present bill has become necessary.
It is said that a military court is incidental, growing out of a military institution—Granted. Out of what does the military institution grow? The constitution. And if it becomes necessary that we should act on this principle, why are these suppositions of those who compose our army to be poured forth? If the constitution has given us power to provide rules and regulations for the government of the army, it has given us power to institute courts for the trial of offences—to use means commensurate with the object. If we establish military courts, such testimony as becomes necessary to establish facts in cases triable by those courts ought to be procured. Decisions of all courts rest upon the facts brought before them. The grand object of this bill being to do what is necessary to procure testimony to establish facts before a court-martial or court of enquiry, I must say that I am not a little surprised that any gentleman can object to it.
It is said that this bill will blend the civil and military institutions. The constitution has authorized us to superintend civil and military affairs; you may as well say that the constitution has blended them together. If there be any blending of institutions, it is by the constitution, and cannot be affected by this bill which goes merely to provide for procuring that mass of evidence necessary for conviction.

Mr. LLOYD said he would state the reasons that would induce him to vote in favor of the motion for striking out the first section, and also his reasons for voting against the bill. That the principles and details of this bill were so abhorrent to his mind, so little according with the political principles which had always actuated his conduct, that he could not reconcile it with his duty to his constituents, or to his own feelings to give a silent vote. He wished also to be understood, that in any observations he should make, he meant not to impeach the principles or motives of those gentlemen who advocated the bill, nor in any thing he might say in regard to courts of inquiry, or courts martial, did he mean to reflect on any officer of our army.
He said he should consider the nature of the court to whom we were about to give the power by law, of dragging our citizens from their families and their homes, how far the details of this bill accorded with the principles of justice or the spirit of the constitution, and what necessity did there exist for the increasing of the jurisdiction of military courts to this alarming extent. The reason which has been urged by my colleague (Mr. Montgomery) and on which he declares this bill to be founded, is, that at present a soldier or officer of the United States may be tried and deprived of his life when deprived of the power of summoning witnesses that may be necessary for his defence. This might be an argument of some weight, if an officer or soldier was amenable only to a military court; but the fact is that military courts are clearly intended by the articles of war for the punishment of offences committed in quarters, garrisons or on march, or acts most generally committed in the view of the army, and which are made offences by military law. Those offences, then, sir, being committed before military men, courts martial or courts of inquiry have already the power of summoning those witnesses that may be material either to criminate or acquit the accused. But what, sir, is the situation of the officer or soldier who commits an offence against the person or property of a citizen, such as are punishable by the known laws of the land, the commanding officer, and officers, &c. are required, upon application, &c. to use their utmost endeavors to deliver over the person or persons so accused, &c. in order to bring them to trial, &c."
"When any commissioned officer or soldier shall be accused of a capital crime, or of having used violence or committed any offence against the person or property of any citizen of any of the United States, such as is punishable by the known laws of the land, the commanding officer, and officers, &c. are required, upon application, &c. to use their utmost endeavors to deliver over the person or persons so accused, &c. in order to bring them to trial, &c." In what situation then I will ask, is it probable that an officer or soldier should commit an offence, on the trial for which he would not have it in his power to summon evidence? If an offence is committed for which he is amenable to a court martial, it results from his situation, and the effects of military discipline that it must take place in the presence of those who may be summoned by a military court. I mean, sir, his brother officers or soldiers. If on the other hand an offence is committed, not known in the articles of war, and for which he is amenable to the civil authorities of your country, a military court has nothing to do with it, and the civil court has already the power of summoning any witness either military or civil.
This then, sir, being a correct position, I shall contend that there is not the most distant probability that any offence should be committed, when it will be impossible to procure or compel the attendance of evidence, if any evidence should exist, and it must be admitted that if none should exist, no law we can pass can conjure it up either for the purpose of condemnation or acquittal, and what must give force to this opinion, that no necessity does exist for this law, is, that not a case has occurred in which testimony could not be had before a proper tribunal. I would, sir, then ask if no such case has existed, if your laws heretofore have been effective, why anticipate an improbable evil, for the purpose of applying the remedy of this law, the effects of which, in my opinion, would be mischievous and oppressive. Sir, I trust the House will not do it. The gentleman from South Carolina has to be sure expressed great sympathy for those persons who are subject to military rule. Sir, I feel as much as that gentleman for the sufferings of those who are subject to military and arbitrary power. But we find from the experience of every country that policy has dictated
the subordination imposed by the articles of war, and from habit and custom it is now thought necessary and proper. But however pleasing and soothing the gentleman's representation of the situation of the soldier may be to the feelings of humanity, it certainly as an argument can have no bearing on the present question. If you mean to grant privileges to the military, which heretofore have been granted only to citizens, you destroy that subordination and distinction which from experience and necessity has existed between the two orders, and which distinction has been recognized in the constitution, and therefore until it is found necessary from experience to make this regulation the House will not surely agree to it. The gentleman from S. C. tells us that trials before military courts are not public. I profess myself to be very little acquainted with the modes of proceeding in these courts, and will therefore take the gentleman on his own showing, and ask this House if they will sanction a law by which their fellow citizens shall be dragged into an inquisition—that in defiance of those principles which have heretofore actuated the republican party in violation of the people's rights, that you will drag them before a court of enquiry, or court martial, as the case may be, there to be shut up and questioned, on the most delicate subjects to themselves, and perhaps irrelevant to the cause, at the caprice and discretion of the commanding officer. Can this be justified? Can this be reconciled to their own feelings or to the people? If it can, gentlemen must differ very widely from me; indeed viewing it as I do, they never could support it.
The gentleman from S. C. has also observed, that whenever any thing was said in the House with respect to the liberty of the country, standing armies were introduced, and that the House were favored by an eloquent strain of declamation. Is this strange? Sir, the very articles of war which we are about to amend, or rather to make worse, is a strong argument why men subject to them ought not to be depended on in times of peace. Can any man suppose that a soldier who can be tied up and flogged at the discretion of a petty court martial, can feel that ardor for liberty with one who is living in the unrestrained enjoyment of all its blessings? Can they be expected to step forward in defence of rights they do not enjoy? Can they feel much attachment to the principles of a constitution, when they are deprived of sacred rights which are extended to others, and which rights would alone attach your citizens to your government? No Sir, no such zeal can be expected from them. You might as well expect from the slave of an Eastern nabob, that attachment to your constitution which you find in your own citizens. The gentleman from Tennessee has observed that courts martial or courts of enquiry cannot pervert the truth of evidence. They certainly have a right to determine as they please on evidence; and by whom I would ask are these courts appointed? Generally it may be said by the officers of high rank, but sometimes by officers of inferior rank, sometimes for one purpose, sometimes for another. But no one will contend, sir, who knows any thing of human nature, that in as much as men holding commissions, and filling high offices in the government have the appointment of courts martial, that the time may not arrive when those courts may be created for the worst of purposes; that they may be created for the purpose of advancing the views and interest of the person who creates them. Will the gentleman contend that a court appointed in this way, can or will decide properly on the evidence that comes before them? Certainly not, sir; and I would ask to whom are these courts responsible? Responsible only to the person who appoints them. Sir, permit me to say that I consider these military courts as little calculated from the very nature of their creation to decide the fate of an American citizen as the inquisition itself. But, sir, another consideration has great weight with me. Before I would compel a citizen to appear as an evidence in any court, I must have some pledge that he would be protected, and that the persons composing the court, were competent to decide on the rules of evidence, and that he might not be called on to answer questions tending to criminate himself.
I will readily and willingly admit that the persons composing a court martial or court of enquiry may possess all the honor and valor characteristic of the soldier, but it does not follow that they are acquainted with our common and statute laws. A man may possess all the qualifications that may entitle him to mount the cockade in his hat; he may be bold, ardent and adventurous, but not a profound lawyer. In fact, sir, without saying
any thing to the disparagement of our officers, and which I assure you I have no disposition to do, I may say that from the nature of their education they are not qualified to compose a court, such as American citizens are accustomed to. I will ask what may be the result of this law if passed; a soldier or officer is on his trial at Michilimackinac, and for the purpose of delay he subpoenas a witness from a distant part of the Union, you must by the provisions of this law, leave your home, and give your attendance, when in fact you know nothing relevant to the cause. This, sir, is giving a privilege unknown, I believe, in our civil courts, for when a witness does not attend, you must file an affidavit, or your cause goes on; but this regulation for ought I know, may vary in the different states.
Let us now examine the provisions of the first section, and see how far it comports with the dignity which ought to be preserved in the judiciary of our country, and how far it respects the private and delicate communications which frequently take place amongst your citizens, and with which the public interest and welfare have no connexion.
Let us refer to the bill. "That in every case where the attendance of any person, not in the military or naval service of the United States, shall be necessary as a witness before a military or naval court martial, a summons may be issued out of any court of the United States, and the clerk of any such court shall be, and he is hereby authorized and required, upon due application in writing by the judge advocate, or party officiating as such, or by the party accused, to issue such summons, requiring such witness to appear, and give evidence before such court martial or court of enquiry, and upon good & sufficient cause shewn."—What is meant by the words good and sufficient cause shewn? I ask the framers of the bill, if they mean by good and sufficient cause shewn, that a military court shall determine when it is necessary; and that a judge of a civil court shall, in compliance with their command, issue a summons? Is this, Sir, to be the power given to a court of enquiry by this bill? If it is, you make the civil institutions of your country instruments in the hands of a military court, for you call upon a judge to do a judicial act without knowing whether it is correct or not. This sir, is a principle which I never can sanction with my vote. But perhaps this is not the intention, but it is intended that the judge shall determine the necessity and propriety of summoning the witness. Then I will ask how is it possible that a judge can decide when the case is not judicially before him? How can the judge of this district for instance decide upon the case depending in the court of Inquiry, to which he has not attended in the character of a judge? If they have not all the circumstances before them it is impossible they can decide any question with propriety in the capacity of a judge. But sir, it seems that they are to have power by this law, to compel a witness to produce any paper, document or record in his possession, power, or control—[Mr. Lloyd then read the following.]—"The said witness in such summons may be further directed and required to exhibit in evidence before such court martial or court of inquiry, any paper document or record in his possession, power or control." Is there, I will ask, a judge presiding in any civil court in the United States who would suffer a party to examine a witness to this alarming, unjust and indelicate extent? Was there ever such a thing heard of in a country possessed of civil liberty, that a summons should issue compelling a citizen to produce every document or paper in their possession or control? It is true when any paper is decided by a Judge in a court of common law to be relevant, and important in a case, the party may be compelled to produce it, but to say that every paper & document, even of the most delicate, and irrelevant nature is to be produced, that the communications which have been made in the generous glow of friendship; that letters which have been intrusted to the care and honor of a friend, involving the secret and private transactions of a man's life and having no bearing on the cause at issue, are to be indiscriminately revealed to a military court, is a measure, sir, that I am sure this House never will sanction. What sir, will be the consequence of this law if it pass? You prostrate the rules of evidence which have heretofore existed, and in your great zeal to convict the accused, you compel an American citizen in violation of justice and the principles of liberty to become his own accuser. It may be said, sir, that a court of inquiry or court martial would not suffer a disclosure of facts irrelevant to the cause, to be made. In the first
place, sir, I may answer that they may be (without reflecting on them as men of honor or courage) ignorant of statute and common law and ignorant of the rules of evidence, and in the second place I never would trust to the discretion of any court, much less to a court having as little responsibility to the nation as a military court.
From the proviso at the end of the second section, it appears that sickness or some other inevitable impediment is the only plea that can be made in justification of a default, and if a paper is not produced "That in case such witness shall satisfy the court before whom such proceeding against such witness shall be had as aforesaid, that the default imputed to him was produced by sickness or other inevitable impediment, and was not an act of contempt or wilful disobedience, such witness shall be forthwith discharged from any farther proceedings thereupon in said court." I will ask this House if summoned to produce a letter I could satisfy the judge that it had no relation to the cause depending ought it not to be on the principles of justice and common sense a sufficient cause for withholding it, ought I to be compelled to gratify the whim and caprice of the accuser or the accused, to produce a letter of a delicate and private nature having no bearing on the subject, or to produce one that might criminate myself. Sir, this doctrine cannot be supported. As something has been said sir, with respect to the court of inquiry now sitting in this city perhaps it may be said that this law should pass to enable the court to progress in their Inquiry—against this it may be urged that the offence into which they are enquiring, is not an offence known to the articles of war; but in my opinion it would be better that ten thousand offenders covered with suspicion and guilt should escape unpunished, than to violate the principles of your constitution, on the inviolate observance of which depends the liberty and happiness of yourselves and your children. Better would it be that General Wilkinson should remain (what has he proved by his own declaration) the victim of suspicion for 13 years longer without establishing his innocence, and let the responsibility for his future good conduct rest with those who hereafter may retain him in office. Sir, as this individual case may be introduced as a reason for the adoption of this law, permit me to digress, and call the attention of the House and the nation to one fact; that in this country which possesses every institution calculated to protect the property, to defend the liberty, and to preserve from malignity and slander, the character of the citizen; that an individual should be found professing all the punctilious honor and courage of the soldier, who for thirteen years has been the victim of suspicion. This is an enigma I will not pretend to unravel, but will leave it to those more skilled in necromancy than myself.
It has been said, sir, that the President of the U. S. intimated a necessity for this law. He certainly in his message, noticed that military courts had not the power of compelling the attendance of witnesses; but I cannot from this suppose that he meant to recommend a thing like this; fraught with mischiefs incalculable; but for the sake of argument, I will admit that the President has recommended this extraordinary bill, does it follow that this circumstance is to induce me to sacrifice the pledge I have given to my constituents to protect their rights, as far as I am able, or to violate the oath I have taken in the face of this House, and in the face of the nation to support the constitution of the U. S.—But this argument of confidence so often introduced into this House, is one I do not understand or approve. We are responsible to the people for our conduct—so is the Executive. And to say that we must advocate this or that measure because the Executive recommends it, is in my opinion degrading to the dignity of the Representatives of the people. To the newborn political creed of unsusppecting confidence, of implicit obedience to Executive will, I never can, I never will subscribe. If I cannot retain my popularity by a strict adherence to the principles of the constitution, by supporting all measures calculated to advance the happiness of the people, & the good of my country, & by a decided opposition to all those measures calculated to have a contrary effect, no matter by whom recommended, I am ready and willing to retire into private life, there to lament the political fanaticism of my countrymen. It is, sir, from the people themselves I wish to hold my popularity, and on the ground that by my political conduct I show myself attached to their rights and independence. I have trespassed a considerable time on the patience of the Committee, and am conscious of
their indulgence.
Mr. RHEA (T.) rose to explain, that he had not used the expression that military courts could not pervert testimony.
Mr. TAYLOR rose to observe that he had when up before expressed himself inaccurately; and the gentlemen who had replied to him had taken ample advantage of it. Military courts, he said, took testimony in public, but deliberated on it in private. He had before stated that the trial was private, which was an error proceeding from his considering the practice in this country to be the same as in England.
(For a continuation of Proceedings on this subject, see the detail of the business of yesterday and to-day in our next.)
MONDAY, MARCH 7.
On this day the bill concerning courts martial and courts of enquiry went through the committee of the whole, and was ordered to a third reading to-morrow.
TUESDAY, MARCH 8.
The bill concerning courts martial being on its third reading, was on this day on motion of Mr. Basset, recommitted to a committee of the whole.
The engrossed bill authorising the sale of certain arms passed its third reading by Yeas and Nays—66 to 21.
The bill in addition to the embargo act was returned from the Senate with amendments—which were concurred in.
The bill for the purchase of an additional number of arms, was returned from the Senate with an amendment for appropriating 150,000 dollars for the purchase of sulphur and salt-petre; which was concurred in without a division.
[Details of this and the preceding day's proceedings are from press of matter postponed till our next.]
COLUMBIA DRAGOONS.
Meet at the usual Parade Ground south of the Centre Market, on Saturday the 12th inst. precisely at 3 o'clock. P. M. agreeably to the Constitution of the Troop.
Alex. Cochran, Jr. Sec.
March 9—2t
TWENTY DOLLARS REWARD.
RANAWAY from the subscriber living in Pecawaren, Charles county, Maryland, Negro OZWELL, a very likely young fellow, about 25 years of age, a brickmaker by trade; he is six feet and upwards high; he has had the misfortune to lose his right eye entirely while in the service of the Potomac Company in the year 1806, for the year 1807 he was employed by a Mr. Studer as a boatman, to take down floor to Georgetown—it is to be presumed that he has returned to Mr. Studer in Berkeley county, where he has a wife. On his return the last Christmas, he brought a line from Mr. Henry Studer, saying that he wished to purchase the said fellow—he took with him sundry articles of clothing, which I am not able to describe. Any person that will deliver the said fellow to the subscriber shall receive the above reward of twenty dollars, and ten dollars for securing Ozwell in any jail so that I get him again.
JESSE M. SHURBURN.
March 7—w3t
In obedience to the decree of the high court of chancery of Maryland, will be sold to the highest bidder at Semme's Tavern, George Town, on the Thursday week after the first Monday in April next, at 11 o'clock A. M. all the right, title and interest of Thomas Clark, deceased, in and to sundry Lots of Ground in Thomas Beall of George's addition to George Town, purchased of John M. Gantt Esquire, being the four easternmost lots purchased by said Gantt of Thomas Beall of George, Esq. and in and to Lots No. 8, 9, 10, 11, 12, 13, 14, 15 and 16, in square No. 8 & part of square No. 3 in said city.
Will also be sold to the highest bidder at Brooks's Tavern, Upper Marlboro' on the first Monday in April next, at 4 o'clock, P. M. all the right, title and interest of said Thomas Clark in and to a Tract or part of a Tract of Land lying in Prince George county, purchased by said Clark of one Brock Mockby, supposed to contain about one hundred and fifty acres.
The purchaser to give bond with satisfactory security for the payment of the purchase money with interest from the day of sale, payable in fifteen months after said day of sale.
All persons having claims against the said Thomas Clark, deceased, are requested to exhibit the same to the register of the court of chancery of Maryland, with the vouchers to support them within 3 months from the said day of sale.
JAMES S. MORSELL, Trustee.
March 5, 1808.—3 St.
NOTICE.
ALL persons having claims against the estate of Samuel D. Beck, late (Prince Georges county) deceased, are hereby warned to exhibit the same with the vouchers thereof to the subscriber, on or before the 8th day of June next, they may otherwise be excluded from all benefit said estate. Given under my hand this 8th day of March 1808.
ANDREW HAMILTON,
Admr. of S. D. Beck, Jr.
March 9—w3t

WASHINGTON CITY.
WEDNESDAY, MARCH 9.
Extract of a letter from Judge Rossell, dated Mount Holly, March 1st, to Aaron Kitchell, Esquire.
"In compliance with one of the enclosed resolutions, I with much satisfaction forward the proceedings of a republican meeting, convened at this place, and composed of the greater part of the members of our county court, as well as of a number of other very respectable gentlemen of this county. I beg leave at the same time to express my individual approbation of the meeting at Washington, and of the gentlemen recommended as President and Vice-President of the United States."
At a meeting of republican citizens of the county of Burlington, in the state of New Jersey, held at the house of Joseph Harkinson, Innkeeper in Mount Holly, on Wednesday the 10th of February, A. D. 1808.
DAVID WRIGHT, Esquire, was appointed chairman, and ABRAHAM BROWN, Secretary.
When the proceedings of a meeting of the Republican representatives of each House of Congress held at the city of Washington, on the 23d ultimo, for the purpose of recommending persons to the citizens of the United States to fill the offices of President and Vice-President of the U. States being read, it was unanimously
Resolved, As the opinion of this meeting that, at this momentous crisis of our national existence, when foreign enmity joined with internal conspiracy threatens to destroy our liberties, more than ordinary vigilance is necessary to preserve us from the machinations of our enemies—and that, no means more sure to prevent the success of those machinations can be pursued, than to place the government of the country in the hands of men, whose talents fit them for the arduous trust, and whose integrity and attachment to our republican institutions are a security against their improperly using the power delegated to them.
Resolved, As the opinion of this meeting, that the persons recommended to the citizens of the United States by the said meeting, to fill the offices of President and Vice-President, are from their talents, integrity and attachment to the principles of our government, worthy of the trust, and that this meeting highly approves as well the manner in which this recommendation is made, as the persons recommended, and will use all proper means to secure their election.
Resolved, That the honorable Judge Rossell be requested to communicate to the members in Congress from the state of New Jersey, a copy of these resolutions, signed by the Chairman and attested by the Secretary.
DAVID WRIGHT, Chairman. ABRAHAM BROWN, Secretary.
GENERAL ASSEMBLY OF KENTUCKY.
JANUARY 22, 1808. To the President and Congress of the United States.
The General Assembly of the Commonwealth of Kentucky cannot refrain at this important crisis, of an impending foreign war, from manifesting to the constituted authorities of the general government, the feelings with which they are deeply impressed, in recurring to the unprecedented course of measures which has for some time past characterised the belligerent powers of Europe, in their relations with the United States—while they feel anxious to avail themselves of an opportunity to express in decided terms of approbation their concurrence in the arrangement for negotiations made by the government they are equally solicitous to announce to the world that they will to the extent of their energies support those principles on which the national honor as an independent people rests; and by the abandonment of which they would deservedly cease to be considered a free people.
The federal government which originated from the free will of the people is congenial to the wishes of the citizens, and is administered with good faith in its connections with the different nations of the earth. But whilst they contemplate the equity of that government, they participate in the just indignation of their constituents at the repeated depredations committed on our lawful commerce, and have waited to hear that our grievances would be atoned for, in a satisfactory manner by adequate reparations. But what has been the astonishment, when, instead of amicable adjustments they see one of the belligerent powers persisting in a system of procrastination, and indecisive negotiations injurious
to our national dignity, and suffering commercial interests, wherefore
Resolved, by the Senate and House of Representatives that they have the highest confidence in the wisdom, justice and impartiality of the present administration of the general government.
Resolved, That they consider the conduct of one of the belligerent powers in many instances, but more particularly the attack upon the national ship of war Chesapeake as outrageous and insulting in the extreme, and such as in the event of a failure on her part to make honorable reparation calls for such exercise of the energies of government, as will manifest to the belligerent powers of Europe, that the rights of an independent nation are not to be trampled upon with impunity.
Resolved, That whatever measures for vindicating the national honor, the wisdom of the government may prescribe, shall receive the support of our best exertions at the risque of our lives and fortunes.
Resolved, That the governor be requested to forward a copy of the foregoing resolutions to the President of the United States, and to our Senators and Representatives in Congress.
HENRY CLAY, Speaker of the House of Representatives. TH. POSEY, S. S.
Approved, Jan. 27, 1808. CH. GREENUP, Governor of the Commonwealth of Kentucky.
By the Governor, Alfred B. Grayson.
FROM THE AURORA. A case has been before the supreme court in this city for two days, of a nature as singular as ever came before a court in a free state. The case may be stated in few words.
In 1805, there was an election for sheriff in this city—the law of this state ridiculously requires two candidates to be put on the return—and gives the governor the power to select one from the two returned.
The election, like all others in this state, was conducted with zeal and ardor. The federalists and quids had coalesced, but the democracy succeeded against both, and put their two candidates on the return.
The election took place on the second Tuesday of October—it is customary in such cases with the sheriff elect to proceed with the return, the security, bonds, &c. to the seat of government, accompanied by some friend. The sheriff elect found it a difficult matter to select a person to go with him, who was not likely to excite the well known asperity of the governor.
Several of the most active democrats, as is customary every day, f. l. in at the book store of the Aurora, and the subject was talked of there like all other political matters; and it was suggested, that the sheriff elect in office would be the best person to go with the sheriff elect, as he was considered as the friend of both.
Dr. Leib and Wm. Duane waited on the sheriff elect, to solicit him to go, and he agreed to go, a loose conversation took place between Dr. Leib and the sheriff on the advantage that would derive to the public, in the allaying of party heat, if the governor would for once pay some regard to the public will; many arguments were used in the most calm and liberal manner, to impress this on the sheriff's mind, in which he acquiesced.
The sheriff incumbent, and the sheriff elect, did go to Lancaster—but the governor had given orders that the sheriff elect should not be admitted to his presence, the sheriff in office went alone, and endeavored to impress upon the governor the good effects that would follow.
A suit was instituted in the name of the commonwealth against Dr. Leib and Wm. Duane—for a conspiracy—the foundation of the conspiracy was the conversation with the sheriff, persuading him to go to Lancaster.
The evidence of Mr. Barker, the sheriff that was, and who went with the sheriff elect; expressly stated that there was nothing of conspiracy to his knowledge, and that the whole of their proceeding was of the persuasive kind.
The matter went before a jury on Wednesday, argument yesterday, and the verdict was given after a few minutes by the jury, of not guilty.
We do not wish to enter into details upon this subject at this time: but we mean to take it up again—as an extraordinary example of the perversion of the administration of justice, by the institution of iniquitous and vexatious prosecutions, to gratify the malignant and angry passions of men in power.
Dover, (Del.) Feb. 5. At an appointed meeting of the republican members in both branches of the legislature of the state of Delaware, to take into consideration the nomination of a successor to Mr. Jefferson, as President of the United States.
The meeting appointed JOHN WAY, chairman, and JESSE HIGGINS, secretary.
The following resolutions were then offered and adopted unanimously:
Resolved, That this meeting acting for themselves individually, do most cordially approve the selection and nomination made by the republican members of Congress at Washington, on the 23d ult. of James Madison for President, as successor of the present wise, pacific, illustrious and firm statesman, Thomas Jefferson, and that they do recommend to their constituents, a steady and active support, of the election of the said James Madison, unmoved by misrepresentation, and unshaken by the plans of division, which their opponents so artfully employ.
Resolved also, That this meeting do highly approve the selection of the venerable soldier and patriot, general George Clinton, as Vice-President, and recommend him to the support of their constituents.
Resolved, That the proceedings of this meeting be published in the Aurora.
JOHN WAY, Chairman. JESSE HIGGINS, Sec'y.
New York, March 4. General Moreau arrived at New Orleans on the 22d of January, and was to take passage from thence in a few days for Charleston. His lady, according to accounts received by the Pamptico, was detained at Bordeaux, without being permitted to proceed to Paris to make the family arrangements which her mother's death had rendered indispensable. Accordingly, she was settling her affairs at Bordeaux as well as circumstances would allow her to do, and she intended to take passage in one of the first vessels for New York.
Portland, Feb. 25. On Monday last, arrived at this port, brig Delaware, Theophilus Storer, master, 39 days from St. Andero, (Spain.) Mr. Amasa Lincoln, (first mate) informs, that a confirmation of the French Decree for the capture of all neutrals who should speak with British ships of war, was received from Mr. Erving, the American Minister, previous to the brig's departure; and that a circular was also received from Mr. Erving, requesting all American vessels to sail immediately, in consequence of an expected embargo. An American vessel had been carried into Bayonne and condemned under the force of the above mentioned decree.
STOP THEE!
ONE HUNDRED DOLLARS REWARD. Deserted the service of the subscriber a person who called himself WILLIAM RANDLE, but whose proper name I have since been informed is WILLIAM RIDDLE, who was intrusted with the sum of about eight hundred and seven dollars, to pay in the city of Philadelphia, to the agents of the subscriber. The said William Riddle is a stout portly person, about five feet 10 or 11 inches high, dark complexion, heavy eye brows, large black eyes, a down look, speaks slow, a lisp in his pronunciation, a surly look, dark hair cut short, last fall he had a sore thumb on his left hand, the scar of which may yet be seen lengthways of the thumb. He took with him, one pair of ash colored half worn patent cord pantaloon, one waistcoat, yellow ground, with spots in the form of a leaf, one dark blue new coatee, the lining of the sleeves of white dowlas, gilt buttons, one new yellow ground fancy vest with pearl buttons, flannel lining, single breasted, one new fashion castor hat, some new cambric muslin shirts, one flag handkerchief with his name marked with white silk, one pair of common worsted whitish stockings, one new pair of woollen mittens spotted red and light blue, one pair of new Suawarrow boots. When he left my service on the 23d Feb. in Philadelphia he bought himself for 90 dollars, a chestnut sorrel horse about eight years old, 15 and an half hands high, bob tail, a small star on his forehead, his off fore hoof white, and a little shorter than the other occasioned by his being corked, hind legs white about half way up to his hocks, and bone-spavin in them both, carries very well both head and tail, and very natural to his canters, new saddle and bridle. Said William Riddle said that he had been born and raised in Sussex county, about twelve miles from Easton in Northampton, and is supposed to be about twenty-seven or thirty years of age—also, on my credit, 26 yards of Irish linen, at 6s a yard, 12 pair of men's stockings of an inferior quality 6 pair of cotton do, at 6s a pair, 12 pair of suspenders. He wore, himself, a pair of leather suspenders with four separate springs in front price marked on 4s. or 4s. 6d. He also had a new suit of cloaths made for him in Philadelphia. Also had with him a pair of saddle bags, black thin leather.
Whoever secures the said William Riddle, so that he may be brought to justice, shall receive the above reward and all reasonable expenses.
NICHOLAS NELIGH. Allen's township, Northampton county, March 9.—6t.
STATEMENT OF EXPORTS
The produce and manufacture of the United States, commencing the first October, 1806, and ending the 30th Sept. 1807.
   SPECIES OF MERCHANDIZE Quantity or value.     Fish, dried or smoked, quintals 473,924   Pickled, barrels 57,621   Ditto, kegs 13,743   Oil, Spermaceti, gallons 44,339   Whale & other fish, do. 932,797   Whalebone, pounds 104,635   Sperm ceti candles do. 172,132   Wood, Staves & headings, M. 37,701   Shingles, do. 76,890   Hoops & poles, do. 3,621   Boards, plank and scantling, M. feet 79,424   Hewn timber, tons 48,355   Lumber of all kinds, dollars 90,469   Masts and Spars, do. 21,084   Oak bark and other dye, do. 19,064   All manufactures of Wood, do. 191,792   Naval stores, Tar, barrels 59,282   Pitch, do. 5,099   Rosin, do. 3,802   Turpentine, do. 33,451   Ashes, Pot, tons 5,852   Pearl, do. 2,773   Skins and furs, dollars 851,609   Ginseng, pounds 568,207   Beef, barrels 84,209   Pork, do. 39,274   Hams and bacon, lbs. 1,311,246   Tallow, do. 53,115   Butter, do. 1,963,480   Cheese, do. 879,697   Lard, pounds 1,815,998   Hides, number 4,801   Horned cattle, do. 8,148   Horses, do. 4,750   Mules, do. 704   Sheep, do. 5,698   Hogs, do. 1,831   Poultry, dozens 2,951   Wheat, bushs. 1,173,114   Indian corn, do. 612,421   Rye, do. 6,650   Oats, do. 65,277   Barley, do. 4,893   Buckwheat, do. 66   Beans, do. 22,226   Peas, do. 25,891   Potatoes, do. 97,694   Apples, barrels 9,327   Flour, do. 1,249,819   Rye, do. 29,067   Meal, do. 136,460   Indian, do. 30   Buckwheat, do. 30  
   Ship stuff, cwt. 2,580   Biscuit or ship bread, barrels 102,431   Ditto, kegs 57,157   Rice, tierces 94,692   Indigo, pounds 18,097   Cotton, sea island, do. 8,926,011   Other, do. 55,018,448   Tobacco, hds. 62,232   Flaxseed, bushels 301,242   Hops, pounds 20,492   Mustard, do. 3,817   Wax, do. 618,636   Household furniture, doils. 113,571   Coaches, and other carriages, do. 25,390   Hats, do. 89,653   Saddlery, do. 14,253   Beer. Porter & cider,   in casks, gallons 185,559   in bottles, dozen, 10,794   Boots, pairs 8,053   Shoes, Silk, do. 4,068   Leather, do. 119,164   Candles, Tallow, lbs. 1,562,847   Wax, do. 361   Snap, do. 2,317,598   Starch, do. 24,870   Hair powder, do. 2,483   Snuff, do. 46,077   Tobacco manufac-   tured, do. 228,875   Leather, do. 336,414   Maple & other brown sugar, do. 17,400   Bricks, M. 937   Spirits from grain, galls. 32,767   Bark, essence, do. 25   Linseed oil, do. 5,037   Spirits of turpentine, do. 8,146   Canvas & sail cloth, pieces 100   Cable & cordage, cwt. 6,743   Card, Wool & cotton, doz. 2,007   Iron, Pig, tons. 114   Nails, do. 133   Castings, lbs. 336,321   All other manufactures of iron and steel, do. 41,239   Spirits from molasses galls. 765,916   Sugar, refined, lbs. 122,586   Chocolate, do. 11,589   Gunpowder, do. 80,287   Copper or brass and copper manufactures, doils. 12,743   Medicinal drugs, do. 16,724   Merchandise and other articles not enumerated, Manufactured, do. 289,093   Raw produce, do. 178,740   Total value of the foregoing statement dolls. 48,699,592  
A SUMMARY
   Of the value of the Exports from each State. Domestic. Foreign. TOTAL.     New-Hampshire, 563,951 314,072 878,023   Vermont, 148,466 55,816 204,285   Massachusetts, 6,185,748 13,926,377 20,112,125   Rhode-Island, 741,988 915,576 1,657,564   Connecticut, 1,519,083 105,644 1,624,727   New-York, 9,957,416 16,400,547 26,357,963   New-Jersey, 36,063 5,123 41,186   Pennsylvania, 4,809,616 12,055,128 16,864,744   Delaware, 77,693 151,580 229,275   Maryland, 4,016,699 10,582,283 14,598,984   * District of Columbia, 1,363,352 83,026 1,446,378   Virginia, 4,393,521 367,713 4,761,234   North-Carolina, 740,93 4,229 745,162   South-Carolina, 7,129,365 3,783,199 10,912,564   Georgia, 3,710,776 34,069 3,744,845   Ohio, 28,889 28,889   † Territory of the U. States, $ 3,474,028 1,159,174 4,633,203   Total, 48,699,592 59,643,558 108,343,150   * Georgetown, Alexandria, 259,935 4,537 264,472   Total, 1,103,395 78,469 1,181,864   † Michigan, New Orleans, Mississippi, (Mobile,) 311,947 311,947   Total, 3,161,381 1,159,174 4,320,555   Total, 701 701   Total, 3,474,028 1,159,174 4,633,203  
FOUND,
On Saturday last, a Lady's gold EAR RING, strung with Coral, about a mile and a half beyond FOXALL's Works. The owner is desired to apply for it at the office of the National Intelligencer. March 9—
NOTICE.
THE Purchasers of property at the sales of the late Mr. Richard Cramphin's effects, are hereby notified that the creditors of the deceased are becoming urgent and pressing for a settlement of their claims, and that it is the wish of the subscriber to make a dividend amongst them as early as possible after the collection of his estate, they are therefore respectfully informed, that the subscriber for the convenience of collection, will attend at William Ross's tavern in Bladensburg on the 10th & 11th days of March next, (at which time their bonds all become due) and when it is hoped they will be all punctually taken up.
THOMAS BOWIE, Adm'r. of Richard Cramphin. March 9—2t
THE Subscriber sets out in the course of seven or eight days for the state of Tennessee, and offers his services to transact business in that country on moderate terms. Any application being left with captain Sewell of Georgetown ferry in the course of the present week will be attended to and the applicant waited upon if in Georgetown, Washington or Alexandria, when the necessary recommendations will be exhibited.—Please enquire of the Printer.
W. BALL. March 2—St
THE COMMISSIONERS
APPOINTED under the act of the Congress of the United States, "Authorizing the erection of a BRIDGE over the RIVER POTOMAC, within the District of Columbia" to receive Subscriptions for erecting the same, hereby give notice that the Books of Subscription, will be opened at Stelle's Hotel in the city of Washington, on the 1st Monday in April next, between the hours of 12 at noon, and 3 P. M.
 ROBERT BRENT,  DANIEL CARROLL,  of Duddington,  THOMAS MUNROE,  JAMES D. BAY,  FREDERICK  SAMUEL H. SMITH,  JNAH THOMPSON,  JONATHAN SWIFT,  THOMAS VOWELL,  CUTHBERT POWELL,  ELISHA JANNY,  CHARLES ALEXANDER, 
THE act of Congress authorises the Subscription of Two Thousand Shares, and requires the payment of Ten dollars on each share at the time of subscription. The residue to be paid in instalments of Ten dollars at such times as the company shall fix.
Form of Power required from those who make use of an agent.
I empower _____ to subscribe for me, in my name, for _____ shares of Potomac Bridge stock, under the "Act authorising the erection of a bridge over the river Potomac, within the district of Columbia."
February 19—

AN ACT Supplementary to the act, entitled "An act to prohibit the importation of certain goods, wares and merchan- dise."
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That nothing in the act to which this is a supplement, shall be so construed as to prohibit the im- portation of the following articles, that is to say:
First. Wrappers and outside pack- ages in which goods, the importation of which is not prohibited, usually are and shall be wrapped or packed at the time of their importation;
Second. Bags or sacks in which salt shall be imported;
Third. Glass bottles or phials in which drugs, medicines, or any other article, the importation of which is not prohibited, shall be imported;
Fourth. Printed books, maps and charts;
Fifth. Watches, tradesmen's and artificer's tools; mathematical, astro- nomical and surgical instruments; gift buttons, locks and all other arti- cles manufactured partly of brass and partly of any other metal.
Sixth. Shalloons and woollen stuffs, muskets, bayonets, swords, cutlasses and pistols.
Sec. 2. And be it further enacted, That the articles of the following des- cription shall be held and considered as being embraced by the description of articles, the importation of which is prohibited by the act to which this act is a supplement, that is to say:
All articles manufactured entirely of silk and wool, or of silk and flax, or of flax and wool; floor-cloths; woollen cassimeres, carpets, carpeting and mats, whose invoice prices shall exceed five shillings sterling per square yard.
Sec. 3. And be it further enacted, That no articles imported on board any vessel of the United States, cleared out before the fourteenth day of December last from any port within the United States or the territories thereof, shall be subject to the prohibi- tion enacted by the act to which this act is a supplement: Provided, That such vessels which may have cleared for any port beyond the Cape of Good Hope, shall return to some port in the United States or its territories within twelve months: And provided, That such vessels as shall have cleared from any other port shall return as afore- said within six months from the said fourteenth day of December.
J. B. VARNUM, Speaker of the House of Representatives.
GEO: CLINTON, Vice President of the United States and President of the Senate.
FEBRUARY 27, 1808.
APPROVED, TH: JEFFERSON.
AN ACT Making further provision for the disposal of the sections of land heretofore reserved for the future disposi- tion of Congress.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the sections of land heretofore reserved for the future disposition of Congress, not sold or otherwise disposed of, and lying within either of the districts estab- lished for the disposition of public lands in the state of Ohio, with the exception of the section numbered sixteen; of the Salt Springs and lands reserved for the use of the same shall be offered for sale in that district, within which such reserved sections may respectively lie, on the same terms and under the same re- gulations as other lands in the same district: Provided, that such sec- tions shall previously be offered to the highest bidder, at public sales, to be held under the superintendence of the registers and receivers of public monies of the land offices respectively to which they are attach- ed, on the same terms as have been provided by law for the public sales of the other lands of the United States, and on such day or days as shall by a proclamation of the Presi- dent of the United States, be designat- ed for that purpose: And provided also, that no such heretofore reserv- ed section shall be sold either at public or private sale, at a less price than four dollars per acre.
J. B. VARNUM, Speaker of the House of Representatives.
GEO: CLINTON, Vice President of the United States and President of the Senate.
FEBRUARY 29, 1808.
APPROVED, TH: JEFFERSON.
FOR SALE. To any gentleman from the Southward, Two likely young NEGRO fellows, and a Boy, about twelve years old.
Enquire of the Editor of the National Intelligencer.
March 4-7t
BANK OF COLUMBIA, 25th February, 1808.
In conformity to the charter of this institution an Election will be held at Semmes' Tavern, in George-Town, on Monday 21st March next, for twelve Directors, to serve for one year from that day.
By order of the President & Direc- tors.
WM. WHANN, Cash'r. ept 21st Mar.
BY order of the Ordinary's Court, will be offered for public SALE on Tues- day the 24th of March next on a credit of nine months, the purchaser giving note with approved security, with inter- est from date, all the personal ESTATE of Margetet Roberts late of Montgomery county, deceased, consisting of a number of Negroes, two Leases of Land, a Crop of Corn, Corn Fodder, Hay, Horses, Cattle and Hogs, and other arti- cles too tedious to enumerate. The sale to commence at 10 o'clock on said day and to continue from day to day till all is sold.
HENRY ROBERTS, and JOSEPH ROBERTS, Admrs. of Margetet Roberts. February 26-tldos.
ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz.
30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts.
Also a small assignment of very elegant Looking Glasses, Waiters, Trays, po- lished steel Shovel and Tongs, with cut and brass heads, &c. &c.
January 9-tf
BURNS AND DEALL.
WOOLLEN drapers, men's mer- cers, and tailors, New-Jersey A- venue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeav- or to give satisfaction-they have on hand a fresh supply of the most fash- ionable goods, suitable for the approach- ing season, all fresh and of the very best quality.
N. B. Regimentals and naval uni- forms made in the most elegant and fashionable stile with neatness and dis- patch.
October 23-tf.
TWO ELEGANT FORTEPIA- NOES.
THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, a- mong the latter peach brandy 6 years old, fourth proof, and best kind of HAMS-also, he offers a pair of PIS- TOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket, handle, original cost 100 dollars.
F. A. WAGLER, At his New Store, near the Centre Market.
N. B. Instruments tuned on the shortest notice. December 25-tf.
CHARLES H. WARDEA,
MERCHANT TAYLOR,
RESPECTFULLY informs the gen- tlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadel- phia,
A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coatings, black silk Florentines. Likewise an elegant assortment of Spaniards and rich silk Moleskins for waistcoats with a variety of other articles suitable for the season.
Regimentals and Navy Uniforms made in the most elegant and uniform style of fashion.
Richard Horwath's celebrated patent parallel SUSPENDERS for superior to any hitherto in use can be had on the same terms retail, as at his manufactory. November 27-tf
AGREAT BARGAIN.
JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable pro- perty in the city of Washington, consist- ing of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is re- commended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the per- manent residence and seat of the gov- ernment of the United States. Other city property to be had-Houses and Lots-Enquire as above.
All kinds of Stocks bought and sold. IT Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11-tf
LINDSAY'S HOTEL.
THE Subscriber has taken that well calculated house on the Capitol Hill. Late occupied by Mr. Frost formerly by Mr. Stelle-Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant.
GEO. W. LINDSAY. N. B.-EIGHT or TEN BOARDERS may be conveniently accommodated. October 19-tf.
PUBLIC SALE.
BY virtue of a decree of the honora- ble the circuit court of the district of Columbia, sitting as a court of chan- cery for the county of Washington, in the suit of
John Roberts and Samuel G. Griffith complainants.
Against Benjamin Bryan Defendant.
WILL be sold at public auction to the highest bidder, on Tuesday the 29th day of March next, at Stelle's Hotel, in the city of Washington, at the hour of 12 o'clock, M. a lot of ground in said city, in that square designated on the plan of said city by square north of square numbered seven hundred and forty-three, the said lot being bounded as follows to wit: Beginning at a point in the line of the west side of New Jersey Avenue, at the distance of one hundred and fifty one feet ten inches from the stone planted at the north east corner of said square, and running thence with the line of the said Avenue twenty-five feet, thence leaving the said Avenue, and with a line at right angles with the line thereof running one hundred feet, then turning in a direc- tion parallel to the line of the said Aven- ue, and running thence twenty five feet, thence an hundred feet to the point of beginning, containing about two thousand five hundred square feet of ground, together with the improvements thereon erected, and all the advantages thereunto belonging or appertaining.
This property is eligibly situated be- tween the Capital hill and sugar house, and may be inspected at any time prior to the day of sale.
The terms of sale are cash or money to be paid immediately on the ratifica- tion thereof by the court.
JOHN G. McDONALD, Trustee. 26th February, 1808.-ep4w
PRIVATE SALE.
THE Subscribers offer at private sale, a valuable LOT in Georgetown, adjoin- ing High street, (No. 1.) joining the Old Town. There are on the lot, a good Frame House, well calculated for a store, or any public business; also, two Warehouses back of the store, both of which are frame and weather-board- ed, and in good repair. The one part is now occupied by Mr. Casper Jackson, as a store, and the other part by Mr. John Lutz, as a saddler's shop. A fur- ther description is deemed unnecessary, as any person inclining to purchase, will first view the lot and buildings. Terms will be made known on application to Mr. Seth Clarke, Fredericktown, Mr. John Lutz, on the premises, or to the subscribers,
ADAM LINK, GEORGE LINK, Shepherd's Town, Virginia.
N. B. If the above property is not sold before the 15th of March next, it will on that day be exposed to public sale on the premises.
March 2-tf
PUBLIC SALE.
BY Virtue of a decree of the honora- ble the High Court of Chancery of Maryland, the subscriber as trustee for the sale of the real estate of Gustavus Scott, deceased, will sell at public sale at Van Wyck and Dorsey's Auction Room, in the city of Baltimore on Fri- day the 18th day of March next, at 12 o'clock, the following Tracts of unin- proved LAND, lying in Allegany county to wit:
acres. Governor's Neglect, containing 1031 Robey's Delight, 421 Home's Attention, 684 Chesnut Grove, 461 Now or Never, 600 Hard Struggle, 1554 Lot No. 2487, 50 Western Connection, 15,484
The lands above-mentioned are well watered and timbered, the soil good, and well calculated for grazing and will be divided so as to suit those who wish to purchase. A further descrip- tion of the property will be given to any person wishing to purchase on applica- tion to the subscriber. The terms of sale are, that the purchaser or purchas- ers of the whole or any part of the above lands shall give bond with securi- ty to be approved of by the trustee for paying the purchase money within 12 months from the day of sale.
ROGER PERRY. The creditors of Gustavus Scott, de- ceased, who have not yet exhibited their claims, are hereby notified to bring the same into the Chancery Court with the vouchers thereof within six months from the day of sale aforesaid.
R. PERRY. Cumberland, February 26-3w
NOTICE.
BY virtue of a power of attorney to me given by George N. Thomas, I will offer for sale, on Tuesday 8th day of March next, if fair, and if not, the first fair day thereafter, at the Bridge across the Eastern Branch, and on the south side of the Bridge, three NEGRO MEN, for cash. These Ne- groes are young and healthy, and one of them is an excellent carpenter.
RICHARD B. GARDINER. February 22-t8Mh
FOR SALE.
THE Two story Brick HOUSE, situ- ate on square number 930 in the city of Washington now occupied by Mr. Tunis Craven, as a retail store. The eligi- bility of this stand for the retail business is excelled by none in this city; being si- tuate on the principal street to the Navy Yard, and very near the Navy Yard Gate. Any person desirous of purchas- ing the above property may be shewn it by applying to the subscriber, who will also make known the terms of sale WM. BRENT. Washington city, Dec. 18-wtf
UNION MANUFACTURING COMPANY OF MARYLAND.
THE Books for receiving Subscrip- tions to the Union Manufacturing Company of Maryland, will be opened on Monday the 7th March next, and will remain open for that purpose for two days, in different parts of that state as designated by the articles of association of the company-the capital stock of the company, is to consist of one million of dollars, in twenty thousand shares of Fifty Dollars each; two dollars and fifty cents whereof, to be paid at the time of subscribing.
The Commissioners appointed for the town of Baltimore, have lodged a Sub- scription PAPER, at the Bank of Co- lumbia, and another at the Office of Discount and Deposit, in the city of Washington, which will be opened on the days above mentioned, between the hours of Ten and Three to receive any subscription which may offer not ex- ceeding Five Hundred shares at each place. A pamphlet containing the Re- port of the Committee, and the Articles of Association may in the mean time be seen at either Bank. February 26-tMh
A BRICK HOUSE AND LOT FOR SALE.
ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 133 feet, with the improvements there- on, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of 35 dollars per annum, and the benefit of a coven- ant to purchase the fee simple there- of.
On default of payment of three years rent, the subscriber has been put in pos- session of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold, subject to the conditions of the former lease, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled gentle neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Herty, prior to the day of sale.
JOSEPH NOURSE.
Terms of sale, a negotiable note with an approved endorser, payable 60 days after date.
The Sale of the above Property is postponed until Monday the 14th day of March next, when it will be offered for sale at the hour and place above-men- tioned.
February 17-tldos
TUNIS CRAVEN
HAS removed his entire stock of DRY GOODS from Alexandria to Washington, and is now opening, at his new Store, between the Marine Garri- son and Navy Yard Gate, an assort- ment equal to any in the District; - among which are,
Wood's best London cloths, Do. double milled & plain cassimeres, Bennett's cords and velvets, Constitution, Gerrow, hunting, Tra- falgar, and silver cords, Velvets, Imperial, Brunswick waistcoating, Silk moleskins do. Tollnets, swansdown do. Plain and figured Marseilles do. Blanket coatings, Plains, kerseys, halfthicks, Rose and duffel blankets, flannels, Superfine green cloth table covers, Calicoes, colored cambrics, Gingham, silk and cotton chambrays, Furniture Chintz, Cambic and jaconet muslins, India and British book do. India mullmull figured and plain, Plain and figured lenoes, Laced cambrics, Elegant tambooured mulls, Grecian robes and Pelisse dresses, 8-4 damask and raw silk shawls, Damask scarfs, Camel's hair and swansdown do. Down scarfs, Long and short lace sleeves, spider & nett sleeves, Extra long and habit kid gloves, Do. do. silk do. Do. do. raw silk do. Cross-barred and plain Mantuas and lutasstrings, Persians and Medes, Thread and cotton laces, Lace caps and handkerchiefs, Book muslin and leno cap patterns, 4-4 7-8 Irish linens, Long lawns, linen cambrics, Irish diapers, table-cloths, napkins, Cotton counterpanes, Cambric Dimities, Common do. Furniture do. Ladies' and gentlemen's silk, thread, cotton, worsted, lamb's wool & Angola hose, Gentlemen's pantaloons do. Silk cords and buttons, Ribbons, floss threads, Scarlet and other colored bombazets, Hearth rugs, Russia sheeting, tick- lingburg, Osnaburgs, baftas, gurrahs, &c. &c.
ALSO, Imperial and young hyson tea of a superior quality in small boxes, to suit families, or by the pound-Also genu- ine Havana segars.
T. C. is determined to sell on the lowest terms. February 3-tf
United States, District of Columbia, county of Washington, to wit.
IN CHANCERY, 9th OCTOBER, 1807. Benjamin Stoddert and John Mason, versus
Thomas Waters Griffith, John R. Li- vingston, Jonathan Burrell, Gahault & Dodrey, James C. Montflore, I. I. Picaud and James Davidson.
THE bill states that the defendant, Thomas Waters Griffith was the agent of the house of Taney and Simmond for the delivery of a cargo of flour be- longing to the said Taney and Simmond to the French government. That the French government not being able to pay ready money for the said cargo, the balance due thereon from the said gov- ernment was placed to the credit of the said Griffith, the agent, instead of be- ing placed to the credit of the real own- ers Taney and Simmond. That the debt so due hath been liquidated under the Louisiana Convention in the said Griffith's name, for the sum of one hundred and ninety thousand, two hundred and seventy francs, French money of the value of 35,675 dollars. That the said Thomas Waters Griffith, now residing and for several years past having resided in Baltimore city in the state of Mary- land, well knowing all the circum- stances mentioned in the complainants said bill, and that the debt aforesaid was liquidated in his name in Paris under the Louisiana Convention was in truth and in fact a debt due to the said complainants as the trustees of Francis Lewis, Taney, and Taney and Simmond, did execute a writing transferring all the interest of said Griffith in the said debt to the said complainants as trustees aforesaid. That notwithstanding the above circumstances the said Griffith did employ James C. Montflore of Paris to receive for his own account and use the aforesaid debt, which actually belongs to the said complainants as trus- tees aforesaid; and the said Montflore did actually receive the bills or the ministers of the United States, on the Treasury of the United States in part payment of the said debt in four sets of bills drawn in favor of said Thomas Waters Griffith, and which bills have been fraudulently endorsed by the said Montflore, with a view as the said complainants believe, to defraud them the said complainants, and under a real or pretended power from the said Griffith and as his attorney to the said I. I. Picaud, who endorsed the same over to John R. Livingston, who has endorsed the same over to Jonathan Burrell, cash- ier of the Bank of Discount and Depos- it at New York, who has endorsed them over to James Davidson cashier of the Branch Bank of the United States in the city of Washington who now holds the same for collection. The complainants further state that four other bills for the balance of the aforesaid claim on the French government liquidated in the name of the said Griffith, but actually belonging to said complainants as trus- tees as aforesaid, have been drawn in favor of Gahault and Dodrey as trans- ferees of Thomas Waters Griffith, for thirty thousand francs French money of the value of 5625 dollars, which said four bills have also been sent to the a- foresaid James Davidson, and endorsed over to him for collection in the same manner as in the case of the four other bills first herein recited. That all the aforesaid eight bills of exchange drawn by the American minister at Paris on the treasury of the United States under the Louisiana Convention for the debt liquidated in the name of Thomas Wat- ers Griffith, are actually the property of said complainants as trustees afore- said. The object of the said bill is to save and protect the said complainants from the fraud projected against them on the part of the said Thomas Waters Griffith, and his co-adjustors, and to ob- tain a writ of injunction directed to all the before-mentioned defendants, &c. and particularly to the said James Da- vidson enjoining and commanding him from paying over to any person besides the said complainants the money that may be paid by the Treasury of the United States in virtue of the said bills of exchange, and particularly enjoining the said James Davidson from paying the said money arising from the said bills, or parting with the said bills until the further order of this court in the premises.
It is represented by the complainants that the said Thomas W. Griffith, John R. Livingston, Jonathan Burrell, Gahault and Dodrey, James C. Montflore, and I. I. Picaud, defendants in this cause all reside out of the district of Columbia and are not within the reach of the pro- cess of this court. It is therefore order- ed that the complainants cause a copy of this order to be inserted once each week for six months previous to the first Monday in June next in the National In- telligencer, to the intent that the said defendants may have notice of this ap- plication and of the object of this bill and to be warned to appear in this court in person or by solicitor on or before the first Monday of June next, to shew cause, if any, why a decree shall not pass as prayed.
By order, WM. BRENT, Clk. December 4-w6m
FRESH RAISINS, TEAS, &c.
Now landing from on board the schooner CITIZEN, Capt. Sturges from New York, and for sale by
W. & C. SMITH.
50 boxes fresh Muscatel raisins, 30 chests choice hyson, young hyson, hyson skin and imperial teas, 10 quarter casks Lisbon wine, 11 boxes Prussian fig blue.
Also just received, 10 puncheons well flavored Antigua rum, 10 pipes cognac brandy, 4th proof, and a small supply of excellent fresh nutmegs.
Georgetown, Jan. 15-wtf