The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1803-02-02 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
Vol. III.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. CCCLVII.
FIVE DOLLS. PER ANN.
WEDNESDAY, FEBRUARY 24, 1803.
PAID IN ADVANCE.
FOR THE NATIONAL INTELLIGENCER.
THOMAS PAINE, TO THE CITIZENS OF THE UNITED STATES. LETTER THE FIFTH.
IT is always the interest of a far greater part of the nation to have a thing right than to have it wrong; and, therefore, in a country whose government is founded on the system of election and representation, the fate of every party is decided by its principles.
As this system is the only form and principle of government by which liberty can be preserved, and the only one that can embrace all the varieties of a great extent of country, it necessarily follows, that to have the representation real, the election must be real: and that where the election is a fiction, the representation is a fiction also. Like will always produce its like.
A great deal has been said and written concerning the conduct of Mr. Burr during the late contest in the federal legislature, whether Mr. Jefferson or Mr. Burr should be declared President of the United States. Mr. Burr has been accused of intriguing to obtain the Presidency. Whether this charge be substantiated or not makes little or no part of the purport of this letter. There is a point of much higher importance to attend to than any thing that relates to the individual Mr. Burr; for the great point is not whether Mr. Burr has intrigued, but whether the legislature has intrigued with him?
Mr. Ogden, a relation of one of the senators of New Jersey of the same name, and of the party assuming the title of Federalists, has written a letter published in the New York papers, signed with his name, the purport of which is to exculpate Mr. Burr from the charges brought against him. In this letter he says,
"When about to return from Washington, two or three members of Congress of the federal party spoke to me of their views as to the election of a President, desiring me to converse with Col. Burr on the subject, and to ascertain whether he would enter into terms. On my return to New York I called on Col. Burr, and communicated the above to him. He explicitly declined the explanation, and did neither promise nor agree to any terms."
How nearly is human cunning allied to folly! The animals to whom nature has given the faculty we call cunning, know always when to use it, and use it wily; but when man descends to cunning he blunders and betrays.
Mr. Ogden's letter is intended to exculpate Mr. Burr from the charge of intriguing to obtain the Presidency; and the letter that he (Ogden) writes for this purpose is direct evidence against his party in Congress, that they intrigued with Burr to obtain him for President, and employed him (Ogden) for the purpose. To save Aaron, he betrays Moses, and turns informer against the golden calf.
It is but of little importance to the world to know if Mr. Burr listened to an intriguing proposal, but it is of great importance to the constituents to know if their representatives in Congress made one. The ear can commit no crime, but the tongue may; and therefore, the right policy is to drop Mr. Burr as being only the bearer, and direct the whole charge against the federal faction in Congress as the active original culprit, or, if the priests will have scapegoats for it, as the serpent that beguiled Eve.
The plot of the intrigue was to make Mr. Burr President on the private condition of his agreeing to, and entering into, terms with them, that is, with the propellers. Had then this election been made, the country, knowing nothing of this private and illegal transaction, would have supposed, for who could have supposed otherwise, that it had a president according to the forms, principles, and intention of the constitution. No such thing. Every form, principle, and intention of the constitution would have been violated; and instead of a President, it would have had a mute, a sort of image hand-bound and tongue-tied, the coupe and slave of a party, placed on the theatre of the United States and acting the farce of President.
It is of little importance, in a constitutional sense, to know what the terms to be proposed might be, because any terms other than those which the constitution prescribes to a President is criminal. Neither do I see how Mr. Burr, or any person, put in the same condition, could have taken the oath prescribed by the constitution to a President, which is, "I do solemnly swear, (or affirm) that I
"will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the constitution of the United States."
How, I ask, could such a person have taken such an oath, knowing at the same time that he had entered into the presidency on terms unknown to the constitution and private, and which would deprive him of the freedom and power of acting as President of the United States, agreeably to his constitutional oath?
Mr. Burr, by not agreeing to terms, has escaped the danger to which they exposed him, and the perjury that would have followed, and also the punishment annexed thereto. Had he accepted the presidency on terms unknown to the constitution and private, and had the transaction afterwards transpired (which it must probably would, for secrecy is a thing difficult to conceal) it would have produced a sensation in the country too violent to be quieted and too just to be resisted; and in any case the election must have been void.
But what are we to think of those members of congress, who, having taken an oath of the same constitutional import as the oath of the president, violate that oath by tampering to obtain a president on private conditions. If this is not sedition against the constitution and the country, it is difficult to define what sedition in a representative can be.
Say not that this statement of the case is the effect of personal or party resentment. No. It is the effect of sincere concern that such corruption, of which this is but a sample, should, in the short space of a few years, have crept into a country that had the fairest opportunity, that providence gave within the knowledge of history, of making itself an illustrious example to the world.
What the terms were, or were to be, it is probable we shall never know; or what is more probable, that feigned ones, if any, will be given. But from the conduct of the party since that time, we may conclude, that no taxes would have been taken off, that the claret for war would have been kept up, new expenses incurred, and taxes and offices increased in consequence; and among the articles of a private nature that the leaders in this feditious traffic were to stipulate with the mock President for lucrative appointments for themselves.
But if those plotters against the constitution understood their business, and they had been plotting long enough to be master of it, a single article would have comprehended every thing, which is,
That the President (thus made) should be governed in all cases whatsoever by a private junta appointed by themselves.
They could then through the medium of a mock-president have negatived all bills which the party in congress could not have opposed with success, and reduced representation to a nullity.
The country has been imposed upon, and the real culprits are but few; and as it is necessary for the peace, harmony, and honour, of the union, to separate the deceiver from the deceived, the betrayer from the betrayed, that men who once were friends, and that in the worst of times, should be friends again, it is necessary, as a beginning, that this dark business be brought to a full investigation. Ogden's letter is direct evidence of the fact of tampering to obtain a conditional President. He knows the two or three members of congress that commissioned him, and they know who commissioned them.
THOMAS PAINE. Federal City, Lovel's Hotel, Jan. 29, 1803.
FOR SALE.
BETWEEN two and three thousand ACRES OF LAND in the county of Loudoun, being part of the Goose creek tract of land, purchased of the late Col. CHARLES CARTER. On Little River, which runs nearly thro' the middle of the tract there is between two and three hundred acres of rich low ground. The high land excellent for small grain, and the production of grass; particularly timothy. About one half the land is in the occupation of tenants, and on that part unimproved, one hundred and seventy six bushels of wheat are sown. All the tenants are well watered, have good springs, and a sufficiency of wood-land and timber for their support. In a pleasant situation on that part not occupied by the tenants, there are necessary improvements for the accommodation of a small family, all built within a few years past. I will treat for the whole, or (if preferred by a purchase) that part which is not in the possession of tenants. Stock of the farm of Alexandria will be received in payment. For terms apply to JOS. JONES. Loudoun, Dec. 20. Jan. 5. sawgw
National Intelligencer. Congress of the United States.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 27.
(Debate Continued.)
The Chairman then read the second resolution, as follows:
Resolved, That provision ought to be made by law, for submitting to judicial decision, the right of the judges of the circuit Court, to their compensations.
Mr. Randolph said he was not ready for the question. He had one or two remarks to offer, which had suggested themselves during the reading of the resolution. It had been repeatedly decided that the United States would not permit themselves to be brought into their own courts. Wherefore grant to a particular class of persons, in a single case, that which has even been refused to the war-worn soldiers of the revolution. Especially when it could be recollected, that this case, involving the interest of judges, as a class, could not be decided by any judicial tribunal, free from bias.
A doctrine is advanced new to this House, which I have been told originated with an eminent character on the bench of the United States. I did not hear the gentleman from Connecticut distinctly, but I understand him as subscribing to it. That Congress may, constitutionally, deprive a judge of all authority and transfer to another his powers and duties, but that the office nevertheless remains, and the judge, of course, entitled to his compensation. The constitution says that "the judges shall hold their offices during good behaviour and shall, for their services, receive a compensation." Without entering into a question which has already been so fully discussed, he would barely remark that if the position just advanced be true, the words compensation and office, which the constitution supposes, and every one believes, to have distinct and different meanings, must be convertible terms. For when the powers and duties are taken away, what let me ask, is left but the salary? The word office must then be rendered by the word salary.
The petitioners state that they are not actuated by a sense of their own interest, but that the public good is their sole object. I mean not to doubt their sincerity, but it is plain they are mistaken. This business involves only personal considerations—it has not a shadow of connection with the public welfare. The constitution renders the judges independent in a pecuniary point of view, in order that they may give independent judgments. In conceding that they may be constitutionally deprived of the power of acting as judges, every thing connected with the public's weal is given up. If Congress can transfer their authority to other courts, it is a matter of private concern whether they continue to receive their salary. The public is no further interested than as to the amount which they are to pay. How strange then is it to hear men of the first standing on the bench say, and to hear it repeated here; as to the conduct of the judge in which alone the public are interested, Congress may take it away, may transfer it to whom they please; but as to the salary, in which the public cease to have an interest so soon as the judge is divested of judicial power; as to the salary, in which the man alone is interested, it is sacred, it cannot be touched. That is, on every political revolution the existing courts may be to all intents and purposes annihilated, and their authority transferred to others, provided you pen in the judges. When they cease to be judges, to have the power of deciding on our property, reputation and lives, what, in the name of Heaven, is their salary, or their office, if you will have it so, to us? What concern have we in their pecuniary independence when they no longer possess judicial authority?
Mr. R. said he was every way inclined to enter upon a long discussion of this question. That he had barely made a few observations on an opinion the most incomprehensible which he had ever heard. That his own mind had long been made up on this subject, and he proposed other gentlemen to be equally decided.
Mr. Dana was of opinion that every subject should be brought fairly and directly to a decision. And after it had been fully discussed and fairly decided, it ought to be considered as settled. So far as this subject had been completely decided, he had no disposition now to enter into the discussion.
He fully agreed too with the gentleman from Virginia that to admit that Congress had the constitutional right to take away the powers of the judges was virtually to give up their claim for compensation, which only resulted from their right to office. Other gentlemen, however, were of a different opinion; and such an opinion may have been, and he believed, was taken by some of the gentlemen who passed the repealing law. Such opinions, he knew, had been expressed by some gentlemen in public and in private.
The question of compensation to the judges involved considerations very distinct for those ordinarily decided upon in that House. Most of the individual cases brought here were made in pursuance of some particular law, and did not call in question the authority of Congress. If the case of the judges were to be referred to any tribunal, the right to refer was founded on the principle of controlling the decisions of the legislature in case those decisions should appear to the tribunal to be unconstitutional. It was, therefore, in this view not proper to refer the question to a tribunal dependant on the body to be controlled. This was the only course that would probably be deemed impartial by all the parties concerned.
Mr. Bacon said the true question was on the constitutionality of the repealing law. One Congress had passed a law constituting certain courts, which at the last session had been repealed. Now of what do courts consist? Of Judges who are officers of the court. The question is whether by abolishing the courts, their offices are abolished. He supposed they were. He considered the terms as synonymous. Now the question is whether if the offices are abolished, those who filled them before they were abolished, are entitled to salaries? That is the only question that remains undetermined. What does the Constitution say? Admitting the offices abolished—it says, "The Judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."
Does it not follow, that if they do continue in office, they are entitled to a salary for the services they perform. If they do not continue in office they are entitled to nothing, and the Constitution has no reference to them. This is the true question.
Mr. Bacon said he had been reminded of some observations made by him the last winter. But he supposed that having determined the question that the offices were abolished, the other question of compensation was determined of course.
Mr. Griswold. Last winter the gentleman from Massachusetts informed us that the right of the Judges to salaries was not involved in a decision on their powers. Now, he says by a decision of that question the present question was decided of course. I conceive that this question never has been settled by the legislature. Opinions entertained by different gentlemen have varied. It is the opinion of some very respectable legal characters, that though Congress may deprive the Judges of all their powers, yet they cannot deprive them of their offices, and their characters of Judges, and that they are still entitled to their salaries. Such an opinion is entertained by high and respectable law characters. I am not of this opinion, as hinted by the gentleman from Virginia. I thought that when we passed a law essentially impairing the power of a Judge, we essentially impaired his office, and when we deprived him of all his powers, we also deprived him entirely of his office. But gentlemen of a very high and respectable character were of a different opinion. They may, perhaps, be correct. And so long as such opinions are entertained an impartial tribunal ought to be established to decide the question. I cannot see any objection to such a tribunal. I have never felt an objection to transfer to courts of law, the decision of claims resting upon legal grounds. I always thought such a mode of decision proper; as I thought that whenever an individual conceived himself as having a right to by law should be tested in a court of law. I have no objection to the reference of this question to the supreme court. I have, therefore, moved the resolution, and I hope it will prevail. As to the opinion of the gentleman from Virginia (Mr. Randolph) that this claim exclusively relates to the personal interest of the judges, I conceive that is not correct. The judges consider the repealing law as unconstitutional. They, therefore, consider
themselves as still judges of the United States. It is a principle guaranteed by the constitution that they shall not be removed but for misbehaviour. They believe it to be their duty to pursue every legal means in their power to vindicate that principle, as violated in the repealing act. Believing that principle to be just, believing it to be sacred in the opinion of the people of the United States, how could they relinquish their claim to compensation, a necessary consequence of it, without relinquishing the principle itself? They could not do it. I do not, however, wish to go into an extensive discussion of the question, which I consider unnecessary, believing, as I said before, that by the course taken by the House it is settled that the resolution shall be rejected.
Mr. T. Morris said if he understood the gentleman from Massachusetts (Mr. Bacon) right, who had spoken on this subject during the last winter, he had said that not only every judge, but every justice of the peace had a right to decide on the constitutionality of a law. If that opinion was correct, and he still entertained the same opinion, he knew no reason why he should now object to the institution of an impartial tribunal. The judges thought one way, and congress the other. The repealing law may be constitutional or not. Why then refuse to refer the decision to an impartial tribunal. Believing this the most correct mode he thought the application proper. But the gentleman from Virginia says if you allow a tribunal to the judges, why not also allow one to settle the claims of our revolutionary soldiers. To this Mr. M. said he had no objection; though he did not think that in those cases they were fully called upon as in this case. The former were principally appeals to the liberality of the House. Whereas his involved a great constitutional question. He understood, indeed that such a provision existed in the State which that gentleman (Mr. Randolph) represented, by which any individual, considering himself aggrieved, could apply to a court of justice, in consequence of the decision of which money could be drawn from the treasury.
Mr. John C. Smith said he did not propose to discuss, much less decide the question whether the petitioners were entitled to their salaries, because he perceived a strong disposition in the House not to consider the petition on its merits, and because this was a question which the judges themselves did not desire should be settled by Congress; but referred to the determination of a distinguished and impartial tribunal. The honorable gentleman from Virginia (Mr. Randolph) had observed that this course would be unexampled, and that the government might with equal propriety erect a forum to decide the numerous applications to this House for invalid pensions. Mr. S. said the very allusion made by the hon. gentleman had brought to his recollection a precedent which he thought not inapplicable to the present case.
He said, it would be remembered that, at a certain period, the Judges of the Supreme Court were directed by an act of Congress to receive on their circuits the evidence of claims to invalid pensions, and report their evidence to the Secretary of war for his ultimate determination—Some one or more of the Judges considered the act unconstitutional, as requiring them to perform a service not within the sphere of their official duties, and refused to execute it—the others discharged the duty enjoined, but under the title of commissioners.
A question arose whether the proceedings of these commissioners were valid as to entitle the claimants to the provision contemplated by the act—How was this question disposed of? Instead of putting an end at once to all doubts on the subject by a legislative decision, Congress directed the Secretary of war, in conjunction with the Attorney general to take such measures as might be necessary to obtain an adjudication of the supreme court of the United States on the validity of any such rights as were claimed under that act—Here, said Mr. S. is a precedent for the measure now proposed, produced by an occasion of infinitely less importance, in his opinion, than the present—He considered the judges as standing on at least as high ground as ordinary claimants—They had been elevated to office not by their own acts but by the government itself—their salaries had been secured to them not for their personal benefit—but for the public good.
Mr. S. said he had risen merely to make these remarks—but being up he must be permitted to say that during the time he had had the honor of a seat

in that house he had never known any business precipitated in that manner. When the report of a select committee upon a petition of the most trifling nature was referred to a committee of the whole—in motion of any gentleman a distant day would be assigned; an order would be made for printing it, and in short the most solemn deliberation would mark every step of its progress. What had been now done? One hour had scarcely passed away since these petitions were referred into the house; and we are now discussing them in committee of the whole. They were not permitted to be printed, and members of the House were uninformed of their contents except from the cursory reading at the clerk's table.
Mr. S. said he hoped gentlemen would be able to justify that procedure to themselves; but he did believe in a moment of calm reflection they would find it a fruitful source of pungent regret.
Mr. Smilie would ask whether the supreme court in such a case as this could be denominated an impartial tribunal? He asked, if they had not seen the time when during the disputes between the clergy and laity, the wise man, not of the clerical order, would have trusted himself in the hands of the clergy. The same remark applied to the military; and also, with equal force, to the judges of the supreme court. He really, however, thought that the judges would not receive the salaries, even if they were offered to them, as it would be contrary to every idea of patriotism. He, therefore, considered the application as a mere matter of form.
Mr. Nicholson said if this question had never before been argued, there might be some degree of propriety in the remarks of gentlemen, and the House perhaps might be chargeable with precipitation. But he begged it might be remembered that the very question embraced by the resolution now on the table, had at the last session undergone the most ample discussion that ever took place in Congress. It had not only been argued here for a considerable length of time, but he believed it had attracted the attention of every reflecting man in the nation—A strange distinction however is attempted to be set up. At one moment gentlemen declare it is not the same question, and immediately after concede by their arguments that it is the same. They say that men of high legal character in the United States have argued that Congress have a right to take from the judges all power of acting as such, but deny the right to destroy the office. They say vest him of power, but the office must remain, and he is still a judge. To him this was a perfect absurdity. He could not possibly conceive the idea of a judge, who had nothing to do; who had no duties to perform, no power to decide. These high legal characters supposed that he might remain a judge for the purposes of receiving his salary, but not for the purpose of performing any duty. This was not his idea, and both the gentlemen from Connecticut (Messrs. Griswold and Dana) appeared to agree with him in opinion. In fact it was the great ground of dispute last session, whether you could repeal a law under which a judge was appointed, and thereby deprive him of his office, by taking from him all the powers and duties of a judge. Whatever the opinions of high legal characters might be on this question, Congress had last year after full and ample discussion, solemnly decided, that they had a right by repealing the law, to divest the judges of their judicial powers, and thereby destroy their offices.
Another gentleman from Connecticut (Mr. J. C. Smith) had alluded to a law passed some years ago, which assigned certain duties to the judges of the supreme court, in relation to the claims of persons who alleged that they ought to be placed on the pension list. It would, no doubt, be recollected that the judges refused to carry this law into execution; and he might be permitted to ask what security there was that they would not now refuse to carry into effect any law which we might pass embracing the object of the resolution? Was it to be imagined that they would refuse to decide on the claims of those who fought our revolutionary battles, and yet kindly attend to the claims of their brethren? The resolution contemplated giving the power to try the right of the judges to their claims, but the great object in reality was to authorize the judges of the supreme court to decide upon the constitutionality of the repealing act. Let this object then be avowed; let it be declared openly and not introduced in this insidious manner. From the remarks made last year by gentlemen on the other side of the House, it was a little surprising that this application should be made, for it was then strenuously contended, that the supreme court had the right to decide upon the constitutionality of all laws. Why then ask for it? If they have this right we need not confer it; if they have it not, we cannot give it to them. If the petitioning judges can bring their case before the supreme court, let them do so. My consent shall never authorize it. If the supreme court shall arrogate this power to themselves, and declare our law to be unconstitutional, it will then behoove us to act. Our duty is defined.
In his opinion, Mr. N. said the best method of trying the right of Congress to repeal the judiciary act, had been for some time, and was yet in operation. The people constituted the great tribunal before whom the constitutionality of all laws of Congress should be brought, and by them this question will be decided. Some of them have decided, and the remainder will decide by their elections. It is an impartial tribunal to whom we may all appeal, and their judgment will bind us. To their decision it is already referred, and with them he was willing to leave it rather than to any court of justice.
Mr. Eustis said when the office of the judge was abolished, all his duties ceased. The salary allowed was a compensation for services. Now when there were no services to be performed, what salary could there be allowed, or what retribution demanded? On what did this claim rest? On the opinion of the judges. But by the decision of the last winter their offices were abolished; it followed, therefore, of consequence that their salaries ceased too. This was a plain and simple question. He considered the memorial as the protest of the judges against this decision. As such, he was willing that it should rest on the files of the House; and instead of being offended at this treatment the judges ought to be thankful. When he observed yesterday a memorial presented by an individual for a greater amount than the claim of all the judges, and observed how lightly it was treated, and particularly by the Chairman of the committee of Claims (Mr. John C. Smith) who moved the reference, he was surprised that he, above all men, should complain of the treatment of this memorial, which had been respectfully referred to a committee of the whole. Mr. Eustis concluded by observing that he forebore going into the merits of the memorial.
Mr. Dana said the ideas of the gentleman from Massachusetts were in one respect correct. The memorial of the judges was a protest against the law passed by Congress. It was proper they should make it, so far as they confined themselves to language not indecorous or disrespectful. He would admit likewise that the question of powers decided the question of salary. Others, however, entertained a different opinion. Why object then, in a case where there was a difference of opinion to refer the decision to an impartial tribunal. The only question is, whether in a contest for power, you, the legislature will claim the exclusive exercise of power, and whether, even if you shall exceed the constitutional limits, you will affect the entire right of saying so, or whether you will refer it to a tribunal which shall be an umpire between those who hold different opinions.
Mr. Nicholson moved to amend the resolution. He observed that the judges of the circuit court were the judges of the supreme court and those of the district court united. He therefore moved to insert before the word "judges," the word "former."
Mr. Griswold, wishing to have the question directly taken, moved to add after "judges of the circuit court"—the words, appointed under an act entitled "An Act to provide for the more convenient organization of the courts of the United States passed on the 13th of February 1801."
Mr. Nicholson agreed to the insertion of those words with the addition of the following: which he moved; "which said act was repealed at the last session of Congress."
This amendment was carried—Ayes 56.
Mr. Alston said the resolution required another amendment. As it now stood, it would appear that all the late judges of the Circuit Court claimed a compensation for services not rendered. He believed this was not the case. There were some of those judges who had made no such request. He, therefore, moved to insert the name of those who had presented memorials—also to insert the word "late"—before the word "judges."
Carried without a division.
The resolution as amended stood thus: Resolved, that provision ought to be made by law, for submitting to Judicial decision the right of William Tilghman, Oliver Wolcott, Jeremiah Smith, Richard Bassett, Philip B. Key, George K. Taylor, Charles Magill, Samuel Hitchcock, Benjamin Bourne, Egbert Benson, and William Griffiths, late Judges of the Circuit Court appointed under an act entitled "an act to provide for the more convenient organization of the courts of the United States passed on the 13th February 1801," which said act was repealed at the last session of Congress, to their compensations.
On which the question being put, it was lost—Ayes 55—Noes 57.
Mr. Varnum observed that the memorial contained two principles both of which had been negatived. To draw the attention to a final decision he would move another resolution, to wit: "That the prayer of the petition of William Tilghman, and others (naming them) late Judges of the Circuit Courts of the United States; ought not to be granted, and that the petitioners have leave to withdraw their petitions."
Mr. T. Morris moved that the committee should rise and report progress, that the petition might be printed. Negatived without a division.
The resolution was then carried without a division, when the committee rose and reported it.
The House immediately took it into consideration; when Mr. Randolph moved to strike out the words "late judges of the circuit courts of the United States."
Mr. Griswold said he presumed it was not the object to exchange all evidence of these gentlemen being Judges, or late Judges of the Circuit Courts of the United States; and yet that would appear to be the effect of the motion. He must, therefore, call for the Yeas and Nays, which would make that fact be recorded on the Journal.
Mr. Randolph said he had made the motion, that the resolution might conform to the prayer of the petition. Had the memorialists called themselves late Judges, he should have had no objection to their being so designated in the resolution. His wish was to style them in the resolution as they had styled themselves.
Mr. Griswold said though they had not expressly styled themselves circuit Judges; yet they had stated that they had been appointed circuit Judges under a law of the United States. They had therefore virtually so styled themselves.
A few words were added by Mr. Eustis against, and by Messrs. Randolph and Nicholson in favor of striking out the words, when the question was taken by Yeas and Nays and carried—Yeas 50—Nays 47.
The question was then taken by Yeas and Nays on the resolution as reported, and amended by striking out the words in Italis , and carried—Yeas 61—Nays 37—as follows:
YEAS—Messrs. Allison, Archer, Bacon, B. B. Key, Bowie, Beas, Brown, Butler, Cabell, Claiborne, Clay, Clopton, Condit, Guttis, Davis, Dawson, Dickson, Early, Elmensdorf, Elmer, Eustis, Gray, Gregg, Hanna, D. Heister, J. Heister, Helms, Hoge, Holland, Holmes, Jackson, Leib, Meriwether, Mitchell, Moore, Mott, New, Newton, jun. Nicholson, Randolph, jun. Smilie, Israel Smith, J. Smith, N. Y. J. Smith, Virg. Joshua Smith, S. Smith, Southard, Stanford, Stenton, Stewarts, Taliaferro, jun. Thomas, Thompson, A. Trigg, J. Trigg, Van Cortlandt, Vauclain, Van Horne, R. Williams, Winn, Wynns—61.
NAYS—Messrs. Boudé, Campbell, Cutler, Dana, Davenport, D. Davis, Foster, Goddard, Griswold, Grove, Haffey, Hays, Hemphill, Henderson, Hill, Huger, Hunt, Lowndes, Mattoon, L. R. Morris, T. Morris, Perkins, Slater, Read, Rutledge, Shepard, J. C. Smith, Stanley, Stratton, Tallmadge, Tenney, Titcomb, Tillinghast, Updegraff, Van Rensselaer, Wadsworth, L. Williams, Woods—37.
FRIDAY, Jan. 28, 1803.
Mr. Lawson moved the following resolution, which he prefaced with a few remarks, the object of which was to show that the contemplated measure would produce a saving of time and money.
Resolved, That during the present, and at the commencement of every session of Congress, two additional clerks shall be elected, to be denominated "Committee Clerks," whose duty it shall be to attend to the business referred to the several committees, and to keep records thereof; and who shall receive for their services an adequate compensation.
Mr. Dawson moved that the House should immediately take the resolution into consideration.
Motion lost—Ayes 19.
Mr. Nicholson presented the following memorial from the citizens of Washington:
To the Senate and House of Representatives of the United States of America in Congress assembled, the Memorial of the Subscribers, citizens of Washington, convened on the 26th instant, (January.)
RESPECFULLY REPRESENTS:
That your memorialists, in common with the other inhabitants of the territory of Columbia, are seriously impressed with the unfavorable circumstances in which they are placed, and still more seriously impressed with the apprehension of greater evils likely to ensue. Their short experience has forcibly confirmed the wisdom of all the political institutions of America, by which the citizens of an independent republic, except in the solitary case of Columbia are invested with the powers of self government; powers commensurate to the protection of their rights and the promotion of their happiness. Notwithstanding, however, the deprivation of this inalienable right, they have hitherto submitted without a murmur to the provisions established by the collected wisdom of the nation, in the hope that their interests, under the guardianship of the general government, would be solicitously consulted and faithfully promoted. But an experience of more than two years has proved that hope illusive. Of the unfeigned desire of the legislature of the United States to discharge every duty assigned them by the constitution, they entertain no doubt; but it is their belief that a legislative bo-
dy, instituted for the accomplishment of great national objects, and unacquainted with the minute and local circumstances attending the territory of Columbia, cannot be considered as possessed of that peculiar knowledge which is required in legislating for them. Nor are your memorialists insensible to the impropriety of claiming, to the neglect of national concerns, and at a great expense, to large a portion of time as such legislation would demand.
Under these considerations, and with impressions derived from the known friendship of Congress, your memorialists request that they may be authorized, in common with their fellow citizens, to elect delegates to a convention, to establish a system of government for themselves, if such shall appear to be their sense, as expressed through the organ of their representatives to assembled; or if such shall not appear to be the sense of the territory, that they be empowered to recommend to the adoption of Congress such other measures as shall in their opinion best promote the general welfare of their constituents.
As citizens of the United States, as members of a great and independent empire, founded on equal rights, and dating equal principles and protection, we appeal to the magnanimity, the patriotism, and the justice of Congress. We ask that which they can give without derogating from their dignity or impairing their power; and that, without which our industry and resources, active and extensive as they are, must be without avail.
Other objects, of an interesting, though subordinate nature, in our opinion, claim the early attention of Congress. To them, as exhibited in the annexed statement, we respectfully invite their attention, trusting that their pressing importance will obtain the contemplated legislative redress during the present session.
ROBERT BRENT, Chairman.
The above memorial, with a counter memorial from the citizens of Alexandria, were referred to Messrs. Thompson, Plater, Campbell, Taliaferro and Early. A letter, received from David Humphreys (noticed in our last) respecting presents made him by the Dey of Algiers and the king of Spain, after considerable debate on a reference to a committee of the whole, or a select committee, was referred to a select committee, consisting of Messrs. Jones, Dana, and Elmensdorf.
Mr. Eustis reported a bill to provide an additional armament for the protection of the seamen and commerce of the United States, which was read twice, and referred to a committee of the whole on Monday next.
Mr. Davis, one of the members from the state of Kentucky, presented to the House, certain resolutions of the legislature of the said state, together with a memorial annexed thereto from the said legislature, addressed to the President of the United States, and the Senate and House of Representatives, of Congress, representing that in consequence of a violation on the part of Spain, of an article of the treaty of friendship, limits and navigation between the United States and the king of Spain, the citizens of the said state are deprived of a place of deposit, in the Spanish territory, in conformity with the stipulation contained in the said treaty, by the proceedings of the Intendant at the port of New Orleans, who has, by a proclamation, dated the 18th day of October, forbidden American citizens to deposit their merchandise and effects in the said port of New Orleans, without having assigned to the United States, an equivalent establishment on another part of the banks of the river Mississippi; that they rely on the wisdom and justice of the government of the United States to redress the grievance of which they complain, and pledge themselves to support, at the expence of their lives and fortunes, such measures as the honor and interest of the United States may require, in defence thereof.
The said resolutions and memorial were read, and ordered to be referred to the committee of the whole House, on the state of the Union.
Mr. Davis said the war department had pursued a method of granting military land warrants, in his opinion, not conformable to the resolves of congress, granting a bounty in lands to officers and soldiers who served in the late revolutionary war. He would not say that the practice was uniform, but as it related to his own personal application it was, and he expected it was to in all cases. He would be explicit. The war department does not grant warrants to the representatives of any person slain in the service of the United States, unless such person was enlisted for during, or served to the end of the war. It was his opinion, that the representatives of any person killed in the service of the United States were entitled to bounty land, whether they had enlisted for the whole of the war, or for a shorter time. In this opinion he was not singular. He had spoken to two gentlemen from Maryland, who appeared to accord with him in opinion.
Mr. D. said he did not expect the war department would depart from their usual practice without some legislative interference. He therefore proposed the following resolution, to wit:
Resolved, That the committee appointed on the 29th ultimo, to enquire into the expediency of giving further time to the officers and owners of military land warrants to locate the same, be, and they are hereby directed to enquire whether any and any what legislative provision is necessary to carry fully into effect the resolutions of congress of the 16th of September 1776, and the 12th of August 1780, which give a bounty in land to officers and soldiers who served in the late revolutionary war.
This resolution was immediately taken up and agreed to.
Mr. Davis said there was another subject he was desirous of bringing before the house; it was the ascertaining how much land, belonging to the Virginia troops on state and continental establishment, was ceded to the Cherokee Indians by the treaty of Holstein of the 22d of July 1781. If gentlemen will take the trouble to examine the 4th Art. of that Treaty, they will find a line is to be run from a point on Cumberland River a South West course until it strikes the ridge that divides the waters of Cumberland from those of Duck River, 40 miles above Nashville. This line, he said, went through the lands of the officers and soldiers of Virginia, a considerable portion of which fell in the Indian Territory. By the same Treaty a very considerable part of the Holstein district of Tennessee was also ceded to the Indians; a part too that had been settled for years. Such was the ignorance of the men, who made the Treaty, of the Geography of the country.
The Legislature of Tennessee and the suffering people remonstrated to Congress, and President Adams ordered a Treaty to be held by which the Indian title was extinguished, and the people quieted in their possessions. No representation has ever been made to congress in relation to the military lands ceded away by this Treaty. The United States, he considered, were bound to extinguish the Indian title to the lands before mentioned. It was easy to ascertain the number of acres thus ceded away. Major William Croghan was the surveyor for the Virginia state troops. From his office a report could be procured with little expence, which would show how much land belonging to the Virginia state troops was ceded by the Holstein treaty. Colonel R. Anderson was agent and surveyor general for the Virginia troops on continental establishment. From him a report could be easily procured, which would show how much of that land was ceded to the Indians. He therefore presented the following resolution, viz.
Resolved, That the committee appointed on the 27th ultimo, be and they are hereby instructed to digest some plan by which it can be ascertained how much surveyed and patented land belonging to the officers and soldiers of Virginia on state and continental establishment is ceded to the Cherokee Indians by the treaty of Holstein held on the 2d of July 1781.
This resolution was immediately taken up and agreed to.
The House went into a committee of the whole—Mr. Davis in the chair—on a bill in addition to an act, fixing the military peace establishment.
Mr. Randolph moved to strike out the 3d section, which allows in the whole to the paymaster, adjutant and inspector of the army 2,000 dollars for clerk hire.
Motion lost—Ayes 29—Noes 40.
The committee rose, and reported the bill without amendment, which was ordered to a third reading on Monday next—Ayes 36—Noes 26.
MONDAY, January 31, 1803.
Mr. Bacon, from the committee of elections, reported on a resolution respecting the tenure of the seat of Paul Fearning, a delegate from the North Western Territory, that the said delegate is entitled still to hold his seat.
An engrossed bill for the relief of William Ray and John Follwell was read the third time and passed.
An engrossed bill in addition to an act entitled an act to fix the military peace establishment of the United States, was read the third time and passed—Ayes 41.
Mr. Dawson, from the committee on so much of the President's Message, as relates to Indian concerns, made a report containing four resolutions, viz.
1. For the continuance of the act for the establishment of Indian trading houses.
2. For the appropriation of 10,000 dollars to obtain further cessions of land from the Indians.
3. For the appropriation of 9,000 dollars to purchase articles necessary for conducting salt works on the Wabash.
4. For opening an office for the sale of lands in the Mississippi Territory, to which the Indian title has been, or shall be, extinguished.
Referred to a committee of the whole, and made the order for Wednesday.
An engrossed bill authorizing the sale of a piece of land belonging to the navy yard in Salem, Massachusetts, to the Sa-

lem turnpike road company, was read a third time and passed.
Mr. Bayard observed that a resolution offered some days since by a gentleman from New-York (Mr. Mitchell) of considerable national, and of great individual importance to a large description of citizens, appeared to him to have been disagreed to more from considerations of form than substance; as the merits of the subject were not, on that occasion, brought into discussion. In order to meet the ideas of gentlemen, who desired in the first instance, to decide the principle whether indemnity ought to be made to our merchants, he submitted the following resolution.
Resolved, that provision ought to be made by law, to indemnify the citizens of the United States who, in carrying on a lawful trade to foreign parts, suffer losses by the seizure of their property made by unauthorised French Cruisers, or by any French cruiser, without sufficient cause, in violation of the rights of American commerce, during the late war between Great Britain and the French Republic, in whose claims for indemnity against the said Republic were renounced by the United States, by their acceptance of the ratification of the treaty lately made with France.
Mr. Bayard moved the taking up the resolution for consideration; on which the House divided—Ayes 39—Noes 45.
Resolution ordered to lie on the table.
The House went into a committee of the whole on the bill for the encouragement of learning, and the promotion of the arts.
Mr. Dawson in the Chair. After discussion of several hours duration on various amendments offered, the committee rose, and the House recommitted the bill to a select committee.
About 3 o'clock the galleries were cleared, and the House remained with closed doors till 4 o'clock, when they adjourned.
TUESDAY, Feb. 1, 1803. The House went into a committee of the whole on the report of the committee of Commerce and Manufactures on the petition of John Holland Jun.
Mr. Varnum in the Chair. The report is favourable to the prayer of the petition, and allows a reduction of duties on goods damaged by fire while in the hands of the custom-house officers proportioned to the injury sustained.
An agreement to the report was supported by Messrs. N. Smith, Griswold, Euliss, John C. Smith, Bacon, Jones, and opposed by Mr. Randolph.
On agreeing to the report, the committee divided—Ayes 62—Carried.
The committee rose and reported their agreement to the report of the committee of Commerce and Manufactures.
The House immediately took up the report, concurred therewith, and directed a bill to be brought in.
Mr. Newton presented a letter from the Chamber of Commerce of Norfolk in favour of a repeal of discriminating and countervailing duties.
Referred to the committee of the whole on that subject.
Mr. Mitchell reported a bill to prolong the continuance of the Mint at Philadelphia.
The bill continues the Mint at Philadelphia for five years, and makes a small appropriation of money.
Referred to a committee of the whole to-morrow.
The House went into committee of the whole—Mr. Varnum in the chair—on the report of the committee of Claims on the petition of Moses White.
The report is favourable to the prayer of the petition, which prays compensation as aid-de-camp to a brigadier general, hy brevet , during the revolutionary war.
After a debate of considerable length the report was agreed to—Ayes 69.
The committee rose, and the House immediately concurred with them, and ordered a bill to be brought in.
The Speaker laid before the House a report from the Secretary of the Treasury, in compliance with a resolution of the House, respecting the quantity of fish imported.
The House went into committee of the whole on the bill supplementary to an act concerning consuls and vice-consuls, and for the further protection of American seamen.
Mr. John C. Smith in the Chair.
After making several amendments to the bill, the committee reported the bill with sundry amendments, which were ordered to lie on the table.
Mr. S. Smith observed that in order to allow the fullest time to obtain information of the public sentiment, he should not call up the report of the committee of Commerce and Manufactures on discriminating duties until the 2d Monday in February.
NOTICE.
THE Managers of the Canal Lottery, and also the Washington Canal Company, are requested to meet at Mr. Sturges Tavern, on Friday next at 10 o'clock in the forenoon, on business of importance to the Canal.
Feb. 3.
WASHINGTON CITY.
WEDNESDAY, February 2, 1803.
Our readers may have forgotten, and if so, we remind them of the fact, that certain individuals were named by Mr. Adams, in the last moments of expiring power, justices of the peace for the district of Columbia. It is said the Senate approved the nomination of these individuals; but that the then President, for what reasons is not understood, declined issuing their commissions. So that, when Mr. Jefferson entered upon the duties of the Presidency, he found himself under the necessity, during the recess of the Senate, of making new appointments, or of being instrumental in the giving effect to an exercise of power by his predecessor, which if it did not violate the letter, certainly did violate the spirit and the end of the Constitution. Between these alternatives, he could make no other choice, than the adoption of the former course. But for the sake of harmony he appointed the greater part of the gentlemen nominated by Mr. Adams, notwithstanding their federal politics—Those whom he neglected to appoint, fired with party vengeance, immediately made application to the Supreme Court, (that paramount tribunal) to issue a mandamus to the Secretary of State, to deliver to them their commissions.
The Supreme Court ought to have refused any instrumentality into this medley; and we may add, party invasion of Executive functions. But they so far sustained it as to allow a rule to show cause why a Mandamus should not issue.
Contemplating a decision on this point, the aforesaid individuals some days since addressed a Memorial to the Senate of the United States, requesting permission to obtain from the secret Executive Journals of that body an authenticated transcript of the proceedings on their nominations by Mr. Adams. This memorial was taken up on Monday, and rejected, Ayes 15—Noes 12—on the ground that the measure was a party measure; that it was meant as the basis of Executive crimination; that it claimed an act from the Senate, who were the great constitutional Judges of the Executive in case of impeachment, that might indirectly and improperly commit them; that it sanctioned a right of the Judiciary to which they had no legal pretensions; and that it totally abrogated that rule of the Senate which enjoined that the Executive Journal should be kept secret.
It would seem, from the recent attempts to disturb the harmony of the legislature, that as much effect is calculated upon from the ghost of judicial power, as from the reality of it. On the annihilation of the latter, the former appears to have risen from the tomb of the Canulets, and to have stalked into either House, alternately crying "vengeance, vengeance"—"money, money."
Extract of a Letter from a Venerable Citizen of Virginia to a Member of Congress, dated Jan. 19, 1803.
I thank you for your favor of the 28th past, and the accompanying report of the Secretary of Treasury, agreeing with the pleasing statement made of our finances, and the wise and honest application of them in the President's communication; which must attract to the administration, all the watering and doubtful; an effect, which I had the pleasure of hearing a neighbour of that class say, it ought to have, and had : some zealots of the party indeed, full of ire at not being furnished with something to find fault in, say it is all a delusion and no debts are paid—I with we may long continue to be so deluded. I incline to think it might have been well to have paid another million or two, since it is an old observation that an overflowing treasury often puts well meaning men upon projects they would otherwise forbear; of this sort I consider the propositions to erect monuments to the memory of certain generals; but confide myself with the idea that the frequent motions to add to the number, are made with a view to clog and destroy the measure. I am far from a wish to derogate from the merit of those brave men, but do not approve of the mode of perpetuating it; but because history proves it to have been a tribute paid indiscriminately to the worst , as well as the best of men; and we owe the discrimination to that history; and secondly because, though expensive, it does not answer the end so well as the same history, which has preserved the characters of men, whose monuments have been long since destroyed. If congress suspected that historians may not record the bravery of those generals, would it not be better to appoint an Historiographical committee, to draw up and report a short state of the distinguished actions of each? which being published with your laws, would be a source from whence it would be perpetuated by Histories to all future ages.
"Mortified as I have long been by paying heavy and disgusting taxes, levied by an expensive and shrewd administration, to say no worse of it, without un-
loading us of our heavy debt, but increasing it; and so ardently desiring the change which has lately taken place; and after the fallen party had so pompously predicted the failure of the revenue and consequent ruin of the administration, I could but be alive to pleasure on reading the President's message, to find, that although we were eased of near a million of taxes, yet by an economical application of the remaining revenue, so large a sum has been paid of the debt; at the same time all the legitimate ends of government are answered—peace is preserved at home, (except a war of ink,) and justice administered; and our national honor maintained abroad—in short, if it be of any consequence, the administration possesses my perfect respect and confidence.
Manuring of Land in a new Mode.
Every fact relating to the fertilization of the land we cultivate, is precious. The extraordinary effects wrought by the plaster of Paris are now well known to the American people, and they are become sensible of the value of ashes and manure, as well as of barn-yard-compost. But there is an article of manure, prepared in Europe, which has not as yet been employed in the United States. This is the residuary mud of Earth, Iron, &c. left after the burning of Pyrites . This mineral substance is very common in our country, but has never been thought of as a manure. The best account we have seen of the preparation and employment of this manure, is contained in a Memoir written by our Minister Robert R. Livingston, Esq. to Dr. Mitchell for the Agricultural Society of New York, and dated Paris, October 10, 1802.
"In an excursion I lately made into "Flanders," writes Mr. Livingston, "I observed at some distance from the road, several large beds of Earth, that appeared to me to emit smoke and flame, which two men were tending. "I stopped the post-chaise and went to examine it. I found that it was Pyrites sufficiently impregnated with sulphur to burn when dry. This was laid in beds and set on fire. They endeavoured to extinguish the fire when the ashes was of a red colour. If it burned longer, it became black and the quality was not so good. "This earth, so burned, was easily reduced to powder by a wooden mallet, and in this state was carried on the backs of Asses forty or fifty miles as a manure, and was used particularly for grals at the rate of about six bushels the acre. The seed-grain was also covered with it, as with gypsum in our country. This circumstance induces a belief that the sulphuric acid is, both in this and in the gypsum, the fertilizing principle, and may suggest many other ways of applying that cheap material to the purposes of agriculture. "It is very probable that in this very slow combustion, the sulphuric acid is absorbed by the ashes, or other earth, while the inflammable matter is dissipated; and that the union of the Alkali and the acid forms a salt not unlike, in its chemical relations, to gypsum, or perhaps one that is more soluble, more impregnated with the acid. Perhaps diluted nitric acid directly applied, would be found equally useful, or rendered more valuable by being combined with wood-ashes, when native gypsum could not be conveniently had. "If I rightly recollect, Du Hamel mentions that sulphuric acid scattered over weeds with a view to destroy them, made them grow with additional vigour. From the place where they were burning the earth, I proceeded to the ore-bed, which I examined, and found the earth very similar to what I have seen on my own estate in Clermont, and which may indeed be found in many of our black meadows. "I send you a sample of the earth and of the ashes. I recommend to the society to have some experiments made on this interesting subject."
This communication ought to make planters and farmers examine their estates with great care; as in all probability many of them contain treasures of this kind, of which the proprietors have hitherto never entertained an idea.
Extract of letter from a gentleman at New-Orleans, to the Editor of the Philadelphia Gazette, dated Dec. 18, 1802.
"Being present this morning at the Intendant's office, when the original of the following Royal Order was transcribed, I seized the opportunity of procuring a copy, and have translated it in a hurry, under the hope that it will be acceptable to you. "The Minister of War has communicated to me the following—"In a letter of the 15th inst. Don Pedro Cevallos, informs me as follows: Whereas his majesty has ceded to the French Republic the colony or province of Louisiana in all its present extent, and AS IT WAS HELD BY THE FRENCH WHEN CEDED TO HIS MAJESTY, I advise you thereof, by his Royal order, that you make the necessary arrangements for the delivery of it to the French Commissioner or Commissioners who being duly authorised by the government, may present themselves for the purpose. Which royal determination I have made known to the captain-general of Louisiana, informing him at the same time that it is his majesty's pleasure with respect to the regiment of the place and the military that garrison the province, that individuals who voluntarily wish to remain under his majesty's dominion, shall after delivering up the colony, proceed to the Havanna, where other posts will be allotted them. Of this I advise you by royal order, that you may comply with that part of his royal determination which relates to you. God preserve you many years."
Minister of Foreign Affairs. To the Intendant of Louisiana. Madrid, Jan. 20, 1803.
From the Aurora.
Leicester, Jan. 26, 1803.
"Mr. McKean, the Attorney-General, occupied Monday in behalf of the prosecution, and spoke until 1/2 past seven in the evening. The prosecution was then closed on both sides and the Senate adjourned.
On Tuesday morning the subject was agitated in the Senate, and made the order of the day for Wednesday. At ten o'clock this day the Senate proceeded to ascertain whether Alexander Addison was guilty or not guilty; conformably to order, the names of the senators were called, and they voted as follows:
Those who voted for guilty . William Findlay, James Gibble, James Harris, Jones, Hartzell, John Heister, John Keam, Pease, Carr Lane, Christian Power, Aaron Lyle, William M'Arthur, Thomas Mewhorter, Thomas Morton, John Pearson, John Porter, William Reed, John Richards, William Redman, John Steel, Robert Whitehill, Samuel Macbey—Speaker—20.
Those who voted for not guilty . Mathias Barton, James Ewing, Thomas Johnston, and John Jones—4.
So that Alexander Addison was found guilty conformably to the constitution.
After considerable debate on the punishment to be inflicted, the Senate adjourned till ten o'clock to-morrow morning.
From the Boston Chronicle.
There is a peculiar eulogy on the administration of Mr. Jefferson, in the speech of Gov. Strong. In particular he speaks of the prosperity and success of the country; and "that no events of an alarming nature have happened to disturb the peace of the state." Consequently he sees nothing wrong in the administration of the general government. He most perfectly coincides with its measures, and even considers the repeal of the judiciary as wise and patriotic: for he says, "that the state of society is favourable to public happiness, and must give peculiar pleasure to the legislature, as it prevents the embarrassments which they might experience in a more unpropitious condition, and renders their legislative duties EASY and AGREEABLE." These are Governor Strong's sentiments on the present state of our country. How contrary to the fourlous publications in the Centinel , Palladium , and other tory papers. They represent the community to danger of anarchy; that religion is threatened; that the constitution is violated, by a repeal of the midnight judiciary; that Mr. Gallatin has sold the bank shares at a loss; and that ruin and destruction are rapidly taking place! Amid this general outcry, Gov. Strong comes forward to the general public, and modestly tells them "that no events of an alarming nature have happened to disturb the peace of society." Ye tory faction, henceforth be silent; for the speech of Gov. Strong has put to nought all your clamours, and will hereafter furnish link proofs of your perfidy as to confessed your wicked projects.
The speech will be fully analyzed, and we doubt not but the Governor has produced arguments to baffle every calumniator of the present administration. It is a choice document, and will be improved to the utmost advantage. Hide your heads, ye tory scoundrels, for the Governor has given you all the LIE.
In Chancery, January 21, 1803. Patrick Murdoch, versus Thomas Beall of Samuel, Peter Devicman and Joseph Herreth.
THE object of the bill filed in this cause is to obtain a conveyance of part of the Tract of Land called "Walnut Bottom," lying in Allegany county, which Thomas Beall of Samuel, contracted for with Peter Devicman, on the 26th day of February, 1795, by an article of agreement of that date, the interest in which Land had come by settlement to the complainant. The bill states that the Defendants, Joseph Forreth and Peter Devicman, reside out of the state of Maryland.
It is thereupon in the motion of the complainant ordered, adjudged and decreed, that he cause a copy of this order to be inserted at least once in each of three successive weeks in the National Intelligencer before the 25th day of February next, to the intent that the absent Defendants may have notice of the present application, and the object of the bill filed, and may be warned to appear in this court, or by solicitor on or before the twenty fifth day of June next, to show cause if any he hath, why a decree should not pass as prayed.
True Copy, Feb. 2. SAM. H. HOWARD, Reg. Cur. Can. 20634.
Valuable Medicines.
The Public are respectfully informed that IEE & Co., and the Agents of their appointments, will in future keep a constant supply of the following Medicines, which are in high repute and general use throughout the United States, many of them being sold cheaper than the Drugs of which they are composed, could be purchased at a retail store!
HAMILTON'S ELIXIR; A sovereign remedy for Colds, obstinate Coughs, Asthmas, Sore Throats, and approaching Consumptions.
To Parents who may have Children afflicted with the HOOPING COUGH.
THIS discovery is of the first magnitude, as it affords immediate relief, checks the progress, and in a short time entirely removes the most cruel disorders to which children are liable; the Elixir is so perfectly agreeable, and the dose so small that no difficulty arises in taking it.
Mr. Charles Myles, Hambleton Hill, near Belhimore, had been a long time largely employed in the manufacture of the Elixir, and was reduced to the lowest state of weakness, inasmuch that his recovery appeared doubtful. His complaints, which seemed to be affections of the breast and lungs, and general debility occasioned thereby, yielded little, but as he progressed under the treatment of several eminent physicians; when by the use of Hamilton's Elixir, his distressing cough was immediately alleviated, and every other symptom rapidly subsided. Four or five bottles entirely removed his complaints, and restored him to an excellent state of health and strength which he has for upwards of 2 years past enjoyed without interruption.
From LUTHER MARTIN, Esq., Attorney General of the State of Maryland.
GENTLEMEN, I comply with your request in stating my opinion of Hamilton's Elixir—it has been used in my family for two or three years past, with uniform success, whenever colds, coughs, or similar complaints have rendered medicine necessary—I have myself found it an excellent and agreeable remedy for a very painful and troublesome affection of the breast, accompanied with soreness and with obstructed and difficult breathing.
On these accounts I do not hesitate to recommend Hamilton's Elixir, as a valuable medicine, and deserving public attention.
LUTHER MARTIN.
Mr. Alijah Healy, Bridge-street, Baltimore, was cured by one bottle of Hamilton's Elixir, of a very complicated disorder, occasioned by a severe cold, caught several months ago—He breathed with the greatest difficulty, and was often thrown into weakening sweats when he attempted to walk any distance, and his voice would frequently fall in such a degree that he could only attempt to whisper; he has been upwards of six weeks without a return of his complaints, and desires to give his public testimony in favor of this invaluable medicine.
Mrs. Elizabeth Jones, South Howard Street, was greatly relieved of an asthmatic complaint of several years standing, by the first bottle of Hamilton's Elixir—and by the use of five bottles she has acquired a degree of ease and strength to which she had been long a stranger. She had taken balsam of honey, Church's cough drops, and other medicines, without any benefit, and sometimes to the evident injury of her breathing.
Sold ONLY in Columbia District, by S. Bishop, Bookseller, Alexandria; Dr. John Ott, Druggist, George Town—and Kapine and Cograd, Booksellers, Capitol Hill, Washington.
AT EASY PAYMENTS.
The subscriber offers for sale a tract of land on Aquia creek, in the county of Stafford, containing about 500 acres, two fifths of which is woodland, lying chiefly on the water. This tract possesses the following improvements and advantages—A two story frame dwelling house, and the usual out-houses; orchards of apples, peaches, pears, cherries, &c. a falling garden neatly laid out several springs of excellent water, and a well at the door. The dwelling house is situated on an eminence commanding a most delightful and extensive prospect of the Potomac (from whence it is distant about two miles) for thirty or forty miles; and of the Aquia from its confluence with that river to the head of tide-water at Aquia. The tract abounds with valuable quarries of free stone of every quality. Some of them contiguous to deep water, and nearer the Potomac than any that are now in operation on said creek. There are also two valuable marl pits, several fishing floors for rock, shad and herring, and plenty of wild fowl in season. It is believed by good judges that the timber on the land, and fire wood, if cut ready for market, would command a greater sum than is asked for the whole premises. Wood may be conveyed to the city of Washington with a fair wind in two tides, the distance being not more than 40 or 45 miles. Apply to the subscriber, near Aquia.
V. PEYTON. Jan. 24. 1803.
I will sell on very reasonable terms, the following squares in the City of Washington, or either of them, viz 19, 253, 437, 438, 439 and 440 of 439.
The tides will be such as to give entire satisfaction to the purchaser.
By an examination of the plan of the city, the foregoing squares will be found most advantageously situated, both as to their convenience to navigation and their central situation.
Application to be made to ROBERT BRENT in the city of Washington, or to the subscriber near Piscataway.
NICOLAS YOUNG. Dec. 31.

City Hotel, BROADWAY NEW-YORK.
The Subscriber most respectfully informs his friends and the public, that the above Hotel will be opened on the first of May ensuing, when their patronage is earnestly solicited. He avails himself of this opportunity to return his sincere and grateful thanks to those friends, parties, and gentlemen, who have given him their support, and assures them that a continuance of their favors will be a stimulus to future exertions to please; and that the usual attention shall be given for their comfort and accommodation.
Boarding may be had by the day, week, month, or year. Families travelling, may be elegantly accommodated with lodging and sitting rooms; and, if preferred, have dinner &c. in their apartments.
The Hotel being so well known, it is almost useless to say, that it is situated in one of the most healthy and pleasant parts of the city; commanding an extensive view in every direction, not only of the city itself, but also of the Narrows, the North and East Rivers, the State of New-Jersey, York and Long-Island &c. &c.
A handsome coffee-room will be fitted up in the principal story; where gentlemen may have tea, coffee, chocolate, soups, and refreshments in general, at the shortest notice. All the leading newspapers in the Union, will be regularly taken in.
Public dinners and suppers in a plain or elegant style either for large or small parties. Also, beef steaks, oysters, &c. regularly furnished. An ordinary every day at half past 2 o'clock, by the public's obedient servant,
JOHN LOVETT. N. B. Rooms to let by the month or year. April 21, 1802. eptf
FOR SALE.
A two-story frame House, situate on New Jersey Avenue, SQUARE six hundred and ninety, near the Capitol—It is very convenient for many kinds of business, having a neat shop with a large bow window, and five rooms besides, all private—it is at present occupied by Mr. THOS. CARPENTER, master Taylor. For terms apply to
JOHN MINCHIN. Jan. 19. 6t
FOR SALE OR RENT.
THAT elegant three story BRICK HOUSE, on the corner of Falls & Frederick Street in George Town, lately occupied by Mr. PICHON.
Likewise,
THE two well finished three story BRICK HOUSES, adjoining that occupied by Mr. SAMUEL H. SMITH, Printer, on the Pennsylvania Avenue, east of the centre Market House, City of Washington—Apply to
GEORGE THOMPSON, George Town. 6t
To Rent on moderate terms.
A TWO STORY BRICK HOUSE ON A South Capitol Street—in front is a large store completely fitted up for the wet and dry goods business, with a Parlor adjoining, which may be used separate from the House, and leave sufficient room for the accommodation of a private family—a kitchen with servants room over—with a small smoke House adjoining—three stable stalls and enclosed garden. Enquire of Mr. CHARLES VARDEN, New Jersey Avenue, or on the premises, of
THOMAS JONES Nov. 23. 6t
Thomas Carpenter, TAYLOR.
HAS received a very handsome assortment of new goods, consisting of superfine cloths, all the newest and coatiings of all colours.
Patent water proof Cloths, Silk and woolen Molekins, Tellieries, velveteens, &c. of superior quality.
From which, and an acquisition of the newest fashions, and the best workmen, he can assure whatever commanded.
Pennsylvania Avenue, near the President's Square, and New Jersey Avenue, about eight houses from Capitol Square.
Dec. 1, 1802. eptf
TO LET,
And be entered upon immediately, three well finished BRICK HOUSES, NEARLY opposite MORN'S Tavern, on Twelfth Street, very near Pennsylvania Avenue, built for the WASHINGTON BUILDING COMPANY.
The Houses will be rented on very reasonable terms.
Apply to THOMAS CARPENTER near the President's Square. eptf
Dec. 18. 6t
I wish to Rent a Warehouse
and Wharf on Square 472, and two Houses on Square 501. The wharf is situated in a central part of the City, most advantageous for the reception and sale of Lumber, the Warehouse is a commodious three story House with a gairat, the whole length of the house, it is conveniently divided for storing goods of any kind, and has several rooms with fire places. The Houses on Square 501 consist of a brick house with a garden new paled in and a framed wood house near to it. The whole or any part of the above property will be let on reasonable terms.
ROBERT BRENT. Jan. 12. ep2w
A few hundred weight of
Baltimore manufactured loaf Sugar, and a parcel of Seine Twine, of a very superior quality, just received and for sale by
STUART & BEALL.
N. B. They have on hand, French, Peach, and Apple Brandy, Whiskey, Tar and Flour by the barrel, a large supply of Salt and Powder of Paris and Shad.
Jan. 17, 1803. ep7m
The Subscriber has for sale,
London particular Madeira Wine, in pipes and quarter casks; West-India Rum in hds. and barrels; Brown Sugar of excellent quality; and 55 bbls. of Cargo Beef.
WM. BRENT. Washington, Nov. 12. 6t
Members of Congress, Travellers, and those gentlemen whose business call them to the City of Washington, are respectfully informed that the subscriber has established the
UNION TAVERN & WASHINGTON HOTEL,
On Pennsylvania Avenue, first house east of the President's, and one mile from the Capitol.
THERE is a pavement all the way, and the accommodations are equal to any in the United States, having thirty rooms fitted up in an elegant manner. Also, a large Coffee Room, 34 feet by 22—and a room over the same, now finishing, convenient for the reception of any public meeting, with a pleasant view of the Potomac and the surrounding country. All the principal newspapers in the Union are taken and regularly filed.
WILLIAM LOVELL.
N. B.—To Let, a coach and single horse.
Nov. 26. 3m
REAL ESTATE FOR SALE.
By virtue of a decree of the court of chancery of Maryland, the subscribers will expose to Public Sale, on Friday the fourth day of February next, on the premises, all that tract or parcel of land called Harrison's Security, lying in Anne Arundel county, containing 419 1-2 acres, whereon Mr. William Davidson lately resided. This land lies on West river, and has thereon an excellent dwelling-house and all necessary out houses, and three small dwelling-houses now occupied by tenants. The farm is very highly improved, and the soil well adapted for the growth of Indian corn and wheat. The situation is remarkable for its convenience to fish, oysters, and wild fowl of every kind.
The terms of sale of the above tract of land are, that the purchaser shall pay one fourth part of the purchase money on the ratification of the sale by the chancellor, giving bond with approved security to pay one third of the balance in three months, one other third in six months, and the residue in nine months from the day of sale, with interest from the said day of sale.
The subscribers will also expose to public sale, on Wednesday the ninth day of February next, at Mr. Rhodes's tavern, in the City of Washington, sundry lots or parcels of ground in the said city, in the following squares, to wit, parts of squares No. 212, 213, 214, 215, 220, 222, 228, 231, 252, 281, 282, 283, 285, 287, 316, 340, 341, 342, 367, 368, 372, 373, being in the whole 113 lot. The lots or parcels of ground offered for sale in the above squares have been subdivided into convenient building lots, and the whole of them lie to the north-east of the president's squares, and some of them bind on the said square.
The terms of sale of the above lots or parcels of ground are, good negotiable notes, with approved endorser, one third of the purchase money payable in sixty days, one other third in ninety days, and the residue in one hundred and twenty days from the day of sale, with legal interest from the said day of sale.
The whole of the foregoing property having been mortgaged by William Davidson to William Campbell, (which has since been assigned to Thomas Snowden,) is offered for sale for the purpose of raising the sum for which it was mortgaged, with interest.
Upon payment of the whole purchase money the subscribers are authorised to execute deeds for the property sold.
HENRY H. CHAPMAN, TH. HARRIS, Jun. } Trustees.
Jan. 17, 1803. 6t
MARIE ANNE PIC,
Respectfully inform her customers, that she has received a new supply to her
extensive assortment of
MILLINERY GOODS,
Among which are,
Cropt, Brush, and a-la-grecque Wigs, ornamented with Combs and Bandeaux
Sultan Turbans,
Drapery,
Shoes of new color, embroidered & plain
Ridicules of the newest form
Sprinkled Mantoux
Gloves embroidered with gold and silver
Orlrich & silver feathers of the newest fashion
Gentlemen's for gloves and other sorts
Silk Stockings
Satin and crape for dresses
Silk great coats
Muffs and Tippets
Bandeaux a-la-minerva
Flower diadems
Perfumery of all kinds
Socks
Childrens toys
Velvet bonnets, and
Hats of the newest fashion
Lace &c.
Handkerchiefs, &c. &c. &c.
Jan. 19. 3t
Fifty Dollars Reward
RAN AWAY from the subscriber some time in June 1800, a negro woman named Rynar about 25 or 30 years old, about five feet high, dark complexion, specks good English, and is very artful. Rynar is a very good cook, and loves with her needle equal to most women—Rynar was raised by Mr. Debut and sold from that estate to Mr. Robertson, and he sold her to Mr. Ben. Sothorn, who sold her to me—it is likely she has scars on her back, as she has been severely whipped, has a husband who is known by the name of free Joe or Joe Wood—He very often works in the city of Washington, and it is likely Rynar is near that place. Rynar has a sister very like herself who was let free and lives with Mr. Addison near Grub town—Rynar is sometimes in the neighborhood of Mr. Samuel Molton's in Charles county who has her brother. The above reward will be paid to any person that will lodge said negro in any jail and give information to Mr. J. B. Dent or Charles county, or Mr. Joseph Turner of Port Tobacco who will give information thereof to me by a letter directed to Messrs. Haile and Sims Union Courthouse South Carolina, and the money paid as soon as I can get her and take her out of jail.
JOHN S. SIMS.
P. S. Mr. J. B. Dent has power to Sell her for me.
Jan. 17 1803. 3t
FOR SALE,
Dr will be exchanged for a woman house servant that does not breed, A likely NEGRO WOMAN & CHILD—The child a boy two years old, the mother has been chiefly used to house service, and is an excellent washerwoman. The present owner has no need for parting with her except her breeding, which is inconvenient in a family—Enquire of the Printer. Nov. 29. tf.
For Sale or to Rent.
LOT No 3 in square 253 city of Washington, on which are erected a convenient two story frame House, Kitchen, stable and wool house, with a good cellar under the House, and a well enclosed garden. ALSO, a two story brick house on square 432, of 24 feet front and 32 feet back, with a good cellar, calculated for a store and private family; the Lot is 80 feet deep with the benefit of a back alley; also 28 feet front joining Steeles Hotel, and 95 feet ten inches back. Lot no 10 square 143, on which is erected a one story brick house—Lot no 6, square 104, on which is erected a large frame House, with a well enclosed garden, containing nearly one eighth of an acre—for part payment of the three first a small piece of Land convenient to the City will be taken in payment, and the rest part cash and some credit. As to the other two Lots will be sold at one, two and three years credit, giving good security with interest.
To Rent for fourteen years,
LOT No 1 in square 147. Also, for a term of years to be agreed on, No. 1 and 22 in square 376 near the Federal Spring, and for sale Lot no 8, square 238, and no 3, square 725, on which are erected a two story brick House, stable, &c. For terms apply to
JAMES R. DERMOT, Capitol Hill. Dec. 22. taw 3w
T I M B E R
Wanted for cash on delivery.
The Directors for building a Bridge over the Eastern Branch, at the City of Washington, will contract for timber of the following kinds and scantlings, viz :
  80 pieces white oak 34 ft long to be 14 in. by 14 200 do 42 8 by 10   400 do 22 8 by 10   80 piles do 18 14 14   90 do do 20 14 14   20 do do 30 15 15   32 do do 28 14 14   40 do do 18 4 14   60 do do 40 5 15   36 do do 26 14 14   40 pieces white oak } 38 12 12   or blk oak }   80 do do 24 12 13   80 do do 12 12 13   480 pcs. w. oak 10 5 7   480 do do 12 5 7 
The piles will be required square only 15 feet from the butts, and may taper to 10 inches square at the small end.
The timber must be cut before the first of March, and delivered in April. Proposals for contracts will be received until the 25th day of January next.
by WM. BRENT, Secy. Dec. 29. ept25J.
170,038 Acres of Land.
THIS body of land, in one entire and inclusive survey, is offered for sale to any individual or company, who may incline to purchase for the purposes of settlement and emigration. It is situated in the state of Virginia, on the Great Kenawha River, Montgomery county, and is distinguished by the name of "The Great Bend of the Kenawha," being intersected by the Piney river, Great and Little Bluestone rivers, Coal river, and Wyandot river, as also by numerous other creeks and waters, running into said rivers. Numerous mill-sites, inexhaustible bodies of coal, and great appearances of ores, metals, salt springs and salt licks, are to be found on this tract, besides which, sugar may be made thereon to any amount, the sugar trees abound in almost every part.
For fertility of soil, growth of timber, fitness for cultivation, salubrity of climate, and natural advantages, this body of land stands unrivaled by any tract of equal quantity in Western America; it will be submitted for sale to an entire purchaser, until the first day of June next, on very advantageous terms; after which, it cannot be disposed of at any price the present proprietor being compelled to a division thereof. An indisputable title will be given, and for further particulars, as to terms of sale and payment, enquire of JOHN BECKLEY, Esq. Clerk to the House of Representatives of the United States, at the city of Washington. November 1, 1802. tf
CHARLES VARDEN, TAYLOR, FROM PHILADELPHIA.
HAS received from Philadelphia an elegant assortment of the best quality Superfine Cloths, Cashmeres, Silk floridines, Black and fancy silk molekin velvet, white & figured Marcellas, Swandowns, Tolliettes, Velveteens, Fancy cords, Coating, &c.
With a variety of other articles suitable for the winter season.
N. B. Ladies Habits, Regimentals and Navy uniforms made in the first style of fashion.
New Jersey Avenue, the second House from the Capitol Square.
December 8, 1802. tf.
Notice is hereby given to the
Creditors of WASHINGTON BOWIE, a Bankrupt, that a final certificate of discharge will be granted to him at Steile's Hotel, on Monday, the 7th of February next, between the hours of 10 and 12 o'clock, A. M. by the Judge who issued the commission, unless cause be then and there shown to the contrary by the said creditors, or some of them. By order of the Judge.
JOHN C. DENT, Clerk to the Commissioners.
Washington, Jan. 24. ept7r
DOCTOR FENDALL.
Having just arrived in the City of Washington, takes the liberty to intimate to the inhabitants of the City of Washington, George Town, and their vicinage, that he means to exercise his skill in the line of his profession, for a few weeks, and may be spoke with at Mr. Steile's Hotel. The Doctor's knowledge of the natural history of the human teeth—their adjacent parts, and the disorders to which they are subject, acquired by assiduous attention, unrooted study, and experience of an extensive and successful practice for upwards of twenty eight years, will, he hopes, entitle him to the confidence of all those who wish to employ him. He fondly flatters himself he has happily in his power to a great extent without fear to such as have been his patients in the States of Maryland, Virginia, &c. for that degree of reputation which his conduct as a dentist has merited, and given him just claim to. The doctor hopes at least it will be considered as entitled to the highest regard among those of his profession in this country.
The Doctor entreats leave to offer to the public his Columbian anti scorbatic Dentifrice for preserving the teeth, gums, sockets, &c. a dentifrice infinitely superior (he thinks) both in elegance and efficacy, to any thing hitherto used for the teeth and gums. It renders the breath sweet and agreeable, is a powerful anti scorbatic, and free from any corrosive quality whatever. No family, and especially where there are children, should be without this excellent and valuable preparation, which doctor FENDALL avers to be productive not only of those effects and consequences as a sovereign Dentifrice and remedy for the disorders of the teeth and gums, but will also prevent them.
This admirable dentifrice is still to be had (only by Doctor FENDALL) at the moderate price of one dollar a pot with directions. Jan. 12. tf.
The Dey of Algiers.
This beautiful native Arabian Horse,
IS NOW FOR SALE.
The proof of his age and origin may be inspected, and the noble animal himself may be seen, by applying to Charles C. Jones at his farm, seven miles from this town: he is young, healthy and in fine spirits, and condition, and the trial of last season, (the only one he has stood in this part of the world) proves him a first rate getter. As to his form, let those judge who are inclined to purchase.
The best judges have pronounced him perfect; his color is white; he is of full stature for his age, measuring exactly 14 hands 2 and a half inches.
As, if not sold, he will be advertised to cover on the 18th February, I cannot receive propositions later than that day.
JOHN MASON. George Town December 22, 1802. ep4w
NOTICE.
In the matter of JOHN JACK, Bankrupt.
THE subscriber being appointed Officer of the Estate and effects of JOHN JACK Bankrupt, All persons indebted to the said Bankrupt, are requested to make immediate payment otherwise legal steps will be indifferently taken to compel them. RICHARD FORREST, Assignee. Jan. 26. tf.
FOR SALE,
HE following valuable Tracts of land which will be disposed of on reasonable terms, for either cash, property in the city of Washington, good security, or a certain number of negroes, as may best suit the purchaser.
A tract of 300 acres on Second creek, near the Natchez.
150 acres on the river Amite.
400 acres on the river Tangipahoa, opposite to New Orleans. This tract is particularly valuable, on account of its eligible situation, fertility of soil, and abundant supply of fish, which abound in the river, and the neighbouring lake. A post road passes this tract from New Orleans to the Natchez—The above three tracts are within the line of the United States.
A tract of 200 acres on the river Mississippi, Baton rouge settlement.
500 acres back land do. do.
300 acres do. do.
1000 acres do. do.
500 acres do. do.
Those Lands are adjoining Baton Rouge, being the first high ground that commands the river, where the British established a Fort and a strong garrison, which was conquered by Don Gauez and the garrison made prisoners of war, in the year 1779, and this settlement is now one of the most promising on the river, within the Spanish Boundary.
A tract of 900 acres near point Couper, a flourishing settlement. This Property is also within the Spanish boundary. A tract of 7000 acres in Bedford county, on the branches of Otter river, the branches of Reid and Hunting Creeks, branches of James river.
A tract of 4000 acres in Pittsylvania, on Staunton river. Those two tracts just mentioned are in the state of Virginia.
Two tracts of 1200 acres each, in Fayette, near Bourbon county, district of Kentucky, on the waters of Main Licking.
Two valuable lots in the town of Portsmouth. Those tracts are adjoining the ground now occupied by government as a navy yard; they are a growing property, worthy attention.
All the tracts on or near the Mississippi are well calculated for the raising of cotton, indigo, hemp, flax, indian corn, oats, &c. the quality being generally it-ony, and highly productive. Their range for horned cattle, horses, hogs, &c. in all seasons, is equal to any on the continent.
Those who wish to purchase may gain further information by applying to James Duncan, Esq. Carlisle, Pennsylvania; to Dr. Robinson at the city of Washington; or to the Subscriber in the city of Philadelphia—Letters, post paid, will be attended to. OLIVER POLLOCK. Washington, Dec. 27. 1802. law12m
WANTED,
One or two Boys to learn the BOOT and SHOE-MAKING Business—Apply to
JOHN CROOKSHANK. George Town,