The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-09-02 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCCLXIV.
FIVE DOLLARS PER ANNUM.
MONDAY, SEPTEMBER 2, 1805.
PAID IN ADVANCE.
HISTORY
Of the West Indies :
A WORK in the contents of which every citizen of America must be interested, whether devoted to business, or desirous of information through the medium of amusement.
A new & revised edition of Mr. EDWARDS's History of the West Indies, with a third volume, (completed by his amiable author a short time previous to his death) has lately been published in London. This third volume contains the interesting and important history, with a large Map of the Island of St. Domingo, or Hispaniola, as also that of Tobago; together with a history of the war in the West Indies from its commencement in 1793, and a tour of Sir William Young through several of the islands. It is accompanied by a highly finished portrait of Mr. Edwards, a history of his life written by himself, and a prefatory advertisement by Sir William Young, Baronet, M.P. F.R.S. &c. under whose editorship it has been given to the public.
The subscriber, impressed with a sense of the great importance a general knowledge of the history, civil and commercial, of the West Indies, must be to every citizen of America, and of the great celebrity of the above work, proposes to print it by subscription, and respectfully offers the following for public patronage and encouragement.
Proposals for Printing,
From the London copy, 3 volumes quarto, THE HISTORY, CIVIL AND COMMERCIAL, Of the British Colonies in the West Indies.
By BRYAN EDWARDS, ESQ. F.R.S. &c. Containing, with a variety of other matter:—
A political and topographical survey of the sugar islands. A comprehensive account of the ancient and present inhabitants, agriculture, productions, laws, government, constitution and commerce.
An historical review of the slave trade; including observations on the character, genius, disposition, and situation of the enslaved Africans.
An historical review of St. Domingo, comprehending an account of the former government of the French part of that island, its political state, populations, productions, and exports; a narrative of the calamities which have befallen the island ever since the year 1789; and a detail of the transactions of the British army in that island.
Also, a tour through the islands of Barbadoes, St. Vincent, Antigua, Tobago and Grenada, by Sir William Young, Baronet, &c.
A history of the war in the West Indies from its commencement in 1793, &c. &c.
CONDITIONS.
It will be printed in four volumes, large octavo, on a perfectly new and beautiful type, and on a handsome large medium paper, agreeable to a specimen, which may be had at the subscriber's Book Store.
The price to subscribers to be three dollars the volume, in boards; each volume to be paid for on delivery.
With the last volume will be given an ATLAS, (without any additional price) containing the following maps, viz.
 1 A large general map of the West Indies.  2 A map of Jamaica.  3 Barbadoes.  4 Grenada.  5 St. Vincent.  6 Dominica.  7 St. Christopher's.  8 Nevis.  9 Antigua.  10 Virgin Islands.  11 St. Domingo, or Hispaniola.  12 Tobago. 
To prevent disappointment or complaint, it is now promised, that on the publication of the second volume the subscription price will be advanced to three dollars and a half the volume, and on the publication of the last volume the price will be again enhanced.
With the last volume, besides the Atlas, will be given an elegant engraving of the celebrated author. Also a list of the subscribers names.
The London copy of the foregoing work in Second and Walnut Streets, and by the principal Booksellers through the Union.
Subscriptions are received by said Humphreys at his book-store the corner of Second and Walnut Streets, and by the principal Booksellers through the Union.
Philadelphia, July 15—
FOR SALE.
An unfinished two story brick house with an excellent cellar fronting on Seventh Street, east, square No. 907, in the city of Washington; is not disposed of at private sale previous to the 4th day of September next, it will on that day be offered at public sale, for terms apply to the subscriber.
And on the same day will positively be sold a frame house situated on the same street and square as the above property; and a quantity of household and kitchen furniture.
The vicinity of the above property to the navy yard renders it an object worthy of attention.
WILLIAM PROUT.
Aug. 12—
FROM THE BOSTON CHRONICLE.
A summary Historical and Political REVIEW of the Revolution, Constitution and Government of the United States; an ORATION, delivered at Sheffield, July 4th, 1805.
By BARNABAS BIDWELL.
BY the Declaration of Independence, which has just been read, a nation was politically born in a day. On this 29th anniversary of our national birth, we are convened, my friends and fellow-citizens, to commemorate that event, and to unite in mutual congratulation.
A commemoration of Independence naturally leads the mind to a view of the revolution, by which it was established. The revolutionary war occupied little more than seven years and a half, from the battle of Lexington, on the 10th of April 1775, to the signing of the Provisional Articles of Peace, on the 30th of November 1782. But the revolution itself embraced a longer period, including the original dispute between the colonies and the mother country, which was the cause of the war, and the establishment of a federal government, which was the consequence of national independence.
The controversy, which severed the colonies from Great Britain, began after the peace of 1763. It was occasioned by Parliament's claiming a right to tax us without our consent. The first exercise of that claim was in the memorable Stamp Act, passed under the auspices of Mr. Grenville in 1765. That long meditated commencement of a system of American revenue incurred the pointed opposition of the colonies, especially of Virginia, whose spirited resolutions, adopted May 28, 1765, on the motion of the eloquent PATRICK HENRY, set an example to the other colonies, and led the public sentiment on the great constitutional question of Parliamentary taxation. For thus laying the foundation of a revolution, their House of Burgessessess were dissolved by the royal governor.
In June following, the General Court of Massachusetts convened, approved the Virginia resolutions, and added a proposal for a Continental Congress, which was accordingly held at New York, in October of the same year. That body, as well as the assemblies of most of the colonies, resolved and petitioned against the Stamp Act. Associations were formed for suspending the importation of British manufactures, until it should be repealed. The stamp officers were compelled to resign. Dr. FRANKLIN, then residing at London, as a colonial agent, in a public examination at the bar of the House of Commons, persuasively pointed out the probable consequences of attempting to enforce the collection of the Stamp duties. The ministry was changed, and the obnoxious statute was repealed; but the repeal was accompanied by a legislative declaration, "that the Parliament had, and of right ought to have, power to bind the colonies in all cases whatever." The repealing and declaratory acts may be considered as one connected measure, the author of which was Edmund Burke, the soul of the Rockingham administration. The relinquishment of the stamp duties, although a matter of joy at the time, was only a postponement of the rupture. The ground of contest still remained. In execution of the power declared, a subsequent administration, in 1767, introduced a bill laying duties, in the colonies, upon glass, paper, painter's colors and tea, and constituting a board of commissioners to superintend the collection. The principle of this new revenue act was controverted, with great ability, by the celebrated JOHN DICKINSON, in a series of impressive letters, addressed to the public over the signature of a Pennsylvania Farmer . It became a subject of general discussion. The representatives of Massachusetts addressed a circular letter, on the occasion, to the other colonial assemblies, recommending union and concert. They were afterwards required to rescind their vote on this subject, and were dissolved for refusing to comply with the requisition. The Legislature of Virginia remonstrated against the duties, and responded the recommendations of Massachusetts, for which they also were the next day dissolved. The other colonies generally concurred in the recommended concert. Resolutions, remonstrances and associations for non-importation were again resorted to.
Parliament determined on measures of coercion; but in 1770 repealed all the duties, except three pence a pound on tea. That was retained as a test of Parliamentary authority. For the same reason, it was resisted here. It was not the amount, or the mode of the tax, but the principle that was the ground of the revolutionary contest. The colonists contended that taxation and representation ought to be mutual and inseparable counterparts. From the particular subject of taxation the dispute was extended
to general legislation. In 1778 the question of the legislative supremacy of Parliament over the colonies was discussed between governor Hutchinson and the two branches of the General Court of Massachusetts, in the form of speeches and answers.
To counteract the effect of non-importation agreements, and ensure the payment of the duty, as a practical acknowledgment of the right, the ministry engaged the East-India company to send out the dutied article, and vend it in this country, on their own account. The policy was understood. In some of the ports the patriots prevented the landing of the tea, and in others procured it to be reshipped without sale. In Boston, neither of those objects being attainable, it was violently thrown overboard into the harbor, by persons in disguise. This outrage drew down British vengeance upon the capital and whole Province of Massachusetts. Troops were stationed in Boston. An act, for blocking up the port, another for rendering the governor, the council and the judiciary more independent of the people, and in other respects materially changing the charter of the province; and other acts and measures, enumerated in the declaration of Independence, were adopted by the king and parliament.
As Judge Marshall, in the history of the life of Washington, justly observes, "it was expected, that by directing these measures of punishment particularly against Boston, not only the union between the colonies could be broken, but Massachusetts herself could be divided." (a)
It was indeed a critical and distressing period. In the language of Dr. Ramsay, another elegant historian of the revolution, "the patriots, who had hitherto guided the helm, knew well, that if the other colonies did not support the people of Boston, they must be crushed; and it was equally obvious that in their coercion a precedent, injurious to liberty, would be established. It was, therefore, the interest of Boston to draw in the other colonies. It was also the interest of the patriots in all the colonies, to bring over the bulk of the people to adopt such efficient measures, as were likely to extricate the inhabitants of Boston from the unhappy situation, in which they were involved. To effect these purposes much prudence, as well as patriotism, was necessary. The other provinces were but remotely affected with the state of Massachusetts. They were happy, and had no cause, on their own account, to oppose the government of Great Britain. That a people so circumstanced, should take part with a distressed neighbor, at the risque of incurring the resentment of the mother country, did not accord with the selfish maxims, by which states, as well as individuals, are usually governed. The ruled are, for the most part, prone to suffer, as long as evils are tolerable; and, in general, they must feel, before they are roused to contend with their oppressors; but the Americans acted on a different principle." (b)
This observation of the historian was fully justified by the fact. Yes, fellow-citizens of Massachusetts, we ought not, in the midst of our prosperity, to forget that our sister colonies did not desert us in the hour of danger and distress. "The legislature of Virginia, says Judge Marshall in his history, was in session, when the first intelligence of the Boston Port Bill reached that province. The house of Burgessess appointed the first of June, the day on which the bill was to commence in operation, to be set apart for fasting, prayer and humiliation, to implore the divine interposition to avert the heavy calamity, which threatened destruction to their civil rights, and the evils of a civil war; and to give one heart and one mind to the people, firmly to oppose every invasion of their liberties. Similar resolutions were adopted almost every where, and the first of June became, throughout the colonies, a day of fasting, humiliation and prayer, in the course of which sermons were universally preached to the people, well calculated to inspire them with the utmost horror against the authors of the unjust sufferings of their fellow subjects in Boston.
"In consequence of this measure the assembly was dissolved; but, before their separation, an association was entered into, signed by 89 members, in which they declared that an attack on one colony, to compel submission to arbitrary taxes, is an attack on all British America, and threatens ruin to the rights of all, unless the united wisdom of the whole be applied in prevention. They, therefore, recommended to the committee of correspondence, to communicate with the several committees of the other provinces, on the expediency of appointing deputies from the different colonies to meet annually in general congress, and to deliberate on those general measures, which the united interest of America might from time to time render necessary." (c)
(a) 2nd Vol. 150. (b) 1st Vol. 112. (c) 2nd Vol. 162.
These facts, fellow-citizens, I have stated to you, in the very words of a historian, whose authenticity will not be questioned. You will permit me to add, this was the third time the house of Burgessess of Virginia was dissolved for their spirited measures in opposition to parliamentary encroachments on our common rights. Their two last dissolutions were incurred by exertions in support of their brethren in Massachusetts, particularly the suffering citizens of Boston. Such patriotic sympathy, such prompt and effective co-operation in a time of need, received at that day a grateful acknowledgment, and is still entitled to an honorable recollection. Many of my hearers, whose heads are whitened with age, and whose memories reach back to those "times which tried men's souls," are living witnesses of the fact, that the oldest, the largest, the most unanimous of the states, took as leading a part in the republican cause, at the commencement and through all the successive stages of the revolution, as at any later period of our government. But we did not then complain of "Virginian influence," "Virginia domination," and every thing else that either was, or was alleged to be Virginian. It was not then thought excusable, much less patriotic, to array the northern against the southern states, and to stimulate their mutual envy, jealousy, antipathy and habitual hatred, by contrasting their customs and laws, by magnifying their real or imaginary diversities of interest, by traducing their favorite public characters, and touching all the little discordant strings of local prejudices and rival passions. On the contrary, it was esteemed a duty of primary importance, enjoined alike by policy and sound morality, to conciliate, to unite and co-operate in the common cause of our country. Massachusetts and Virginia pre-eminently harmonized in the general objects of the revolution. In such a spirit of union the proposed Congress met at Philadelphia, in September 1774, and again in May 1775, and were thence continued throughout the revolution.
The British troops commenced actual hostilities in April 1775. An army was raised for defence, and George Washington, of Virg. was appointed commander in chief. The war progressed. But there was still a general hope of reconciliation. Independence was not originally the aim of the colonies in their opposition to the claim of British supremacy. Samuel Adams, indeed, and a few other patriots of sagacious and enterprising minds, foresaw that there would be no practicable medium between unconditional submission, and absolute Independence, and early took measures to prepare for the latter. At first the idea was whispered in confidence. By degrees it became more generally diffused, till at length it was directly and openly advocated. The progress of the public sentiment, to that necessary conclusion, was accelerated by "Common Sense," the most popular pamphlet ever published, admired by patriots, who, with Samuel Adams, have reprobated and lamented some later publications of the same author on the subject of the christian religion. Boston and several other towns made serious advances towards a declaration of Independence, by their patriotic votes. But Virginia was the first colony that set the bold example. As early as the 15th of May 1776, their legislature instructed their delegates to move the resolution in Congress, and enforced their instructions by declaring that colony an independent state, before the measure was sanctioned by congress. On the seventh of June the motion was accordingly made by Richard Henry Lee. It was ably supported by John Adams. Notwithstanding many strong objections, and after fair and full discussion, it prevailed by a vast majority. The declaration was drawn by Thomas Jefferson; who in the figurative language of the late Dr. Stiles, president of Yale College, "poured out the sole of the continent into the monumental act of Independence." It is familiarly known to you all that it was signed on the memorable fourth of July.
After such a lapse of years, such a succession of events, and such a change of circumstances, it is difficult, indeed it is impossible, even for those of you who were then on the stage of active life, to go back and realize the anxious, interesting, eventful scene of 1776. History informs us, that in one of the ancient nations, when any man proposed an alteration in their government, he was required to appear, for that purpose, in an assembly of the people, with a halter round his neck; that if his proposition was rejected, he might be hanged upon the spot. With halters about their necks, the signers of the Declaration of Independence set their names to an instrument, which, in case of failure, they knew must be their death warrant. Yes, my friends, had the revolution been crushed, they would have been distinguished from common rebels, and signally executed or exiled, like the regicides of Charles the 1st, of England, or the Emmets and other revolutionary
martyrs of Ireland. The usual consequences of a suppressed rebellion would have pervaded the land. Is any one curious to know the details of wretchedness, which, in such an event, would have been the bitter portion of our fathers, of us and our children? Let him listen to the groans of wretched Ireland. Let him read the description of her oppressions and miseries, in the living pages of CURRAN, till his eyes are fulfilled with tears, and his heart melts with compassion; and, when he closes the volume, blest God for the successful issue of the American Revolution, let him remember, with gratitude, the patriots of 1776, who, in the face of danger and death, declared our independence, and for its support, with a firm reliance on the protection of Divine Providence, pledged, "their lives, their fortunes and their sacred honor." While reaping the harvest which they sowed, we ought, once a year, at least to think of them and of their Declaration, the native political creed of the United States.
When we entered upon independence, our state governments were but imperfectly organized, and we had no organization of a general government. The only authority which Congress possessed, was contained in their respective credentials of appointment. Without power to enact and enforce laws, they could only recommend; and patriotism alone carried their recommendations into execution. A national constitution was requisite. Accordingly in 1777, Congress submitted to the States, "articles of Confederation and perpetual Union." In July 1778, ten states having agreed to those articles, they were signed in Congress; but, to give them validity, the concurrence of every state was necessary; and Maryland did not concur, until March 1st, 1781, when independence had been maintained nearly five years, and the war had been prosecuted almost to its end.
By the Confederation an important point was gained. The system, however, was radically defective; and the finger of experience soon pointed to its defects. Congress were not authorized to raise a revenue themselves; but only to determine the amount to be raised; and to apportion it among the states, in the form of requisitions. The very apportionment, by the rule prescribed, that is according to the value of improved lands and buildings, was found to be impracticable, as well as unjust. To remove that preliminary obstacle, in 1783, Congress proposed by way of amendment to the Confederation, to substitute, for the rule of apportionment, the number of inhabitants in each state, including three-fifths, and excluding two fifths of the slaves. A resolution, containing that proposition, which was the result of long and thorough investigation, passed by nearly an unanimous vote. In an address, reported by Mr. MADISON, Mr. ELLSWORTH and Mr. HAMILTON, and directed to the states, in explanation and enforcement of the resolve, Congress said, "this rule, altho' not free from objections, is liable to fewer than any other that could be devised. The only material difficulty which attended it, in the deliberations of Congress, was to fix the proper difference between the labor and industry of free inhabitants and of all other inhabitants. The ratio ultimately agreed on was the effect of mutual concessions; and if it should be supposed not to correspond precisely with the facts, no doubt ought to be entertained that an equal spirit of accommodation, among the several legislatures, will prevail against little inequalities, which may be calculated on one side or the other." In a temperate state of the public mind, such reasoning could hardly fail of being satisfactory. The general sentiment was strong in favor of the principle of the amendment. It was successively adopted by most of the states; and afterwards introduced into the new Constitution, as the ratio of apportioning both taxes and representatives, because, as Mr. KING declared in the Convention of Massachusetts, "it was the language of all America." But before it had in fact become a part of the Confederation, the attention of the public was drawn to a more fundamental defect, the total want of authority in the national government to levy taxes for national uses, and to regulate trade, without the co-operation of all the state governments.
After various ineffectual efforts to modify the confederation, by specific amendments, suggested by Congress and individual states, the legislature of Virginia, on the motion of Mr. MADISON, proposed a general convention, which was partially attended at Annapolis in

1786, and finally held at Philadelphia in 1787. That assembly was composed of gentlemen of different and even opposite principles of government; and the instrument produced was the result of mutual concessions. Some of the members wished for what they termed a more energetic, or as others would call it a more aristocratic form. One gentleman in particular, who afterwards acquired a paramount influence with the party denominated Federalists, subscribed the constitution, as his funeral eulogist has informed us, under a conviction which he appears to have retained thro' life, and impressed on his political friends, that "it did not contain sufficient means of strength for its own preservation, and that, in consequence, we must follow the fate of other Republics, and pass thro' anarchy to despotism." Those who were of that sentiment, would, of course, endeavor, in practice, to accumulate the powers of the administration, in order to conform it to their standard of good government. This accounts for a train of measures which were afterwards introduced, and on which the two parties separated. On the other hand, many republicans were of opinion that the constitution originally needed more guards against the accumulation and abuse of power; and hesitated as to the propriety of receiving it without explanatory and restrictive amendments. In the convention of Massachusetts, after long deliberation, the turning question was whether such explanations and restrictions should be insisted on as the condition of ratifying the constitution, or be left to the good sense of the nation, to be added by way of subsequent amendments, in the mode provided by the fifth article. On this point the republicans were divided. At length a conciliatory proposition, moved by JOHN HANCOCK, and seconded by his co-patriot SAMUEL ADAMS, containing an unconditional ratification, accompanied with a recommendation of amendments, turned the scale in favor of adoption. A similar mode of decision was pursued in New-Hampshire, New-York, Virginia, North Carolina, and South Carolina.
The government was organized, under the new form, March 4th, 1789; and, in the first Congress, Mr. MADISON, to whom perhaps more than to any other person, we are indebted for the constitution, as it now is, brought forward a motion, in consequence of which two thirds of both Houses of Congress, in pursuance of the recommendations of the state conventions, agreed to twelve articles of amendment, ten of which were afterwards ratified by a constitutional majority of the states. They were all of a republican character; and by their incorporation the republicans, as a party, were not merely reconciled, but firmly attached to the constitution.
The constitutional process of amendment, requiring a proposed alteration to be, in the first place, approved by two thirds of both Houses of Congress, and afterwards to receive the separate and successive approbation of all branches of three-fourths of the state Legislatures, is wisely calculated to admit the improvements dictated by experience, and to exclude dangerous and unnecessary innovations. Such it was in theory, and such it has proved in practice. Various further alterations have been attempted; but only two have prevailed; one of them upon the motion of Massachusetts, declaring a state not sueable by a private citizen; and the other, requiring the electoral votes for President and Vice President to be distinguished, like our votes for Governor and Lieutenant Governor. These, also, were republican amendments. The last was, indeed, originally patronized by both political parties, and recommended by almost unanimous resolutions of New-Hampshire, Vermont and Massachusetts; but its actual proposition by Congress, and final ratification by the states, were strenuously opposed by the whole federal party.
Thus twelve important amendments have been constitutionally introduced, agreeably to the ideas of the republicans, and not one in conformity with the wishes of their opponents. In this history of the formation, adoption and improvement of the constitution, we see the reasons why it has been rising in the estimation of one party, and sinking in the estimation of the other.
Two rival systems of government have long divided the attachment of the world. For the sake of distinction, they may be called democratic and anti-democratic. Democracy is a compound term, derived from two original Greek words, and signifying a government of the people. Such is that of the United States and of this Commonwealth. The very first words of the federal constitution, "We the People of the United States," indicate its democratic character; and the constitution of Massachusetts in express terms, declares that "the people of this Commonwealth have the sole and exclusive right of governing themselves." It is not, therefore, as has been pretended, a mere cant phrase, but the plain unequivocal language of the constitution, that the people
shall govern themselves. Our government, then, is a government of the people, a democracy, in the common and proper sense of the term, the only sense in which there is a democrat in the United States. As the people perform this constitutional self government, not by personally assembling all together, which would be impracticable, but through the agency of Representatives, elected by them, acting for them, and responsible to them, its characteristic definition is a representative democracy. It necessarily involves the idea that the people have the capacity, as well as the right, thus to govern themselves.
The patrons of the opposite system contend, that by the democratic doctrine, we only flatter the people, to obtain their favor and their votes; whereas, by reason of their ignorance, credulity and passions, they are in fact "their own worst enemies," mere instruments of power in the hands of demagogues, incapable of self-government, and requiring independent rulers. "to save them from themselves;" and that democracy, however constituted, promotes insubordination, leads to anarchy and ends in despotism.—Hence they infer the necessity of a government less popular and free, but according to their opinion, more energetic and stable.
Here is the radical point of difference between the two parties or sects, who have divided the political world.
In most countries and ages the anti-democratic system, under some of its various modifications and names, has prevailed and still prevails. The model most approved is the English government, in its compound theory of three independent orders, a hereditary executive, a permanent senate of nobles, and one popular, democratic or elective branch, representing the people, and possessing "an essential share in the sovereignty." It has been pronounced "the most stupendous fabric of human invention," by a gentleman once high in federal office, and still esteemed for his learning, integrity and revolutionary merits by many of those, who, habituated from early years to venerate the name of Adams, and give him their cordial support, have upon reviewing his political writings and reflecting on some of his public measures, felt themselves reluctantly constrained to dissent from his principles of government. (TO BE CONTINUED.)
Congressional Register.
HOUSE OF REPRESENTATIVES
SATURDAY, FEBRUARY 1.
DEBATE ON THE YAZOO CLAIMS, (Continued.)
MR. NELSON said he would not in imitation of the gentleman just sat down, address the passions of the members with the sweet-scented flowers of eloquence, but he would in plain and homespun language make an appeal to their understandings. And he hoped to be able to demonstrate that the present claimants, one and all, were not entitled to a single foot of the land in question, in point of national justice, in point of law, and in point of equity, and that if Congress granted their request they would do an act of high injustice to the whole body politic of the nation.
It astonished me, (said Mr. N.) to hear the gentleman from N. Carolina (Mr. Holland) arguing in justification of the legislature of Georgia which made the fraudulent and villainous contract with the Yazoo speculators of 1795, and were I to go into an argument to prove his mistake I should be deemed one of the most absurd of mankind. I should be endeavoring to prove what no man will deny. Every gentleman I have heard on this floor, except himself, and every one out of doors, nay even the claimants themselves, admit the corrupt views of the legislature of 1795, and the fraudulent means employed by the speculators; a justification of such a contract coming from that respectable gentleman has indeed astonished me. Why, sir, the claimants rest their claim upon the ground of being innocent purchasers, admitting thereby that their grantors were rogues. If it be now admitted, and I believe it will be admitted, by every gentleman in this house except the gentleman from North Carolina, that those men calling themselves the legislature of Georgia did make a fraudulent contract, a contract they were not authorized by the constitution nor called upon by the people to make, and which they could not make, with a set of unprincipled men as bad as themselves—if it be admitted that the contract was fraudulent, and made without power, it was void ab initio , in fact it never was a contract.
What was the power of the legislature under the constitution. Why, to make good and wholesome laws, to advance the happiness and secure the prosperity of the citizens. The legislature is to be considered the mere agent of the people, not their master. If as an agent it made a contract that was fair, or perhaps feasible, and within their powers of agency, it would be binding upon the principal. Such is the doctrine of agency in public as well as in private life. But if I authorize an agent to do certain things for my benefit, and he is detected in a combination with three or four other rascals making a contract to cheat and defraud me of my paternal estate, over which I had given him no authority, shall such a contract, though sanctioned with all the forms of law, be binding upon me,
and shall I lose my estate by their knavery—No, sir, a court of justice, law or equity, would equally scotch the idea—Yes, sir, I aver it, and will maintain it, that from the moment the legislature abandoned, or ceased to regard the interests of the people, which was the true rule of their conduct, from that moment they ceased to be the representatives of the people of Georgia, and all their acts done contrary to those interests were null and void.
If the act of 1795 was null and void, as I contend it was, and as every gentleman but one has admitted to be the case; then, I ask, how are the present applicants the innocent purchasers they claim to be?—Why, sir, if this tract of country, which gentlemen tell us contains 50,000,000 or 40,000,000 of acres, was on and before the year 1795, the property of the people of Georgia, and the legislature had no right to dispose of the same, and the people have never authorized a conveyance, I would ask whose it is at present? Why, sir, it belongs to the people of Georgia; the fraudulent claim of the claimants, called the Massachusetts' Mississippi Land Company, to the contrary notwithstanding. Yet some gentlemen hint that the legislature of 1796 had no right to rescind the act of 1795. Sir, they did not rescind this act, but passed a law declaratory of the nature of the act of 1795, that it never was of any avail, that it never did exist, that it was void ab initio , and that the representatives pretending to make it, never were vested with any power on that subject. And all this is verified by the course which was taken by the people afterwards. They assembled in convention to revise and alter their constitution, and in that constitution they have incorporated the declaratory act of 1796, as an indelible mark of their approbation. Will gentlemen say that the people of Georgia have not a right to change or abolish their constitution for their own security or for the promotion of their own welfare? I believe the right will not be denied, and they have exercised it. I cannot see after this, what ground of law, justice, or equity, the applicants can find to fix their claims upon. A great outcry has been made that they are innocent purchasers, and ought not to suffer for the faults of others. This outcry may take in a few weak men, but certainly this House, with a full knowledge of all the facts, are not to be swayed from the true balance of public and distributive justice. The number of innocent persons concerned in this transaction may be more or less. I know them not, and have only seen the names of two men; these call themselves agents, but agents of whom? Agents of the New-England Mississippi Land Company. If we could learn the names of the members of this New-England Mississippi Land Company, we might from our personal knowledge, or from common report, form some idea of their standing in life. But no, sir, they do not present their petition on their individual subscription, but artfully and cunningly conceal themselves under the cloak of their agents; and to be sure, under the cloak of those gentlemen's names, they may talk of innocence. I am sorry to say it, but I can know no man when I stand on this floor to pass between the claimants & the people of the U. States, that it looks too much like trick and concealment; all is not fair, or they would be open and above board in their application to the national legislature.
I believe if the names of the applicants were disclosed, we might find among them some men of worth and talents; but I believe, at the same time, we should be able to trace the names of some of the greatest and most desperate speculators, remarkable for their success in preying on the indigent; we should very probably find some of those persons in connexion with those who preyed upon your revolutionary soldiers and obtained their final settlement certificates for a mess of portage; the universal abhorrence which is now entertained of such characters would condemn their claims, almost unheard, to the flames. Ah! sir, is there not something deep to be suspected when such names are concealed from the knowledge of this House? Viewing the subject in this light, I cannot consider the applicants as innocent purchasers; but rather as taking this color in order to avoid detection. How stands the fact? So far as we are informed, a set of men, combined from various parts of the union, practised upon a weak and corrupt legislative body in Georgia, to get an act or pretended act to pass for the disposal of a vast territory, travel to the north, and there with others of their associates, contrive to change the names of the holders of the property, in order that they may get their heads out of the halter, and leave it upon the innocent purchaser to procure what they knew they themselves would never be able to obtain. I look upon the case to be something like the thief who having stolen a horse, and being likely to be taken, dismounts, and gives the horse to an honest countryman he has overtaken, with a request that he would walk him along the road to the next tavern where he will wait for him. So the first set of speculators upon Georgia have made a third person an innocent purchaser, that they may obtain from this House, what they well knew they never could obtain in their own right. I say this looks too much like trick; but it is, I trust, a trick too stale to impose upon the Congress of the U. States. It is a trick, sir, as old as the settlement of New-England itself, and will not pass beyond its boundaries.
But let us take these innocent purchasers on their own ground. An innocent purchaser may be defined a person who verily believes that the party selling
has a fair and legal title to what he is about to dispose of. Now will this cap fit the New England Mississippi land company? No, sir, it will not. On the very face of the deed conveying the land, the brand of the fraud is found—Not a man that reads the deed but can see the fraud. Was it ever known that when a man buys land he is willing to take a special warrantee when he can have a general warrantee? But admitting that such might be the case, was it ever known that a man was willing to take a title without any warrantee whatsoever. Nay worse than no warrantee, that he would after paying his money, consent to stand in the shoes of another with all its risks and hazards, of which he has not even the smallest knowledge. Was such a man to come to you, Mr. Speaker, and make you such a proposition for the sale of an estate, would you not instantly conceive that the man was a rogue and meant to swindle you out of your money, or that he thought you a fool easily to be imposed upon? If this was not the course of thought your mind would pursue, what else could be your opinion of a proposition to stipulate such a covenant as there is recited in the deeds of the New England Mississippi land company? Their covenants say that they shall stand in the place and stead of the original grantees. If then the grant was not good to the original grantees, how, in the name of common sense, can it be good to those who by express covenant undertake to stand in their identical place and stead? If you state, sir, that you have no title, and yet I agree to give you money for a conveyance, and oblige myself to stand in your shoes, it is plain that I have not purchased any title. This, sir, is plain, sound sense, intelligible to every farmer and mechanic in the U. States, as well as to the lawyers at the bar. This covenant is in their deed, and it appears to me that the purchasers were willing to enter on a gambling speculation of this kind. We will give one hundredth part of the value for your title, be it such as it is. If we lose we lose little, if we win we make a great estate—Sir, this spirit leads on to a practice well known to happen every day. A man buys a ticket in a lottery expecting to win the 50,000 dollar prize. Hundreds and thousands engage in the purchase of tickets; yet there is but one 50,000 dollar prize, and as all except one must miss of their aim, they ought and I believe they generally do set themselves down contented, although disappointed in their expectation. So, sir, was the case with the New England Mississippi land company, they no doubt expected to make 20 times, or a 100 times the amount of the money they risked in the Georgia land lottery; but they have drawn a blank, and ought to be content. Sir, it was nothing more than a gambling match between the gamblers of the north and the gamblers of the south. For this time the south has won; perhaps the north may on the next gambling match recover or double their stakes. As to the speculators from the south, they had the advantage in the toss up; they said heads, I win, tails, you lose; they could not lose any thing for they had nothing at stake. A gentleman who I have in my eye says, he pities these people; if he would condescend to take a view of them from the elevated stand I have taken, he would see little occasion for pity; he would no longer view them as innocent purchasers, but as gambling speculators, who, having adventured in a play they did not completely understand, have lost the game, and now, like gamblers of the lowest degree, they apply to Congress to return them their money.
The title of these men, as decided by the commissioners, and as yielded by themselves, is neither legal nor equitable; they only claim on the ground of policy, I do not understand that policy. If I have a title to an estate, I claim the whole, I never compromise. If these persons are entitled to the 50 millions of acres, I say in God's name give it them; do not bring them down to five millions, or less. When they apply to this house for this small pittance of their claim, every one must conceive that they do it in consequence of a defective title. The men, whose names I have seen, are not the kind of men to compound; I am surprised that they would put up with such a scanty provision, they generally, I think, exact to the last farthing. These innocent purchasers of fifty millions of acres of land, who claim your pity, and ask for a part of five millions of acres, are men, that if I do any thing for, it shall be justice. What kind of justice would this be considered in common life? My worthy friend from Baltimore, sells me goods to the amount of 5000, I tell him I am able to pay him the whole, but then it will be justice to pay him only 50. What would he or the world think of me for such conduct? Congress to be sure, is a liberal body; I look round this chamber to see the men, who make donations; five millions of acres, with ten millions of dollars to be given—to whom? and for what? During the short time I have had the honor of a seat on this floor, I have been in the habit of presenting petitions, memorials, applications, &c. for a number of my old brother soldiers, worn down by disease & poverty who have established the liberty, the independence, and the government of this country. I have never seen the committee of claims, to whom these petitions have been generally referred, recommend the allowance of a single cent; but your purse proud Yazoo speculators are to have ten millions of dollars, because they have the presumption to ask for it. O tempora! O mores!
MR. SLOAN. Mr. Speaker, In the course of this debate, the time of the House taken up by the supporters of the
resolution has been six hours and thirty three minutes; and by the opposers five hours and two minutes, leaving a balance in our favor of one hour and thirty one minutes—Hence agreeable to equal justice it is our turn now.
I shall first observe that none more than I, regret the great warmth that has appeared in debating upon this important subject. No less important than whether the present Congress will in any degree, sanction an act, which a former Congress has unequivocally declared to be fraudulent; and therefore to all intents and purposes null and void—this I take to be a true state of the question.
Respecting the warmth that has appeared, and which I acknowledge to have risen to too great a height; yet I believe it to have been the product of an honest zeal in the opposers of the resolution, from a conviction of the speculative degree of fraud that evidently appears in the legislature of Georgia, and the original contractors of '95; and therefore, ought to be looked upon with a charitable eye; more especially when full retaliation has been made by the supporters of the resolution. Upon this subject, I shall only notice hereafter, some ungenerous allusions made yesterday to my worthy friend from Virginia, (Mr. Randolph) whose exertions in the sacred cause of liberty rendered his name dear to me, long before I had the pleasure of a personal acquaintance with him.
It has been said, that the perpetrators, or at least, parties to this act, are men of the first respectability in the union. To this I answer, that I do not know them, nor do I wish to know any man whilst sitting in the seat of judgement. But granting the fact, does it sanctify the act? Is a fraudulent act less injurious to the community, for being perpetrated by a person, or persons, that once possessed the confidence of the people, or by being clothed in purple and fine linen? God forbid that even such a sentiment should have place within these walls.
In the course of this debate, I have represented the New England speculators as very wise; and others have represented them extremely ignorant. Permit me also to give my opinion, which is, that if their virtue was equal to their knowledge, they would shine as stars of the first magnitude in the firmament of the United States.
Mr. Speaker, I desire that what I shall say upon this subject, may be considered as pointed at principles that I conceive to be wrong; and not at individuals, otherwise than as those individuals espouse and defend such principles.
Believing as I do, that speculation hath heretofore brought our country to the brink of ruin; I hope charitable allowance will be made, if in my subsequent observations I treat the subject (in the opinion of some) too severely.
An allusion was made yesterday to my friend from Virginia, (Mr. Randolph) which I considered ungenerous; it was an intimation that he had bore no part in the revolutionary war. Mr. Speaker, if patriotism is confined to those only who took an active part in that war, soon, very soon indeed, will patriotism be banished from within these walls. Yet a little space, until the all conquering, and irresistible scythe of time, will cut down all the noble patriots who took an active part therein, and number them with the silent dead!
We were also told by a member from Vermont, (Mr. Elliot) from what source the greatest evil, and injury to republicanism proceeds; viz. from such demagogues as the member from Virginia before alluded to (Mr. Randolph.) But Mr. Speaker, notwithstanding the high ground on which that member stands, and his present exalted station, from whence he looks down upon the tripling and his friends, as one did in days of old upon little David; and notwithstanding his supposed superior strains of eloquence, in which he has so emphatically pointed out the late reign of terror; and the proposed union of honest men—as in this happy land of liberty, infallibility is attached to none, I shall take the freedom of opposing my opinion to his, and say, that not an extreme degree of honest zeal for justice; although the flame may not only have scorched the costly robes of speculators, but have caused the body to smart; is the most dangerous source of evil to these United States; but the supporters of speculation, and speculators; those most dangerous enemies of the just principles of our declaration of independence. This is the real source of danger, the pandora box from which our greatest national evils have and do proceed.
I cannot boast of being a soldier in the revolutionary war, having been educated in a principle that doth not admit of bearing arms; but, Mr. Speaker, we have had a second revolution; from the powers of a host of speculators, who,

as I have before mentioned, brought our country to the brink of ruin—of the reign of terror that preceded this revolution, I can speak experimentally, having been threatened with imprisonment, and death, for my opposition to the party then in power. My wife and tender offspring were terrified with threats of my being executed for high treason, my estate confiscated and they reduced from a comfortable competency, to poverty and want. By whom was this dreadful dilemma, this reign of terror produced? I answer by speculators and their supporters. But a glorious revolution has been effected, not by force of arms; but, by the power of truth and reason, those bloodless conquerors, more powerful than the sword! In this revolution, my young friend from Virginia, before mentioned, bore a conspicuous part, and remains a zealous supporter of the just principles, by which it was effected.
In the course of this debate, preaching has been mentioned. I do not mean to pursue that mode; but shall nevertheless mention a sentence contained in that good old book, so frequently quoted, but whose excellent precepts are too little regarded. It is in the proverbs of Solomon, which my father frequently recommended to my perusal, when but a little boy. The author mentions several great evils, which in that day were common amongst men. I shall mention one great evil, which in modern days is common amongst men; that is, for men after they become vested with legislative or executive authority, to countenance, encourage, and sanction by law, those things which they reproved in others when they were in power. Is not this observation verified in the United States at this time? We have reproved the law of primogeniture in England, by which the land obtained under the feudal system, is retained in a few hands; also, their chartered boroughs, monied aristocracies, &c. And are not we encouraging, and increasing them? And have we not already heard within these walls, the alarming doctrine, that a charter, once granted, cannot be disannulled?
In this happy country land is more equally divided, and it is evident that in these states where the land is divided into small farms, and generally occupied by the proprietors, it is in the highest state of cultivation, and most productive. But, Mr. Speaker, so long as the human species remains liable to corruption, and to be seduced by pride, and an insatiable thirst for riches and power; so long will individuals be striving to destroy this equilibrium, on which depends the peace, liberty, and happiness of mankind. To effect their evil purpose in the U. States, the most powerful engines are paper and land speculation. The latter of these, tho' more slow in its operation, is more certain and therefore more dangerous. It is, in my opinion, the most potent enemy we have to encounter, and most likely to produce in future ages, what God grant may never be the case in this land, a numerous train of poor tenants, coming in the most abject manner, to my lord Nightingale, my lord Scott, &c.
I did not expect, Mr. Speaker, that any member on this floor would have undertaken to support the principle of speculation, but, as that ground has been taken, and the highest authority in the U. States adduced to support it, viz. the purchase of Louisiana, it becomes necessary to analyze both the causes and effects of the two cases, and thereby discover what analogy or likeness they bear to each other—and first, let us enquire what led to the purchase of Louisiana? The best answer to this query will be found in the debates of a former Congress, wherein all the learning, talents and eloquence of divers members were strenuously exerted, and from the length of their speeches, I conclude exhausted, to prove the absolute necessity for the U. States to own the east side of the Mississippi, and the navigation thereof, alleging that it was the key and door of our western country; that we had nothing in our power to give as an equivalent by way of purchase; and therefore must take possession of it by force of arms. Was this the case with the New-England Yazoo speculators, at more than one thousand miles distance? Was it the key or door, through which it was necessary for them to transport the produce of their farms? Again let me ask, was Louisiana purchased as property only for the President and Senate who ratified the treaty; or for every free citizen of the U. States? I suppose the latter, in which opinion I am supported by a law of last session of Congress, declaring null and void all grants for land above five thousand acres to one person; from which it appears not to be intended as an article of speculation.
I shall dismiss this subject with observing, that the human mind must turn indignant, from a comparison of an act the most advantageous, the most laudable, and most praiseworthy that ever adorned the pages of American history; with an act universally acknowledged to have originated in fraud; and as such merits the detestation of every honest citizen. Yes, Mr. Speaker, when speculators shall be consigned to the contempt they justly merit—the purchase of Louisiana shall be recorded in the book of chronicles of the U. States, as chief of the noble acts of, and under the administration of that great
and magnanimous benefactor of mankind, our present Chief Magistrate.
I shall now proceed to a brief investigation of the legality of the Yazoo Claims. It has been alledged that the legislature of Georgia had a right to convey the land now claimed by the N. England Mississippi company—Granted, had the sale been made honestly to the highest bidder, and upon the most advantageous terms for the benefit of the state; but not in the fraudulent manner in which the sale of the land now in dispute was made, wherein the legislature who passed the act were purchasers themselves. In this sentiment I am supported by the highest authority, (viz.) the Congress of the U. States, who have since the fraudulent, pretended act of Georgia on which the present claim is founded, purchased of said state the same tract of land; now if the sale to the Yazoo companies was just, and valid; it necessarily follows that any subsequent purchase by congress, must be invalid, fraudulent and unjust, and the U. States a party to that fraud.
Mr. Speaker, fully convinced that there is no legal claim, I beg the attention of the house to a brief investigation of the supposed equity of this claim. Our passions have been addressed by a member from Massachusetts (Dr. Eustis) in behalf of thousands of innocent sufferers. From this great number one case has been selected, and from the ingenuity, and usual accuracy of the aforesaid member, there is no doubt but out of so great a number he has selected the one best adapted to his purpose. Let us analyse this case, and when reduced to first principles, see what claim there is to the equity and justice of this house. It is a widow, who we are told has lost 80,000 dollars—by what means? By her husband purchasing as much of this land at sixteen cents per acre, as amounted to upwards of sixty thousand dollars, thereby putting in the pockets of the original speculators more than fifty thousand dollars in one sale, giving about seven times the original price, for land yet in possession of the Indians—hence it appears that this purchase was not made with a view of settlement; but upon a principle of speculation—has this case a claim upon the equity of Congress? No more in my opinion than any other species of gambling, whereby a widow and children may have been injured in their property. Such cases indeed merit pity—but, if Congress undertakes to reimburse, every widow, whose husband has lost his property by gambling, we shall soon have an empty treasury. It is said there are innocent purchasers; none such in my opinion has been made appear; I believe there are very few, if any; and if any there be, having been injured by swindlers of their own estate, to them, let them look for redress.
I shall now proceed to some remarks on the narrative of the predisposing causes, and sale of the land now in dispute, given by my worthy friend from Pennsylvania, to which from his usual accuracy, and correctness, I give full credit; and if in the course of my observations I should bring into view the conduct of any, who are gone from works, to future rewards, I beg the members of this house to bear in mind, that the conduct of deceased persons connected with the subject in dispute, was first brought into view, by the supporters of the resolution—to proceed, my worthy friend before mentioned (Mr. Finley) has not given us an abstruse clue, whereby we may unravel the mystery of iniquity; but, presented us with a fair, complete, and finished portrait—he did not present us a key; but himself opened wide the door, and presented to our view the nefarious kernel, the pandora's box, that contained more evil in the same space, than was ever before known in the U. States; or, I hope ever will be!—He tells us that not the long legged speculators of the north came to Georgia; but, the speculators of Georgia, went to the state of Massachusetts; who were those speculators? the chief justice of the U. States, and a senator of the state of Georgia; does the exalted station of those speculators lessen the fraud? No, Mr. Speaker, but in my opinion, greatly increases it; and proves beyond a doubt, that the southern and northern speculators acted in concert; and that for years they had been hovering over, and with eagle eye watching their destined prey; and as soon as the southern vultures found means to strike their horrid talons into it; knowing they could not in peace devour it, in the south—they swiftly flew with it to their associates in northern regions, the farthest boundaries of the United States.
The foregoing portrait exposes clearly to view the whole transaction; and in my opinion fully removes the plea of ignorance; and clearly proves it to have been a long premeditated & preconceived plan of the most fraudulent species of speculation that ever disgraced the annals of history. Upon the whole, it appears to me in so monstrous and horrid a shape, that I know of no name in modern language by which it can be properly described; I must therefore recur to the language of the ancients, and describe it under the similitude of the great Red Dragon, which, &c. John the Divine saw, having seven heads and ten horns, who, with his tail, drew down to the earth a third part of the stars of Heaven! Has not this been literally fulfilled in our land? Has not this horrid monster drawn down from a station where they once shone as stars of the first magnitude, a third part of those entrusted by the people with legislative or executive authority, even to the earth; insomuch that, deluded by the glittering appearance of worldly pomp and shew, and actuated by an insatiable thirst after earthly treasure; they have preferred their own emolument and the prospect of raising their
posterity to opulence and power, to the peace, happiness and prosperity of the United States; as in the present case, betraying the trust reposed in them, and sacrificing the interests of their constituents at the shrine of fraudulent speculation. I shall conclude with fervent prayers on behalf of this beloved country that gave me birth, that the mighty Angel of Justice may speedily lay hold on this Dragon, bind him with a massy chain, and cast him into the bottomless pit, there to remain, not merely one thousand years, but forever and ever!
Before I sit down I shall observe, that notwithstanding I shall vote against the present resolution, if a resolution is introduced for the purpose of bringing in a bill appointing commissioners to investigate the different claims, and select just claims, and innocent sufferers' cases, if any such there be, with the proof thereof, to lay before Congress at their next session, in order to be then provided for and finally settled, such a bill shall have my support.
[TO BE CONTINUED.]
MACHINE FOR CLEANING CLOVER SEED.
The subscriber having obtained a patent for the said machine, which must be deemed a very valuable invention and now solicits the patronage of a generous public. The machine is so constructed that it may be made to go by water, which will clean from thirty to forty bushels per day; a permit for which may be had at the rate of 40 dollars. A permit for a horse mill may be had at the rate of 30 dollars, which will clean in the neatest manner from 10 to 18 bushels per day. Hand mills are made by the subscriber at the rate of 55 dollars which will clean from 4 to 7 bushels per day, which depends greatly upon the dryness or dampness of the air. Permits for hand mills may be had for 16 dollars. The subscriber also wishes to inform the public that he is a mill wright by occupation, and persons wishing to have said machine constructed in their mills upon application to him will have their work done in the best and nicest manner; any such applications will be duly attended to and the public approbation gratefully acknowledged by the public's Humble servant, MICHAEL ZORGER. York county, Penn. Aug 30.
The subscriber begs leave to inform his friends and the public generally, that he has moved from the Navy Yard to the Capitol Hill, in the hotel lately occupied by Mr. R. D. Steele, where he hopes to be favoured with a part of their patronage. It being a desirable situation, and the conveniences of the hotel excelled by none in the city. He therefore hopes to please those that call upon him in every instance. WILLIAM R. KING. August 30—tf.
FLOWER ROOTS.
THEO: HOLT has for sale at his Nursery Garden the following Flower Roots imported by him last spring, but came too late then to offer them for sale, consisting of, Double Yellow Hyacinths, Red do. Blue, do. White, do. Polyanthus Narcissus of sorts, Double Roman, do. Fine mixed Tulips, Large Double Jonquils, Crown Imperials, &c. &c. Washington city, Aug. 25—w6t
Lands for Sale.
PURSUANT to an order of the court of Calvert county—the subscribers will sell at public auction at the house of Mr. James Duke, at Prince Frederick Town in the county aforesaid on the 29th day of August, if fair, if not the next fair day—ALL the real estate of captain Walter Smith late of said county deceased, consisting of the following tracts of land.
The tract on which the said captain Smith resided, containing 1225 1 8 acres lying on the river Patuxent, bounded on the west by said river, and on the south and east by a fine navigable creek called St. Leonards, so that a short fence will enclose the whole land—the soil of this tract is equal to any on Patuxent either for farming, planting, or grazing; and no other season a great abundance of fine fish and oysters may be had either from the river creek.
One other tracts of land in the Forest, about two miles from the former, containing 627 1 2 acres. The greater part of which is covered with hickory, chestnut, and oak wood, and a great proportion of swamp land, which at a trifling expense might be converted into valuable meadow.
One other tract of 536 1 2 acres lying on Chesapeake Bay, bounded on the east by said bay and on the north by a creek called Parker's creek; on this tract there is a very fine salt marsh, a quantity of fine meadow land, and abundance of timber.
It is thought needless to give a fuller description of those lands, as it is presumed no one will purchase without first viewing them. And on application to Mr. John Turner who lives adjoining the first mentioned tract he will show the different tracts as well as the plats of the same.
These different tracts will be sold in a body or divided into lots, as may best suit those who wish to purchase: the purchasers to give bond on interest with approved security for the purchase money to be paid in three equal annual payments the whole interest to be paid yearly. And on the ratification of the sale by the court and a full payment of the purchase money, a deed of conveyance will be executed to the purchasers agreeable to an act of assembly in such case made and provided.
JO. WILKINSON, JOHN TURNER, JAMES HEIGHE } Commissioners. July 31—w6t
WASHINGTON CITY.
MONDAY, SEPTEMBER 2.
It would be a useful, and certainly a not unpleasant task, to form a selection from the best poets, of those sentiments and delineations, which paint in the most glowing colors, and exhibit in the most captivating forms, the honors and triumphs of liberty. Such a work would be admirably fitted for our schools, and most happily calculated to implant the earliest and the most durable impressions of the value of freedom. It would hold up to imitation the characters and actions of the illustrious benefactors of mankind, who have never suffered their personal views to interfere with the good of their country. It would show that the most direct road to immortality is the performance of great and good actions; and that those only command the love of future ages who have been eminently good as well as eminently great. Such selections committed to memory, would in future life be a constant incentive to patriotic exertions. Were such a selection made, no writer would furnish extracts more worthy of notice than Akenside. Who can read the following splendid tribute to the virtues of Brutus, without allowing that the poet possessed a soul equal to the patriot!
Look then abroad through nature to the range Of planets, suns, and adamantine spheres, Wheeling unshaken thro' the void immense, And speak, O man! does this auspicious scene With a that kindling majesty dilate Thy strong conception, as when Brutus rose Refulgent from the stroke of Cæsar's fate Amid the crowd of patriots, and his arm Aloft extending, like eternal Jove When guilt brings down the thunder, call'd aloud On Tully's name, and shook his crimson steel, And bad the father of his country hail! For, lo! the tyrant prostrate on the dust! And Rome again is free!
The New-Orleans Gazette of Friday June 21, says, "that for three days past we have had a continual rain, and a strong wind from E. S. E. which last night blew almost to a storm. The injury sustained by the West country boats, principally from Kentucky, is immense—several boats were sunk—some nearly filled, and their cargoes floated out—whilst those who attempted to unload, got their produce seriously injured by the rain. This ought to be a solemn lesson to adventurers to store up their cargoes immediately on their landing, and not trust them to the mercy of the river and weather."
Yesterday arrived ship Margaret Capt. Gardiner, from Rotterdam, with two hundred and forty German passengers, all of whom have paid their passage. Phil. pap.
Arrivals at New-York bring London advices to the 12th of August.
A change in the British ministry has at length taken place, and the Addington party have been completely ousted. A report was in circulation, but not generally credited, that lord Nelson had fallen in with the combined fleets near the Canary Islands, and after an obstinate engagement, in which both the Spanish admiral and his lordship were killed, the British obtained the victory.
Talleyrand is said to have died at Milan of an apoplectic fit—200,000 French troops were in motion on the French coast, and 2,000 vessels were lying in the road.
Marshal Lasnes had been appointed commander of the army of England. Bonaparte was at Verona on the 17th of June. Lord Sidmouth had retired from the ministry. The articles of impeachment against lord Melville had been presented in the House of Commons, and his trial was expected to come on immediately after a short adjournment of Parliament. Madame Jerome Bonaparte has been safely delivered of a son.
We are inclined to think an error has been committed by the New-York Editor, and that the foreign advices do not come down to a later period than the 12th of July.
GENOA, June 10.
The constituted authorities of Lucca, at the sitting of the 4th June, passed a decree, to be offered to the people for their acceptance, in which it is declared, 1st, that his Majesty the Emperor of France and King of Italy, be requested to give a new constitution to Lucca, and to establish the government in the family of a prince exclusively of a female succession. 2d. That the Apostolical Roman religion shall be maintained, the independence of the state and the national representation shall be preserved, and equality of rights &c of liberty civil and apostolical; that titles and privileges of birth shall be excluded with exception only of the reigning family; that primogenitures and entails should be abolished; that public services and trusts should be conferred only upon citizens of Lucca, excepting in the judicatory, and finally the payment of the public debt should be secured.
CHARLESTON, August 22. The brig Eliza, capt. Taylor, arrived this morning, in 32 days from Malaga. Off Gibraltar, on the 21st July, capt. Taylor spoke a Portuguese 74, and an American brig from the Straits. The master of the latter vessel informed that the Commander of the American squadron had concluded a PEACE with the TRIPOLITANS; but upon what terms capt. Taylor could not learn.
KINGSTON, July 29. His honor the lieutenant governor has been pleased to issue a proclamation on bearing date the 22d inst. allowing that "as the general scarcity of provisions which prevails throughout the island, and the exigency of the case requires it," certain other articles and things not enumerated in the proclamation of the 20th May, shall be permitted to be imported until the 21th day of December next, viz. sheep, hogs, poultry, small live flock of all kinds, fruit, and all kinds of fish, flour, corn, corn meal, bread, rice, peas, and lumber of every description, in vessels belonging to neutrals and other states in amity with Great-Britain.
A Brewery for sale.
By virtue of an authority given to the subscriber will be sold upon the premises to the highest bidder, on Monday the 21th day of October next at the hour of twelve, lot numbered 10 in square east of square numbered 83 in the city of Washington; upon this lot is a male house and a dwelling house of four rooms, to which is attached the brew house, containing a copper of 60 gallons and another of 100 gallons, a mashing tun, at present down, a working tun and a number of hogsheads; also a small granary with cellar room for sixty rum hogsheads—the standing works are convenient and the whole may be put in complete repair for 300 dollars. Annexed to the brewery is a good horse mill. A wharf may be extended from it at a small expence, to receive wood and grain, and beer may be conveyed from it by water to all the more populous parts of the city and George-Town. The above property is extremely desirable in all respects to a person wishing to go into the brewing line.
The terms of sale are, the purchase money to be paid one half in six and the other in nine months. For which payments security will be expected. Any person wishing to view the premises will please apply to Dr. Cunningham residing thereon.
MARSHAM WARING.
Sept. 2—tdol
ENTERTAINMENT FOR Man and Horse.
THE subscriber takes this method to inform the public, and particularly those travelling to the City of Washington, that he has opened a house of entertainment opposite the Branch Bank of the United States, where travellers shall be well accommodated on the most reasonable terms.
THOMAS THORPE.
July 3—rawf.
I will sell upon a liberal credit, the following valuable property.
MY plantation on St. Charles's branch containing 800 acres, about three miles from Upper Marlboro, and not more than one from Patuxent River.
Few plantations in Prince George's County combine greater advantages, or offer an inducement with better prospects of profit.
The situation of the dwelling house is elevated, pleasant and remarkably healthy. The spring water, fine and abundant. The arable land, extremely favorable to the growth of Tobacco, Corn and all kinds of small grain. The meadows, sure to remain so, are extensive, and with proper management will produce two hundred tons of hay annually. This plantation abounds with fine wood, rails, and fine timber, so distributed that little labor is required in making the necessary repairs, and much can be spared in the vicinity of a good market towards refunding the purchaser his money. In 1803 it produced 28,000 lb. of tobacco, with only 11 hands, the product would have been greater the next year, but for the succession of uncommon frosts. The dwelling, out houses, four tobacco houses and four granaries, are in good repair, and the plantation abounds with fruit trees.
The purchaser may be furnished with the negroes on it, about 20 in number, twelve of whom are working hands and of them eleven are men. Mules, horses, about sixty head of cattle, a waggons, a cart, and every necessary for carrying on said plantation.
Strawberry Hill, containing 180 acres with two miles of Upper Marlboro, on the post road leading from thence to the City of Washington. The soil is remarkably fertile and nearly one third may be made good meadow. The buildings are sufficient for a small family, who, with care and industry would be sure to reap, on land, so congenial to the growth of tobacco, corn, small grain and grass the full benefit of their labor.
Its situation renders it a pleasing retreat to a gentleman of fortune, disposed to take the advantages it promises to health, and amuse himself with the cultivation of a small rich plantation, in a genteel neighborhood, at the distance of about 12 miles from the seat of the general government, to which the road is very level, and nearly equal to a turnpike.
Four hundred acres of land about 2 miles from Hancock in Washington County Maryland. About 40 acres of this land is cleared, and a small house on it; the balance heavily timbered, well watered and level, the post road from Hancock to Allegany passes through it; near the road about the centre of the land is a fine spring, well calculated to turn a saw mill, or to carry on a Distillery; timber may be easily taken from this land to Manacack, and from thence floated to the city of Washington, where it always commands a handsome price.
1 Lot in the City of Washington, sq. 654 No 12 fronting 173 feet 7 inches on South North Street, and 55 feet 3 inches on half Street West.
WM B. BEAMS.
Upper Marlboro, July 10—row.

In the case of WILLIAM FOLLOCK an insolvent debtor.
Six months from and after the first day of August next is limited and appointed for the creditors of the said Follock to bring in and exhibit their claims to the trustee. It is ordered that this notice be published in the National Intelligencer and Washington Federalist three times in each paper before the first day of September next. By order of the Hon. Wm. Cranch, Esq. WM. BRENT, Clk. The Subscriber being appointed trustee in the above case, requests the creditors of Wm. Follock to bring in and exhibit their claims agreeably to the above order. JAMES KINNER. August 28-3t
In the case of WILLIAM MURRAY an Insolvent Debtor.
Six months from and after the first day of September next is limited and appointed for the creditors of the said Wm. Murray to bring in and exhibit their claims to the Trustee. It is ordered that this notice be published in the National Intelligencer three times before the first day of October next. By order of the Hon. Wm. Cranch, Esq. WM. BRENT, Clk. The subscriber being appointed Trustee in the above case of Wm. Murray, all persons having claims against him are requested to exhibit them without delay. Also all persons indebted to the said Wm. Murray, prior to his making the benefit of the act of insolvency, are requested to make immediate payment to THOMAS MASTINGLY. August 28-3t
PUBLIC SALE.
IN virtue of an order issued from the bench of Calvert county, will be offered at public sale, on the 28th day of August next, (if fair, if not, the first fair day thereafter) at the late mansion of Benjamin Ward, deceased, at the hour of 12 o'clock, a valuable plantation, containing 134 acres of Land, lying on the Chesapeake Bay, in Calvert county. The improvements are a small dwelling house, kitchen, tobacco house, corn house, and other out houses; a large orchard of fine fruit. This fertile spot has every advantage, it abounds in heavy timber, and has a great proportion of rich low ground, capable of being made into meadow at a very trifling expense. The soil is extremely rich - tobacco, wheat, rye, and Indian corn, grow with little labour - the neighbourhood affords a society of very genteel and friendly people - places of worship surround it - convenience to mills, and a ware house for the inspection of tobacco within two miles of the premises. This Land will be laid off in small parcels, or sold all together, as may best suit purchasers. Bond with approved security will be required, carrying interest from the day of sale, payable in two equal payments, the first in 12, and the last in 18 months from the day of sale. WM. M. CARCAUD, DAVID L. WREMS, CHAS. WILLIAMSON, Commissioners. July 3 ep8w
Twenty Dollars Reward.
SPRAYED or was stolen from the commons of the city of Washington on the night of the 4th inst. a Bright Bay Pilding Horse, about eight years old and fifteen hands high - he has a star in his forehead, and as well as it is recollected one of his fore feet is white - he canters, paces and trots, and puffs his great nostrils - he has had for some time a sore on his back which has prevented his being rode. His tail is cut square and is trimmed remarkably close. The above reward will be paid on the recovery of the horse, and if stolen, for the conviction of the thief, and ten dollars will be paid for the delivery of the horse to the subscriber and all reasonable charges. WILLIAM BRENT. Aug. 12-1f
To be Sold.
Or exchanged for other property in the City, or its vicinity. TWO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 6380 acres, and the other 6252 acres, by late survey. They are under old and indisputable titles of more than twenty years, and situate in a populous county, adjoining flourishing settlements. All taxes thereon have been duly paid. Apply to the subscriber, JOHN BECKLEY. City of Washington, July 17-ep2m
CHARLES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Bennet's cord, toilettes, fancy and white Marfilla, black and figured silk, mouselins, fancy silk, velvets, constitution cords, velvets, Kenoa cord, silk and satin Flore, rons, superfine cord, knapped cloths, with a variety of other articles suitable for the winter season. N. 3. Ladies' hats, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 10-1f
Runaway Negro.
WAS committed to the jail of Frederick county, on the 25th of July last, as a runaway, a negro man named JIM, about 23 years of age, five feet four inches high; His clothing is a velvet jacket, osnaburg shirt and trousers, and a wool hat. He says he belongs to Mr. Evans, of Natchez, and that he was purchased of Rezin Hammond, of Anne Arundel county, Maryland. His owner is desired to release him, or he will be sold for his jail fees agreeably to law. GEORGE CRUAGER, Sheriff of Frederick County. Aug. 16th-1803-1aw6w
1500 DOLLARS REWARD.
HIGHWAY ROBBERY.
YESTERDAY about 11 o'clock in the forenoon, Mr. JOHN PETER, an Officer of the BANK OF COLUMBIA, was stopped on horseback on the road between this town and Alexandria, and within about 2 miles of the latter place, by some unknown villain, shot through the body with a pistol, and robbed of a sum of money in his possession belonging to this institution which he was taking to Alexandria, for the purpose of exchanging with the banks there. The whole sum taken amounted Eighteen Thousand One hundred and Fourteen Dollars and Sixty-five Cents, made up in several packages, among which were,
1 post note of the Bank of Virginia, for 800 1 do. of the same, for 500 1 do. of the same, for 500 1 do. of the same, for 450 1 do. of the Bank of Potomac in favor of Joseph Riddle by him endorsed to Washington Bowie, dated 6 July, 1803. No 117 149 05
A check of the Union Bank, on the Bank of Alexandria, drawn by R. Higginbotham, cashier, in favor of Greatham and Deveraux, by them endorsed and by Benj. Stoddert, and C. Smith, Teller. There were also a parcel of post notes of the Bank of Alexandria for 100 dollars, and for 50 dollars each. The remainder was in current notes, principally of the banks of Alexandria and Potomac, and some few of the Bank of Virginia of different sizes and denominations.
As the attack was sudden, and the wound received of a nature to deprive Mr. Peter instantly of his senses, (although it is now hoped he will recover) the description obtained may not be very accurate - As far as we are informed - the man who perpetrated the act, is of middle stature, good countenance, and had a genteel appearance. He had on a dark blue or black coat, nankian pantaloon, shoes, and a black hat, he was on foot and alone at the time, but may have had accomplices concealed, and will probably change his clothes.
FIVE HUNDRED DOLLARS will be given to any person or persons, who will detect and bring to conviction the robber: and ONE THOUSAND DOLLARS additional for the recovery of the whole of the money, or in proportion for any smaller sum recovered - should there be accomplices, and one of them make a discovery, so that it leads to the conviction of the robber, or to the recovery of the money he shall receive the above reward, and interest will be made to obtain his pardon. WILLIAM WHANN, Cashier of the Bank of Columbia. George Town, July 31-
TO BE SOLD, AT PUBLIC VENDUE,
At Gadsby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon.
A LL that TRACT of LAND late Presly Thornton, Esquire's, situated in Northumberland county, Virginia, lying immediately on the Potomac river. The following description is given of this property by persons well acquainted with it: - "It contains 2,500 acres, 1,700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres heavily timbered, and the remainder very high land extremely productive. The soil of this tract is equal to any in the state for the cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious Brick Mansion House and two Offices, a large Brick Stable, valuable Barn, Cow House, and many other out houses. The Orchards and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Baltimore, Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chestnut timber, for which an excellent market may be found at the city of Washington."
The terms of sale are - one fourth cash one, fourth in one year, one fourth in 18 months and the residue in two years from the day of sale. The payments to be secured by bonds, with mortgages on the premises, and to be on interest from the day of sale. For further information, application may be made in behalf of the subscriber, Thomas Robinson, to Richard Peters, jun. attorney at law in the city of Philadelphia, or to William Lewis, in the same city, (Philadelphia.) THOMAS ROBINSON, W. LEWIS. June 19-ep Sep 16
ELEGANT HOUSEHOLD FURNITURE, FOR SALE.
AT PUBLIC AUCTION on Monday the 2nd day of September next, at 10 o'clock in the morning, at the house of Mr. DAVID RAWN, deceased, a variety of Household and Kitchen Furniture, consisting of Tables, Chairs, Bureaus, Bedsteads, Beds, Bedding, Carpets and Curtains, one superb double barrel'd Fowling Piece, one Franklin, and one Ten plate Stove, together with a variety of other articles, too lengthy to enumerate. Purchasers to pay cash for all sums not exceeding 20 dollars, and six months credit for all purchases above 20 dollars with approved endorsed notes, (negotiable at the Branch Bank of this city) bearing interest from the day of sale. All persons having demands against the estate are requested to bring in their accounts for settlement within three weeks from this time. ELIZA RAWN, JOHN H. CHETNEY, } Adm'rs. August 23-5t
WANTED,
At the PENNSYLVANIA HOUSE and CITY TAVERN, a good HOSTLER and one more WHITE WOMAN COOK, to whom liberal wages will be given. S. MYER, August 26-3t
On a liberal credit.
THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately adjacent to 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 1803-1f
For Sale
IN the county of Prince William, Virginia, Neebico turnice and its appurtenances, with four or five thousand acres of land adjoining, near the town of Dumfries, and within four or five miles of the Potomac - the soil is generally adapted to small grain, and if too considerable for one purchaser, will be laid off in Lots suitable for small farms - a description of the land is thought unnecessary - as those wishing to purchase will no doubt first view it: the payments required will be one third cash, and the other two thirds in annual instalments, to be secured by a mortgage on the land; and no deed given until the last payment is made; any person wishing to purchase, may know the terms by applying to Mr. Thomas T. Page, living near the premises, who is fully authorised by me to sell the whole or any part. JOHN TAYLOR. August 16-3m. N. B. A valuable mine bank in Maryland may be had with the furnace if required. J. T.
ISAIAH BALDERSTON, & SON,
AT the sign of the Fan and Screen, No 52 Front street, Old town, and 1 Hanover street (nearly opposite Evan's Tavern) Baltimore. Manufacture and sell the following articles, viz. - Fans for cleaning wheat, Wire Safes of the most approved kinds, Rolling & Standing Screens (for merchant mills, and starfaced Rolling Screens may be had on the common construction) John Maah Balderston's improved plan, which is found to be superior to any heretofore in use for separating garlic from wheat) Riddles and Seives for corn, coal, ore, barley, rye, oats, flax and clover seeds, wheat, cockle, lime, sand, snuff, flarch, and brick dust. Woven Wire for milk houses and cellar windows, together with all kinds of wire work, of which they constantly keep a complete and extensive assortment. Orders for any of the above articles left with Wm. Morgan, George Town, or forwarded to them will be executed with punctuality and dispatch moderate terms. 8th Mo. 23-
BOARDING SCHOOL FOR YOUNG LADIES.
MRS. LEE takes this method of returning her grateful acknowledgments to her friends and the Ladies and Gentlemen of Washington and its vicinity, for their liberal patronage, and solicits a continuance of their favours which she hopes to deserve by a strict attention to their morals, as well as the other branches of education, and flatters herself from her long residence in Paris, that she is enabled to teach the French language with peculiar advantage.
TERMS AS FOLLOWS: Dollars Board and Tuition, per quarter, 30 Needle and Fancy work, English, Writing, and Arithmetic, 5 French, 4 Small children, 4 Pennsylvania avenue, three doors west of the President's square. August 23-6t
RAGS.
The highest price, in Cash or Books will be given for any quantity of clean Linen and Cotton RAGS, by Rapine Conrad and Co. Capitol Hill. June 24-
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favours whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving - he respectfully solicits a continuance of the patronage of his friends and the public; assuring them that 'tis his full determination to fit up his present hotel, and so to conduct it, as to merit, he hopes, the preference of the public travelling, as well as those coming to the permanent seat of the Government of our Land of Liberty. PONTIUS D. STELLE. Washington City, March 25-1f
Ten Dollars Reward.
WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Crosshwaite, Dublin, and in the outer case was a watch paper with Mr. Parker's name of Philadelphia - Whoever will bring the said watch to the office of the National Intelligencer, shall receive the above reward, and no questions will be asked. May 10-1f
ELIAS B. CALDWELL, ATTORNEY AT LAW,
HAS removed his Office, to the house lately occupied by Mr. Law, on Capitol Hill. Washington, July 26-1f
REMOVAL.
THE CITY TREASURER'S OFFICE and COUNCIL HALL is removed to the Brick House next west of the Theatre. August 23-5t
West Indies.
BERNARD M'MAHON SEEDSMAN, No. 129.
Has just imported from London by the ship Columbia,
A GENERAL ASSORTMENT OF Garden Seeds,
PARTICULARLY of such kinds as are usually in demand in the West Indies, and as other hot climates; and also of such sorts in are necessary for summer and fall sowing in the United States. They are all fresh, of the last season's growth, and will be disposed of on moderate terms. TURNIP SEED.
He has likewise imported from one of the most eminent Turnip farmers in England, a quantity of the genuine White Norfolk field Turnip seed, which is the most profitable kind yet known for cattle feeding, and exceeded by none for ordinary purposes. FLOWER ROOTS.
His flower roots being now taken up, his friends and the public may be supplied with upwards of three hundred varieties of the most superb Tulips, all named, and arranged in their proper divisions, a large collection of the best double Hyacinths, Anemones, Ranunculus, and Jonquils; likewise Crown Imperial, crocus spring and autumnal Cyclamen roots, with several other kinds. BOOKS.
He is constantly supplied with the best and most approved works on Agriculture, Botany and Gardening, and in a few weeks will have ready for publication his treatises on AMERICAN GARDENING, adapted particularly to the climates, seasons, and vegetable productions, that are, or may be profitably cultivated in the United States.
He is also supplied with the best English flour of mustard and split peas; white and brown mustard seed for mangoes, &c. watering pots, hams mats, pruning, grafting, and inoculating knives; garden rakes, hoes, reels, lines, spades, shovels, trowels and edging irons, hot bed lights and glass, hyacinth glasses, red, white, and yellow clover seed, burnet, lucerne, ray grass, timothy, herd grass and orchard grass seeds, lentils, vetches, peas, beans and every other necessary article in the seed trade.
M'MAHON invites, may he solicit a correspondence and reciprocity of services with the admirers of curious and useful vegetable productions, in the United States and elsewhere; and having it considerably in his power, being generally supplied with an immense number of scarce, curious, and valuable seeds, he hopes they will find in him an attentive and useful correspondent. July 15.
Council, Annapolis, May 16, 1805.
ORDERED, That the act so provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American, Telegraph and the Federal Gazette at Baltimore; the National Intelligencer; the Republican Advocate and Bartgis's paper at Frederick Town; Greaves's paper at Hagerstown, and in Smith's and Cowan's paper at Easton. By order, NINIAN PINKNEY, Clerk.
AN ACT
To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
BE it enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and sound legal knowledge, residents of the state of Maryland, who shall previously to and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be styled in the commission chief judge, and the other two associate judges, or the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint; and the salaries of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestions shall be made as
aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court shall hear and determine the same in the same manner as if such prosecution had been originally instituted therein; provided that such further and other remedy may be provided by law in the premises as the legislature may direct and enact.
IV. And be it enacted, That the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the deciding of the same case, before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shore, respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorise the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, in any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amendments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding. May 31-1aw3m
SALE at AUCTION.
ON the 7th of October at 11 o'clock in the forenoon will be sold at public auction (at the COLUMBIAN INN in GEORGETOWN.) a handsome assortment of HOUSEHOLD FURNITURE, consisting of beds, bedsteads and furniture, mahogany dining tables, side board, walnut tables, looking glasses, carpets, chairs, brass andirons, fenders, shovels and tongs, &c. &c. and a great variety of other articles - a liberal credit will be given for all sums above one hundred dollars. JOHN TRAYERS, Auc. Aug. 21-1aw1f
Rapine, Conrad, & Co.
On New Jersey Avenue Capitol Hill, HAVE just received and offer for sale, at a low price, a quantity of PERUVIAN BARK by the pound and smaller quantity. They have also, lately received an addition to their former assortment of books and stationery. July 10-2m