The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1808-01-25 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1156
FIVE DOLLARS PER ANNUM.
MONDAY, JANUARY 25, 1808.
PAID IN ADVANCE.
CONGRESS.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, JANUARY 20.
A report was received from the Secretary of the Treasury in pursuance of the resolution moved by Mr. Van Horn on the 9th inst. stating that there are no documents in the Treasury showing the amount of tonnage exclusively employed in the exportation of articles, the produce or manufacture of the U. States; and that the tonnage used at present for the exportation of articles of domestic growth, produce or manufacture, might, supposing each vessel to make but one voyage, be estimated at about 780,000 tons.
This communication was referred to the committee of the whole to whom was referred Mr. Dana's resolution relative to seamen.
On motion of Mr. Clay, the House went into a committee of the whole on the bill respecting the militia, but a message in writing being received from the President of the United States, before any progress was made, the committee rose and obtained leave to sit again.
The message from the President of the U. S. was then read as follows: To the House of Representatives of the U. States.
Some days previous to your resolution of the thirteenth instant, a court of inquiry had been instituted, at the request of General Wilkinson, charged to make the inquiry into his conduct which the first resolution directed, and had commenced their proceedings. To the judge advocate of that court the papers and information on that subject, transmitted to me by the House of Representatives, have been delivered to be used according to the rules and powers of that court.
The request of a communication of any information which may have been received, at any time since the establishment of the present government, touching combinations with foreign agents for dismembering the Union, or the corrupt receipt of money by any officer of the United States from the agents of foreign governments, can be complied with but in a partial degree.
It is well understood that in the first or second year of the Presidency of General Washington, information was given to him relating to certain combinations with the agents of a foreign government, for the dismemberment of the Union; which combinations had taken place before the establishment of the present federal government. This information, however, is believed never to have been deposited in any public office, or left in that of the President's secretary; these having been duly examined: but to have been considered as personally confidential, and therefore retained among his private papers. A communication from the governor of Virginia to President Washington is found in the office of the President's secretary, which, although not strictly within the terms of the request of the House of Representatives, is communicated, inasmuch as it may throw some light on the subjects of the correspondence of that time, between certain foreign agents and citizens of the United States.
In the first or second year of the administration of President Adams, Andrew Ellicott, then employed in designating, in conjunction with the Spanish authorities, the boundaries between the territories of the United States and of Spain, under the treaty with that nation, communicated to the executive of the United States, papers and information respecting the subjects of the present inquiry, which were deposited in the office of state. Copies of these are now transmitted to the House of Representatives, except of a single letter and a reference from the said Andrew Ellicott, which being expressly desired to be kept secret, is therefore not communicated; but its contents can be obtained from himself in a more legal form; and directions have been given to summon him to appear as a witness before the court of enquiry.
A paper on the commerce of Louisiana, bearing date the 18th of April 1793, is found in the office of state, supposed to have been communicated by Mr. Daniel Clark, of New Orleans, then a subject of Spain, and now of the House of Representatives.
of the U. States, stating certain commercial transactions of Gen. Wilkinson in New-Orleans: an extract from this is now communicated, because it contains facts which may have some bearing on the questions relating to him.
The destruction of the war office by fire, in the close of one thousand eight hundred, involved all information it contained at that date.
The papers already described, therefore, constitute the whole of the information on these subjects, deposited in the public offices, during the preceding administrations, as far as has yet been found; but it cannot be affirmed that there may be no other, because the papers of the offices being filed, for the most part, alphabetically, unless aided by the suggestion of any particular name which may have given such information, nothing short of a careful examination of the papers in the offices generally could authorize such an affirmation.
About a twelvemonth after I came to the administration of the government, Mr. Clark gave some verbal information to myself, as well as to the Secretary of State, relating to the same combinations for the dismemberment of the union. He was listened to freely; and he then delivered the letter of Gov. Gayoso addressed to himself, of which a copy is now communicated. After his return to New-Orleans he forwarded to the Secretary of State other papers, with a request that after perusal they should be burnt. This however was not done; and he was so informed by the secretary of state, and that they would be held subject to his orders. These papers have not yet been found in the office. A letter therefore has been addressed to the former Chief Clerk, who may perhaps give information respecting them. As far as our memories enable us to say, they related only to the combinations before spoken of, and not at all to the corrupt receipt of money by any officer of the United States: consequently they respected what was considered as a dead matter, known to the preceding administrations, and offering nothing new to call for investigations, which those nearest the dates of the transactions had not thought proper to institute.
In the course of the communications made to me on the subject of the conspiracy of Aaron Burr, I sometimes received letters, some of them anonymous, some under names true or false, expressing suspicions and insinuations against Gen. Wilkinson. But one only of them, and that anonymous, specified any particular fact, and that fact was one of those which had been already communicated to a former administration.
No other information within the purview of the request of the House, is known to have been received, by any department of the government, from the establishment of the present federal government. That which has been recently communicated to the House of Representatives, and by them to me, is the first direct testimony ever made known to me, charging general Wilkinson with a corrupt receipt of money; and the House of Representatives may be assured that the duties which this information devolves on me shall be exercised with vigorous impartiality. Should any want of power in the court to compel the rendering of testimony obstruct that full and impartial inquiry which alone can establish guilt or innocence, and satisfy justice, the legislative authority only will be competent to the remedy.
TH: JEFFERSON.
January 20, 1808.
The message and documents being read on motion of Mr. Montgomery, were referred to a select committee, composed of Messrs. J. Montgomery, Nicholas, Uphaam, Smilie, Taylor, G. W. Campbell, and J. K. Smith, with leave to report by bill.
The House again went into committee of the whole on the Militia bill, and the amendment moved by Mr. Clay being yet under consideration, a debate ensued, in which Messrs. Varnum and Chandler opposed the bill as it now stands, and Messrs. Clay, Lyon, Nelson, Withersell and Taylor, supported the principle of classification of the militia. When
The committee rose and obtained leave to sit again, 59 to 21.
THURSDAY, JAN. 21.
Mr. Key offered the following resolution:
Resolved, That a standing committee be appointed to be called a committee of the District of Columbia, to consist of members. It shall be the duty of this committee to take into consideration all petitions and memorials relating to the affairs of the district of Columbia, and to report from time to time by bill or otherwise.
Mr. K. said he would take the liberty of suggesting the reasons of this motion. The district of Columbia was governed by the laws of Maryland on the east, and by the laws of Virginia on the west of the Potomac which existed at the time of cession to the United States. The various modifications made in the state laws since that period, had no operation in the territory which they had ceded. It was desirable that the laws should be rendered uniform and equal in their operation throughout the territory. The object of the resolution was to simplify the business relating to the district. It would be recollected that Congress alone could legislate on this subject: the great measures of national concern had prior claim on the attention of the House, for this reason he had moved the appointment of a general committee.
Ordered to lie on the table for one day.
Mr. Newton, from the committee of Commerce and Manufactures made a report on the petition of Paul, Revere and J. M. Revere, copper-smiths and braziers of Boston, stating that so much of the prayer as asks a duty of 17 1-2 per cent on all copper in sheets imported is unreasonable, but that part which prays that old copper may be imported free of duty, is reasonable.
Mr. Rowan renewed the resolution which he had moved on a former day, but which was not then considered, in somewhat different words, as follows:
Resolved, That a special committee be appointed to enquire into the conduct of Brigadier General Wilkinson, in relation to his having, at any time whilst in the service of United States, either as a civil or military officer been a pensioner of the government of Spain, or relative to his having been an accomplice or in any way concerned during the time aforesaid, in a foreign or domestic project to dismember these United States; and that the said committee have power to send for such persons and papers as may be necessary to assist their enquiries; and that they report the result to this House, that the Congress may be thereby better enabled to legislate upon the subjects of our foreign relations; the increase and maintenance of the army of the United States, and other subjects promotional of the common weal.
Mr. Rowan called for the yeas and nays on the motion now to consider this resolution, which were taken as follows:
YEAS—Messrs. L. J. Alston, W. Alston, Bibb, J. Campbell, Champion, Chittenden, Dana, Davenport, Desha, Ely, Gardner, Garnett, Goldsborough, Gray, Harris, Hoge, Howard, Johnson, Key, Kirkpatrick, Lewis, Macon, Masters, D. Montgomery, T. Moore, Mosely, Pitken, Quincy, Randolph, Rowan, S. Smith, Stanford, Stedman, Sturges, Swart, Taggart, Palmadidge, Uphaam, Van Allen, Van Dyke, Van Horn, Van Rensselaer, Venable, M. Williams, Wilson, and Winn—46.
NAYS—Messrs. Bacon, Bard, Barker, Basset, Brown, Butler, Calhoun, Carlton, Chandlery, M. Clay, Cook, Cotts, Dawson, Deane, Durell, Eppes, Fisk, Franklin, Green, Heister, Holland, Holmes, Humphreys, Isley, Jenkins, Lambert, Love, Marion, M'Creery, Milner, J. Montgomery, N. R. Moore, Jer. Morrow, Jno. Morrow, Mumford, Nelson, Newbold, Newton, Nicholas, Porter, Pugh, Rhea, Ten. J. Richards, M. Richards, Riker, Seaver, Sloan, Smelt, Smilie, J. K. Smith, J. Smith, Southard, Storer, Taylor, Thompson, Wharton, Whitehill, Wilbour, and Withersell—59.
Mr. M. Clay moved that the House go into a committee of the whole on the militia bill. Negatived, 60 to 33.
On motion of Mr. Windle, the House went into committee of the whole, Mr. Masters in the chair, on the report of the committee of Elec-
tions on the contested election of Philip Barton Key, concluding with the following resolution:
Resolved, That Philip B. Key, having the greatest number of votes, and being qualified agreeably to the Constitution of the U. States, is entitled to his seat in this House.
[The ground on which this election is contested, is from non-residence. Mr. Key removed into a House which he built in the county of Montgo- in the state of Maryland, on the 18th of September; the election in which he had a majority of votes took place on the 6th of October; he moved back into the district of Columbia on the 20th of the same month. On the 18th July subsequent to this time, he removed again with his family into Maryland.]
Mr. Rhea moved to strike out all that part of the resolution which is in Italics. Agreed to.
A motion being made to concur in the resolution, as amended, Messrs. Nelson, Love, Mason, Taylor, opposed the report, and Messrs. Sloan, W. Alston, Key and Goldsborough supported it. When,
On motion of Mr. Smilie, the committee rose, reported progress and asked leave to sit again.
DEBATE.
On the Resolution for requesting the President to cause an enquiry to be made into the conduct of General Wilkinson.
THURSDAY, JANUARY 7 (CONTINUED.)
Mr. Burwell's motion for calling on Mr. Randolph and Mr. Clark for information being yet under consideration.
Mr. Bacon said as he should vote on this question in the same way as the gentleman from Kentucky on his left, but from very different reasons from those assigned by that gentleman, he should state his reasons for the vote which he was about to give. It did not appear strange to him that gentlemen should be embarrassed in giving a vote on this question, for he declared that he did not know that any subject had been agitated since he had a seat in this House, upon which he had felt so much doubt; but upon a consideration of the whole ground, he was induced to vote against the resolution; and it was because that an enquiry into which this might lead and which the original resolution proposed, was going into a thing out of their own jurisdiction, and with which they had no right to interfere. Why had they more right to interfere in this than to call upon the judges of the Supreme Court to institute an enquiry into the conduct of their chief clerk? Or why any more right than the President had to call upon this House to enquire into the conduct of its clerk? And as to the arguments of the gentleman from Kentucky with respect to the abuse of power which the Executive department of the government might commit, it had no bearing on the question; it was no argument in this case. The President might in case of war, retain a treasonable man as commander in chief: so might a majority of this House be possibly corrupted. But because an abuse of power might take place on either side, was it any argument, that they should interfere with the power of the Executive or he with theirs? It might be, that to save the republic the people themselves might interfere; this would be a case in which all constitutional power must give way. As therefore he was of opinion that this body had no jurisdiction upon the subject matter, and as it seemed to be thought that if they had no jurisdiction on the main question, they possessed no incidental power, and as he believed they had not a right themselves to enquire, he must believe that they had not a right to take any step to procure evidence.
Though these reasons had great weight with him he would state one or two which somewhat influenced him the other way. The course which had been adopted was calculated to excite suspicions in the public mind; and though this was no question of confidence or diffidence in the Executive, yet when they were called upon to vote on ex parte evidence, and the gentlemen who had been called upon declined stating (except partially) what they knew from the policy of the case, the House might go so far
beyond the constitutional limits as to let their evidence go for the whole it was worth; for by taking a part, it had become necessary to take the whole.
Though these reasons had, as he had said before, some weight on his mind, it seemed to him to be the safest way, in the present state of their proceedings to stop where they were. It was said, and indeed it must be so, that if they called upon one they might call upon every person in the House who possessed information. What shall we do, said he? Erect ourselves into a special court to collect evidence over which we have no jurisdiction? Assuredly the House cannot? These were the reasons then which would influence him to vote against the resolution; in doing which however, he should not be influenced by any question of delicacy towards the gentleman from New-Orleans; and must say that he was a little surprised at the gentleman from Virginia (Mr. Randolph) feeling such extreme delicacy towards him. Were not the House requested to place their power over the gentleman from New-Orleans, by doing which they would obtain important information? The gentleman from New-Orleans had been introduced by the gentleman from Virginia as possessing great information on this subject. After the gentleman from Virginia had given this information to the House, the gentleman from N. Orleans had not been compelled to come forward; but he had voluntarily come forward and given his evidence in part. And after this, was there any inducement in requesting him to give the whole? Mr. B. thought not. He thought there was delicacy due to others in this case; and which would operate as an inducement to Mr. B. to call forth all the evidence as they had already got part of it. But he could not think that they could enter into this business without going beyond the limits of the constitution. He should stop here for he knew where he was; but if he went further he should transgress the constitutional mores, and should not be able to tell on what footing he stood.
Mr. Marion was one of those who thought the House had no power to compel testimony, though he had no doubt that they had a right to request the President to cause an enquiry into the conduct of any officer—that they had a right to do it upon rumor alone if it had acquired such weight as to lessen the confidence of the public in the person involved. The representation made by a gentleman from Kentucky (Mr. Johnson) a few days ago, and by another gentleman from the same state (Mr. Rowan) on this day, would have been sufficient to convince Mr. M. that an enquiry ought to be made. Did the resolution go no farther than to request the gentleman from Virg. to lay on the table those papers which he had read, he should have no objection to it, because they had been voluntarily offered to the House, and were the basis on which the main resolution had been founded; but he would not go farther and call upon the delegate from New-Orleans for his information upon the subject. If a man had already been called upon to give testimony and had refused to give all that might have been necessary, Mr. M. might have voted that he should be called upon to give the remainder; but for the House in the first place to set about collecting testimony to send to a court, appeared to him incorrect. He should be afraid that other cases, extraordinary cases, might hereafter arise, in which this might be drawn into precedent if adopted. If no person paid more respect to precedent than he did, he should not fear; but precedents had been this day read in the case of Sinclair; and hereafter this case might be quoted. Therefore, as the subject was susceptible of division, he should wish the resolution should be divided. That the part which respected the delegate from Orleans might be stricken out, so as only to request the gentleman from Virginia to lay upon the table the papers which he had read the other day.
Mr. GARDNER confessed, that however he admired the feelings of delicacy which had been displayed, they did not strike him as having force in this case. The House might adopt the resolution now under con-

P.B. Keys Contested Election
consideration; and as the information might be given, they might afterwards take such steps as it would warrant. The gentleman from Kentucky had objected to this resolution, and given an argument against it, in itself very forcible, but not applicable to the resolution under consideration. The House was now about to possess itself of such information as might be immediately wanted: it did not follow, that by making themselves acquainted with facts they prevented themselves from taking such other and stronger steps as they might hereafter think proper. There was no ground for the opposition made by the gentleman from Kentucky; for certainly after hearing strong and additional testimony the House would not be less disposed to adopt strong measures than they were now. The hearing therefore was essential. The more information they had, and the more it went to criminate gen. Wilkinson, the more the House would feel it. He thought the resolution was therefore proper altogether; it was getting at the same object which he himself had proposed to accomplish by his former motion for a reference; and thinking this the proper course to be pursued, he should vote for it.
(DEBATE TO BE CONTINUED.)
FRIDAY, JAN. 22.
Mr. Holmes, from the committee of Claims made a report unfavorable to the petition of John Morgan; which was concurred with.
Mr. M. D. Williams offered the following resolution, which was adopted, and Messrs. M. Williams, Livermore, Troup, John Morrow, D. Montgomery, Durell, & Van Horne, appointed a committee.
Resolved, That a committee be appointed to enquire into the expediency of passing a law to punish any person holding an office of profit or trust either civil or military, under the government of the United States, who shall receive money or accept of any present, emolument, office, or title, from any king, prince, or foreign state, without the consent of Congress—and that they have leave to report by bill.
The House then went into a committee of the whole, Mr. Masters in the Chair, on the report of the committee of Elections, yesterday considered on the contested election of Philip Barton Key.
Mr. Van Horne advocated the report.
Mr. Wilkerell said he had heard it reported from a source which was entitled to credit, that Mr. Key the sitting member either now was or had been a British pensioner; this knowledge would bias his vote on the present question. He conceived that an enquiry ought be had into this matter, as were it true, it would certainly be a disqualification; he therefore moved that the committee should rise for the purpose of re-committing the report.
Mr. Key rose to second the motion of the gentleman from Vermont. It was his wish that a charge insinuated privately, should be examined publicly. He himself had never concealed the foibles or follies of his early life; but he had ever since he came into the councils of his country relinquished all claim to any imaginary rank and to any profit which he had derived from a foreign government. He was convinced that the mode which had been adopted of attacking him by insinuations was peculiarly fatal; like the wound of the poisoned dart, which, though it heals to appearance, in time inflicts a certain death.
Messrs. Dana and Smith supported the motion for the purpose of investigating the allegation. Mr. Gardener opposed it.
Mr. Key said as these assertions had been made it was surely incumbent in the House to examine into the facts; for were the allegation true, it would be good ground on which to vacate his seat. It was true that when a person was once declared entitled to a seat, it required two thirds of the House to expel him; but he would never take shelter under this provision. If a majority of the House thought that he was not entitled to his seat, he wished not to hold it for a moment; but he wished that the matter should be investigated immediately that the House might decide whether or not he was entitled to his seat; for their impressions against him being removed, they could without bias decide whether or not he was, according to the report of the committee, duly elected. He was therefore in favor of the committee rising to give an opportunity for investigation; he cared not as to the mode of enquiry which should be afterwards adopted. He understood that this matter had been debated at in the committee of Elections, but had been there abandoned from the want of foundation for the report. He had heard it asserted that when Mr. Monroe arrived, documents were expected to be received to prove the existence of such a fact. He knew that Mr. Monroe had been written to, and during the
contest preceding Mr. K's election it had been industriously circulated and reiterated at every meeting against him. Mr. M. had returned from England, and had passed some time in this city; yet nothing had fallen from him to contradict the denial of these assertions which Mr. K. had made. His constituents knew the very circumstances of the follies of his early life, and his enemies had represented to them that having been once, twenty years ago, in the British army, he was not a proper person to represent them. The people scouted the idea, said Mr. K. they had known me from my infancy; they knew my follies; but I had returned to my country like the prodigal son to his father, had felt as an American should feel, was received, forgiven, and restored to the confidence of the people, of which the most convincing proof that could be adduced, is my election to a seat in this honorable body.
Mr. Macon did not think this the proper way of getting at the proposed enquiry. He was opposed to blending the two cases together in deciding on the title of the gentleman from Maryland to his seat in the House. There was one question now before the House; by uniting the other with it, it might produce an improper bias on the mind of the House. A report was now made and could be decided on; but if re-committed the two distinct questions would be perplexed by being joined together. It was a rule in justice to a sitting member, that decisions should be distinctly had on the specific facts stated by the persons contesting his election.
Mr. Bacon said that the gentleman from N. Carolina (Mr. Macon) had probably stated with correctness the general principles on which the House usually held themselves bound to proceed in cases of this sort. That the reason why they usually confined themselves to the case as stated by the Committee of Elections, on the specific grounds of objection which had been laid before them by those who came forward to contest the election of a sitting member, was from a principle of justice to the member whose seat was in question, in order that he might not be surprised by objections which he could have had no fair opportunity to meet; but as this rule was adopted only from a regard to the rights of the sitting member, it could not surely be improper for the House to depart from it when they had the consent of that member so to do—What was the state of the case now before the House. The gentleman from Vermont states in his place that he had been informed from a source which in his mind entitled it to credit, that a fact existed in relation to the gentleman who claimed a seat from Maryland, which was not stated in the report of the Committee of Elections, but which would have a governing influence upon his mind in determining the right of the sitting member to retain his seat. This fact was denied by the latter, and an enquiry into the truth of it was solicited by him. Certainly then the House could not do justice either to themselves or the sitting member without giving an opportunity for such enquiry, and if there was, as had been suggested, any departure from the customary course of proceeding, in the mode proposed by the gentleman from Vermont, it was with the consent and desire of all the parties concerned, and it was a well known and correct maxim that consent took away error—He was therefore in favor of the motion now before the committee.
After some observations from Messrs. Quincy and Lyon in favor of the rising of the committee (in the course of which Mr. Lyon observed that 16 months had elapsed, in which time had there been truth in the report, the opponents of the sitting member could have collected evidence in proof of it, and would have come forward on that ground to contest his election.)
Mr. Dawson said, the name of Mr. Monroe being mentioned on this floor by the gentleman from Maryland (Mr. Key) in order he presumed to have some bearing on this question, or to make some impression on this House, he deemed it proper in him to state a fact. When Mr. Monroe was in this city, said Mr. D. I had a conversation with him on this subject, in which he stated, that while in London he received one or more letters requesting him to make an enquiry at the proper office relative to Mr. Key's situation with the British government; but considering it not within his official duties, and for reasons conclusive in his judgment he declined so to do—that he never did make the enquiry, and was totally uninformed on the subject. Mr. D. said, he had thought it due to Mr. Monroe and to justice, to make this statement, least an erroneous impression should be made on the House.
Messrs. Desha, Sloan, Gardner, Rhea and Holland supported the motion for the rising of the committee that an investigation might be had to do away unfavorable impressions from the existing report to the prejudice of Mr. Key.
Mr. Gardener contended that every person was eligible to a seat in this House except expressly disqualified by the Constitution; now there was nothing in the Constitution which
disqualified a person from being elected a member on account of his receiving a pension from a foreign government. So that, even were the report correct, it was not connected with the matter under consideration by the committee of the whole, which simply was, whether Mr. Key was duly elected. With regard however to the feelings and prejudices of gentlemen, he should vote for the rising of the committee; because, though theoretically right he might be practically wrong, and perhaps he ought not always to adhere too closely to correct principles.
The committee then rose and were refused leave to sit again.
The report on the contested election of Mr. Key was then re-committed to the committee of Elections.
On motion of Mr. Clay, the House went into a committee of the whole, Mr. Helms in the chair, on the bill for classing the militia. Mr. Clay's motion for filling the blank with "twenty-six" being yet under consideration.
Mr. Chandler moved to fill it with "twenty-nine" years. Negatived, Ayes 5.
The question was then taken on Mr. Clay's motion & carried, 41 to 36.
Mr. Southard moved to strike out the first section, (virtually to reject the bill) in order to try the sense of the House on the principle of classification.
Messrs. Holland, Nicholas, Macon, Clay, and Chandler, supported the general principle of classification, Messrs. Southard, Kelly, Tallmadge and Quincy opposed it.
When the committee rose without taking the question, and the House adjourned till Monday.
WASHINGTON CITY.
MONDAY, JANUARY 25.
City of Washington, Saturday January 23d, 1808.
In pursuance of notice given to the republican representatives of each House of Congress, the number of eighty nine members convened in the Senate chamber at the Capitol; and at half past six o'clock, P. M. STEPHEN R. BRADLEY was appointed President, and RICHARD M. JOHNSON, Secretary.
The meeting proceeded to recommend persons to the citizens of the United States, to fill the offices of President and Vice-President of the United States. The ballot being taken first upon a recommendation for the office of PRESIDENT—John Milledge and Joseph B. Varnum being appointed tellers—the votes were as follows:
For James Madison, 83 For George Clinton, 3 For James Monroe, 3
The ballot being taken then upon the recommendation for VICE-PRESIDENT, the votes were as follows:
For George Clinton, 79 For John Langdon, 5 For Henry Dearborne, 3 For John Q. Adams, 1
Upon motion of Wilson C. Nicholas, a committee of correspondence and arrangement was appointed, in case of the death or resignation of the persons recommended; to consist of the following persons, viz. Mr. Milledge of Georgia, Mr. Taylor of S. Carolina, Mr. Franklin of N. Carolina, Mr. Giles of Virginia, Mr. John Montgomery of Maryland, Mr. Smilie of Pennsylvania, Mr. Kitchel of New Jersey, Mr. Kirkpatrick of New York, Mr. Howland of Rhode Island, Mr. Varnum of Massachusetts, Mr. Parker of New Hampshire, Mr. Bradley of Vermont, Mr. Tiffin of Ohio, Mr. Pope of Kentucky, Mr. Anderson of Tennessee.
Upon motion of Mr. Giles, the following resolution was adopted unanimously:
Resolved, As the sense of this meeting that James Madison of the state of Virginia, be recommended to the people of the United States, as a proper person to fill the office of President of the United States, for four years from the 4th of March, 1809; and that George Clinton, the present Vice-President, of the state of New York, be recommended as a proper person to fill the office of Vice-President for the same term. That in making the foregoing recommendation, the members of this meeting have acted only in their individual characters as citizens; that they have been induced to adopt this measure from the necessity of the case; from a deep conviction of the importance of union to the Republicans throughout all parts of the United States, in the present crisis of both our external and internal affairs; and as being the most practicable mode of consulting and respecting the interests and wishes of all, upon a subject, so truly interesting to the whole people of the United States.
Upon motion of Mr. Montgomery, the following letter was received and read:
Being too unwell to attend the republican convention this evening, agreeably to notice, I hereby constitute my friend Mr. John Montgomery, my proxy, to vote for me in favor of James Madison as President and George Clinton as Vice-President of the United States. Given under my hand and seal this 23d of January, 1808.
LEMUEL SAWYER.
And then the meeting adjourned.
STEPHEN R. BRADLEY, President. RICHARD M. JOHNSON, Secretary.
* Mr. Sawyer's proxy was not received.
NOTICE.
Department of State, 23d Jan. 1808.
MERCHANTS and others wishing to forward letters to Europe are informed that a vessel under the orders of the government, will sail from New-York on the 10th day of February, or as soon thereafter as possible, which will deliver at L'Orient and Falmouth all such letters as may be respectively consigned to those ports, or to other places through the same.
The postage on the letters must be paid to New-York.
The great question "WHO SHALL BE OUR NEXT PRESIDENT," is at length brought fully before the public. Those, who heretofore have been accustomed to take the lead in the nomination of candidates, have proposed JAMES MADISON for President and GEORGE CLINTON for Vice President for the four years subsequent to the current Presidential term. We have, until this moment, refrained from publicly expressing any opinion on this momentous subject, not from the want of a decided conviction upon it; but from a strong, an anxious wish, that the public sentiment should be collected, from a calm and dispassionate consideration of the subject, without those biases and prejudices but too likely to flow from a premature discussion. Aware, too, that it might possibly produce extensive collisions, perhaps local irritations, among those who on the great principles and the leading measures of our republican institutions are undivided, we have thought it advisable not unnecessarily to precipitate a discussion, that might embarrass or frustrate the important measures of defence and protection called for by the crisis.
But the season has now arrived for every independent man to speak out; and to exercise this prerogative of a freeman without fear, and it is to be hoped, likewise without reproach. While, however, this right is asserted with fearlessness, let its exercise not be sullied by intemperance. Let it be uniformly accompanied by a tolerant spirit, that in asserting its own rights, knows how to respect those of others.
If there be a division among the republicans, let it be candid, honorable, magnanimous. Let no good man's character be traduced to brighten that of another. Let the virtues and talents of the respective candidates be spoken of as they really are. While we "nothing extenuate, let us set down naught in malice."
The nominations made by the republican Representatives and Senators have our decided approbation; they are the nominations which we have long confidently anticipated, and which we believe the great body of the people have expected.
In forming this opinion we have strove to form an honest and impartial opinion; and in forming it, we are sensible of no biases personal, local, or political, not directly and necessarily emanating from a regard to our country; from that regard, which should at all times direct the judgement of a good citizen, & which ought at this time to banish every consideration unconnected with the maintenance of those principles, which have established among us the empire of reason, & will finally, if firmly adhered to by us, extend it over the globe. He, who is the best fitted to guide us through the impending storm, without sacrificing these principles, ought to be the man of our choice. Such, we believe, to be James Madison. Whether we contemplate his irreproachable morals, or solid talents, we are supplied with the strongest reasons for approbation. While in private life he has invariably sustained the unassuming character of modest merit, his discharge of public duty has been no less distinguished by intelligence, fidelity and zeal. And above all, we consider him best fitted for the highest honors in the gift of his country, because amidst the various public scenes in which he has been engaged, and in the exercise of the high functions devolved upon him, he has invariably displayed a dignity and mode-
ration, which are at once the best evidence and the surest preservative of republican principles.
We have at length received the long looked for orders of the British Council. They establish the wisdom of the Embargo beyond a shadow of doubt. For so extensive and sweeping are many of their provisions, that it is almost impossible to perceive what commercial ruin might not have ensued from their enforcement, but for this measure. It is evident, from their general tenor, that Britain has assumed the complete empire of the ocean, and that in so doing she considers herself at perfect liberty to treat with the utmost sang-froid the principles which she has heretofore prescribed to herself, those deemed sacred by the whole commercial world, and the stipulations of existing treaties between powers at amity with each other. Under these circumstances a prudent government could not have done less than restrain the rash or dishonest spirit of enterprise whose indulgence hasarded the essential interests of the nation. To have omitted the discharge of so sacred a duty would have justly merited that reprobation, which would most assuredly have been bestowed by those who have been most clamorous against the policy of the measure.
Among the provisions, whose injurious effects might have been the most severely felt by this country, are—the complete and unqualified forfeiture of every ship and cargo which shall carry a certificate of origin—the limitation of our importations from the colonies of powers hostile to Britain to the quantity consumed by ourselves—and the imposition of duties, such as Britain pleases to prescribe, on all such goods imported into her territory and exported to a nation at war with her.
By the first provision, we believe, every species of trade, now authorised by France and her allies to their countries, is prohibited, not under any common penalty, but by the entire confiscation of vessel and cargo.
By the second a rule is applied, not only unjust in itself, but unsusceptible of any other measure of application than shall be applied by the cupidity of the free booter, and the tyranny of power that considers itself irresponsible to any motives other than those which are dictated by its own temporary interests.
And, by the third, the trade of the whole world is made tributary to the injustice and cupidity of Britain.
Such are the very cursory reflections which arise from a single perusal of these celebrated orders. We can consider them in no other light than that of an enforcement of the same principles of absolute power, with the recent proclamation relative to seamen. However general they may all nominally be in their application, they are principally, if not exclusively intended for us. They are, we fear, the pillars on which the pending negotiations are to rest. And they must either be intended to shut the door upon all commercial amity between the two nations; or to be used as so many make-weights in the adjustment of our differences. If dictated by the latter motive, they are predicated on the hope, if not the belief, that the terrors they hold forth will induce us to crouch to terms at which we should otherwise revolt.
If either of these be their object, the Embargo is the correct and commanding measure by which they will be best met. It will, on the first supposition, save our commercial capital from destruction; and on the latter supposition, it will enable our Executive to treat with becoming disregard this signal display of power, by permitting British valor and cupidity to parade the ocean, and there enjoy the proud triumph of fighting wind-mills or waging war with the elements. Secure in ourselves we may laugh this proud spirit to scorn; and may, undismayed till the mistress of the ocean, while you persist in robbing us we will stay at home. Treat us justly, and we will supply you with that, without which your colonies will become the seats of rebellion, and your manufactures be ruined. Continue to exercise a lawless system of injustice, but beware of the consequences! An invading foe may think that the propitious moment for aiming a death blow at your existence, when the arm of brother shall be raised against brother, and when despair shall have left in the breasts of your subjects no hope so animating as that of a complete change of their condition.
On Friday last the question was, at length, taken in the Senate, on the passage of the bill for erecting a Bridge across the Potomac, and carried in the affirmative—Yens 18—Nays 14, as follows:
YEAS—Messrs. Bayard, Bradley, Condit, Crawford, Franklin, Gaillard, Gilman, Goodrich, Howland, Kitchel,

Mathewson, Milledge, Moore, Pope, Robinson, Smith, Ten. Turner, and White.
NAYS—Messrs. Adams, Anderson, Giles, Gregg, Hillhouse, Maclay, Mitchell, Parker, Pickering, Reed, Smith, of Md. Smith, of N. Y. Sumner, and Thruston.
There are some amendments, made by the Senate, which require the concurrence of the House of Representatives.
DIED, on the 7th inst. of a lingering illness, in the 53rd year of his age JAMES DARR, esq. consul-general from the Prince Regent of Portugal to the Eastern States.
CASE OF JOHN SMITH.
WEDNESDAY, JANUARY 20.
After the examination of Mr. Tiffin, the following report of the select committee was taken into consideration:
Mr. Anderson, from the committee to whom were referred several resolutions, which were offered to the consideration of the Senate, in the case of John Smith, Senator from the state of Ohio, reported the following resolution:
Resolved, That on the first day of March next, the Senate will receive such testimony as John Smith, Senator from the state of Ohio, may then adduce in his defence, and that the Senate will then proceed to the final consideration of the report of the committee appointed on the 27th of November last, to enquire into his conduct, as an alleged associate of Aaron Burr; provided, in case Mr. Smith shall adduce evidence to discredit any witness, whose testimony has been made use of against him; that he shall make it appear to the Senate, that reasonable notice had been given to the witness so intended to be discredited, of the time and place appointed for the taking of such evidence, and that he was served with a copy of this resolution.
Mr. Robinson moved to strike out "the first day of March," for the purpose of inserting "on Monday the 25th inst."
Mr. Anderson suggested the propriety of dividing the question, and observed that it had been stated by Mr. Smith that it would be the beginning of February before he could have the assistance of counsel in the room of Mr. Martin.
Mr. Robinson acquiesced in dividing the question.
Mr. Bayard said he understood that it was the object of the motion to preclude Mr. Smith from the opportunity of adducing additional evidence. The committee to whom the different resolutions were referred in the report made by them went on the principle that it was correct and obligatory on the Senate to hear any evidence Mr. Smith could bring from the state of Ohio, the scene of the offences alleged against him. The first of March had been fixed on as the result of a calculation, which allowed two weeks to travel to Cincinnati, two weeks to collect evidence, and two weeks to return. It would be impossible, in a less period of time, to accomplish this object. If, therefore, the amendment were adopted, it must be on the principle of denying to Mr. Smith the opportunity of obtaining this evidence. To deny him such an opportunity, Mr. B. should view as equivalent to an absolute denial to hear him. For what, said he, is a hearing? Not the vain words of counsel unsupported by evidence. Mr. Smith is charged by the allegation of certain facts. If then he is not heard in his defence through the medium of facts, he is substantially not heard at all. I will put the case, that under present circumstances, grounds of suspicion exist that render him unworthy of a seat in this body. But how often has every man, conversant with criminal justice, on the hearing of exparte evidence decided one way, and afterwards on hearing both sides decided otherwise? I will ask gentlemen, what they would say of the judge or jury who, on hearing one side, should declare that the case was so plain that it would be a waste of time to hear the other? Is this procedure sanctioned by any court in this country, or in any part of the world? It is a mockery of justice to say to an individual accused, we will hear you, and yet preclude him from all possible means by which he can be fairly tried. Mr. Smith says he can adduce proof to show the existence of a conspiracy to destroy his character; unless, therefore, you allow him a reasonable time, you prejudicate his case. You refuse him the means of a defence.
Further the committee viewed this, not merely as a decision on the personal application to Mr. Smith, but as establishing an important precedent that would not be confined to this individual case. Let it also be observed that the charges in this case
are generally founded on conversations, charges, which, even if unproved, are from their peculiar nature, the most difficult to be repelled. Shall we, under all these circumstances, say we will hear Mr. S. and yet not listen to his defence? If we will not allow him a reasonable time, we may as well decide on his case at once, for to allow him counsel, without giving him materials for a defence, will be a burthen instead of a benefit.
Mr. Franklin spoke against the amendment, but in so low a voice that we are scarcely able to give his leading ideas. He read the provision of the constitution that authorises the expulsion of a member, and then observed that a member might be expelled on various grounds, some of which, such as disorderly behaviour, might occur under the eye of the Senate, in which case it would be unnecessary to go abroad for testimony; but that the charges in this case were not of this nature. They had been preferred on testimony received from a distance; and all that Mr. Smith asked was the indulgence in the same right of going abroad for evidence to confront that brought against him. And if, as he alleged, he could defend himself by this testimony, Mr. F. was of opinion that the first of March allowed him no more time than was reasonable.
Mr. Adams said he should not have risen, had not the gentleman from Delaware stated the motives of the committee in allowing Mr. Smith until the first of March to adduce additional testimony, and had he not stated that the committee considered this as not only correct in itself, but obligatory upon the Senate. I, said Mr. A. as a member of that committee, thought it not obligatory, tho' I assented to the resolution. I thought, and still think it a measure resting with the discretion of the Senate to adopt or refuse. Nor do I think, if this resolution shall not be adopted, that such a refusal could be considered as refusing a hearing—Notwithstanding, however, this opinion, I gave it may assent, and altho' circumstances have since occurred which render delay less necessary, I am still in favor of it.
[Mr. Adams here specified some of the prominent points of col. James Taylor's testimony before the Senate, as highly corroborative of his previous testimony before the committee. And as to the evidence of Peter Taylor, Mr. A. said it was strongly supported by a late article in the Richmond Enquirer, which he read.]
Mr. Adams observed that, under these circumstances, the probability that Mr. Smith would be able to discredit the witnesses, who had testified against him, was very much weakened. He might go on, and say that the importance of discrediting Glover's testimony was also very much weakened by the evidence of col. Taylor at the bar of the Senate; for the gist of Mr. Smith's affidavit was to show that the charges against him had arisen from a confederacy between Nimmo and Glover. Whatever the testimony of Nimmo and Glover was, it appeared, that it was not transmitted to the Executive until December, 1806; while, by the evidence of col. Taylor it appeared that he had communicated grounds of suspicion totally separate from Nimmo and Glover six weeks previously.
Mr. Adams concluded by observing that, notwithstanding these strong circumstances, he was not disposed to refuse the indulgence desired by Mr. Smith; not because he believed he would not be heard without it, or that he had not already been allowed ample time to collect testimony, or that it was obligatory on the Senate to allow further time; but because he was willing to allow him every indulgence consistent with a shadow of reason.
The question was then taken by yeas and nays on striking out "the first of March," as follows:
YEAS—Messrs. Anderson, Condit, Gilman, Kitchel, Maclay, Mathewson, Moore, Parker, Robinson, and Smith, (Ten.)—10.
NAYS—Messrs. Adams, Bayard, Crawford, Franklin, Gaillard, Giles, Goodrich, Gregg, Hillhouse, Howland, Milledge, Mitchell, Pickering, Pope, Reed, Smith, (Md.) Smith, (N. York) Sumner, Thruston, Turner, and White—21.
The yeas and nays were then taken on the original resolution, and are as follows:
YEAS—Messrs. Adams, Anderson, Bayard, Condit, Crawford, Franklin, Gaillard, Giles, Goodrich, Gregg, Hillhouse, Howland, Kitchel, Milledge, Mitchell, Pickering, Pope, Reed, Smith, (Md.) Smith, (N. York) Smith, (Ten.) Sumner, Thruston, Turner, and White—25.
NAYS—Messrs. Gilman, Maclay, Mathewson, Moore, Parker, and Robinson—6.
On motion of Mr. Adams, ordered,
That the Secretary of the Senate be authorized to obtain from the files of the Circuit Court for the Virginia district a certified copy of the papers under the signature of the Querist, and a file of the Enquirer for the year 1807.
The following reply from Col. MUNROE to the address of the House of Delegates, was read in that body on Thursday:
Richmond, Jan. 12, 1808.
SIR, My return, after an absence of almost five years, to my native country, which I am bound by so many considerations to regard with the utmost degree of gratitude and affection, was in itself an event that afforded me the most sincere pleasure. But it is impossible to describe the sentiments produced in my mind, by the reception which I experienced from my fellow-citizens, and the high honor conferred on me by the Assembly in which you preside, by its address of the 21st of December last.
I rejoice to find that the principles of our revolution, on which all our governments are founded, continue to gain strength in the confidence and affection of our fellow-citizens. Having imbibed these principles from education, I contended for them in early life in the great and glorious struggle which achieved our independence. Experience and reflection have since impressed their truth indelibly on my mind, and in all the transactions in which I have been engaged, I have invariably made them the guides of my conduct. It cannot therefore be presumed that they will cease to animate me hereafter, or that I shall fail to obey their dictates, as long as I exist.
My late employments abroad were confined on me at a time, when I had contemplated the application of my labors altogether to private purposes. It was at the moment of my retirement from the office of chief magistrate of this commonwealth, in which I had the good fortune to acquit myself to the satisfaction of my country. I did not however hesitate to obey the summons addressed to me by a wise and virtuous administration, and to undertake the very arduous duties, in which I was called to participate. In the discharge of those duties I am conscious that I have exerted my best and most unwearied efforts, to maintain the honor of my government and country, and to promote the prosperity and happiness of my fellow-citizens. How far I may have succeeded, it is not for me to decide, but the expression of the public sentiment, by the House of Delegates, communicated by you, will afford me great consolation through all the vicissitudes, whatever they may be of future life.
I beg you to present to my fellow-citizens of the House of Delegates my best wishes for their welfare, as individuals, and to be assured of the high consideration and esteem with which I have the honor to be, your obedient servant, JAMES MONROE.
The honorable the Speaker of the House of Delegates.
From the Albany Register.
It has been lately asserted, that Mr. Masters, one of our members of Congress, declared on the floor of Congress, speaking of the embargo, that he saw the hand of NAPOLEON in the measure. We are told by one of Mr. Masters's immediate constituents, that he denies ever having made such a declaration. The truth is, that the administration are incapable of being actuated either by French or British influence; they are truly American, and as such all true Americans will support them in their just and patriotic determination, to render their country independent in fact as well as in name.
An embargo has been laid on all vessels in the port of Bordeaux, which continued until the 25th of Nov. on account of the sailing of the frigates which lately arrived at Martinique. They sailed on the 17th; but an embargo laid in France in consequence of the departure of national vessels on a foreign service generally continues eight days after their sailing.
REPUBLICAN MEETING.
At a general and full meeting of the Republicans of the city of New-York, regularly convened by public notice, at Martin's Long-Room, on Monday evening, Jan. 18th, 1808.
DE WITT CLINTON, Chairman, JAMES TOWNSEND, Sec'y.
The following resolutions were unanimously passed:
1st. Resolved, That we retain the most full and undiminished confidence in the wisdom, patriotism and integrity of the President, Vice-President and Congress of the United States.
2d Resolved, That approving of the measures which the administration have pursued, we have seen with regret & indignation, that certain public prints (and some of them affecting to speak the sentiments of "nineteenth" of the citizens of New-York)
have stigmatised the general government, and attributed the measures of security which have been adopted, to the "undue influence and interference of one of the belligerent powers." These not being the sentiments of the Republicans of this city, we feel ourselves called upon, by all the ties of honor and duty to the general government, in justice to our own feelings, and for the information of our fellow Republicans elsewhere, to declare, in this explicit and public manner, that the slanders circulated, of "French influence" are in no wise credited by the Republicans of New-York; but on the contrary, we believe them to be base and infamous calumnies, destitute of the semblance of truth, and which have to other effect on our minds than to excite a just contempt and abhorrence of the authors and propagators.
3d. Resolved, As the sense of this meeting, that the period has arrived when it becomes the duty of every American citizen, to submit to all deprivations consequent to the measures government may adopt to redress the violated honor of our country; and, therefore, the citizens here assembled, solemnly pledge themselves to meet every exigency which may result from the measures government may think proper to adopt, to obtain ample reparation for the past and security against future wrongs.
4th. Resolved, That we sincerely sympathise with our fellow-citizens, in this and the other states, who in common with many of ourselves do, and may experience inconvenience, and in some instances distress, in consequence of the present Embargo. But when from information publicly and abundantly received, it appears that we had no alternative but a choice of evils we have no hesitation in declaring that we approve of the course which government has pursued, and we are ready to make any sacrifice in defence of our rights, or to avenge the insults offered to our country.
5th. Resolved, That the proceedings of this meeting be published in all the public papers printed in this city.
By order of the meeting, DE WITT CLINTON, Chairman, JAMES TOWNSEND, Sec'y.
DECREE, NO. II. At the Court of Queen's Palace, the 11th Nov. 1807.
PRESENT. The king's most excellent majesty in Council.
Whereas articles of the growth and manufactures of foreign countries cannot by law, be imported into this country, except in British ships, or ships belonging to the countries of which such articles are the growth and manufacture, without an order in Council, specially authorizing the same.
His majesty, taking into consideration the order of this day's date, respecting the trade to be carried on to and from the enemy, and deeming it expedient that any vessel belonging to any country in alliance, or at amity with his majesty, may be permitted to import into this country articles of the produce or manufactures of countries at war with his majesty.
His majesty, by and with the advice of his privy council, is hereby pleased to order, and it is hereby ordered, That all goods, wares and merchandise specified and included in the schedule of an act, passed, in the 43d year of his present Majesty's reign, entitled an act to repeal the duties of customs, payable in Great-Britain and to grant other duties in lieu thereof, may be imported from any port or place, belonging to any state not at amity with his majesty, subject to the payment of such duties, and liable to such drawbacks as are now established by law upon the importation of said goods, wares or merchandise, in ships navigated according to law, and with respect to such of the said goods as are authorised to be warehoused under the provisions of an act, passed in the 43d year of his present Majesty's reign, entitled, an act for permitting certain goods imported into Great Britain, to be secured in warehouses without payment of duty, subject to all the regulations of the said last mentioned act, and with respect to all articles which are prohibited by law from being imported into this country, it is ordered, that the same shall be reported for exportation to any country in amity or alliance with his majesty.
And his majesty is further pleased by and with the advice of his privy council, to order, and it is hereby ordered, that all vessels which shall arrive at any port of the United Kingdom, or at the port of Gibraltar or Malta, in consequence of having been warned pursuant to the aforesaid order, or in consequence of receiv-
ing information in any other manner, of the said order, subsequent to their having taken on board any part of their cargoes, whether previous or subsequent to their sailing, shall be permitted to report their cargoes for exportation, and shall be allowed to proceed upon their voyage, to their original ports of destination (if not appraised before the issuing of the said order) or to any port at amity with his majesty, upon receiving a certificate from the collector or comptroller of the customs at the port at which they shall so enter, which certificate the said collectors & comptrollers are hereby authorised and required to give; setting forth that such vessels came into such port in consequence of being so warned or of receiving such information as aforesaid, and that they were permitted to sail from such port under the regulations which his majesty has been pleased to establish in respect to such vessels; but, in case any vessel so arriving shall prefer to import her cargo, then such vessel shall be allowed to enter and import the same upon such terms and conditions as the said cargo might have been imported upon according to law, in case the said vessel had sailed after having received notice of the said order, and in conformity thereto.
And it is further ordered, that all vessels which shall arrive at any port of the United Kingdom, or at Gibraltar, or Malta, in conformity or obedience to the said order, shall be allowed in respect to all which may be on board the same, except sugar, coffee, wine, brandy, snuff and tobacco, to clear out to any port whatever, to be specified in such clearance, and with respect to the last mentioned articles to export the same to such ports, and under such conditions and regulations only, as his majesty, by any licence to be granted for that purpose may direct.
And the right honorable the Lords Commissioners of his majesty's treasury, his majesty's principal Secretaries of State, the Lords Commissioners of the admiralty, and the Judges of the high court of admiralty and the courts of vice-admiralty, are to take the necessary measures herein, as to them shall respectively appertain.
W. FAWKENER.
DECREE, NO. III.
At the Court at the Queen's Palace, the 11th Nov. 1807.
PRESENT. The king's most excellent majesty in Council.
Whereas, the sale of ships by a belligerent to a neutral is considered by France to be illegal; and
Whereas, a great part of the shipping of France and her allies, has been protected from capture during the present hostilities, by transfers or pretended transfers, by neutrals; and
Whereas, it is fully justifiable to adopt the same rule in this respect towards the enemy, which is applied by the enemy to this country.
His majesty is pleased by and with the advice of his privy council, to order, that in future, the sale to a neutral of any vessel, belonging to his majesty's enemies, shall not be deemed to be legal, nor in any manner to transfer the property, nor to alter the character of such vessel; & all vessels now belonging, or which shall hereafter belong to any enemy of his majesty, notwithstanding, any sale or pretended sale to a neutral, after a reasonable time shall have elapsed, or receiving information of this, his majesty's order, at the place where such sale or pretended sale was effected, shall be captured and brought in, and shall be adjudged as lawful prize to the captors.
And the right honorable the Lords Commissioners of his majesty's treasury, his majesty's principal Secretaries of State, the Lords Commissioners of the admiralty, and the Judges of the high court of admiralty and courts of vice-admiralty, are to take the necessary measures herein as to them shall respectively appertain.
W. FAWKENER.
Will be Sold at Public Auction, ON the Premises, on Thursday the 25th day of February next, part of LOT 1. o. 4, in Square 78 being 28 feet front, near the Western Market, and extending back about 147 feet to an alley. There is erected upon this lot, a good BRICK BUILDING covering the whole front, with a good Kitchen and enclosure, and was formerly occupied by Dr. Butler. As the property is well known, nothing further descriptive is at night necessary.
100 or 25—100
COLUMBIAN LIBRARY. The Shareholders in the Columbian Library, who have not paid the annual contribution which became due on the 1st inst. will take notice that their Shares will be forfeited, if payment is not made before the 1st day of February next.
DAVID WILEY, Treasurer. Georgetown, Columbia Jan. 22—18.

AN ACT Supplementary to an act entitled "An act regulating the grants of land and providing for the disposal of the lands of the United States, South of the state of Tennessee"
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That every person and the legal representatives of every person, who being either the head of a family or above the age of twenty-one years, and who did on the third day of March, one thousand eight hundred and seven, actually inhabit and cultivate a tract of land not claimed by virtue of a certificate granted by the boards of commissioners east and west of Pearl river, in the Mississippi territory, and who has obtained permission to remain on such tract or tracts of land agreeably to an act entitled "An act to prevent settlements being made on lands ceded to the United States, until authorized by law," shall be entitled to a preference in becoming the purchaser from the United States of such tract of land, at the price at which the other lands of the United States in the said territory are directed to be sold, and payment may be made therefor in the same manner and under the same conditions as directed by law for such other lands: Provided, that such tract of land shall not exceed one section: And provided also, that the same shall be surveyed agreeably to the sectional lines already established, or which may hereafter be established by the surveyor of the lands of the United States south of the state of Tennessee.
Sec. 2. And be it further enacted, That every person claiming a tract of land by virtue of this act, shall, before the first day of October next, deliver to the register of the land office within whose district the land may be, a notice of his claim, in writing, together with a plat of the tract of land claimed; & if any person shall fail to deliver such notice and plat, the person or persons so failing, shall forfeit all claim, or pretension of claim to such tract of land, and the same shall be sold with the other lands of the United States in said territory.
Sec. 3. And be it further enacted, That persons entitled to a right of pre-emption under the first section of this act shall be allowed until the first day of January, one thousand eight hundred and nine, to make the first payment of the purchase money of such tract or tracts of land as may be claimed by virtue of said section, and the residue of the said purchase money shall be paid in the same manner and under the same conditions as directed for the other lands in said territory.
Sec. 4. And be it further enacted, That this act shall not extend to any person or persons claiming other lands in said territory in his or their own right, by virtue of British or Spanish grants, or to any person or persons to whom a donation has been granted, by either of the said boards of commissioners.
J. B. VARNUM, Speaker of the House of Representatives. GEO: CLINTON, Vice-President of the United States and President of the Senate. JANUARY 19, 1808. APPROVED, TH: JEFFERSON.
AN ACT To receive and continue in force for a further time the first section of the act, entitled "An act further to protect the Commerce and Seamen of the United States against the Barbary Powers."
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That so much of the Act passed on the 25th day of March, 1804, entitled "An Act further to protect the Commerce and Seamen of the United States, against the Barbary powers," as is contained in the first section of the said act, be, and the same hereby is revived, and continued in force, until the first day of January next: Provided, however, That the additional duty laid by the said section, shall be collected on all such goods, wares and merchandise liable to pay the same as shall have been imported previous to that day.
J. B. VARNUM, Speaker of the House of Representatives. GEO: CLINTON, Vice-President of the United States and President of the Senate. JANUARY 19, 1808. APPROVED, TH: JEFFERSON.
BOARDING HOUSE. GENTLE BOARDING may be had in a Private Family, next door west of the Old Bank, Georgetown—a very good Livery Stable Handy. A likely NEGRO GIRL for sale, between 12 and 13 years of age. December 14—law
For sale 35 Negroes, STOCK, plantation utensils, &c. at Hezekiah Wood's house, in the district of Columbia, and within one mile of the President's house. The sale will commence on the 25th inst. at 11 o'clock A. M. and the terms of sale made known on the day of sale. THOMAS PETER and others, ex'rs of Robt. Peter, deceased. Jan. 13.—ts.
ALSO For Sale 150 Negroes, Together with stock, plantation utensils, &c. on the first day of February next, at Anthony Tracey's House, in Montgomery, and within two miles of Messrs. Bowz and Hersey's Mill, Seneca. The terms of sale will be made known on the day of sale. THOMAS PETER & others, Ex'rs. of Robert Peter, deceased. Jan. 13.—ts.
ROSS AND GETTY, HAVE for sale at their store George Town, the following articles just received from Philadelphia, by the schooner Carolina, capt. HAND, jun. viz. 30 kegs butter, 20 barrels, New Town, Pippin Apples, 10 do. buck wheat flour, 10 do. Cranberries, and 10 do. shell bark hickory nuts. Also a small assignment of very elegant Looking Glasses, Waiters, Trays, polished steel Shovel and Tongs, with cut and brass heads, &c. &c. January 9—tf
Proposals for carrying the Mails of the United States on the following post-roads, will be received at the General Post-Office until the 14th day of February next.
 1. From Fredericksburg by Orange ch, Milton & Charlottesville to New York once a week. Leave Fredericksburg every Wednesday at 8 p m, & arrive at Charlottesville on Friday by 6 a m—Leave Charlottesville at 7 a m and arrive at New York by 11 a m—Leave New York every Friday at 1 p m, arrive at Charlottesville by 5 p m and arrive at Fredericksburg on Sunday by 10 p m.  2. From New York by Wanesboro' to Staunton once a week. Leave Staunton every Friday at 6 a m and arrive at New York by 11 a m. Leave New York every Friday at 1 p m and arrive at Staunton by 6 p m.  3. From Richmond by Goochland ch, Columbia, Rising Sun and Milton to Charlottesville once a week. Leave Richmond every Tuesday at 1 p m and arrive at Charlottesville on Thursday by 6 p m—Leave Charlottesville every Saturday at 5 a m, and arrive at Richmond on Monday by 11 a m.  4. From Lancaster by Elizabethtown, Middletown, Harrisburg, Carlisle and Shippensburg to Chambersburg 3 times a week—Leave Lancaster every Monday, Wednesday & Friday at 4 p m, & arrive at Chambersburg on Tuesday, Thursday and Saturday by 10 p m—Leave Chambersburg every Tuesday, Thursday and Saturday at 2 a m, and arrive at Lancaster by 12 p m.  5. From Chambersburg by McConnellsburg, Bedford, Somerset & Greensburg to Pittsburgh three times a week. Leave Chambersburg every Monday, Wednesday and Friday at 5 a m, arrive at Somerset on Tuesday, Thursday and Saturday by 9 p m, and arrive at Pittsburgh on Thursday, Saturday & Tuesday by 10 a m—Returning, Leave Pittsburgh every Tuesday, Thursday and Saturday at 2 p m and arrive at Chambersburg the next Friday, Monday and Wednesday by 8 p m. 
NOTES. 1. The contracts for the three first mentioned routes are to be in operation on the 1st day of April next, & to continue in force one year. Contracts for the two last routes are to be in operation on the 1st day of July next and continue until the 30th of September 1809. 2d. The contractor will be subjected to the usual penalties for delays and failures, which will be specified in the contracts. GIDEON GRANGER, Post-master-general. General Post-Office, Dec. 18—tf14
BURAS AND BEALL. WOOLLEN drapers, m'rs' mercers, and tailors, New-Jersey Avenue, opposite the Secretary of the Navy's, respectfully inform the public that they have commenced business in the above line, where they will endeavor to give satisfaction—they have on hand a fresh supply of the most fashionable goods, suitable for the approaching season, all fresh and of the very best quality. N. B. Regimentals and naval uniforms made in the most elegant and fashionable stile with neatness and dispatch. October 23—tf.
CHARLES H. VARDEA, MERCHANT TAYLOR, RESPECTFULLY informs the gentlemen of the district of Columbia and public in general, that he has just received by a late arrival from Philadelphia, A CHOICE ASSORTMENT Of superfine Cloths, Cassimeres, single and double milled, superfine Coatings, black silk Florentines. Likewise an elegant assortment of Spaniards and rich silk Moleskins for waistcoats with a variety of other articles suitable for the season. Regimentals and Navy Uniforms made in the most elegant and uniform stile of fashion. Richard Horwell's celebrated patent parallel suspenders far superior to any hitherto in use can be had on the same terms retail, as at his manufactory. Four or five good Journeyman wanted, who will find constant employ. November 27—tf
PHILADELPHIA GRAND LOTTERY. HIGHEST PRIZE 10,000 DOLLARS. Authorised by an act of the Legislature of Pennsylvania. For the encouragement of USEFUL ARTS.
   CASH PRIZES.     1 Prize of 10,000 dollars 10,000   2 do. of 5,000 — 10,000   5 do. of 1,000 — 5,000   10 do. of 500 — 5,000   10 do. of 200 — 2,000   40 do. of 100 — 4,000   100 do. of 50 — 5,000   200 do. of 20 — 4,000   500 do. of 10 — 5,000   1,000 do. to consist of machines for opening off cast worsted & open wrought woollen clothing into wool, valued at 100 dollars each, (patent right included) 100,000   1,000 do. to consist of rights for manufacturing ornamental mouldings for dwelling houses & shipping, valued at 50 dollars each, 50,000   Dollars 200,000  
Subject to a deduction of 15 per cent. The most valuable cash prices from 200 dollars and upwards, to be determined as follows: First drawn number on the first ten day's drawing, each Dolls. 200 First drawn number on the succeeding ten days, each 500 First drawn number on the succeeding five days, each 1,000 First drawn number on the succeeding two days, each 5,000 First drawn number on the last day's drawing 10,000 This lottery will positively commence drawing on the 23d day of February next, and will be completed in 28 days at intervals, under the superintendence of gentlemen appointed by the Governor to whom approved security has been given, for the faithful drawing of the Lottery agreeably to the scheme. The numbering for the wheels has so far progressed, under the directions of Mr. James Oellers, as to justify fixing the day of drawing. The cash prizes will be paid at the bank in thirty days after the conclusion of the drawing, and the mail and composition rights delivered to order, on payment of the deduction as above. All prizes must be demanded in one year after the drawing, or they will be considered as forfeited after that time. TICKETS at One Dollar and Fifty Cents each, to be had of James Oellers, No. 1, S. Third st. Leonard Keehne, No. 79, N. Third street. Thomas Peters, No. 22, N. Second st. Thos. Bedwell, No. 178, N. Third st. Silas Willson, N. 341, N. Front st. John Shaw, No. 232, N. Second st. Charles Bitters, N. 11, Third st. Isaac Carpenter, No. 245, S. Second street. Daniel Miller, No. 427, N. Second st. And at the OFFICES of the Aurora and Freeman's Journal. The price of tickets will advance as the drawing progresses. Note—The purchaser or holder of every ticket, will be entitled to a valuable patent right for manufacturing Sago, Starch, and Hair Powder, from Potatoes, by a process entirely new, besides a chance of the many valuable cash prizes. TICKETS for Sale at J. MARCH'S Book-store, Georgetown, and at the Book-store of R. C. WEIGHTMAN, Pennsylvania avenue, Washington city. January 8—tf
FOR SALE. 10,000 ACRES OF LAND Situate on Elk River in Randolph county state of Virginia. A large portion of this land is fertile, of excellent quality, and is adapted to the growth of grain, grass and pasturage—it abounds with fine timber, large poplar, ash, sugar trees, &c. & is well watered. Birch river runs through it and affords many mill seats. Elk is a beautiful smooth deep river emptying into the Kenhawa, and Ohio, and may be navigated with large boats at any time, in the spring and fall, it abounds with every kind of Fish common to the Ohio. The whole or a part will be sold at a very reduced price for cash or exchanged for property in or near the city of Washington. For particulars apply to JOSEPH WHEATON, Com. Merchant & Broker. Washington city, Jan. 6—1m
LINDSAY'S HOTEL. The Subscriber has taken that well calculated house on the Capitol Hill. Late occupied by Mr. Frost formerly by Mr. Stelle—Where he intends to open a Tavern on the 24th October. Those gentlemen who may favor him with their Custom may rely on every attention in the Power of the Public's devoted Servant. GEO. W. LINDSAY. N.B.—EIGHT or TEN BOARDERS may be conveniently accommodated. October 19—tf
NOTICE. THE subscriber having sold his entire stock of Goods in the month of March last, and having declined business in George-town, is now preparing to leave the District. All persons who have accounts against him will be pleased to render them for payment before the 20th of next month; and those indebted to him are earnestly requested to make payment before that time. JOHN MAFIT.
Wanted to Purchase, FIFTY SHARES of COLUMBIA BANK STOCK. Georgetown, Dec. 14—e.p. till Feb. 1.
WEISKOPFF AND KELLER, CONFECTIONERS, RESPECTFULLY inform the ladies and gentlemen of George Town and the city of Washington, that they can be supplied with every kind of CAKE, of the very first quality— Ornaments for Tables, of the most elegant form, and in the newest stile. Ice Creams, Jellies of all kinds, on the shortest notice. They keep always on hand, Cordials of every kind, excellent in quality, and genuine, such as Noyeau, Orange, Ratifia, &c. &c. High street, George Town, } November, 11—tf }
A GREAT BARGAIN. JOSEPH WHEATON Broker and Commission Merchant, has put into his hands for sale, at his office in F street near the Bank, a valuable property in the city of Washington, consisting of 646,453 square feet of city LOTS advantageously situated on the most prominent and valuable streets, and near the Navy Yard and Bridge, and to be had on the most reasonable terms of payment. This great bargain is recommended to gentlemen desirous of securing an early fortune, in this truly growing and flourishing city; the permanent residence and seat of the government of the United States. Other city property to be had—HOUSES and Lots—Enquire as above. All kinds of STOCKS bought and sold. Wanted to Purchase a few MILITARY LAND WARRANTS. Washington city, Dec. 11—tf
TWO ELEGANT FORTEPIANOES. THE subscriber has just received two instruments made by Broadwood, of the first quality, and probably superior to any in this place. He has also all kinds of DRY & WET GOODS, among the latter peach brandy 6 years old, fourth proof, and best kind of HAMS—also, he offers a pair of PISTOLS, in mahogany case, said to shoot between two and three hundred yards, with a musket handle, original cost 100 dollars. F. A. WAGLER, At his New Store, near the Centre Market. N. B. Instruments tuned on the shortest notice. December 25—tf.
NOTICE. A GENTLEMAN, unencumbered with a wife or family, of unexceptionable moral character and uniform exemplary deportment, who is qualified to teach the English Language, and the Rudiments of Mathematics, may find employment, in the capacity of private Tutor, by applying to the Rev. David Wiley, Georgetown, Columbia; or to ARMISTEAD T. MASON, London, Virginia. November 30—8w
TWENTY-SIX VALUABLE NEGROES FOR SALE. ON Tuesday the 26th this inst. will be sold at public sale to the highest bidder, at the dwelling plantation of the Miss Hoods, near the city of Annapolis, the above 26 negroes, consisting of men, women, boys and girls, which will be disposed of separately—one excellent black-smith that has his trade perfect, several handsome boys from 12 to 18 years of age, and girls that can be recommended as good house servants—some horses and other articles. The terms of sale is one half of the purchase money to be paid on the day of sale, and the balance a credit of six months will be given, the purchaser giving bond on interest with such security as I may approve of. No person from any of the southern states or their agents will be admitted to bid. Sale to commence at 11 o'clock and continue until all are sold by WM. WORTHINGTON, Sen. Acting for the Miss Hoods. Jan. 13—3t.
Doctor LANCASTER. INFORMS the Public, that he has commenced the practice of Medicine, in which line of business he offers his services to the Citizens of Washington and its vicinity—He hopes from the experience of several years practice, & punctilious attendance, to give entire satisfaction to all who may honor him with their confidence. He has taken a house on the Pennsylvania avenue, adjoining the house formerly occupied by Dr. BENSON. January 6—6t
FRESH RAISINS, TEAS, &c. Now landing from on board the schooner CITIZEN, Capt. Sturges from New York, and for sale by W. C. SMITH. 50 boxes fresh Muscatel raisins, 30 chests choice hyson, young hyson, hyson skin and imperial teas, 10 quarter casks Lisbon wine, 11 boxes Prussian fig blue. Also just received, 10 puncheons well flavored Antigua rum, 10 pipes cognac brandy, 4th proof, and a small supply of excellent fresh nutmegs. Georgetown, Jan. 15—wtf
Time is to give Notice. THAT the subscriber of Prince George's county, hath obtained from the Orphans Court of Prince George's county in Maryland, letters testamentary on the estate of Francis Clement Dyer, late of said county deceased; all persons, having claims against the said deceased are hereby warned to exhibit the same with the vouchers thereof to the subscriber at or before the first day of August next, they may otherwise by law be excluded from all benefit of said estate. Given under my hand this 7th day of January eighteen hundred and eight. ANNE DYER, Executrix. January 15—w3t
A BRICK HOUSE & LOT FOR SALE. ON Monday the 8th day of February next, if fair, if not the next fair day, will be exposed to public sale on the premises at 4 o'clock in the evening, part of Lot No. 6, in Square No. 141, in this city, fronting 16 feet 9 inches on North G street, and running back 163 feet, with the improvements thereon, consisting of a convenient two story Brick House and enclosure. The Lot was leased to the former tenant for a term of 99 years at the rent of 35 dollars per annum, and the benefit of a covenant to purchase the fee simple thereof. On default of payment of three years rent, the subscriber has been put in possession of the premises, according to the law in such cases provided; for which, and accruing expenses, it will be sold, subject to the conditions of the former case, and a new lease executed to the purchaser on complying with the terms of sale. Being in the vicinity of the public offices, and in a thick settled genteel neighborhood, it would be an eligible situation for a gentleman doing business in either of the departments. The premises may be viewed and the papers seen by applying to Thomas Herty, prior to the day of sale. JOSEPH NOURSE. Terms of sale, a negotiable note with an approved endorser, payable 60 days after date. January 18—tdos
NOTICE. WAS committed to the jail of Alleghany county on the 4th inst. as a runaway, a negro man who calls himself RUEBEN, very black and about 5 feet 11 inches high, and has two small scars above his left eye, one small scar under his nose, and a very large mole under his right ear, and a number of scars on his back and thighs. Brought with him one coarse linen shirt, two swansdown waistcoats, one old striped cotton spencer, and one old pair of buckskin pantaloons, and unless released by his master he will be sold according to law. WM. BRUCE, Sheriff Alleghany county, Md. Cumberland, Jan. 18—3t
MORE PIANO FORTES. THE subscriber has just received from London, via Philadelphia, Piano Fortes with additional Keys. They are equal if not superior to any he ever saw, and some of them most elegantly finished. They are imported on the best terms and will be sold low if speedily applied for. THOS. W. PAIRO. Washington, Jan. 18—3t
FRESH GARDEN SEEDS, &c. THE Subscriber having recently received a supply of European Garden Seeds, &c. which added to the various sorts saved by him the last summer, makes his assortment extensive and which are for sale at his Nursery Garden, Eastern Branch and at Dr. Ott's Medicine Store, Georgetown. THEO: HOLT. Washington city, Jan. 11—tw
A MAP of the TERRITORY of ORLEANS. Just received and for Sale at J. March's book store, Georgetown, A new and accurate Map of the Territory of Orleans, including West Florida and part of the Mississippi Territory. By B. LAFON. Price on Canvas and rollers 8 dollars. And in sheets 5 dollars. Likewise English, German, and Pocket ALMANACS for 1808, by the gross, dozen, or single. January 6—w4t
ELISHA RIGGS, Has imported by the late arrivals, from London and Liverpool, via Baltimore and Alexandria. EIGHTY-NINE PACKAGES, FALL GOODS. And now opened at his New Store Bridge street—which being direct from the Manufacturers, will be sold very low, by Wholesale or Retail for cash, or to punctual customers only at short dates—liberal allowances, will be made to Retailers or Purchasers—Among them are, 9 bales superfine cloths, cassimeres, coatings and frizes, 21 do. flannels, blankets, kerseys, cottons and plaies, 6 cases checks, diamities, Manchester, and conde, 3 trunks upholsterers furniture, and hatters trimmings, 3000 lbs. London sein twine, in casks of 350 lbs. each, 10 boxes and 3 casks, tin, plate, cutlery, and buttons, 6 cases gentlemen's hats, and umbrellas, 8 trunks silk, cotton, Angola and worsted hosiery, 3 bales carpets, carpeting and hearth rugs, ALSO, A large supply of cheap Irish linens, calicoes, ginghams, shirting muslins, coarse linens and India muslins. FANCY GOODS. Ladies pelice cloths, velvets, silk pelices, lace caps, lace handkerchiefs, artificial flowers, fancy beaver bonnets, hats, feathers and cords, head ornaments, laces, silk and set buttons, cossettes, satin shoes, elegant silk hosiery, sleeves and gloves, fancy muslins, short dancing dresses, cashmere and damask shawls, fancy silks, Shawla muslins, ribbons, linen cambric & lace shades. Harwells, celebrated Patent Sus-penders, for ease, elegance, strength, &c. exceeds any in use. Cash will be given for 40 shares of Columbia stock—Apply as above. George Town, Nov. 20—P&M