The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-11-13 00:00:00

National Intelligencer.
WASHINGTON ADVERTISER.
VOL. VIII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. 1105.
FIVE DOLLARS PER ANNUM,
FRIDAY, NOVEMBER 13, 1807.
PAID IN ADVANCE.
Failure of the English Expedition to South America.
Letter from Gen. WHITECOCKE to the Rt. Hon. W. WINDHAM.
Buenos Ayres, July 10, 1807.
SIR—I have the honor to acquaint you, for the information of his majesty, that upon being joined at Montevideo on the 15th of June, by the corps under Brig. Gen. Craufurd, not one moment was lost by Rear Admiral Murry and myself in making every necessary arrangement for the attack of Buenos Ayres. After many delays occasioned by foul winds, a landing was effected, without opposition on the 28th of the same month, at the Ensinada de Barragon, a small bay about 30 miles to the eastward of the town.
After some fatiguing marches through a country much intersected by swamps and deep muddy rivulets, the army reached Reduccion, a village about 9 miles distant from the bridge over the Rio Cheulo; on the opposite bank of which, the enemy had constructed batteries, and established a formidable line of defence. I resolved, therefore, to turn this position, by marching in two columns from my left, and crossing the river higher up, where it was represented fordable, to unite my forces in the suburbs of Buenos Ayres.
Maj. gen. Leveson Gower, having the command of the right column, crossed the river at a pass called the Passo Chico, and falling in with a corps of the enemy, gallantly attacked and defeated it. Owing to the ignorance of my guide, it was not until the next day that I joined with the main body of the army, when I formed my line by placing brig. gen. sir Samuel Auchmty's brigade upon the left, extending it towards the Convent of the Recoleta, from which it was distant two miles. Brig. gen. Craufurd's brigade occupying the central and principal avenues of the town, being distant about three miles from the great square and fort; and the 6th dragoon guards, 9th light dragoons, and 45th regiment being upon his right, and extending towards the Recidencia. The town was thus nearly invested, and this disposition of the army, and the circumstances of the town and suburbs being divided into squares of 140 yards each side, together with the knowledge that the enemy meant to occupy the flat roofs of the houses, gave rise to the following plan of attack.
Brig. gen. sir Samuel Auchmty was directed to detach the 38th regiment, to possess itself of the Plaza de Toros, and the adjacent strong ground, and there take post; the 37th, 5th, 36, and 88th regiments were each divided into wings; and each wing ordered to penetrate into the street directly in its front. The light battalion divided into wings, and each followed by a wing of the 95th regiment and a three pounder, was ordered to proceed down the two streets on the right of the central one, and the 45th regiment down the two adjoining; and after clearing the streets of the enemy, this latter regiment was to take post at the Residencia. Two six pounders were ordered along the central street, covered by the carabineers and the three troops of the 9th light dragoons, the remainder of which was posted as a reserve in the centre. Each division was ordered to proceed along the street directly in its front, till it arrived at the last square of houses next the river Plata: of which it was to possess itself, forming on the flat roofs, and there wait for further orders. The 95th regiment was to occupy two of the most commanding situations, from which it could annoy the enemy. Two corporals with tools, were ordered to march at the head of each column, for the purpose of breaking open the doors; the whole were unloaded, and no firing was to be permitted until the columns had reached their final points and formed; a cannonade in the central streets was the signal for the whole to come forward.
In conformity to this arrangement, at half past six o'clock of the morning of the 5th inst. the 38th regiment moving towards its left, and the 87th straight to its front, approached the strong post of the Retiro and Plaza de Toros, and after a most vigorous and spirited attack, in which these regiments suffered much from grape shot and musketry, their gallant
commander, brigadier gen. Sir Samuel Auchmty, possessed himself of the post, taking 32 pieces of cannon, an immense quantity of ammunition, and six hundred prisoners. The 5th regiment meeting with but little opposition proceeded to the river, and took possession of the church and convent of St. Catalina. The 36th and 88th regiments under brigadier general Lumley, moving in the appointed order, were soon opposed by a heavy and continued fire of musketry from the tops and windows of the houses; the doors of which were barricaded in so strong a manner as to render them almost impossible to force. The streets were intercepted by deep ditches, in the inside of which were planted cannon, pouring showers of grape shot on the advancing columns. In defiance, however, of this opposition, the 36th regiment, headed by the gallant general, reached its final destination; but the 88th being nearer to the Fort and principal defences of the enemy, were so weakened by his fire as to be totally overpowered and taken. The flank of the 36th being thus exposed, this regiment, together with the 5th, retired upon Sir Samuel Auchmty's post at the Plaza de Toros; not however, before Lt. col. Burne, and the grenadier company of the 36th regiment had an opportunity of distinguishing themselves, by charging about 800 of the enemy, and taking and spiking two guns. The two six-pounders moved up the central streets meeting with a very superior fire; the four troops of the Carabineers, led on by lieut. col. Kinston, advanced to take the battery opposed to them, but this gallant officer being unfortunately wounded, as well as capt. Burrell, next in command, and the fire both from the battery and houses, proving very destructive, they retreated to a short distance, but continued to occupy a position in front of the enemy's principal defences, and considerably in advance of that which they had taken in the morning.
The left division of brigadier gen. Crawford's brigade, under lieut. col. Pack, passed on nearly to the river, and turning to the left, approached the great square, with the intention of possessing itself of the Jesuits' college, a situation which commanded the enemy's principal line of defence. But from the very destructive nature of his fire, this was found impracticable, and after sustaining a heavy loss, no part of the division throwing itself into a house, which was afterwards not found tenable, was shortly obliged to surrender, whilst the remaining part, after enduring a dreadful fire with the greatest intrepidity, lieut. col. Pack, its commander, being wounded, retired upon the right division commanded by brigadier gen. Craufurd himself. This division having passed quite through to the river Plata, turned also to the left to approach the great square and fort from the north-east bastion, of which it was distant about 400 yards, when brigadier gen. Craufurd, leaving the fate of his left division, thought it most advisable to take possession of the convent of St. Domingo near which he then was, intending to proceed onwards to the Franciscan church, which, lay still nearer the fort, if the attack or success of any other of our columns should free him in some measure from the host of enemies which surrounded him. The 45th regiment being further from the enemy's centre, had gained the Residencia without much opposition, and lieut. col. Guard having it in possession of his battalion companies, moved down with the grenadier company towards the centre of the town, and joined brigadier gen. Craufurd.
The enemy, who now surrounded the convent on all sides, attempting to take a three-pounder which lay in the street, the lieut. col. with his company, and a few light infantry under major Trotter, charged them with great spirit. In an instant the greater part of his company and major Trotter (an officer of great merit) were killed, but the gun was saved. The brigadier general was now obliged to confine himself to the defence of the convent, from which the riflemen kept up a well-directed fire upon such of the enemy as approached the post; but the quantity of round shot, grape, and musketry, to which they were exposed, at last
obliged them to quit the top of the building, and the enemy, to the number of 6000, bringing up cannon to force the wooden gates which fronted the fort, the brigadier gen. having no communication with any other columns, and judging from the cessation of firing that those next him had not been successful, surrendered at four o'clock in the afternoon.
The result of this day's action had left me in possession of the Plaza de Toros, a strong post on the enemy's right, and the Residencia, another strong post on his left, whilst I occupied an advanced position opposite his centre; but these advantages had cost about 2500 men in killed, wounded, & prisoners. The nature of the fire to which the troops were exposed was violent in the extreme. Grape shot at the corners of all the streets, musketry, handgrenades, bricks, and stones from the tops of all the houses, every householder with his negroes defended his dwelling, each of which was in itself a fortress, & it is not, perhaps too much to say, that the whole male population of Buenos Ayres was employed in its defence.
This was the situation of the army on the morning of the 6th inst. when Gen. Liniers addressed a letter to me, offering to give up all his prisoners in the late affair, together with the 71st regiment and others taken with Lieut. Gen. Beresford, if I desisted from any further attack on the town, & withdraw his majesty's forces from the River Plata, intimating at the same time, from the exasperated state of the populace, he could not answer for the safety of the prisoners if I persisted in offensive measures. Influenced by this consideration (which I knew from better authority to be founded on fact,) and reflecting of how little advantage would be the possession of a country the inhabitants of which were so absolutely hostile, I resolved to forego the advantages which the bravery of the troops had obtained, and acceded to the annexed treaty, which I trust will meet the approbation of his majesty.
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, NOVEMBER 10.
Debate on the bill, making further appropriation for the support of the navy.
(CONTINUED.)
MR. SMILIE said, the gentleman from Massachusetts had enquired, whether money had been actually paid for these specific articles, or contracts only made for them: on this point they could not satisfy the gentleman. He thought the only question on the passage of this bill was, would the House cover these expenditures, by an appropriation or not? They had a right to answer this plain question in the affirmative or negative; but it appeared doubtful whether they would answer it at all. He thought he perceived from the questions of the gentleman from Massachusetts an intention to cast some imputation of a criminal nature on the President of the United States; or on the Secretary of the navy; whether such criminality existed or not, was not the question before the House. It had been customary, whenever the Secretary of the navy or any other officer of the government had made disbursements which were not authorized, to cover them by an appropriation. This question, therefore, did not necessarily involve any enquiry of the kind which had been made.
He did not mean to point out the propriety or impropriety of the arguments which gentlemen had used: If they believed that the conduct of Executive had not been correct, they would not vote for the appropriation. It had been said that Congress should have been convened immediately; it was true the President had a right to call them sooner if he had thought the interest of the country required it, but he had postponed the meeting till the fermentation should have subsided, and an answer might have been received from Great Britain to the demand which had been made for reparation. If he had convened them so early in the season as the month of August they could not have come here to legislate without danger to their health.
Mr. S. was in favor of specific appropriations, and against the practice
of drawing money from the treasury without appropriation previously made; but every gentleman knew that there were cases in which this form must be dispensed with, and in this instance he thought the circumstances of the case justified the measures adopted.
Mr. DANA perceived it was not in the power of the chairman of the committee of Ways and Means to answer the enquiries which had been made, because he would not permit himself to indulge a thought that he possessed the desired information, and yet withheld it. He thought that the want of this information might lead to a misstatement of facts; and though he did not pretend to be in the secrets of the cabinet, he was inclined to the opinion that a full disclosure would be more satisfactory to the House, to the Executive, and to the people. If this were made, they would be denied the liberty of roving at will, conjecturing as they chose. But, said he, are we not called upon to grant money, and shall we not know for what purpose? Does the President call upon us for an appropriation, and shall we not have leave to enquire what expences it is intended to cover? The very act they were about to pass was declaratory of their approbation of the conduct of the Executive; they were therefore entitled to information on the subject. As the representatives of the people, the peculiar guardians of the public treasury, they were entitled to it.
He believed that no blame should attach to the Secretary of the Navy or any other person on account of this expenditure; but in every case in which money had been expended without order, the least that could be expected was a fair disclosure of the circumstances attending the transaction. Could not the Executive and departments trust to the candor and liberality of the House? Did they refuse to confide in the House? Mr. D. was desirous of the fullest information, which he thought would redound more to the credit of the administration than this silence on the subject.
Waving the right to make these enquiries, he thought then two questions occurred for consideration. The first was the great broad question, whether or not it was proper for Congress to make appropriations to cover expenditures of public money not previously authorized by law. Prior to the year 1801, expences were incurred without the express sanction of Congress; they were incurred with a view to the public service in case of emergency. It was then discretionary with Congress either to approve or disapprove this conduct; if they approved it they passed a bill making an appropriation to cover the expenditure. In 1801, from the highest authority, a doctrine the reverse of this was avowed; that it was a part of political prudence to discountenance and disallow all applications of money to purposes not authorised by law; so that if money destined for one object was applied to another, or money unappropriated was applied to any object without being previously authorised by law, this doctrine went to disallow it. In 1807, when public expectation was directed to the Executive, it had been thought proper to incur certain expences for ensuring the public safety. A public officer, who, in a moment of public exigency undertakes to purchase supplies, may rely on public support. If the legislature condemns the procedure, the officer must bear the loss. Would you, said Mr. D. had you been assembled at this time, with a knowledge of all the existing circumstances—would you have authorised these expences to be incurred? This was the fair question, and was presented to them under favorable circumstances for determination. In 1801, this doctrine had been contradicted, disavowed; it was with satisfaction he now observed that practice taking place under high authority which had before been denounced. He felt highly gratified with this change, and certainly would not reproach gentlemen for it; they had learnt wisdom by an experience of 6 years, which had taught them the error of their doctrines; the privilege of being wiser on this day than five years since ought not to be denied. He declared then, that as respected the general principle, he concurred decidedly with the Executive.
The second question was on the particular subject; should they advocate expenditures for these particular purposes, supposing that they had perfect information on the subject? As respected the subsistence for seamen, repairs for vessels, &c. they were previously authorized by law. The President was authorised to increase the number of seamen, but the appropriation already made would not cover the additional expence. It was beyond all question, that as this power had been given to the President, Congress were pledged to cover the expenditure. The next article was, for pay and subsistence of the marine corps. There was a clear power vested in the President to increase this corps; and as Congress had authorised that increase, they were pledged to defray the additional expences. Passing by ordnance and military stores, the last article was for timber for the Navy. He could have wished that this article had been something more explicit; he apprehended it was timber for gun-boats; if so, on that subject there seemed to be some question. He found in the estimate of the Naval expenditures, timber for 73 gun-boats; he did not doubt but they might be useful; but they were not designated by name in the bill, and should they be found to be useless, the stigma might be cast on the Navy generally. As respects this timber, for gun-boats, he asked, had there been any authority given to the Executive of the U. S. to purchase such timber? At the last session of this body, there was before the House a bill authorising, (among other objects) the building a number of gun-boats, but which failed of success. A motion was made by himself to strike out the words "for building gun-boats," so as to authorise the provision of timber for general naval purposes. Against this motion he found a long list of names, for it had no high authority to recommend it. They could have the whole number of gun-boats that were necessary built in one month, even if it were a thousand. For himself, he was now clearly in favor of timber for gun-boats, not because he considered them an adequate defence for the U. S. but as they might be useful in some cases to a certain extent, as a subordinate part of a system of defence; this was their true character. Hence it was that the erection of gun-boats gave so much amusement to mischievous tongues & editors, when considered as forming in themselves a system of defence. He was clearly in favor of pursuing the same plan as that for which he had before voted; and the gentlemen who had condemned the measure proposed by himself last session, might vote for the same now, as it was backed by higher authority.
Mr. THOMAS wished the chairman to state the question before the House, that gentlemen might see how far they wandered from it. The Chairman stated the question to be on the rising of the committee in order to report the bill. Mr. NEWTON said, he rose merely to state to the committee a matter of fact; and when he had stated that fact, he thought he would be justified in the inference he should draw from it. Considerable preparations had been made in the part of the country which he had the honor to represent in consequence of the outrage which had been committed. He knew it to be a fact that citizens of that district had furnished articles for the service of the United States, and rendered important services, and that they were now anxiously waiting for the passage of this law, that they might receive the monies which would become due to them under its sanction. This being the fact in his district, he had no doubt the same fact existed in other parts of United States. He did not know that the Executive of the United States had purchased or paid a cent for salt-petre; but as the United States were indebted to citizens in his district, the probability was that they were indebted in other parts of the Union.
Mr. G. W. CAMPBELL said he would make but a few additional remarks on this subject; the committee of ways and means had conceived they had done their duty by taking the only means in their power to acquire information. He was surprised that there could be a division of sentiment among the members of the House with regard to the manner of making this appropriation. He de-

clared that he still held the same principles he had always maintained so far as respected specific appropriations; but a case might happen in which they might be dispensed with, as cases of exigency required extraordinary remedies. After making some remarks on what had been said respecting heretical doctrines, and deviations from republican principles, he assured the gentleman on his right (Mr. Randolph) that he was the last whose political principles he should follow. The gentleman from Connecticut had said the House were called upon to make appropriations, but had not been specifically informed what expenditures they were to cover. The objects of the appropriations had been detailed to the House by the letter from the Secretary of the Navy, and by members on the floor. It did not appear to be the desire of the gentleman to know for what particulars the expenditure had been made, but whether they were actually paid for or not; this he must say, appeared to him perfectly immaterial, and that if the occasion was sufficient to justify the expenses incurred, the appropriation was proper and ought to be made. He thought the taking money from an appropriation to one object, and applying it to another, might be admitted in such an emergency which might also warrant the Executive in incurring expenses not authorized by law.
Mr. RANDOLPH observed, that he understood the gentleman from Tennessee to say, that he should not apply to him for instruction in political principles. He would assure the gentleman he was one of the last persons he should wish to instruct; and when he wanted pupils, he should not solicit him to become one. Mr. R. said he had been involved in this debate prematurely. He had heard the order of the day stated from the chair, and no person called it up. He then walked out of the House in search of a book; from the extraordinary echo of this large room, there being great difficulty in hearing, and being heard, when he returned he had not distinctly understood the question.
He wished to be understood as giving his vote upon the same ground with his friend and colleague who had just sat down. The expense having been incurred by the patriotism of our citizens, it would be an indelible disgrace not to discharge it. But in doing this, he did not mean to commit himself as voting for a navy, or the expenses arising out of a navy, except in a case such as the present, where a debt had been actually incurred.
The gentleman from Pennsylvania had agreed with him perfectly in professions; he had therefore nothing more to do than to ask him, as he had heretofore done, to act with him. This gentleman, as indeed, every other gentleman had taken a wide range on this question. In the first place, the expenses were not authorized by law; an enquiry had been made why they were incurred without authority, and a reason assigned that there was a great crisis, an insult had been received which every man must feel—in short, the circumstances were such, that the legislature ought to have been convened. The gentleman from Pennsylvania had urged as a reason for their not being convened, that our health might be endangered by coming here so early in the season. He wished his old friend from Pennsylvania, he hoped he might be permitted to call him so, would convey them to a place where they might be convened without danger. Another reason was, that they would have been convened at a time when they would have felt a deep and particular sense of national indignity. Mr. R. said he thought they ought to have been summoned then, and not to have suffered this impression to be weakened. There was a time when that gentleman and some other gentlemen, in discussing a subject which they called British aggression, were as warm as he was disposed to be temperate; now that gentleman was as temperate as he was warm. Which had the better reason? He deemed it to be the interest of this nation to preserve peace with all mankind, to hold the balance of humanity with a steady hand. He had before deemed it the interest of the country to be at peace with G. Britain for reasons which he had before urged, on that floor, & which he would not state again, but now, tempora mutantur . The nation had received a blow. The President had been insulted in his palace by the minister of one foreign power, and now had received a blow on his cheek from the navy of another.
Mr. SMILIE said that he was perhaps more temperate than his friend from Virginia; but he hoped when that gentleman arrived to his period of life, he would be equally temperate with him. Yet he did possess a temper, and could display it when our violated rights were the subject. Mr. S. then alluded to an ancient nation,
who were wont to discuss great national questions twice, once when they were drunk, and once when they were sober, that they might not be deficient in prudence. And he did believe, however others thought, that prudence required a temperate course, and that they ought not to have been under the immediate influence of passion when they took their seats on this occasion.
The question was now taken on the rising of the committee, and carried. The amendments, agreed to in committee, were all agreed to without a division, excepting that making an appropriation for timber, on which the House divided—ayes 103; when the bill was ordered to a 3d reading tomorrow.
TUESDAY, NOVEMBER 10.
The question being on the final passage of the bill and the yeas and nays on the passage being called for,
Mr. J. MONTGOMERY said, that as the yeas and nays had been required he should exercise the right of assigning reasons for the vote he was about to give. This bill provided for extraordinary expenses incurred in the navy department since the 22d June last; these extraordinary expenses had resulted from the cowardly attack committed by the Leopard on the Chesapeake. This act, marked with such daring and atrocious circumstances, had excited the detestation of every American; one sentiment on this subject prevailed the Union. The President of the United States had adopted firm, energetic, and dignified measures on the occasion; amongst others those which had occasioned the expenses for which this bill provides. He had heard no complaint that the conduct of the Executive was defective either in prudence or energy. He was authorized, & he exercised the authority vested in him by law, to call out the marine corps to its full complement. He had exercised the authority given to him by the act of 1806, in preparing the gun-boats for service: the sense of the nation and the exigency of the times called upon him to do so. Other expenses incident to calling out the marine corps and manning gun-boats, were comprised under the different articles of clothing, &c. These extraordinary expenses the President was authorized to incur; the state of the country justified him in exercising that authority, and Mr. M. was of opinion that the honor of the nation called upon the House to make the appropriation. Then, as to these extraordinary expenses which had been incurred, there could be no difficulty; their honor was at stake for the payment. There was another item which he presumed would meet with as little difficulty as any other: he was instructed to say, as a member of the committee of ways and means, that the provisions specified in the bill were used by the militia called out for the protection of the port most in danger. Was there any member in the House who would hesitate to make an appropriation of 31,000 dollars for that purpose?
At this important juncture, when our country was in danger, the Executive had examined the state of the several departments; in the war department there were sufficient supplies of military stores; in the navy department there were none, except a few pounds of powder. At this alarming crisis, the country being threatened with war, the people looked up to the President for energetic conduct: he did not hesitate to make expenditures to supply these necessities for the department. Of the navy department there was more required than of the war department, because the outrage had been committed on the ocean. What more prudent, more correct, conduct than that of the President could be wished, or what more could the people expect, than that he should have made these necessary provisions of ordnance and military stores, and timber for gun-boats? The President had judged it expedient to make preparation; and the state of affairs had called for a warlike attitude: for, said Mr. M. we have learnt from our departed Washington, that to command peace we must be prepared for war; the President had acted upon this principle, which the House would no doubt approve. There was no law at that time, nor had any law yet been passed, to authorize the purchase of these articles; but the President of the United States, when his country was in danger, hesitated not to take upon himself the credit and proper responsibility. Upon these items what was the language of the President of the United States, contained in the message delivered to us? Strong and forcible, and clearly showing the necessity for incurring these expenses: "The moment our peace was threatened, I deemed it indispensable to secure a greater provision of those arti-
cles of military stores, with which our magazines were not sufficiently furnished. To have awaited a previous and special sanction by law, would have lost occasions which might not be retrieved. I did not hesitate therefore to authorise engagements for such supplements to our existing stock as would render it adequate to the emergencies threatening us: and I trust that the Legislature feeling the same anxiety for the safety of our country so materially advanced by this precaution, will approve when done, what they would have seen so important to be done, if then assembled."
Mr. M. hoped his trust was well founded; that the legislature, feeling the same anxiety for the public safety so materially promoted by this precaution, would declare that this was what they would have done had they been in session. He asked, had the President of the United States passed over this great emergency, and failed to make these preparations, ought he not to have been censured for a neglect of duty? As these articles therefore had been purchased because the interest and safety of the country required them, and the expenses had been incurred for the public safety, the House could not hesitate to give their sanction to the appropriation.
It had been asked by a gentleman from Massachusetts, whether these articles were actually paid for; if paid for out of what monies had the payment been made. As a member of the committee of ways and means, he could declare that not one cent had been actually paid. The President had said, that he had authorised engagements for these articles: the government was pledged for them; and the House were as strongly called on by faith & honor to make an appropriation for them as they were bound to do in the case of the marine corps.
Mr. M. said it had been asked by another gentleman, perhaps from Connecticut, whether the timber mentioned was for general naval purposes, or for gun-boats only? At this important crisis, when hostilities were menaced, it had been thought prudent to lay up a stock of timber for building gun-boats and it was accordingly done; but in laying it up, it had been contracted for, & prepared in such a manner as to answer any naval purposes. If our differences should be amicably settled, and it was not required that gun-boats should be erected, the materials would still be on hand for the use of the navy.
It had been stated, he believed, by a gentleman from Virginia, that appropriations had been anticipated; that this was not the language held by the President of the U. S. or these the principles defended by him in his first communication made to Congress in 1801: Mr. M. said, he admired the principle laid down by the gentleman; appropriations should never be anticipated but in extreme cases. The principle was in general correct; but he would ask the gentleman from Virginia, who had taken this ground yesterday, if a case could not occur in which it might be departed from? He would ask any gentleman, need there exist a stronger case than the present to justify such a departure? He believed not.
They had been told by a gentleman from Connecticut, that in the manner in which they were now acting, in making appropriations, they were justifying the measure upon arguments resorted to by the former administration. God forbid, said he, that we should take any of the principles of the former administration for our rule of conduct. The present measure stood on firm ground; the exigencies of the times had justified the anticipation, and not the example of the former administration.
They had been told by a gentleman yesterday, that our navy had been disgraced by this outrage. True, if the officer of the degraded vessel, instead of a verbal answer from the mouth of his trumpet, had sent a metal one from the mouth of his cannon, the honor of the navy of the U. S. would have been preserved. That officer and his conduct were now under investigation; but from the courage, character, and patriotism of the other officers of our navy, the country might be assured, that if occasion offered, they would retrieve its reputation.
It had been said that the government had received two marked insults from foreign powers; he presumed one case alluded to was that of the Spanish minister; if he was wrong in this idea, he wished to be corrected. This minister began to shew his Spanish airs to our homespun government: he was informed that a demand would be made for his recall. If it should be thought that I am incorrect in this, said Mr. M. resort to the Department of State, where the facts may be obtained. What was the conduct of this ex-minister? Did he dare to persist in his insolence? No; he
meanly solicited our government not to write on or represent his conduct to the Spanish government. Our government granted his solicitations; if they got rid of him, it was immaterial in what manner. After he had thus obtained his point, what was his conduct? He came within the city of Washington, contrary to the understanding which had taken place. Did the government then put up with his behavior? He received, on the contrary, an intimation that his company would be dispensed with. In the course of a few days he slunk off to Philadelphia. Under such circumstances, he presumed no American would feel the dignity of the nation injured in this case.
In the other case, it had been said we had received a blow; and a blow only? No; murder had been committed. The reeking blood of our fellow-citizens and the insulted dignity of the nation called for satisfactory retribution, or speedy retaliation. If retribution is refused, then the constitution did not vest the power in the President of the U. S. to resent the injury; it did vest it in the Congress of the U. S. If such a crisis should take place, they would meet it with energy and firmness, and use every exertion to efface the insult.
The present measure now under consideration, said Mr. M. is the first defensive measure presented for our determination. If we give this measure a quibbling, querking, or reluctant affirmative, the people will be disappointed in their hopes. I have no apprehension that we shall do so; I believe the contrary. I have no doubt but that the patriotic characters here called together on the exigency of the moment, and to whom is intrusted the honor of the nation, will realise all the wishes of the people.
Mr. M. concluded by saying, that, feeling conscious of the rectitude of his intentions, as far as his feeble abilities would permit, he had discharged his duty to his country, his constituents, and to himself.
(DEBATE TO BE CONTINUED.)
From the Virginia Argus.
The President's message to Congress is, as usual with him, and as his duty under the constitution required, a plain and faithful communication of such important facts as were necessary to give them a proper idea of the state of the union, both as to its foreign and domestic affairs, and also recommends to their consideration such measures as, in his opinion, may be expedient and necessary. The chief magistrate of the U. S. addresses the assembled representatives of this great and free people, not with the pomp and parade of monarchy, but in the unassuming garb of simplicity & truth; the spirit and substance as well as the object and result of his communications being very different from those of the king's most gracious speeches to the two houses of his imperial parliament, which always conclude with a request to his humble and obsequious commons to impose additional burdens on his miserable people. Our President, on the contrary, (notwithstanding we are probably on the eve of a war occasioned by the injustice and violence of G. Britain) informs us that more than four millions of the principal of our funded debt have been discharged during the last year, and that we have now in the treasury an unexpended surplus, of the receipts beyond the expenditures, amounting to no less than eight millions and a half of dollars! Such are the excellent fruits of republican wisdom and economy. Twenty-five millions and a half of dollars of the funded debt have been extinguished during the preceding five years and a half; and, if the madness of our enemies should not compel us to relinquish the pursuits of peace, the whole debt will, in a very few years, be paid, and then, the far greater part of the revenue of the U. S. may be employed in internal improvements.
There is no talk in the President's message of the necessity of new taxes, of enormous loans, of the impressment of seamen, and other dreadful resources of that government, which John Adams once called the most stupendous fabric of human invention. Instead of all this, the happy people of the U. S. have already in their treasury a sum sufficient to enable them to defray the expenses of war for a considerable time, and thousands of volunteers are ready to march with alacrity to the standard of their country.
It is yet to be hoped, however, that the British government, in the present desperate state of their affairs will not be so infatuated as to add America to the number of their enemies, and that our demand of satisfaction for the outrages hitherto received, and of security against their repetition, will not be ineffectual. We look forward with anxious expectation to the event.
The attack on Copenhagen, by order of the British government, is allowed to be the most desperate and unprincipled event of the present war. That government may now say, with the celebrated GENEY, that they have happily forgot all that they have hitherto learned respecting the law of nations.
The seizure of Zealand has in fact rescinded and abolished all the provisions and obligations of that law, as it were by a coup de main ! Let us talk no longer then of Grotius or Puffendorf, of the Consolato del Mare, as old as the 13th century, or of any other work of maritime authority. All these points heretofore of sovereign arbitrament, by this last act in the black and deep tragedy now performing in Europe, are completely obliterated. The ministry of that infatuated nation have fairly travelled out of their own record, and have left all that has been said and written by Vattel, and a thousand other persons, as a mere political illusion.
If the sovereignty of nations and the power of governments are to be thus prostrated, because forsooth silly editors have published unmeaning paragraphs, and sillier people have believed them, the prosperity of nations must hereafter depend on the most trivial incidents. We want words to explain what we think on this most astonishing act of perfidy. Denmark was the last of the neutrals in Europe, and if in this country we do not take warning by her example, woe to the merchant who puts faith in England. When it is the cue of that government to strike, nothing will be left on the ocean, abroad or in harbor, that is in their power to capture. It is remarkable indeed, that the Danes, like the Americans, have taken no part in this war of "kings against the people." But the Danes had no treaty of alliance to bind them, and therefore could not justly incur the resentment of either party; yet this ancient nation, once the conquerors of England, are made to suffer and to risk every thing, which military execution can inflict on so little proof, that no impartial or candid man has yet suggested a reason of the slightest texture to excuse the enormity.
Admitting the Danes were accessory to certain concealed stipulations, in the treaty of Tilsit, should not a proclamation have announced the nature of those stipulations before the blow was struck, and might not negotiation have preceded hostility, according to the wise and enlightened example of our own government, in the almost equally atrocious act of the Leopard and Chesapeake? Or, is it always in character with the British government for the apology to follow the stroke, instead of the stroke following the apology? Are they alone to strike first and to reason afterwards? Even when the first coalition was formed against a proposed reformation in the French monarchy, imposing as that confederacy then was, paper succeeded paper before they made their attack on the French nation. To be sure, there was then no neutral in Europe, but the Danes, and yet they were not molested by this formidable conspiracy of kings against the progressive improvement of the human understanding.
But, two things of salutary inference have occurred in this extraordinary outrage: first, that Denmark has been attacked in a state of profound peace, by sea and by land, upon no public testimonials of guilt or even error on her part:—and secondly, that this government, proverbial for its good faith, had boldly confiscated all the British property in her possession, as a fair set of reprisal for her property clandestinely taken without a previous declaration of war. Who will lose most or least in this conflict, remains to be seen. But, if the present British ministry prevails in this controversy, it will be because there is neither strength or spirit left, either in England, upon the continent of Europe, or in this country. If a nation is to be ruined because she forms her own commercial regulations, Britain may rule, by land as well as at sea, and all Europe, if not America, would soon become a colony of that haughty but feeble government.
DUNAWAY NEGRO. —Was committed to the jail of Washington county, district of Columbia, as a Runaway, on the 15th inst. a black Man, who calls himself NED; says he belongs to Wm. Casson, of Spotsylvania, Virginia, near Fredericksburg. He is 5 feet 8 inches high, about 30 years of age, stout made; his clothing are a homespun shirt and trousers, gray cloth round jacket, old black hat, old shoes—no other cloths with him. His owner is desired to come and prove him, and take him away, or he will be sold for his jail and other fees, as the law directs.
CARTWRIGHT TIPPETT, Keeper of the jail, for Daniel C. Beut, Marshal.
October 26—w8t

Boston, November 3.
Capt. Lewis arrived on Tuesday from Lisbon, sailed from thence the 27th Sept. The French had not entered Portugal, but were expected; and would not be opposed. There had been a strong press at Lisbon to man the fleet.
Capt. Fisk, arrived here yesterday in 36 days from Fayal, informs that an express had just arrived at Terceira, from Lisbon, in 5 days, with orders from the Portuguese government, to shut all the ports of the Western Islands against the English.
New-York, November 9.
Island of St. Thomas—Capt. Johnson, of the schooner Amity, who arrived at this port yesterday from St. Thomas, informs, that on the 10th of October, the day of his departure, alarm guns were fired from the Danish batteries, and the captains and seamen of all the Danish vessels ordered into the forts, as an attack from the British was momentarily expected—The British squadron off St. Thomas, consisted only of one frigate and an armed brig, but there had been occasionally five vessels cruising near the island—Previous to capt. Johnson's sailing a flag of truce had been sent by the governor of St. Thomas to the commander of the British squadron, to enquire whether war had been declared between the two nations, but returned without an answer.
New Orleans, October 5.
Gun-Boat, No. 16, Lt. Ballard, sailed for the Balize on Monday last; whence it is understood she will proceed to cruise off the Gulph. We believe this is the first boat ordered on our coast.
Communication.—At a court martial held on board the U. S. ketch Aetna, in this harbor, on the 8th day of June last, by order of the hon. the secretary of the navy for the trial of Wm. Rogers, surgeon, for disobedience of orders, and un-officer like conduct.
It was decreed that the said Wm. Rogers "should be dismissed the service, and rendered incapable of ever serving therein;" which sentence has been confirmed by the President of the U. States.
PUBLIC MEETING.
The citizens of the First & Second Wards of the city of Washington, are requested to attend a Meeting this evening at SIX o'clock, at the house of THOMAS HORPE in F street, to take into consideration the propriety of petitioning Congress to authorise Ward Elections, and for other purposes.
A CITIZEN.
Washington, Nov. 13—
NEW POLITICAL PAPER.
WEEKLY REGISTER OF POLITICS AND NEWS.
THE gentlemen of Congress, and others, who are inclined to patronize this work, are respectfully informed that a subscription paper is lodged in the hands of P. McGruder, Esq. clerk to the House of Representatives. Mr. Mather (of the Senate) will receive the names of gentlemen of that body, who may be disposed to patronize the Register, &c.
J. B. COLVIN.
November 13.
TWO DOLLARS REWARD.
STRAYED from the Commons of the city of Washington on Thursday night last, a RED COW with a white belly, and a little white at the end of her horns sawed off with two inches of head. Whoever takes up said cow and delivers her to me near the Jail, shall, if taken in the city receive one dollar, and if taken out of the city the above reward.
CATHARINE LARDNER.
November 13—
A NEGRO MAN,
A very good Laborer, to hire by the year. Enquire of the Printer.
October 7—wtf
State of Maryland, ss, Saint Mary's County, ss, orphans Court September 3, 1807
ON application, by petition, of Mary Eleanor Ford and Philip Ford, administrators of Philip Ford, late of Saint Mary's County deceased, it is ordered, that they give the notice required by law, for creditors to exhibit their claims against the said deceased, and that the same published once in each week, for the space of six successive weeks, in the American and Commercial Daily Advertiser, Universal Gazette and Washington Federalist.
JAMES FORREST, Reg. wills for St. Mary's County.
THIS is to give Notice, that the subscriber, of St. Mary's county, hath obtained from the Orphan's court of St. Mary's county, in Maryland, letters of administration on the personal estate of Philip Ford, late of St. Mary's 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 tenth day of April next; they may otherwise by law be excluded from all benefit of the said estate.
Given under my hand, this eighth day of October, 1807.
PHILIP FORD. Surviving Administrator.
WASHINGTON CITY.
FRIDAY, NOVEMBER 13.
The Message of the President has been attacked by the federal prints on various grounds, which we shall amuse the reader with concisely noticing. We say concisely; inasmuch as we shall not stoop to say any thing on the gross and indecent language in which some of these attacks are made, or to form any estimate of the motives which at such a time can indulge in such invective. We shall, therefore, regard the substance alone. This will be found to be so attenuated as almost to defy analysis; and to consist of "shadowy nothings," which are dispelled by the first ray of light that strikes them.
First. "A palpable falsehood," is charged upon the President, or our ministers at the British court, on account of the alleged opposition between the language of the late Message, and that of the last session, enclosing a letter from our ministers relative to a treaty with Britain. This is a high and sounding charge. Let us examine the grounds on which it is sustained. The President in his late Message says, "After long and fruitless endeavors to effect the purposes of their mission, and to obtain arrangements within the limits of their instructions, they concluded to sign such as could be obtained, and to send them for consideration; candidly declaring to the other negotiators, at the same time, that they were acting against their instructions, and that their government therefore could not be pledged for ratification." He adds, substantially, that these terms were inadmissible, even independently of the declaration, subject to which the British negotiators signed the treaty. The Message of the last session says, "I transmit to Congress a letter from our ministers plenipotentiary at London, informing us that they have agreed with the British commissioners to conclude a treaty, on all the points which had formed the object of their negotiation, and on terms which they trusted we would approve." The accompanying letter is dated December 27th, and states that it would require only a few days to reduce the treaty to form.
Four days accordingly did elapse, when the treaty was signed. On these facts, these enquiries present themselves.
 1. Was the paper actually signed the same in substance, with that concluded to be signed?  2. Did no intervening event produce a new and unexpected change in it?  3. Might not our ministers, in the interim, have received additional instructions, more in detail than those previously sent, particularly applicable to some points under consideration?  4. Might not our ministers honestly entertain a different opinion of the terms of the treaty from the President? 
If either of these enquiries can be answered in the affirmative, this high charge is annihilated; and we will appeal to every honest and unbiassed mind whether it is not more likely, that some such reason, as we have intimated, did occur, than that the President, or Messrs. Monroe and Pinckney should have been guilty of a gross falsehood; a falsehood too which could not escape detection. The very idea that such men could be guilty of a falsehood is too absurd for belief. When to this is added an almost unavoidable detection, we must suppose them fools to have uttered it.
We do know that a strange and unprecedented note was tacked to the treaty. Are we certain that no new principles were not introduced into its body? Is it not also very possible that in reducing particular arrangements to form, their substance may be in no small degree modified? Might not then our ministers, when they had before them, the form as well as the substance, the details as well as the general principles, have had a very different impression with regard to the instrument from that which they previously expected it would have produced? Is it not, also, possible that they may have viewed the French order as indicative of hostility against the U. S. and have conceived it sound policy under such an impression to accept from Britain the best terms they could get, subject to the reserved right on the part of our government to adopt or reject them.
There is one fact worth here noticing. Long since, Mr. King agreed with the British Minister on certain terms relative to the impressment of American seamen, in correspondence with which he was about to sign a treaty. But its signature was arrested in this critical moment by the lords
of the admiralty whose earnest remonstrance prevented it. What has happened once, on a point of the first importance, and yet remaining unsettled, may happen again, and may have occurred in this very case.
Secondly. The President is charged with an attempt to invade the rights of a co-ordinate and independent branch of the government in the following part of the Message:
"I shall think it my duty to lay before you the proceedings, and the evidence publicly exhibited on the arraignment of the principal offenders before the district court of Virginia. You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law, and wherever it shall be found the legislature alone can apply or originate the remedy."
The charges detailed under this general head are multifarious, of which the submission of the evidence to Congress, the allegation of a defect in the testimony, the law, or its administration, are the principal. The right of the President to say any thing on this point is denied, with what justice we shall presently see.
The constitutional oath of the President requires him, to the best of his ability, to "preserve, protect, and defend the constitution of the United States."
The constitution likewise makes it his duty to give to the Congress information of the state of the union, and to recommend to their consideration such measures as he shall judge necessary and expedient.
Under his oath it became his duty to the best of his ability to protect the constitution against Aaron Burr and his associates, whether their ends were treasonable, or whether they aimed at carrying on a war against a nation at peace with the U. S. That one or the other was the end of this association no man doubts. To arrest such a project was therefore clearly the duty of the President. For this purpose he pursued the best means in his power, in doing which a great disclosure of the circumstances connected with the enterprise has taken place, which disclosure directly goes to elucidate the "state of the union," to shew whether it is free from danger, or whether there is reason to apprehend danger unless preventive measures be adopted. By whom? By Congress. To enable whom to judge for themselves all the evidence is proposed to be submitted. The President intimates that a defect exists some where. To enable Congress to judge where, he lays before them all the correct information that can be collected. That such defect does exist, no one can deny. Its existence has, indeed, we believe been admitted by the Chief Justice himself, so far as relates to the territories of the U. S. where, by the by, the greatest danger from treason will always exist. To shew the existence of this defect, it was necessary to submit the proceedings of the court. It is, moreover, intimated that the defect may have been in the testimony. If so, there is an end of the enquiry, if there should be found to be no other defect. This intimation is consequently harmless. But the principal umbrage is taken at the suggestion that it may be in the administration of the law. This suggestion is altogether hypothetical, and cannot, therefore, be justly levelled at the Chief Justice: for the term "administration" is so comprehensive as to include likewise those who conduct the prosecution and those who enforce the mandates of the court. But if it were exclusively pointed at the Chief Justice, still, if the President thinks that his conduct has exposed any defect, it is not only his right, but his constitutional duty, as we have already seen, to recommend to Congress such measures as he shall judge necessary and expedient. From the communication he has made, it is evident that he considers an enquiry by Congress on this point necessary and expedient.
Viewing the suggestion of the President, therefore, in either of the points of light in which he has presented it, it is not only perfectly correct, but he would have been justly reprehensible, had he been silent. A defect exists somewhere, which can only be remedied by Congress, who can only judge from an examination of the proceedings of the court, which therefore became the duty of the Executive to furnish. This examination is essential to the determination, whether the defect exists in the testimony; it is equally indispensable to the decision whether it exists in the law, or its administration. But what, say these writers, have Congress to do with the administration of the law? Let them make laws; but once made, let their administration devolve exclusively on the judiciary. Agreed—with a small qualification. Congress may institute impeachments, and they may propose an amendment to the
constitution, which may affect the existing organization of the courts: And if their proceedings shew either of these steps to be necessary, it is their duty to take them. In these respects we offer at present no opinion—but such being a part of the constitutional powers of the Legislature, it was indispensably the duty of the Executive, so far as he could, to lay before them all the information connected with their enlightened exercise.
CONGRESS.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, NOVEMBER 11.
Mr. Porter presented the petition of Oliver Evans, stating, that by a late decision in the circuit court of the U. States, the patent issued to the petitioner for improvements in the art of manufacturing flour and meal, had been declared insufficient and void; & praying that the Department of State may be authorised to grant him a new patent. Referred to a select committee of 5 members.
Mr. Rhea of Ten. presented a letter received from the postmaster-general, inclosing a number of petitions, for new post-offices, &c. Referred to the committee on the post-office and post-roads.
Messrs. Moore, Lewis, Hoge, and S. Smith each presented petitions respecting post-roads or offices in their several districts, which were referred.
Mr. Jer. Morrow said, that an act for the sale of public lands had been passed in 1796, which provided that certain sections should be reserved for the disposal of Congress in each township; in 1800, an act was passed authorising the surveyor-general to lease these sections, parts of which were accordingly leased. An act had been since passed authorising the sale of the sections heretofore reserved for the disposition of Congress, with a provision attached to it, that no section should be sold at a lower rate than 8 dollars per acre. This price was so extravagantly high, that it appeared from the report of the Secretary of the Treasury only four sections had been sold in the course of the last year. To reduce the price fixed, so as that all the public lands might be sold and occupied, he moved the following resolution—He remarked that a similar resolution was last year referred to the committee on Public Lands, who reported a bill; but from the press of business, it was not acted on:
Resolved, That the committee on Public Lands be directed to enquire into the expediency of making further provision for the sale of the lands reserved for the disposition of Congress—and that they have leave to report by bill or otherwise. Agreed.
Mr. Dawson said, within a few days a number of gentlemen in the House had expressed much feeling on the subject of the injuries which had been received from a foreign power, and seemed desirous of a minute enquiry into the business. He rejoined at these expressions of indignation. Whether it would become proper not only to speak, but to act, depended on circumstances not within their control. He was informed by the Secretary of War that there were in the magazines of the U. S. a great number of stands of arms, of our own manufacture, which were daily increasing. It appeared that some of the states were in want of arms; the distribution of these would be serviceable both to the U. S. and to the states individually. For this reason he moved the following resolution:
Resolved, That a committee be appointed to enquire into the expediency of selling to the individual states or territories, who may wish to purchase any arms or ordnance owned by the U. S. and which may be parted with without injury to the public; and that they report by bill or otherwise.
Mr. Nelson had no objection to the principle embraced by the resolution, but thought it was improperly referred. He moved that the resolution should be amended so as to refer it to the committee on so much of the President's message as relates to military establishments, &c.
Mr. Dawson had no objection.
The resolution thus amended was agreed to.
Mr. Randolph said, that at the last session of Congress, an act had been passed prohibiting the importation of slaves into any port or place in the U. S. after the 1st day of January next. One of the sections of that act contained a principle in his opinion totally subversive of the right of property in slave holders. He had wished the subject to have been considered at the last session; but from the late period at which it had been brought forward, the House had declined acting upon it. He would say no more upon the subject at this time, but wished a bill to be brought in for ex-
mending the act, for which purpose he moved the following resolution, which was adopted, and a committee accordingly appointed.
Resolved, That a committee be appointed to enquire into the expediency of amending the act, entitled, "An act to prohibit the importation of Slaves into any port or place within the jurisdiction of the U. States, from and after the first day of January, in the year of our Lord, one thousand eight hundred and eight."
A message was received from the Senate by Mr. Otis, their secretary, informing the House that they had chosen the Rev. Mr. McCormick a Chaplain on their part, in place of Mr. Gantt, who declines accepting his appointment.
Agreeably to the order of the day, the House went into a committee of the whole, Mr. Pitkin in the chair, on the bill for erecting a bridge across the river Potomac; and on a motion made by Mr. Nelson, to strike out the 1st section of the bill, a debate arose, which occupied the remainder of the day.
The motion was supported by Messrs. Nelson and Key, and opposed by Mr. Lewis, when, about 3 o'clock, the committee rose, reported progress, and obtained leave to sit again.
THURSDAY, NOVEMBER 12.
After the presentation of various petitions, and the receiving of several reports, all of which were either of a private nature, or of subordinate importance, the House resolved itself into a committee of the whole, Mr. Bassett in the chair, on the report of the Committee of Elections on the contested election of William McCreery, when a long and interesting debate ensued, which was continued until the usual hour of adjournment.
Messrs. Findley, Sturges, Smilie, J. Clay, and Fisk advocated; and Messrs. Sawyer, Randolph, & D. R. Williams opposed the report, which is in favor of the sitting member.
The committee rose, reported progress, and obtained leave to sit again.
SPORTING INTELLIGENCE.
On Thursday the 5th of Nov. over a handsome course, the Upper Marlborough Races commenced. The first day's Purse of 200 dollars the four mile heats was won by major Beans's bay mare, Maria by Punch, 5 years old, who walked once over the course. (Dr. Beans's bay horse, Thornton Medley entered and drawn).
Friday's Race, postponed on account of bad weather.
On Saturday at 12 o'clock was run over the same course a Subscription Purse of 100 dollars, the two mile heats—
  Mr. Duckett's grey colt Democrat by Democritus 3 years old, 1 1   Mr. Craufurd's chesnut horse Selkirk by Driver, aged, 3 2   Dr. Beans's bay horse Thornton Medley by Punch, 6 years old, 2 3   At one o'clock the same day was run for over the same course, a subscription Purse of 100 dollars, the two mile heats.   Mr. Duckett's sorrel colt Republican President, by Republican President, 3 years old, 1 1   Mr. Plummer's bay filly Weasel, by Mink, 3 years old, 2 2   Mr. Berry's bay filly Kitty Fisher, by Driver, 4 years old, halted when leading in the first heat. 
New-York, Nov. 10.
A letter was yesterday received from Boston, mentioning the arrival of the brig Peregrine, from Gottenburg, from whence she sailed the 13th of Sept. and it is said brings official accounts of the surrender of Copenhagen to the English on the 7th September.
Extract of a letter from an American captain at Gottenburg, to his owners in this city, dated Sept. 12.
"I have just time to inform you, that Copenhagen surrendered to the English on the 7th inst. after a brave resistance. Six hundred houses in the city are reduced to ashes. The Danish fleet are to be delivered up to the British, to be restored after a general peace; and the merchantmen taken by the English, are not to be returned until a general peace."
Norfolk, November 4.
Orders were received on Monday from the Department of War, to discharge capt. Nestle's company of artillery, and capt. Reid's company of infantry; as these were the only companies of militia in actual service, their discharge has a pacific appearance.
This day the Court of Enquiry held on board the Chesapeake, closed their proceedings, and adjourned sine die. The proceedings, with the opinion of the court, will be transmitted immediately to the navy department.