The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1806-06-16 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. VI.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. DCCCLXXXVI
FIVE DOLLARS PER ANNUM.
MONDAY, JUNE 16, 1806.
PAID IN ADVANCE.
LETTER OF MR. T. M. RANDOLPH. (CONCLUDED.)
Another was immediately brought forward, to put a sum of money into the hands of the executive to open a negotiation with Spain for the purchase of the Floridas, which contain, besides the strip of country claimed by the United States, lying eastward of the Mississippi, a separate province of considerable extent and value, and of incalculable local importance to the union. That province, East Florida, contains an immense body of unsettled land of good quality, in a wholesome climate, which admits the culture of the most valuable kind of cotton throughout, and on the eastern extremity it is said even that of coffee to advantage. It has a great extent of sea coast, along which the whole trade of the Mississippi, promising very soon to be much the largest portion of the export trade of the union, must pass. As long as this coast is held by another power, that trade may be annoyed by public or private cruisers of all sizes, from the frigate to the barge, which may ride with safety and convenience in its harbors, or lurk behind its reefs for that purpose. But when possessed by the United States, gun boats alone will be sufficient to place the same trade in perfect safety. The United States have no claim upon any part of this province.
West Florida, which was originally part of Louisiana, and is claimed as such by the United States, contains no great quantity of valuable land. By its position, however, it separates so completely the territory of Orleans from the Mississippi territory, that the mails of the United States cannot be carried by land to New Orleans without the indulgence of the Spanish governor. It includes the only outlets to the sea of the north western part of Georgia, of the eastern, the central, and more than half the western part of the Mississippi territory, which are watered by some of our best rivers. One of these affords the only ready and convenient route for the return trade of the country of the Ohio, the Tennessee, the Missouri, and all the upper branches of the Mississippi. The object of those who brought forward this proposition, was to offer a liberal price for the province to which the United States had no pretensions, yet would derive immense benefit from possessing, upon condition that the province in dispute should be given up in the bargain, and that a boundary between the two nations on their southwestern frontier should be established upon a just and equal construction of the terms of the treaty as explained by the evidence of history. The claim for spoliations would of course be urged in the new negotiation, and could be readily provided for out of the money to be paid for East Florida.
Their opponents declared the plan to be nothing less than buying again what we had already paid for, and at last pronounced it to be a disgraceful scheme to purchase peace. They said that the money would be employed in bribes at the French court, to induce that power to compel Spain to acquiesce in our views. They declared it infamous to form any contract of that nature with Spain, while France had so much control over her councils, that she could not exercise free will. They laid hold of an expression which had been used in an unofficial conversation by an eminent member of the executive branch of the government, that it appeared to him France discouraged an accommodation of the differences between us and Spain, with the view to produce another purchase of territory for the benefit of their joint coffers. They pronounced that France had dishonorable views of obtaining money at the expense of Spain, and that the proposition to purchase was an ignominious concurrence with those views on our part, produced by the threats of that power. This last assertion is founded solely on a civil and candid answer given by the French minister of foreign affairs to a question of serious interest, put to him by our ambassador at Paris; whether France would take part in the war, in case of hostilities between the United States and Spain; to which the reply was that she would of course give aid to Spain. Merely an avowal that a connection as intimate exists at present between the two nations as that of the ancient family compact, through the force of which and its effects upon other powers, Spain was brought in along with France to our aid in the struggle for our independence. A simple confession, which could not at the time have worn the aspect of menace, because expressions of regret at the serious appearance of the differences between Spain and the United States, the sincerity of which there was no sure reason to doubt, had been previously used. But the soundest judgment, the best understanding, and the most ingenuous moral disposition may not always guard warm and quick tempers in the glow of ardent debate, against precipitancy and inconsistency, against unsound views or unwarranted inferences and constructions. They suggested that we should pay our money upon a risk, for the title made by Spain under the influence of France, might on a favorable occasion be revoked by
the former power, when her government fell into the hands of other men. That it was a sacrifice of our future repose as well as our honor to escape a present difficulty.
They did not succeed, however, in communicating their punctilious sentiments to the majority of the House. The members composing it could not understand why, as France was bound to join in the war on the part of Spain, if the affair came to that issue, she might not with propriety use the influence over her councils which naturally arose out of that obligation, to procure measures which would avert war. They could not see how, under such circumstances, the title made to us by Spain would be rendered questionable by her exercise of that influence. They would not admit that we had a right to take into consideration the probable application of the money by Spain, after she had given us her receipt for it. They would not concur in the unjust suspicion that it would be employed for infamous purposes in Paris, and that there was a probability of its being dissipated there, without attaining the end contemplated. They persisted in thinking that if we could get our just rights established, procure a territory of great importance to us, and secure peace at the same time by making a regular purchase of East Florida at a liberal price, although it might be afterwards said something had been allowed to extinguish the claims of Spain upon West Florida, and part of south western Louisiana, yet that the peace not only could not be an ignominious one, but that the termination of the dispute would be entirely honorable and satisfactory. They saw no humiliation to their country in offering to France and Spain combined, the alternative of assured peace and a generous price for Florida, or the manifest risk, from inevitable collisions of war, with its certain consequences, the invasion of Mexico and Cuba. Two millions of dollars were appropriated and put into the hands of the executive, without an express declaration of the object intended, which could have had no other effect than to show a want of confidence in the wisdom, purity, and disposition of the chief magistrate to promote the views of the legislature, which did not exist except in the breasts of a small minority.
A resolution was extorted from the House, expressive of an opinion, that an exchange of territory was the most eligible mode of settling the dispute about boundaries. But this was a negative declaration, for Spain had already rejected a liberal offer of that kind, upon the ground of confidence in the justice of her claim to the whole. The words of the resolution too rendered an arrangement of that kind, in strict compliance with it, difficult in general, and impracticable in one point. Retaining all the country watered by the Mississippi, and yielding all the remainder, the line of demarcation would have been difficult to describe on the earth, and impossible to guard. An ample barrier on the side of New Mexico could not have been given to Spain under that restriction, for the waters of some of the branches of the Mississippi interlock with those on which stands the capital of that province, at no great distance from which some of the sources of the Red river and of the Yellow Stone branch of the Missouri are known to exist. The principle of exchange too was in direct opposition to the spirit of some of the arguments most warmly urged by the opponents of purchase. If, as they said, the national honor was concerned in the support of the claim, what difference could they show between giving one half of the country in dispute to secure the other, and paying a small part of the value of the whole to obtain a relinquishment of the whole? On the score of interest there is indeed a manifest difference in favor of the latter. But it was never contemplated, by a part at least of the favorers of the proposition to purchase. They considered themselves as holding the following language to Spain—We will not take the purchase of Louisiana from France as the standard whereby to fix the price of East Florida. We will pay for it, all that we can make out of it, or save by its possession. The value of its lands, the convenience of its harbors, the advantage of holding so important a line of coast, the revenue of imposts we shall derive from it, the benefit of having in our own hands the outlet to the sea of the Apalachicola, even the additional command the possession of the province will give us over the Creek nation of Indians, all shall be fairly taken into the estimate, but we must have West Florida in the bargain, and a just arrangement according to the treaty, in the south west. This is our final proposal. We do not think ourselves dishonored by making another attempt at accommodation, although that recently made in your own canal, through one of our citizens whom we honor most, was met by you with such disrespect or indifference. Tranquility is not an interest only, but the preservation of our people. We shall not sacrifice it to punctilio. We entreat you, however, to reflect, that from the
nature of our political system, insults given to our government touch every breast in the nation, and that a ferment excited in a large mass is not easily allayed. We shall make our application to you this time through your ally for two reasons. First, because the intimacy of your connexion necessarily involves him in the consequences of a failure to accommodate our differences, and we believe that although he has the least reason of any power on earth to dread war, that he sincerely prefers peace. Next, because we conceive his honor to be implicated in the decision of the question between us, upon principles such as we propose. If the secret explanation between you of the descriptive words of your treaty of 1800, was a promise on his part that you should continue in possession of West Florida, surely it was equivalent to an acknowledgment that West Florida was included by the expressions of his treaty with us, and that it has been fairly conveyed to us, since we were not informed of his secret promise to you. If that explanation was an impartial construction made between you, of the terms of the treaty, he will not hesitate to acknowledge that it is not binding on us, as he made no provision for its adoption in his treaty with us, and that he cannot be a fair arbiter between us, in establishing a construction, since he has given his opinion against us already. But where can we find an arbiter if he is thus excluded? What would be his feelings if upon agreeing on one, another construction contrary to his should be rendered, and Spain be deprived of what he has assured to her? In either case an accommodation of the kind we propose must be desirable to him.
It was during the debate on this question, that extraordinary imputation was cast on the Executive branch of our government, by an eminent member in his place, which must have reached your ears, and cannot fail to have given serious disturbance to your mind. He stated, that he had received information from undoubted authority, of a design having been conceived by the Executive to draw a sum of money from the treasury, for the purpose of commencing a negotiation for the purchase of the Floridas, previous to the appropriation by law; and that the intention had been regularly intimated to the head of the treasury department. An eager and anxious inquiry was of course the immediate effect of such an assertion. The information obtained was, that at a meeting of the heads of departments, convened for consultation, some time before the legislature assembled, the President had given an opinion that the plan of accommodation, since adopted by the legislature, was the most eligible; that the circumstances then existing of the European powers, rendered that juncture the most favorable possible for the commencement of such a negotiation, and that the probability was, it would become less so, if not wholly unfavorable, before Congress could decide on the measure. He then suggested as a matter of deliberation, how far it might be advisable to anticipate an appropriation, by instructing the minister of the U. S. to enter into a negotiation immediately on the basis of purchase. After some discussion the subject was dismissed, with the determination to wait the decision of Congress. By the official declaration of the Secretary of the Treasury to the House of Representatives, it became certain, that the member was entirely under a mistake, as to the fact of the application to that department. A mistake, which it appeared himself and two others had been led into, by an imperfect communication or comprehension of the occurrences I have stated, in a conversation with that officer.
The question of appropriating money to purchase Florida, was discussed in secret, for the obvious reason that to proclaim the intention of making a bargain, not only renders it more difficult to insure advantageous terms, but exposes the party to the machinations of all who have an interest to defeat his design. In this particular case, it was manifestly the interest of G. Britain to render the design abortive, for she would thereby not only hinder the coffers of her enemy from being replenished, but might eventually cause to fall into the scale against him, a weight by no means insignificant in the estimation of either. Diplomatic conferences too, which are the materials of debate, and the ground-work of measures in all questions relating to foreign affairs, have always been deemed, from their nature, confidential between governments, and the publication of them to the world, while the characters concerned are in a way to be affected by it, is apt to produce strong resentment in Europe. And while the great powers of the earth continue to be under the absolute command of single men, who are governed by their passions, and swayed by their transient feelings, there will be room for apprehension, that the ungarded language of the indiscreet, or the violence of warm tempers, may mar the best prospects and produce excitements destructive of the tranquillity of nations. Besides, to insure that freedom in debate, which is requisite to fair discus-
sion, it is absolutely necessary when a great foreign power is the object of the measures proposed, to debate in private. The fear of exciting unfavorable feelings abroad by expressions uttered from a body which holds the sword and purse of a nation, will otherwise prove a pernicious restraint upon the minds of the discreet. Thus while the observance of secrecy as to the communications from the Executive of foreign correspondence, and as to the measures contemplated, is dictated by prudence, privacy of debate on certain occasions is not only consistent with the spirit of popular government, but is demanded by its most essential principles. At the same time, however, those principles imperiously demand the earliest promulgation which the considerations stated will admit, and it cannot be neglected or delayed without an unpardonable violation of them. In this case, although the invitation from the Executive to privacy met no opposition, and was adopted without hesitation, yet very soon exertions were made to give premature publicity to the measure determined on, the sentiments uttered during debate, the confidential communications of the President, and the foreign correspondence on the subject, which succeeded as to the first, and of course the second, though they failed as to the remainder. Privacy of legislative proceedings in popular governments was pronounced altogether inadmissible, and determinations were proclaimed to oppose all future orders of secrecy on whatsoever ground they might be proposed. It was said that already, from the slack observance by the members themselves of the order of the House, by the vigilant and dexterous cunning of a certain foreign minister, and by the ardor of the editors of gazettes to gratify public curiosity, the whole substance of the secret proceedings had transpired. An assertion by no means altogether unfounded, yet affording no argument at all to defend a formal promulgation of the whole proceedings at such an unseasonable time. For the public had what information on the subject it possessed entirely on the footing of conjecture, too vague to excite the jealousy of G. Britain, or to inflame the malcontents of Louisiana, who had become quiet at length, from the stronger hope, perhaps, which they cherished, of reunion with Spain, and from whose despair events might ensue of a nature to prove serious obstacles to the negotiation about to commence. Complaints were uttered of the injustice done the minority in refusing them permission to explain and defend their conduct to their constituents, when it had been rendered necessary by the unpopular vote they had been compelled to give by their knowledge of the course to be pursued with regard to Spain, upon a great question that was discussed and decided in public; that of our differences with G. Britain, a strange and heedless admission, which the well known political standing of those gentlemen contradicted of itself. For how low must that representative be in the confidence of his constituents, who could not at once effectually restrain their impatience to censure his conduct, by assuring them that he was prevented only by a public crisis which demanded secrecy, from giving them that entire satisfaction with regard to it, which he was ready to do, and would not delay a moment longer than necessary for the security of their important interests. Unfortunately a small number of the House of Representatives lost sight of the importance of secrecy in such circumstances, and of the consistency of conduct due from them. Without the smallest change of circumstances, or a single argument which had not equal force at the commencement, the injunction of secrecy, as to the debate, and the measure adopted, was removed. Immediately the intention to make purchase of the Floridas, the sum allotted as earnest money for the purpose, the reliance on the success of that measure, which was displayed in the rejection of the proposition to increase the regular troops, all became officially public. Much of the inflammatory declamation of the private debate, all the offensive sentiments uttered against France and Spain, the charge of venality upon the court of the former, and the imputation of servility against that of the latter, have been since given to the world under legislative sanction, in the gazettes of the union. Papers which, it is said, find their way as certainly to the bureau of foreign affairs in Paris, and to the mantle piece of the imperial Boudoir, as they do to the counting rooms of our merchants, and the breakfast tables of our country squires. The sensation produced some years since in France, by insinuations of the same nature, cannot be forgotten. The fate of the negotiation may justly be deemed uncertain. If it should fail, war with France and her allies, Spain, Italy, and Holland, may possibly be the consequence. War with France, after she has trampled Austria in the dust, driven the arctic bear howling with anguish back to his polar prison, and rendered mute the British lion. For myself I do not despair of the favorable issue of such a contest, if it should be
forced upon us.
I do not from that apprehension regret the rejection of the late proposition to increase the standing army, although I deem it possible that we may soon require a hundred thousand men instead of four thousand. If war is to take place, I sincerely wish we may receive the first blow, not only that we may give evidence to the world of the sincerity of our pacific professions, but that the spirit of the people, may be completely roused, and our trifling dissensions, indeed, that the irresistible elasticity of the American character may be completely displayed. I cannot, however, cease to regret the indiscretion in debate, and the much less excusable fluctuation of opinion, which may possibly have opened the way to inculable calamities.
Your friend,
TH. M. RANDOLPH.
FOR THE NATIONAL INTELLIGENCER.
UNIVERSAL BLOCKADES.
The government of Great Britain does not appear sufficiently to consider the nature and consequences of the measure of universal blockade, which they are said to have adopted. The measure is in fact improperly styled a blockade. It is a forcible suspension of all the trade of the continent of Europe. Switzerland enveloped in Europe, and the United States of America, in a different and remote quarter of the globe, are incidentally subjected to insupportable and illegitimate interruptions of the sales of their agricultural productions and manufactures, and to the most injurious obstruction of their supplies. We can have no vent for the tropical productions which we import. Switzerland, incapable of participating in the operations of France and Russia in shutting the European sea ports, and America having no participation in them, are treated as France and Prussia. The chapter of justice is torn out of the maritime code. The law of nations is mutilated in one part and interpolated in another. America, prevented from supplying the old continent through England, or by direct voyages, can raise no money from domestic or foreign goods to pay for European merchandise. She cannot therefore import such merchandise. She cannot raise duties or revenue thereon. This is a condition, which the United States are unable to endure. It is quite unnecessary to consider, whether we shall be willing or will consent to endure such a state of things, for it is not in our power to bear it. We must use our accustomed medium (domestic and foreign goods) to purchase or to procure supplies. If we cannot sell our domestic and foreign goods abroad, we must work them up and consume them at home. Beer, cider, and fruit and grain spirits, made at home, must soon exclude foreign beer and rum. Europe takes no sheep's wool from us, wherefore we must extend our prohibitions of woolen goods at the next session of Congress, that Europe and America may be forced to manufacture the raw materials we produce for sale and exportation. Two millions of females and many children in the United States, who do little now but needle work or play, must be taught to card, spin by machines, knit, weave, dye, print cloths, engrave, gild, paint, and perform other operations in manufactures. If the manufacturing nations unwisely and unkindly destroy the export trade of our produce, we must manufacture it. The current of British supply will be turned aside, because we cannot lose the value of our crops, and buy of them any longer to the amount of 50 millions of dollars per annum. It is the plain interest of G. Britain to facilitate the sales of crops and foreign goods, the proceeds of which enable us to buy their manufactures. Instead of facilitating, she destroys the net proceeds of sales by illegitimate blockades; it will force us like the new Robinson Crusoe, to work up our crops for ourselves. As there is not a section in the law of nations to justify this destruction of neutral trade, in goods not contraband, so it is manifest that she converts the trident into the sceptre of naval despotism. Wise, and learned, and upright judges, cannot condemn the property of the innocent infractors of illegitimate blockades. Conscience, in an enlightened and independent judiciary department, is not to be moulded by "orders" of the executive government. "Resentment" against Prussia cannot there warrant lawless injustice to the U. S. of America. There is no authority in the British navy to make commercial laws for neutral states. But in has no right to make "orders of king and council" to bind our commerce in all cases whatsoever. But lately we heard the plea of necessity to justify the imprisonment of our seamen and now it is used to justify the prostration of our agriculture and the destruction of our trade in innocent goods—goods not contraband of war. It is easy to perceive the same disposition in the British convention of March 1798, with the late government of Russia.

granted to Mr. T. Pinkney, by Lord Grenville. The papers contained in Mr. Jefferson's celebrated communications of 1793 and 4, with the British & French governments. There was then no necessity. The same disposition appears in the proclamation of admiral Sir Horatio Nelson, of April 11, 1797, before Cadiz, in which he declared that it was "found right that Spain should no longer have any trade!" Here is not even a plea or appearance of necessity, yet admiral Nelson allowed himself so to use his power and commission, as to set up a blockade at the expense of the indefeasible rights of our neutral agriculture and commerce. The order of the British government of November 6th, 1793, was equally unwarrantable and equally unfounded in necessity. It authorised the carrying in of all American vessels having on board the produce of the French colonies. We were in our colonial days and have been since in the course and practice of the legitimate importations of hundreds of cargoes of molasses from the French colonies. The naval despotism of G. Britain in November 1793, made these a cause of seizure—Surely without necessity.—England has allowed a mere corporation of merchants, to usurp the dominions of all the native princes of India, so as to exclude us and all other maritime nations from the whole Peninsula, as if it were a proper estate of their English trading company; and now, to crown the whole, they have determined that we shall not buy or sell with the myriads who inhabit Europe!—that mighty Europe shall no longer have any trade!—that we must carry on trade with their European dominions alone!—that all this is requisite to the manifestation of "the resentment" of the British government at the recent conduct of Prussia! The king of G. Britain was coerced into a neutrality in his Hanoverian character by the power of France. Prussia acted the same neutral part. Now Prussia goes a step further, under equal circumstances of coercion. All the relations and connexions of the British royal family on the European continent (as well by blood as by marriage) act the same part. Yet neutral friendly America, is no longer to be allowed, by the British navy, to sell her crops to these very relations and their subjects. This is undoubtedly a measure of the most excessive nature. Mr. Fox far, very far exceeds Lord Grenville, and Mr. Pitt. To the neutral world, he out Herods Herod. We recently supposed, that tho' faithful Britain, he was still enough of the citizen of the world to love justice and right in his intercourse with the amiable, the right, and the just. Can it be supposed, that the American people will submit to laws of trade , unprecedented and arbitrary, framed by the executive government of that country, whose legislative supremacy, with pleas of "necessity" & virtual representative character, they successfully denied in arms? Will six organized millions in 1806, submit to worse than what two little unorganized millions refused to bear twenty years ago? Is America to bear alleged British necessities, and her own real necessities also? Are reason and justice and fixed principle to be expunged from the maritime code, and the will of a single prince to be the law of neutrals on the ocean? Is this the stile and manner in which Britain protects the liberties of the world? Is it for such purposes, that she maintains it to be necessary , that she should possess the superiority at sea—the sovereignty of the ocean?
The real "necessities" of Britain are at this time completely misunderstood, as we believe, and we have an equal right to think, when the measures alleged to be "necessary", affect us. The discussion of this point may be a subject of future consideration. In the mean time it may be well temperately and firmly, to observe, that to interfere with the legitimate and advantageous sales of the crops and merchandise of the greatest neutral and friendly consumer of British manufactures, at a moment too when the rest of the civilized world throws them on the hands of the British manufacturers, appears to us to be as unwise , as it is unlawful , unexampled, and insupportable. Their real necessities demand that they diligently increase our ability and our means and our dispositions to purchase their redundant and rejected manufactures by enabling us to sell our crops and foreign merchandise at increased prices. Instead of this, they propose an illegitimate and offensive obstruction of our markets, to the proportionate destruction of our means of purchase, forcing us by a necessity, real and imperious , to manufacture those foreign and domestic raw materials, which must otherwise perish in our hands.
WASHINGTON CITY.
MONDAY, JUNE 16.
COMMUNICATION.
To correct the errors and misrepresentations of certain private sheets, that have been privately circulated by Commodore Truxtun, the following state of facts, with the accompanying remarks, is published.
Commodore Truxtun in the month of January 1802 was ordered by the Secretary of the Navy to repair to Norfolk, and to assume the command of the frigate Chesapeake. The instructions, in relation to the command he was to have as commodore of the Mediterranean squadron, were postponed by the President until the ship was ready to weigh anchor. Adverting to the accidental circumstance that captain James Barron had been with commodore Dale as the first officer of his ship, and
knowing at the same time that the temper of commodore Truxtun was somewhat suspicious, the Secretary of the Navy informed him that he should have as his first officer captain Campbell, who accordingly had proceeded on his journey towards Norfolk as far as the city of Washington; but in consequence of a recent injury in one of his knees he was unable to proceed further, and was moreover represented to the Secretary of the Navy as at that time unfit for duty. This was communicated to commodore Truxtun, who immediately in high dudgeon tendered to the Navy Department his resignation (under certain qualifications) by letter dated March 3, 1802, of which the following is an extract.
"I note what you say of captain Campbell; if he cannot go, I trust you will send Rodgers or some other of capability. The officers destined for this ship are all young and very inexperienced—and though in due time may be clever, they are deficient at present—and the task for me on the intended service, would be too severe without some aid—and I have had heretofore much trouble in organizing a squadron and at the same time attending all the duty in detail on board my own ship. Under these circumstances, and having a reputation to lose which I am very tenacious of, I should consider myself wanting in that duty which I owe to myself and to my family, if I was to proceed without being placed in a situation similar to the commander of the squadron now in the Mediterranean, and if this cannot be done—I must beg leave to quit the service."
By the order of the President the resignation of commodore Truxtun thus tendered was accepted, and the following is the letter of the Secretary of the Navy to him.
COMMODORE TRUXTUN, Navy Department, 13 March, 1802.
SIR—I have received with real concern your letter of the 3d inst. notifying your determination to quit the service, unless you can have an additional captain to command your ship under you. The condition, sir, is impossible. It is well known that from the reduction of the officers in pursuance of the act of Congress of the last session, there is not at this time within the United States a captain of the navy that we could require to take a secondary station on board a ship. As this must have been known to you I cannot but consider your notification as absolute. It is to be regretted that it had not been made at an earlier period, so as to have allowed me to ask from you a reconsideration of the subject: But at this moment, when the ship is almost ready to depart, neither the object of her destination, nor the expences of the delay will allow time for negotiation. I would presume too that you had deliberately viewed the case under all its aspects, and that no considerations which I could present, would be new to your mind. It remains then for me, however reluctantly, to acquiesce in your determination, and to lessen as much as possible the expence and injury, which such a notification at this point of time may occasion, by dispatching, as I have done, orders to captain Morris at Boston to repair immediately to Norfolk and to assume the command of the Chesapeake. Until his arrival I have committed the charge of the ship to Lieutenant Smith.
I have the honor to be, Your most obedient servant, R. SMITH.
To this letter, thus accepting his resignation, the Secretary of the Navy received from commodore Truxtun an answer, dated March 22, 1802, of which the following is an extract of what relates to the point in question.
"I am honored with your letter of the 13th, and note its contents, which is well. The only part of it that I feel hurt at is your mention of regret that I did not make known to you my determination at an earlier period. It is not however necessary for me to dwell much on the subject, now the business is settled, but I must remark that the cold reception of the President at Washington, and the conduct I met there (unnecessary to mention here) was far from inducing me to believe that the appointment I held was congenial to the feelings of Mr. Jefferson."
Three years and an half after commodore Truxtun had thus quit the service, the following letter, with its enclosure, was addressed by him to the navy department.
OFFICIAL.
Hon. ROBERT SMITH, Esq., Secretary of the Navy.
Philadelphia, 7 Sept. 1805.
I never intentionally wrote an ambiguous letter in my life that I remember, but have ever wished to be explicit in every thing. At the time I wrote to you my letter of the 3d of March, 1802, from Norfolk, I was extremely unwell, although I kept about as much as I could, to facilitate the frigate's equipment and departure for the station she was intended. I was, however, finally obliged not only to go to and remain confined in my chamber for a time, but to my bed—and after being removed to a vessel when scarcely a convalescent, and reaching my farm in New-Jersey, I was again confined in the same manner for a length of time, and few, if any, not even physicians, expected that I should ever again be restored to my usual health. In the state of health then that I was in, and the state of mind too, when I wrote to you on the 3d of March aforesaid—it is possible my letter in some particular may have appeared to you ambiguous, or wanting farther explanation—but the intention of that letter was simply to communicate to you my desire of leave to relinquish the
command on the Mediterranean service, without a second captain being furnished me, and it would have been immaterial to me, whether he had been of the 1st, 2d, or 3d grade, a full captain—master commandant, or lieutenant commandant.
The inclosed letters from my friend, Charles Biddle, Esq., and from commodore Dale—the former I wrote to at the same time I wrote to you from Norfolk as already mentioned on this subject, and when I wrote to several other gentlemen, and with whom I have often conversed since, will corroborate my explanation of my letter of the 3d of March 1802—and the latter gentleman, who I was to have relieved in the Mediterranean, arrived in Hampton Roads from off that service with the frigate President, I think on the very day captain Morris received from me the command of the Chesapeake, and he commodore Dale very well recollects that I then said to him, and on all occasions since have said to him, when that subject has been introduced, that I merely withdrew from the Mediterranean command, because I deemed farther aid than was furnished necessary for that service, and that I had at no time any intention of resigning my commission, or leaving the general service of the navy, otherwise I should have most certainly forwarded to you my commission, as is usual when a resignation is made. But permit me, sir, to add farther that no letter written by me after I took command of the Chesapeake, prior or subsequent to that of the 3d of March aforesaid, public or private , which has any thing in it conveying an appearance of the smallest intention in me of resigning my standing in the navy. It would be useless for me to add any thing farther in this letter than to pray you write me fully of my situation, and to accept my sincere respect, and that esteem with which I have the honor to be,
Sir, your obedient humble servant, THOMAS TRUXTUN.
P. S. I could most certainly produce many other letters written to my friends and their answers similar, but that cannot be necessary in this case for Mr. Secretary Smith.
T. T.
CHARLES BIDDLE, Esq., Philadelphia, 7th Sept. 1805.
My dear sir, Much having been said every where whether I had resigned my commission in the navy, or simply declined the command of the Mediterranean squadron, in consequence of not having a captain sent me to act as a second captain under my broad pendant on board the frigate Chesapeake, as had been agreed by the secretary of the navy, I feel it due to myself as well as to others, to inquire of my friend, Charles Biddle, to declare and pronounce candidly as a man of honor and a gentleman, how he precisely understood, from the moment I quit the command of the squadron to the present time, from every conversation he has had with me, this thing to be. Commodore Dale is my predecessor, commanding in the Mediterranean, and he returned to Hampton Roads a short time after my declining to command the squadron without a second captain as aforesaid; and he must know from myself, whether I had resigned my standing in the navy, or whether I had simply resigned, or begged leave to decline the Mediterranean service, in consequence of my not being properly equiped for such a command, or as he had been equiped, and as I had deemed necessary and proper, and as it appears the government deemed necessary and proper by a letter I have from general Dearborne, dated 13th June, 1801. It is of some importance that these things should be clearly understood, for they have lain dormant a long time, and you will be pleased to ask Dale to declare simply by note his opinion on this question, which is to me, at least, of some magnitude, because what I have said and written to you, I have said and written to others, and I use but one language, though it is possible Mr. Secretary Smith may have considered some expressions in my letter of the third of March, either ambiguous or wanting of explanation, and in either case I am ready to explain.
Accept assurances, my dear sir, of the high consideration, respect and esteem, with which I am always yours, &c.
THOMAS TRUXTUN.
COMMODORE TRUXTUN. Philadelphia, September 7, 1805.
Dear sir, From your letter to me at the time you resigned the command of the squadron going up the Mediterranean, and what has since passed between us on the subject, I know you had no intention of resigning your commission, and I am very certain you would not have given up the command of the squadron had a captain or lieutenant commandant been appointed under you; and I do believe had you been consulted, and government had put it in your power to have appointed one from the officers then up the Mediterranean, you would have sailed without either.
With much esteem, I am Sincerely yours, CHARLES BIDDLE.
COMMODORE DALE. Philadelphia, Sept. 7, 1805.
Dear sir, When you arrived from the Mediterranean at Norfolk, did you understand from commodore Truxtun, that when he gave up the command of the squadron to Morris, he had resigned his commission? Or have you at any time since heard him say he had resigned?
Your obedient servant, CHARLES BIDDLE.
CHARLES BIDDLE, Esq., Philadelphia, Sept. 7, 1805.
Dear sir, In answer to your inquiry of me respecting what I heard when I arrived at Norfolk from the Mediterranean, about commodore Truxtun resigning his commission, I can with confidence say that I did not understand at that time that he intended to resign his commission, from that time to the present, I have understood from commodore Truxtun that he did not resign his commission in the navy.
I am, sir, with much respect, Your obedient servant, RICHARD D. L. E.
As the sole object of commodore Truxtun in this last letter, with its enclosure, was to be re-instated in the navy, and as the officers of the navy, and especially the captains, were essentially interested in point of honor in the decision, the President was restrained by considerations of delicacy from taking his application seriously under deliberation, until he had been favoured with the views of some of the officers. For this purpose the opinions and feelings of the captains, who were in the United States, were ascertained. This was done, not as commodore Truxtun has fancied, to decide whether his letter of March 3, 1802, was or was not a resignation, but to ascertain whether under the explanations and excuses of his last letter of Sept. 7, 1805, they would willingly acquiesce in his being again considered in the navy in his former rank. The following letter was the result:
COMMODORE TRUXTUN, Navy Department, 10th February, 1806.
Sir, Your letter of the 7th of September, 1805, has been submitted to the President, who, from a due consideration thereof in all its relations, and according to the opinion, nearly unanimous, of professional men consulted thereon, has specially charged me to inform you, that having by your letter of the 3rd of March, 1802, quit the service, and having received from this department a letter dated the 13th of the same month, acquiescing in your determination, you cannot now be re-instated consistently with the privileges of the captains and other officers of the navy of the United States.
With great respect, I have the honor to be, Sir, your obedient servant, R. SMITH. [To be continued]
CONGRESS.
HOUSE OF REPRESENTATIVES
FRIDAY, MARCH 28.
DEBATE.
On concurring with the committee of the whole on their agreement to the following resolution.
Resolved, That a contractor under the government of the U. S. is an officer within the purview and meaning of the constitution, and, as such, is incapable of holding a seat in this House.
MR. FISK said he sincerely regretted it was not in his power to vote for this resolution. He regretted there was no such principle in the constitution as it prescribed. Such a principle not being in the constitution, he did not conceive it in the power of the House to make the provision. It was not in his opinion in their power to say a man should not hold a seat in that House who was not prohibited by the constitution. It was on this ground only he was against the resolution under consideration.
MR. J. RANDOLPH. I think the gentleman from Vermont may in perfect consistence with the principle he has laid down, which I do not mean at present to contest, give his vote in favor of this resolution. He says that this House has not a right to make a disqualification which the constitution itself does not attach to the tenure of a seat on this floor—that the constitution draws a line between the qualification and disqualification of a member, and that this House has no right to alter them. What do we propose to do? To add a new disqualification? No—to do that which the constitution puts in our hands, which it not only authorises but enjoins upon us. The constitution declares that each House shall be the judge of the qualification of its members. It is clearly then the duty of the House to expand what is or is not a disqualification; and we are now only about to declare what is such a disqualification,—merely to expand the constitution on this head. I know some gentlemen are startled at the idea of expounding the constitution. But do we not do this every day? Is not the passage of every act a declaration on the part of this House that a decision upon it is among their constitutional powers? Or in other words, is it not an exposition of the constitution? So in this instance, I will suppose a man returned to serve as a member of this House, and that he is declared for some reason to be disqualified from holding a seat. This according to the gentleman would be expounding the constitution. We propose doing no more than saying if the secretary of state, or chief justice should come here, they cannot hold a seat. We say that an abuse exists under the constitution, and offer a remedy.
I have heard some quibbling about the meaning of the word officer. What
is the meaning of officer? Agency—it is the office of a man's cook to dress his dinner—a tailor to supply him with clothes—and it is the office of a contractor to fatten on the land—to acquire lordships, demesnes, baronies—extensive territory—the advantage he derives from holding the public money, in virtue of his contract. But it is asked if a contractor is an officer, and whether he can be impeached, because under the constitution all civil officers are liable to impeachment. Would you impeach the marshal of the District of Columbia? It may be answered that you may impeach him, but that you would not probably do so, because that would be breaking a butterfly upon the wheel. Would you impeach a deputy post master? And yet when the post master of New-York accepted his appointment, did he not vacate his seat in the Senate? There is no doubt a contractor is an officer pro tempore —it is not an office in perpetuity, but create for a time be for a particular purpose. And I will ask if it is not more dangerous to the independence of the two Houses to admit commissioners and contractors within their walls than officers with legal salaries and appointments. If we are to admit either, I say give me the legal officer, with a determinate salary and definite powers, rather than the contractor who may gain thousands & tens of thousands of dollars by a single job. But if the gentleman from Vermont, is of opinion that a contractor is not an officer under the constitution, I hope he will join me in another vote, on an amendment which I shall beg leave to offer—this goes only to purge these walls, not those of the other House—I mean an amendment declaring void all contracts made with members of either House; and on this principle: Between the sections of the legislature it is possible for a member to receive a lucrative job, by which he may put thousands in his pocket, and which being completed in the recess, and there being no body to take cognizance of it, it will be impossible to apply a remedy. But I hope this construction which so far as relates to our own House, we have an undoubted right to make, will obtain as the true construction of the constitution. But it is said that this House, and H uses which may hereafter meet, may give the constitution a different construction. No doubt of it; and this may operate to the end of time. A former House passed a sedition law; a subsequent House deemed the law unconstitutional. It is true they did not declare it to be so, and I am sorry for it; but there is no doubt of the fact. Now we may pass a sedition law again to-morrow, and the people again rise up against it, and send different members to represent them. The people may again slumber, as long as you keep your hands from their pockets, they will keep their eyes from yours; and in the same way this law may be repealed. I can therefore see no force in this objection. The courts of justice undertake to expound the constitution, and shall not the House of Representatives be as competent to do this as any court of justice? I will suppose a case—that of a man condemned under the sedition law by a tribunal of justice. Suppose men of different principles come on the bench—would they hesitate to reverse the preceding decision of the court? Indisputably not—Here too then we would behold varying and repugnant decisions.
MR. EPPES. I have no doubt that every objection which can be made to a member of this House holding a civil office during his continuance as a representative applies with equal force to his holding a lucrative contract. The framers of the constitution in excluding civil officers from the floor of the House, most certainly intended to prevent any species of dependence which might influence the conduct of the representative—to prevent his looking up for preferment to the Executive, or being biased in his vote by Executive favor. A lucrative contract creates the same species of dependence, and every objection which could be urged against an officer applies with equal force against contractors who are dependent on the Executive will, and particularly carriers of the mail. While, however, I make this admission, I do not believe we have power to pass this resolution. The words of the constitution are, "no person holding an office under the U. S. shall be a member of either House during his continuance in office." These words are plain and clear. Their obvious intention was to have excluded officers and officers only. It would certainly have been equally wise to have excluded contractors, because the reason for excluding officers applies to them with equal force. We are not however to enquire what the constitution ought to have been, but what it is. We cannot legislate on its spirit against the strict letter of the instrument. Our enquiry must be, is he an officer? If an officer under the words of the constitution, he is excluded. If not an officer, we cannot exclude him by law. It is true as has been stated, that by the constitution we are made the judges of the qualifications of our own members. This judgment, however, is confined within very narrow limits. The constitution prescribes the qualifications of a member. We can neither narrow or enlarge them by law. Our enquiry can go no further than this—has the representative the qualifications prescribed by the constitution on?

An extensive meaning has been given to the word office . How far such a construction of the meaning of this word is warranted I leave for others to decide. That all contractors are not officers I am certain. A man, for instance, makes a contract with the government to furnish supplies. He certainly is not an officer according to the common and known acceptance of that word. He is however a contractor, and under this resolution excluded from a seat here. A carrier of the mail approaches very near an officer. The person takes an oath, is subject to penalties, the remission of which depend on the Executive. His duties are fixed and prescribed by law. Near however as this species of contract approaches to an office , I do not consider that the word office in the constitution can include even this species of contract. I consider the word office in the constitution ought to be construed according to the usual import and meaning of that term, and as I do conscientiously believe that the word office and the word contract cannot be tortured to mean the same thing, I shall vote against the resolution.
MR. ALSTON. While I am as much opposed as any man to see any holder of public money within these walls, I cannot justify myself in declaring in this way what is or what is not the constitution. In any case this ought to be done, this surely should be the last. What is its effect? To deprive a member of his seat on the vote of a bare majority—when the constitution has declared that no seat shall be vacated but on the vote of two-thirds of the members. Let this House say so, and what becomes of a contractor, if there be any such within these walls? The decision of the House will be in violation of the constitution. No man who knows me will imagine that I have any partiality for contractors holding seats within these walls. I have never held a contract, or received a cent of the public money but for my wages as a member of this House. I am therefore as disinterested as man can be on this point. If there is a contractor within the meaning of the constitution, let him be pointed out. I am not certain how I shall vote upon such a proposition. But I will not declare before hand a particular construction of the constitution. If I believe the case comes within the constitution, of which I am not certain, I will vote for clearing the House of such a member. But I will not consent to a majority declaring in this way what they cannot carry into effect. How can this be done? If you cannot get two-thirds of the members of this House to vacate the seat, I ask what becomes of the resolution declaratory of the meaning of the constitution? But it is idle to pass a declaratory resolution unless it can be carried into effect. One thing I will say, if the mover will modify his resolution so as to impose a penalty on any officer who shall make a contract with a member of Congress, I will give it my consent. For I wish to see no man in these walls dependent on the government. I still adhere to the principle which I set out with, when I entered into public life—for I became a member of the legislature of the state which I have the honor to represent, at the age of twenty-one—but there was no office in the gift of any government which I would possess. This is a principle to which I strictly adhere, and I do not believe I have any relation on earth who holds an office, numerous as my relations are.
MR. J. CLAY. The gentleman says he is willing to vote for the expulsion of any member on this floor who holds public money.
MR. ALSTON explained by observing, that he had not absolutely said so. MR. J. CLAY. If this cannot be done under the constitution, with what consistency can the gentleman vote for the measure he proposes, as under the provision of the constitution alluded to, we have no right to expel a member but for some offence committed by him. The judges of your courts as well as the state courts have assumed the right of expounding the constitution, inasmuch as they are bound on oath to support it. Are we not bound by the same oath to support it? And have we not, by parity of reasoning, the same right to construe it? Are not gentlemen indeed, by their negative vote, giving the constitution their own exposition? I have no doubt of our right to expound the constitution. Let us take things as they are. What is an officer? A man holding a public charge or agency. What is an office? A public charge or agency. Is not a contract an agency? A man contracts to carry letters in the mail—is not that an agency? So a man contracts as an agent of the postmaster general to carry letters from Washington to Baltimore—is he not as much an officer as if he resided at Washington or Baltimore? The only difference is that one is moving and the other stationary. Every officer under the government is a contractor, inasmuch as he contracts to do certain things for a certain sum of money. I believe, likewise, the converse of the proposition is true, and that contractors are likewise officers.
MR. FINDLEY said, were this proposition proposed as an amendment to the constitution, he should vote for it; but for reasons very different from those which had been assigned. He did not believe that every contractor was an officer under the constitution. For if this was the case, every man who furnished the public with the least article of supply would be an officer. The miller who sold flour for the use of the army, as well as the stationer who supplied the House with paper and quills. Every man who sold any thing to the government must, in this light, be considered as an officer. Would gentlemen
be disposed to exclude all persons of this description from a seat in this House? Great weight has been attached to that clause in the constitution which made the two Houses judges of the qualifications of their members; but it was a sufficient answer to this argument to observe, that though the constitution gives the two Houses the power of judging of the qualification of their members, it does not give them the power to make those qualifications. He agreed that it was discretionary with each House to expel a member, but then the act could only be effected by a vote of two-thirds of the members. He had always understood, and believed it to be correct, that it was an essential attribute of office for a man to possess some power, to be exercised on behalf of the government. Now a mere contractor receives no such power—he only enters into an engagement to perform certain specified duties.
MR. J. RANDOLPH desired that part of the constitution be read, which authorises the expulsion of a member, by which, he said, it would appear that such expulsion could only be made for disorderly behavior.
The Clerk read the article as follows:
“Each House may determine the rules of its proceedings; punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.”
MR. G. W. CAMPBELL said he would assign the reasons, on account of which he would not give his vote in favor of the resolution under consideration. It proposed to decide what shall, and what shall not be the true construction of the constitution as to the term office . He was of opinion that it was not competent for that House to put a construction upon the constitution except in a particular case under their consideration; and that they could then and then only act upon it. If there were any gentlemen upon the floor of the House who were contractors, and a motion should be made to expel them, he would then be ready to give his vote upon such a motion; but he was not prepared to give a general construction to the constitution as to the existence of any such case. With regard to the case under consideration, he was not prepared to say whether a contractor was an officer within the meaning of the constitution. The constitution declared that no senator or representative should be appointed to an office—when therefore they were enquiring what constituted an office under the constitution, it was necessary that they should refer to the constitution itself, to determine the meaning of the word office . It declares in the 3rd section of the 2nd art. that the President shall commission all the officers of the United States. I am not prepared said Mr. C. to say that a man is an officer who is not so commissioned under the constitution. It appears to me that a person must have a commission before he can be considered an officer under the constitution. Mr. C. said he was clearly of opinion that it would be advisable to make a provision to remedy the evil, and he would cheerfully agree to any measure which would have this effect, as he did consider it extremely indecorous for any man holding a contract and the money of the public to participate in the making of laws for its application.
MR. R. NELSON said he was sorry that he could not on this occasion, consistent with the oath he had taken to support the constitution, advocate the resolution under consideration. He agreed that it was highly improper for contractors to hold seats in that House, as there were many cases in which they could not give a free and impartial vote; but in his opinion there was no power to exclude members from a seat, unless that power was contained in the constitution. He said he would give his idea of the spirit and meaning of the constitution on this point. They were bound by its letter—where the letter and the words of it were plain, they were bound strictly to adhere to them: where from the wording, the meaning was doubtful, or difficult, every member was bound to put that construction which his judgment dictated. But where there was no difficulty, where the words were plain and obvious, he would ever raise his hands against what was called the spirit of the constitution, or in other words, giving it a meaning which the words would not bear. If this power existed in the constitution, it must be found under that section, which declares, that “No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the U. States, which shall have been created, or the emoluments of which shall have been increased during such time; and no person holding any office under the U. S. shall be a member of either House, during his continuance in office.”
The question then comes to the single point—is a contractor an officer under the constitution? If he is, there is no doubt he may be excluded from a seat in this House; but if he is not, he cannot be excluded. What then is the idea of an officer under the constitution? It either must be recognized by the constitution, or some law passed in conformity to it, for no man under the government has a right without law to create as many offices as he pleases. The post master general has a right to contract for carrying the mail; he may employ for this purpose fifty, five hundred, or five thousand men. Will any body thence contend that the post master general has the right of creating five thousand offices? Our constitution has been justly extolled as the freest in the world, and as the best calculated to promote the happiness and securi-
ty of the people. It has been called free, in contradistinction to those despotic governments, where all the offices are held up to sale. Are not this the safe with contracts? Are they not uniformly given to the lowest bidder? What government of principle then is this, which proposes to put a construction upon the constitution, by which offices under the government shall be thus exposed to sale? But are they in truth officers of the U. S. recognized either by the constitution or laws? No, they are not officers of the U. S. they are the mere hirelings of the post master general, he has not the power of setting up the constitution to the highest bidder. If so, it is no longer a free constitution—it does not deserve the eulogiums which have been so justly passed upon it.
MR. EARLY. I would not rise to trouble you were not the yeas and nays to be recorded on this question. I am as fully sensible as the hon. mover of the resolution, or any other gentleman on this floor, of the extreme impropriety, to say the least of it, of persons remaining members of this House who hold a contract under the government to which any emolument is attached. With him and them I believe, that of all descriptions of appointment, this is the most improper to be most blended, where the emoluments are not fixed by law, but rise or fall with circumstances. I am therefore as willing as any person can be to adopt any measure to effect a remedy of this evil, which we possess the constitutional right of doing. My difficulty on this subject is not the same with that presented to the minds of some gentlemen that we are not authorized to pass a resolution, putting a construction upon the constitution. On this subject, by the constitution, we are made judges of the qualifications of the members of this House. If so, we are necessarily judges of their disqualification also. One power implies the other. I therefore have no difficulty on this score. The simple question is, in my mind, whether a contractor is an officer under the constitution? My own opinion is decidedly in the negative—an opinion formed after the most mature reflection. I can appeal to you, Sir, that I have fought after truth on this subject with industry; and I can appeal to other members to attest my having contemplated early in the session the offering a resolution as the foundation of a law, to give effect to the object of the gentleman from Virginia to declare void any contract made by any officer under this government made with any member of either House. So far I am prepared to go, if any member shall introduce such a proposition. The passage of such a law will remove the inconvenience which might arise from interfering decisions made in this House at different times, and will prevent the existence of a different rule in the two branches of the legislature. (TO BE CONTINUED.)
FROM THE ALEXANDRIA EXPOSITOR
THE CATERPILLARS. This pest, which has so suddenly burst into existence, is the subject which now absorbs the general attention. Our accounts from the head waters of the Potomac, from the southern branches of Potomac, from the borders of James River, Culpepper and Orange counties, in Virginia, and the state of South Carolina, are truly alarming.—In this vicinity they seem to attack only particular spots of earth, and to confine their ravages principally to wheat & grass. In a very beautiful wheat field near this town they have stripped the leaves entirely from the wheat, eaten the three or four lower grains from the ear, & seem apparently to have absorbed the milky substance from those more exposed to the heat of the sun. Several gentlemen in Alexandria are preparing to watch the transformation of this animal, whose natural history merits, and will no doubt receive attention. An idea, however, prevails, which we can but deem unfortunate, viz.—that the wheat will ultimately prove not to be injured by them.—We shall not enter into the physiology of Plants, nor enquire into the truth (which, however, is believed) of the assertion, that leaves are necessary to the nourishment of plants, but content ourselves with observing, that such an idea is productive of indolence, and where it is believed that these caterpillars are innocuous, no attempts will be made to get rid of them. Impressed with an opinion that they are destructive, the Editor of this paper procured some powdered Plaster of Paris:—on some of them he let fall small quantities of it, others he surrounded with it, & he placed some of it immediately in the path of others; the result of these experiments give room to hope that this valuable substance may be usefully employed, if not altogether to destroy them, at least to preserve our fields from their ravages, as it appeared almost instantly to kill some on whom it was placed, and occasioned others to eject a quantity of greenish matter; those that were surrounded seemed to search every passage to escape without passing over it, and those in whose path it was strewn took a different direction. Upon the whole it evidently appeared as if all disliked it, but the small scale on which these experiments were made will justify no positive assertion, and it is therefore hoped that some of our intelligent agriculturalists will give their attention to the facts stated.
WASHINGTON CITY.
MONDAY, JUNE 16.
DIED, on the 8th inst. the venerable and distinguished patriot, GEORGE WYTHE, Chancellor of the Richmond district, Virginia, in the 80th year of his age.
The Senate of Massachusetts have, after a warm debate of 5 days continuance, agreed to the report of a committee of the two Houses, which declares that there is no election of Governor by the people—Yeas 20—Nays 19. It still remains to be acted upon by the House of Representatives.
The ship Charleston , capt. Hall, arrived at New-York in 38 days from Liverpool, brings London papers to the 1st of May, by which the following intelligence is received.
Information from Gibraltar represents a war between Spain and Portugal as certain, and that 50,000 French troops were on their march to Portugal.
The return of the French troops from Germany, had not only been suspended, but new defensive operations been commenced.
General Kalkreuth had been ordered to take military possession of Pomerania and the Isle of Rugen.
HAMBURGH, APRIL 9.
Some fermentation is said to exist in Sweden—The chamber of Commerce of Stockholm having been convoked lately, a letter was read from the King, in which he demanded a contribution to enable him to fit out 15 ships of the line or frigates to protect the Swedish ships against the French privateers, which had taken a great number. The discussion enabled some members to depict the miseries to which Sweden was subjected by her fatal alliance with England.—it was unanimously decided that no sum should be granted to the King.
IN pursuance of an order from the Orphan's Court of Prince George's county, will be sold at Public Sale on Saturday the 13th July, at 12 o'clock at the tavern of Mr. Samuel T. Coolidge in Upper Marlboro', a NEGRO MAN late the property of John Nevett, deceased. The terms of sale will be 6 months credit, the purchaser giving bond, with approved security. All persons indebted to the said John Nevett, deceased, are requested to make immediate payment, and those having claims are requested to present their accounts properly authenticated to the subscriber.
THOMAS NEVITT, Exec'r of J. Nevitt, deceased.
June 16—w3w.
WHEREAS my son RICHARD ANDERSON has left me without an just cause, this is to forwarn all person from harboring, employing, or crediting him on my account as I am determined to prosecute any person or persons so offending.
SAMUEL ANDERSON.
Washington City, June 16—3t
PUBLIC SALE.
IN obedience to the direction of Wm. Cranch, esq given in the case of Henry Schnively an intestate, I shall sell at auction, on Saturday the 28th inst. at the house owned by Mr. Vols and next adjoining the one occupied by the hon. James Madison in F street, Washington. The personal property of said Schnively consisting of store goods, &c. The terms of sale are cash, for all purchases not exceeding 20 dollars, for purchases above that sum on a credit of six months, securities to be approved of by the judge to be given. Hour of sale, 11 A. M.
Those who have claims against the said Schnively will please to exhibit them to me within six months from this date proven in the same manner as is required by the Orphan's court. Creditors will be allowed to bid to an amount which will not exceed their dividends.
JOHN HEWITT, Trustee. JOHN STEPHEN, Auctioneer. June 16—tdf
LAND FOR SALE.
THAT valuable plantation called Swan Point lying on the river Potomac, Charles county, Maryland, containing 214 acres, about 45 of which are in oak and cedar.
This land is the property of Dr. Charles Lancaster, and if not sold at private sale, of which timely notice will be given, will be sold on the premises the 14th day of July next if fair, if not the next fair day, by the subscribers living in Cob Neck; the soil is well adapted to the production of corn, wheat and tobacco. The convenience which this land possesses of fish, fowl and oysters, is exceeded by none on the river—Any further description is unnecessary, as it is presumed the purchaser will view it before the day of sale. The terms of sale as follows bond to be given with approved security bearing interest from the first day of January next, on which day possession will be given, one half to be paid on the 1st day of January 1808, and the remainder on the 1st day of January 1809.
The above sale is in virtue of a power of attorney to JOHN LANCASTER. Sen & BENJAMIN LANCASTER, or either of them.
ALSO will be sold on fine day and place a tract of Land adjoining the above Swan Point, and originally part of same tract containing 142 acres, about one third of which is in oak and cedar. This place will be a great acquisition to the purchaser of Swan Point, it will be sold on three years credit by giving bond with approved security bearing interest from the first day of January next, on which day possession will be given by BENJAMIN LANCASTER.
June 16—3t
FOR SALE.
AT Bath (Berkeley Springs) Virginia, a HOUSE & LOT thereunto belonging (late the property of Thomas Palmer, deceased). The premises are calculated for a central family or would make an excellent Boarding house, having thereon a fine lake house, coach house and stables, with a garden laid out with much taste and inclosed with a good board fence. Also near the town, are for sale, SEVEN acres of LAND, inclosed with a stone wall.
The whole will be sold very low, or exchanged for property in or near any of the large towns or cities. Apply to John Davidson, Washington City, or to Wm. Alexander, esq. Bath, aforesaid.
Note.—If not sold, it will be let for the season.
April 16—tf
TO RENT.
THE COMMODOIOUS BRICK STORE near the Capitol, now in the occupation of Messrs. P. HEALY & Co.
Possession to be given on the 1st of May. Enquire of Frederick May. March 28—tf
On a liberal credit.
THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately opposite the city of Washington. This tract of land containing 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of Colonel Hanson at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the eastern branch bridge.
ANTHONY ADDISON. Barnaby, 12th June 1805—tf
PUBLIC AUCTION.
FOR Sale at Auction, on Wednesday the 18th inst. at the house occupied last winter by MICHEL KOSMACKER, on Capitol Hill a quantity of
Household Furniture, consisting of Beds, Mattresses, Bedding, Bedsteads, Curtains, Tables, Looking glasses, Chairs, Carpets, Kitchen Furniture, &c and a small quantity of Plate.
The sale will commence precisely at 10 o'clock and the terms will be for all sums under 20 dollars cash above that amount good notes, with approved endorsers, at 90 days will be required.
N. L. QUEEN, Auctioneer. June 9—5t
ELIAS B. CALDWELL,
ATTORNEY AT LAW, HAS removed his Office, to the house lately occupied by Mr. Law, on Capitol Hill. Washington, July 26—tf
WM. S. NICHOLLS.
HAS removed his store to the house lately occupied, by Mr. Melvin, next door to Mr. John Goulding where he has just received from Philadelphia, and are now opening a very handsome assortment of Spring and Summer Goods, consisting of
Cambic muffs, craper, Dainties and cambic Lappet lace cambic dainty and tambored Calicoes and chintzes, shawls, Irish linens, Satten pendants, Long awns, White and pink farf Linen cambrics, nets, Pink and buff crose bar Ladies parfoles, ginghams, Umbrellos, Checks and stripe cot—Handsome Ribbons, tons, Laces and edgings, Silk, cotton, and thread Fans assorted, hosiery, Diapers Silk and cotton Cham Garrahs and baftas and berry muffs, thin India muffs, Black and colored lite—Dowaffes and Ticklenburg, Plaid Martuas, Bandano and Madras Plain do. handkerchiefs, Silk and kid gloves, Brown Holland, Men's raw silk, beavershirt and dress buttons, and thread do. Caguet and Passeboard, Cotton calimeres, Superfine blue and drab Yellow and blue nan- keens, London hats, Plain colored do. Sewing silk of all kinds, Fancy Marceilles waist-Thread tape, and bob-coating, bin, Do. Janes and Mus-Tortoise shell combs, linets Morocco Shoes with White India dimity, many other goods Handsome silk Shawls which will be sold on & Handkerchiefs, the lowest terms, Black and white Italian.
For Cash only. June 4—2w
JOHN LAW,
HAS commenced the PRACTICE of the LAW, & opened an Office on the Capitol Hill, near the office of Mr. Wm. Beall, clerk of the County Court. May 21—2m
ALEX'R. COCHRANE,
STREET NORTH,
HAS just received by Captain BALWOOD, 4 chests of fresh Teas, viz Imperial, Hyson, Young Hyson & Hyson skin. Best chocolate, mustard, & pickling vinegar, Men's fine shoes, and women's Morocco slippers. Yellow and blue Indians maukeens; also from BALTIMORE. Kersymere's, dainties and linen checks, India and British muffs and shawls, Italian plaid files and fancy waistcoating, Trafalgar chintzes, calicoes, and chambrays, 4 4th and 7 8th Irish linens and lawns, Sundry diapers and diaper table cloths, Silk and cotton hosiery, gloves, Fine lawn bordered handkerchiefs, silk and cotton, do. China, glass, and Queens ware, Cut and wrought nails, Ironmongery, and is constantly supplied with the best Liquors and Groceries; all of said good and will sell on the most reasonable reason-able terms. June 11—3w

CONSTITUTION,
ARTICLES OF ASSOCIATION, OF THE MECHANIC'S BANK OF BALTIMORE.
To all unto whom these presents shall come, or in any wise concern.
BE IT KNOWN AND MADE MANIFEST
THAT We, the subscribers, have formed a company or limited Partnership, and do hereby associate and agree with each other, to conduct business in the manner hereinafter specified and described, by and under the name and style of "The President and Directors of the Mechanics' Bank of Baltimore."—And we do hereby mutually covenant and agree, that the following are and shall be the fundamental articles of this our association and agreement with each other, by which we, and all persons who at any time hereafter may transact business with the said company, shall be bound and concluded.
Article I.
The Capital Stock of the said company shall be limited to ONE MILLION DOLLARS, money of the United States; to consist of forty thousand shares of twenty-five dollars each, four thousand of which shares shall be reserved until the legislature may incorporate the company, and may be subscribed for by the state, if desired by the legislature thereof; this reservation, however, shall not continue for more than two years from the first election of directors; one tenth, or two dollars and fifty cents on each share, shall be paid to the commissioners at the time of subscribing; two tenths, or five dollars more to the directors, if chosen, and if not, to the present commissioners in Baltimore, in sixty days thereafter; and two tenths, or five dollars more, to be paid on each share to the directors in Baltimore, in one hundred and twenty days after the allotted time for subscribing; and the bank to commence its operation when two hundred thousand dollars are paid in; the remaining half of all shares subscribed shall be paid in the same ratio as the before mentioned payments are directed to be made, and at such time or times as the directors may appoint; but no further payment shall be required without first giving four months notice in the public papers of this city; and the said stock shall be subscribed for, and the subscription shall be opened in the city of Baltimore, on Monday, the twenty-third day of June next ensuing, under the direction of the commissioners hereinafter named, viz. William Jessop, William Price, Christopher Raborg, George Warner, Adam Welsh, James Mosher, Adam Ponderden, William Krebs, Robert Carey Long, Jacob Hoffman, Robert Stewart, William Gwynn, Owen Dorsey, and George Decker ; or a majority of them; and the commissioners aforesaid shall open the subscription books at 9 o'clock, A. M. and they shall continue open until 4 o'clock, P. M. and shall remain open between those hours for one day at least, and for the term of three days, unless sooner filled; and if it should so happen, that more than the stipulated number of shares should be subscribed on the first day, then the commissioners aforesaid are to apportion them among the subscribers, by deducting from the highest subscription until they are reduced to a proper number; or if more persons subscribe than there are shares, then the commissioners are to cast lots to decide to whom they shall belong; and the commissioners will, on deciding to whom the shares may belong, issue receipts to the different stockholders for the monies received by them at the time of subscribing; these receipts, with the original subscription, shall be deemed good evidence of the quantity of stock to which each subscriber shall be entitled in this company; but no person or persons, bodies corporate or otherwise, shall be permitted to subscribe on the first day on which the books are opened for more than fifty shares; and if the stock be not subscribed on the first day, the books are to remain open on the second day, on the same terms as on the first; but if they are not filled on the second day, then the commissioners may permit any person or persons, bodies corporate or otherwise, to subscribe for any number of shares, until the whole number is complete; and should it so happen, that a part of the shares in this bank shall not be subscribed for during the three first days allotted for the books to be kept open, the commissioners shall appoint a place or places for the books to remain open for receiving subscriptions, until directors are elected; who shall, as soon as convenient thereafter, make the necessary arrangements therefor.
Article II.
The affairs of the company shall be managed by fifteen directors and a president, whose place, if chosen from among their number, shall be supplied by that body; nine of which directors shall be practical mechanics or manufacturers; and eight of the directors and the President shall form a board or quorum for transacting all the business of the company. Ordinary discounts may be done by the president and any five of the directors. In case of sickness or necessary absence of the president, his place may be supplied by any directors, whom he by writing under his hand may nominate for that purpose; and the directors who may be appointed at the first election shall hold their seats until the first Monday in June, one thousand eight hundred and seven. The directors, from and after that period, shall be elected for one year by
the stockholders for the time being, and each director shall be a stockholder at the time of his election, and shall cease to be a director if he should cease to be a stockholder; and no director of any other bank shall at the same time be a director of this bank; nor shall any person be a director in this bank, who is a partner in trade with a director in any other bank; and the number of votes to which each stockholder shall be entitled, shall be in proportion to the stock he may hold, as follows, viz. For one share, and not exceeding two shares, one vote each; for every two shares above two, and not exceeding ten, one vote; for every four shares above ten and not exceeding thirty, one vote; for every six shares above thirty and not exceeding sixty, one vote; for every eight shares above sixty and not exceeding one hundred, one vote, and for every ten shares above that number, one vote; but no person or persons, body politic or otherwise, shall be entitled to a greater number than thirty votes. No share or shares shall confer a right of suffrage, which shall not have been held four calendar months previous to the day of election, (except at the first election); all stockholders actually residing within the United States and none other, may vote at elections by ballot, in person or by proxy, which in all elections, after the first, is to be made in such form as the board of directors may appoint. None but stockholders, being citizens of the United States, and residing within the city of Baltimore or precincts thereof, shall be eligible as a director or president.
Article III.
A general meeting of the stockholders of the company shall be held on the first Monday in June in every year (except the president) at such place as the board of directors shall appoint, by giving four weeks notice, to be published in three of the newspapers printed in the city of Baltimore, for the purpose of electing directors for the ensuing year, who shall take their seats at the board the succeeding day, & immediately proceed to elect the president: But for the present year for the more immediate organization of the business of the company, the election shall be held on Monday the 25th day of August next ensuing, under the direction of the commissioners appointed to receive subscriptions in the city of Baltimore.
Article IV.
The board of directors are hereby fully empowered to make, revise, alter or annul all such rules, orders, bye laws and regulations for the government of the company, and that of their officers, servants and affairs, as they, or a majority of them, shall from time to time think expedient, not inconsistent with law or these articles of association; & to use, employ and dispose of the joint stock, funds or property of the said company, subject only to the restrictions hereinafter mentioned, as to them, or a majority of them may seem expedient.
Article V.
If any stockholder shall fail to pay his, her, or their instalments, to the amount of twelve dollars and fifty cents upon each share, at the time or times, and in manner herein before specified, such stockholder shall forfeit to the use of the company, all money paid antecedent to such failure or default. But no forfeiture shall take place after twelve dollars and fifty cents on each share shall have been paid; but as it is requisite that means should be taken to secure the regular payment of after calls, therefore, if any stockholder shall fail to make regular payment of any instalment or call, after twelve dollars and fifty cents have been paid, such stockholder shall not be entitled to dividend, until such instalment or call shall be made good; and the dividend thereafter to be paid to such stockholder, (as well upon the money by him regularly paid, as upon the money paid after default) shall be calculated only from the time when said last instalment was made good.
Article VI.
All bills, bonds, notes, and every contract and engagement on behalf of the said company, shall be signed by the president, and countersigned or attested by the cashier of the company; and the funds of the company shall in no case be held responsible for any contract or engagement whatsoever, unless the same shall be so signed and countersigned, or attested as aforesaid. The board of directors shall have power to purchase a lot and build, or to purchase, rent or lease a proper building for the bank, and to have such a house fitted up and secured with vaults, &c. at the expense of the company.
Article VII.
The books, papers, correspondence and funds of the company, shall at all times be subject to the inspection of the directors. The said board of directors shall have power to appoint a cashier, and their officers and servants for executing the business of the company; and to establish the compensation to be paid to the president and all other officers and servants of the company respectively, all which, together with all other necessary expenses, shall be defrayed out of the funds of the company.
Article VIII.
If a vacancy or vacancies shall at any time happen among the directors, by death, removal or resignation, or otherwise, the residue of the directors, for the time being, shall elect a director or directors, to fill the vacancy or vacancies, until the next election of directors.
Article IX.
The dividends of the profits of the company, or of so much of the said profits as shall be deemed expedient and proper, shall be declared half-yearly during the months of May and November, and be paid in the months of June
and December in every year, and shall from time to time, be determined by a majority of the said directors, at a meeting to be held for that purpose, and shall, in no case exceed the amount of the net profits actually acquired by the company; so that the capital stock of the company shall never be impaired by dividends; and at the expiration of every three years, a dividend of surplus profits shall be made. But the directors shall be at liberty to retain at least one per cent. upon the capital, for the time being, as a fund for future contingencies. It shall be the duty of the president to cause a correct statement of all surplus profits remaining in the bank, not divided among the stockholders antecedent to each annual election, to be made out and kept in the bank free for the inspection of stockholders, between the times of such dividends being declared, and each annual election.
Article X.
The company shall in no case be concerned in any article but notes, bills of exchange, mortgages, stock of the United States, or bullion; except in the case of debts due to the bank, then they shall be fully justifiable in taking any kind of security, which they can obtain. Nor shall the company in any case be owners of any ships or vessels, or directly or indirectly be concerned in trade, or the importation or exportation, purchase or sale of any lands, tenements, goods, wares or merchandise whatever, except such ships, vessels, lands, tenements, goods, wares or merchandise, as shall be pledged to them by way of security, or for debts due, owing or growing due to the said company, or purchased by them to secure such debts, so due to the said company.
Article XI.
No transfer in the Mechanics' Bank of Baltimore, shall be considered as binding upon the company, unless made in a book or books, kept for that purpose by the company, but may be transferred by the holder in person, or by power of attorney at said bank; but all debts actually due to the company, by a stockholder offering to transfer, must be discharged before such transfer shall be made; and it is further agreed, that any stockholder who shall transfer in manner aforesaid, all his stock or shares in this company, to any other person or persons whatever, shall cease to be a member of this company, and that any person or persons whatever, who shall accept a transfer of any stock or shares in this company, shall become, and be a member of this company, according to these articles of association.
Article XII.
If the president, or any director or other officer belonging to this bank shall privately be concerned, directly or indirectly in discounting or purchasing of any note or notes, at more than lawful interest, and such information be given and supported, to the satisfaction of a majority of the board or quorum of the directors, his or their seat or seats or office, shall be vacated, and the directors shall fill up such vacancy or vacancies, to serve until the next annual election.
Article XIII.
The president and each director, before he enters upon the duties of his office, shall take the following oath or affirmation, as the case may be: "I (_____) do solemnly swear or affirm, that I will impartially, faithfully, diligently and honestly execute the duties of (_____) of the Mechanics' Bank of Baltimore, conformably to the constitution or articles of association of the same, and the trusts reposed in me, to the best of my skill and judgment." And the cashier, the tellers, book-keepers and other officers, shall also take a similar oath or affirmation, and shall besides give bonds with security to the satisfaction of the president and directors for the faithful discharge of their duties in their respective stations.
Article XIV.
The president and directors may discount notes or bills, at any length of time, not exceeding one hundred and twenty days, and may loan money on property security, to practical mechanics and manufacturers only; but not exceeding one eighth part of the stock actually paid into the bank, at the time of making such loan or loans.
Article XV.
Neither the president nor any director shall be entitled to receive on accommodation paper, discounts or loans, exceeding in the whole at any time the sum of nine thousand dollars, renewable, however, from time to time, at the discretion of the president and directors; nor shall any person or firm receive on property security, any greater sum than 3000 dollars, nor for a longer term than two years.
Article XVI.
It is hereby expressly and explicitly declared, to be the object and intention of the persons who associate under the style and firm of The President and Directors of the Mechanics' Bank of Baltimore , that the joint stock or property of the said company (exclusive of dividends,) shall alone be responsible for the debts and engagements of the said company, and that no person who shall or may deal with this company, or to whom they shall or may become in any wise indebted shall, on any pretence whatever, have recourse against the separate property of any present or future member of this company, or against their persons further than may be necessary to secure the faithful application of the funds thereof, to the purposes to which by these presents they are liable: but all persons accepting any bond, bill or note, or other contract of this company, signed by the president, and countersigned or attested by the cashier of the company, for the time being, or dealing with it in any other manner whatsoever, thereby respectively give
credit to the said joint stock or property of the said company, and thereby respectively disavow having recourse, on any pretence whatever, to the person or separate property of any present or future member of this company, except as above mentioned; and all suits to be brought against this company (if any shall be) shall be brought against the president for the time being, and in case of his death or removal from office, pending any such suit against him, measures shall be taken at the expence of the company, for substituting his successor in office as a defendant, so that persons having demands on the company may not be prejudiced by that event; or if the person suing shall go on against the person first named as the defendant (notwithstanding his death or removal from office) this company shall take no advantage by writ of error or otherwise, of such proceeding on that account; and all recoveries had in manner aforesaid, shall be conclusive upon the company, so far as to render the company's joint stock or property liable thereby, and no further; and the company shall immediately pay the amount of such recovery out of their joint stock, but not otherwise. And in case of any suit at law, the president shall sign his appearance upon the writ, or the common bail thereto, it being expressly understood and declared, that all persons dealing with the said company do agree to these terms and are to be bound thereby.
Article XVII.
If the directors of this bank shall at any time wilfully and knowingly make or declare any dividend which shall impair the capital stock, all the directors present at the making or declaring such dividend and consenting thereto, shall be liable in their individual capacities to the company for the amount or proportion of said capital stock so divided by the directors; and each director who shall be present at the making or declaring such dividend, shall be deemed to have consented thereto, unless he shall immediately enter his dissent in writing on the minutes of the proceedings of the board, and give public notice to the stockholders, that such dividend has been declared.
Article XVIII.
These articles of agreement shall be published twice a week during three weeks in two or more of the newspapers printed in the city of Baltimore: And for the further information of all persons who may transact business with, or in any manner give credit to this company, every bond, bill, note or other instrument or contract, by the effect or terms of which the company may be charged or held liable with the payment of money, shall specially declare in such form as a board of the directors shall prescribe, that payment shall be made out of the joint funds of "The Mechanics' Bank of Baltimore," according to the present article of association, and not otherwise; a copy of the "16th article" of this association, shall be inserted in the bank book of every person depositing money or other valuable property with the company for safe custody, or a printed copy shall be delivered to every such person before any such deposit shall be received from him or her: And it is hereby expressly declared, that no engagement can be legally made in the name of the said company, unless it contains a limitation or restriction to the effect above recited: And the company hereby expressly disavow all responsibility for any debt or engagement which may be made in their name, not containing a limitation or restriction to the effect aforesaid.
Article XIX.
The president and directors, or a majority of the whole, shall have power to call a general meeting of the stockholders, for the purposes relative to the concerns of the company, giving at least three weeks notice, in two or more of the public papers printed in the city of Baltimore, specifying in such notice the object or objects of such meeting.
Article XX.
A number of stockholders not less than fifty, who together shall be proprietors of one thousand shares, may for any purpose relative to the institution, at any time apply to the president and directors, to call a general meeting of the stockholders, and if by them refused, the said numbers of stockholders, proprietors of not less than one thousand shares, shall have power to call a general meeting of the stockholders, giving at least sixty days notice in two or more newspapers printed in the city of Baltimore; specifying, in such notice, the object or objects of such meeting.
Article XXI.
The president and directors are hereby required and fully empowered to draught and present a petition in the name, and on behalf of this company, to the legislature of the state of Maryland, praying that an act may pass to incorporate and protect this company, conformably to these articles of association.
Article XXII.
This association shall continue until the second Monday in March, one thousand eight hundred and twenty-seven, unless a charter is sooner obtained. But the proprietors of two-thirds of the capital stock of the company, may, by their concurring votes, at a general meeting, to be called for that express purpose, dissolve the same at any prior period, provided that notice of such meeting, and its object, shall be published in two or more newspapers, printed in the city of Baltimore, for at least six months previous to the time appointed for such meeting.
Article XXIII.
Immediately on the dissolution of this association, effectual measures shall be taken by the directors then existing for closing all the concerns of the company, and for dividing the capital and profits which may remain among the stockholders, in proportion to their respective interests.
IN WITNESS WHEREOF we have hereunto set our names or firms, the 27th day of May, in the year of our Lord one thousand eight hundred and six.
Baltimore, June 13—93.
District of Columbia, Washington county, to wit:
IN the case of JOHN SUTER an insolvent debtor confined in the prison of Washington county for debt. Notice is hereby given to the creditors of the said John Suter, that on the 23d day of June inst. at the capitol in the court room at the hour of 8 o'clock A. M. the act prescribed by the act of Congress, entitled "An act for the relief of insolvent debtors within the district of Columbia," will be administered to the said John Suter and a trustee appointed until sufficient cause be then and there shown to the contrary.
Ordered that this notice be published in the National Intelligencer, and Washington Federalist three times in each paper prior to that day.
By order of the honorable Wm. Cranch, Esq. chief judge of the circuit court of the district of Columbia.
WM. BRENT, CL.
June 13—93
Dissolution of Partnership.
THE partnership of the subscribers trading under the firm of Roff & Pleasanton, was dissolved on the 13th of April last, by mutual consent. All persons indebted to said firm, are requested to make immediate payment to either of the parties, or to Roff and Getty, at their store corner of Washington and Bridge streets, George town.
ANDREW ROSS, STEPHEN PLEASANTON.
June 13—6t
Partnership.
THE business will in future be carried on in the same place, by the subscribers, under the firm of Roff and Getty, who have received via Philadelphia, New York, and Baltimore, in addition to their former stock, a large and general assortment of GROCERIES, Bar iron, Steel, Cutlery, cut and wrought Nails, Fancy Goods, &c. &c. which they will dispose of on the most reasonable terms.
ANDREW ROSS, ROBERT GETTY.
George town, June 13—6t
CHARLES H. VARDEN, MERCHANT TAYLOR, NEW JERSEY AVENUE, NEAR THE CAPITOL.
Respectfully informs the gentlemen of the District of Columbia that in addition to his former stock he has received by late arrivals at Philadelphia from London a choice assortment of superfine cloths, single and double milled cassimeres, Kenneth patent cord, woolveteen and waisteating, fancy and black silk mole skins, all of superior quality and newest fashion, plain and stripe black velvets, constitution cord, knup casemings, Flushing flannels, &c. &c. with a variety of other articles in his line, and he pledges himself, to those gentlemen who shall favor him with their orders to commit them in the newest style of fashion.
N B Ladies habite, regimentals, navy uniforms, made in the most fashionable manner.
Washington, Dec 18—2t
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol Square and begs leave to acquaint them that he has taken the Spacious Hotel lately erected by Mr. Carroll, near the Capitol. The hotel being above one hundred feet in front, and containing fifty rooms enables the subscriber to offer every accommodation to members of Congress and travellers which can be expected in a public house.
PONTIUS D. STELLE.
Washington City, March 25—tf N. B.—P. D. S. will rent the house lately occupied by him on the adjoining square.
SALES BY AUCTION.
WILL be sold on the premises on Tuesday the 12th day of July, at 11 o'clock—part of Lot in sq 907 beginning for the said piece of ground 149 feet from the south west corner and fronting on 7th street east 16 feet, running back 75, with a good frame house which rents for 150 dollars per year to Augustine Sary.
Half of Lot No 15 in sq 696, 23 feet 6 inches front on 1st street E. running east 93; containing with proportion of alley, 2475 sq feet, bethe same more or less; a range of brick houses 50 by 14, one frame 14 by 18, two stories high, the Lot enclosed.
One Lot No 16 in sq 799, one frame house 12x20, 1 1/2 story, 12 by 12 with a good inclosure.
One Lot No 20 in sq 846 Lot no 2 in sq 825, 24 ft. front, 65 feet back, with a 1 and 1 1/2 story frame house, well inclosed.
One tract of Land called French Adventure, lying partly in Prince George's county in the state of Maryland and part lying in Washington county in the district of Columbia, containing 39 acres, lying on the west side of Eastern Branch, about 10 miles from the city.
Also one cock and hen, one mahogany bureau, one cast grate, one horse and carriage, with a good set of harness, and a number of articles too tedious to mention.
Terms will be made known on the day of sale.
June 9—11t
NOTICE.
IS hereby given that the file of property for TAXES due the Corporation of Washington, advertised for the day, is postponed until Friday the 20th day of June next, and if the taxes are not paid on or before the said 20th day of June, the sale will commence at 11 o'clock, A. M. at the City Treasurer's office.
By order of the Council of Washington, W. SYLVESTER BOYD, Treasurer of Washington City. May 30—12t