The enquirer (Richmond, Va.), 1805-01-08 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE....AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 75.]
TUESDAY MORNING, JANUARY 3, 1805.
[VOLUME 1.]
CONDITIONS.
 I. THE ENQUIRER will appear twice a week...During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment FIVE DOLLARS per annum, in advance.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should they not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Sales at Auction.
Will be sold, on Tuesday the 8th January next, at 12 o'clock, on the premises, for approved negotiable notes in the Bank of Virginia at 60 days,  SIX VERY VALUABLE LOTS , known in Queeney's plan of the Academy or Theatre, lots, No. 1, 4, 5, 6, 7, 9, the situation of which is inferior to very few, if any lots in the city of Richmond. The plan may be seen at the office of the subscribers.  PROSSER & MONCURE, V. M's. (ids.)
Sales at Auction.
WILL BE SOLD, on Saturday the 11th inst. on the premises, the NEW BRICK HOUSE adjoining Mr. Nathaniel Shepard's, on the hill.  Terms of payment, 1-9 cash, 1-3 in 3 months, and the remaining 1-3 in six months. Notes negotiable in the Bank of Virginia will be required, by  THOMAS TAYLOR, & Co. V. M. January 3.
Sales at Auction.
By Virtue of a Deed of Trust, executed to the subscribers by Mr. Bartlett Stull, of the city of Richmond, for the purpose of securing the payment of his note to Messrs. Lemuel Wells, & Co. of New-York, for six thousand three hundred and twenty-two Dollars seventeen Cents, with interest at the rate of six per cent. per annum, from the 21st day of May last,  WILL BE SOLD, to raise the aforesaid sum and interest, together with the expenses attending the execution of said trust, for ready money, on the premises, on Saturday the 24th day of February ensuing, between the hours of 11 and 1 o'clock, that LOT OF GROUND on the north side of the Main-street, next above the Bell Tavern, with the Brick-buildings thereon, at present in the occupancy of Messrs. St. John & Gwathmey and John Richard, Esq. The buildings are insured, and the title to the property is believed to be unexceptionable. A conveyance with special warranty will be made by the subscribers.  PROSSER & MONCURE, Trustees & V. M's. December 25. (ids.)
Fall and Fashionable Goods.
ROBERT JOHNSTON is now opening a general and well selected Assortment of FALL and FASHIONABLE GOODS, which he will sell on moderate terms for Cash, Produce, or at a short credit, by Wholesale or Retail;  AMONG WHICH ARE:    Superfine & coarse cloths  Russia and Irish sheetings    Camerunes & coatings  German Osnaburgs and    Manchester and patent  Ticklenburgs    cord  Chintzes, Calicoes and    Swardstown & flannels  Cambricks    Rose, point & duffel blankets  India Luteerings and Satins    Boys Morocco caps  Ironmongery & Cutlery    Ladies shoes & slippers  Gun Powder and Patent Shot    Steel backboards and col-  Looking Glasses & Thermometers    lars  Whips, Spurs, &c. &c. &c.    Oil cloths & oil skins     Irish linens and brown     Hollands     Nov. 7. Thf
LOW FOR CASH, OR ON SHORT CREDIT, Direct from Penington's Manufactory, Philadelphia:
LOAF SUGAR, OF an excellent quality, either by the hogshead, barrel, or single loaf. The supply will be regular and large.  ALSO—BAR IRON, by the ton or single bar: IRON CASTINGS of various kinds, by the ton or single piece, among which are a few tons of 50 and 60 lbs. weights.  MICAIAH DAVIS. 4th of 7th mo. 1804. [eW6m]
DOCTOR WILSON received yesterday a supply of Peruvian Bark, Cascar Oil and Jalap, all of the best quality. He also has Calomel, Rheubarb, Senna, Manna, Rochelle and Glauber Salts, Tartar Emetic, Ipecacuanha, Opium, Elastic and Silver Gathers, Elastic and common Bougies, &c. &c. &c.  He designs to keep a supply of the best Medicines that can be procured, and flatters himself that his acquaintance with Medicine, will entitle him to a share of public patronage.  Persons of need circumstances by paying the retail prices of his Medicines, will be preferred for gratis. October 31. eWf
BLANKS.
The following Blanks, printed on a handsome Script Type, may be had at the office of the Enquirer.    D. C.     BANK     Cheques, (plain)  pr. quire 1    ditto. ditto. (ruled)  1 25    Negotiable Notes,  1    ditto on fine paper,  1 25    Foreign Bills of Exchange,  1 50    Bill of Lading,  1    Country Court Clerks' Blanks,  50    Sheriffs' ditto,  50    Confable's Warrants,  50    PRINTING generally executed in an elegant style, and on the shortest notice.
Auction Sales.
THOMAS TAYLOR & Co.  WILL in future sell at the place occupied by M. W. Hancock & Co. on Wednesdays in each week; and at their office, on Tuesdays and Fridays as usual.  Dec. 1, 1804. eWf
LANDS FOR SALE,
In the Genesee Country, State of New York.  THE Subscriber having charge of part of the Valuable LANDS in the Genesee country, lately under the agency of Charles Williamson, esq. now offers them for sale on moderate terms either to actual settlers, or to those who declining to settle on the lands themselves, are desirous of investing their monies for the future benefit of their families. The titles of these lands are indisputable.  For terms apply to Mr. John Hesson, at the proprietor's land office at Geneva, in the county of Ontario, in the state of New York, or to Mr. Saml. S. Haught at Bath, in the county of Steuben; or to Mr. Frederick Fanning, at Preston, in the state of Connecticut—or to  ROBERT TROUP. New York, June 5, 1804. eW6m
Debate,
IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.  Debate on the bill for authorizing the erection of a Dam or Causeway from Mason's Island to the Western shore of the Potomac.  [CONCLUDED.]
Mr. G. W. Campbell considering an important principle involved, would offer a few remarks on the point in question, namely, whether Virginia did really intend to cede to the United States any right of jurisdiction which she possessed over the Potomac, and if she did mean to cede, whether the law passed by her is couched in such terms as to convey that right?  The principal objection relied upon is that the right which Virginia had was nothing more than a use springing out of the real property without any territorial right; yet he understood that both the states of Maryland and Virginia could send their civil officers to execute process to execute process upon the Potomac. This being admitted the inevitable conclusion is that the river was within the jurisdiction of Virginia for such purpose. Now look into the law, and see whether the terms be not broad enough to cover the jurisdiction claimed by Congress: the words are, that the cedes a tract of country not exceeding ten miles square, &c. and that Congress may exercise exclusive jurisdiction over the soil and the persons residing thereon; from these words, it is clear that Virginia meant to convey every thing she possessed in relation to the soil. He believed that a person might use expressions in a deed that conveyed more than he possessed. Although the object did not pass, yet it was pro tanto , good for as much as he did possess, which was the case with Virginia. He concluded by observing that it was singular, for so much danger should be apprehended, and yet no person came before them to complain; there were no petitions either from Alexandria or the Eastern branch, nor did he apprehend there would be any, as he believed that deepening the channel would be a general good, & not produce even a partial injury.  Mr. Mason (Speaker). Although it may be a good rule, yet it is not a general one, that people are well satisfied when they do not complain; yet gentlemen when they are sent here to legislate must exercise their own judgment on the probable consequences. If all the people of the district were to say this was the proper measure, he should still exercise his own opinion. The gentleman from Virginia (Mr. Lewis) had narrated the history of this river, and informed us there was no impediment prior to 1784. He did not doubt the correctness of the statement; but he should have gone further, and informed us what was the population on the waters of the Potomac at that time, and what it is at present, and likely hereafter to be; because if such a mud bank was raised in the river when its banks had little or no cultivation, what was it likely to be when thick settled, for every new farm, every additional cultivation loosened the earth, which was swept away by every fresh, and the mud bank at the head of tide water would proportionally increase in magnitude. Such had been the case with the Rappahannock, and if it should turn out that these two rivers are in a similar situation, their trouble would be thrown away.  Mr. Holland admitted that the quantity of mud would increase by cultivation: but if the channel is deepened by narrowing the river, the mud would descend lower, and deposit itself in that part of the bed of the river where the channel was deeper: he had no doubt of the right of Congress to the exclusive legislation over the river, as well as over every other part of the district; he should therefore vote for the bill, believing they had the right, and that the measure would be greatly beneficial to the commerce of the country.  On the question being about to be put, Mr. Eppes requested the clerk to read the 8th article of the compact between Maryland and Virginia, which being done,  The question on striking out the first section was put and lost, 40 members voting in the affirmative, and 72 against it.  Mr. Lyon proposed a new section incorporating a company to build a bridge over the Potomac; he thought the two objects ought to go together, and unless they were connected he should not vote for the bill.  The Chairman determined the motion not in order, the committee having had nothing relative to a bridge referred to them; the amendment however would be proper in the House. The committee then rose and reported, and the House adjourned.
THURSDAY, DECEMBER 13.
On the third reading of the bill for the erection of a dam or causeway from Mason's Island, to the Western shore of the Potomac.  The Yeas and Nays were called for by General Varnum.  Mr. Dawson. My absence from this House for some days past, occasioned by my bad health, has prevented my hearing the arguments which have been urged in favor of this bill, as well as those in opposition to it; presuming however, that they had much affinity to those which were urged on its introduction, which in my judgment were conclusive in opposition, and feeling in support, I must be permitted to express my
affirmation, that it has progressed so far, and that this house must now decide on its passage or rejection.  In this stage of the business and under existing circumstances I should not intrude a single observation, especially as I learn that the subject has been fully discussed, and various votes taken—did I not feel impelled by one consideration superior to all others—but, fir, whenever a proposition is made which goes to affect the interest and wantonly violates the rights of a state, one of whose representatives I am, I hold it to be my bounden duty to rise in the opposition.—Such is the bill in your hand, and under such influence do I now act; in my judgment, that bill usurps a power, and attempts the exercise of a right which the states of Maryland and Virginia never have, and I trust never will relinquish to any government; a right essential to them as sovereign states; and the relinquishment of which will render them dependent not only on the general government, but upon any corporation within the district of Columbia.
In the course of this discussion, reference, no doubt, has been had to the deeds of cession from those two states to the general government. I mean not again to bring them to their view, and mention them only for one purpose: I presume that in the construction of those articles, the same rules will be observed, the same principles will be adhered to, which are observed in the construction of the original compact, the constitution; I well know that in the construction of that instrument, two opinions have gone abroad in the United States, and have their zealous advocates; the one is, that the general government possesses all powers, which it shall deem necessary, and which are not expressly referred to the states; to this doctrine I have never been a friend, and am surprised to find that it has so many advocates on this day, who support that bill; the other is, "that all rights, powers and jurisdictions are referred to the states, which are not expressly delegated to the general government."—This is the doctrine which I have always advocated, and which I support on this day by opposing that bill.  Admitting, Sir, my first position to be true; that the time of construction must be used in two cases which I have mentioned, I call upon gentlemen to show any express surrender of this right of jurisdiction, either by the state of Maryland or that of Virginia—none such appears—and gentlemen must either adopt the extensive doctrine of implication as one of their political tenets, or relinquish that bill.  I will go further Sir, and declare it as my opinion, that the legislatures of those two states never could have intended the surrender of that jurisdiction—I was a member of the legislature of Virginia at that time, and the idea was new unto me until the last year, when the bridge proposition was brought forward—I appeal to the candour of the gentlemen of this committee, and call on them to say whether it is reasonable to suppose, that those two states after taking uncommon pains to fix, and render secure, for ever, to themselves and their friends, the navigation of this river, after uniting their efforts, to open and improve it to a considerable distance above tide water, would surrender the jurisdiction to any earthly power, thereby putting it in their power to impede it, whenever they pleased; for be it remembered, that if we have a right to throw up a dam in one place—we have a right to build a bridge in another, if to build a bridge, to draw an artificial line at any place, saying "thus far you shall go, and no further."
For these reasons I am convinced that the right has never been surrendered; that it never was intended; and that it never ought to be relinquished; considering the objections which I have mentioned as sufficient to defeat the bill, I have forborne to examine into its expediency; whether it will prove advantageous to some of the district and injurious to others I will not pretend to say; one thing however appears probable to me, that if by the erection of this dam, the rapidity of the water opposite to Georgetown is increased, and thereby the mud & mud carried to a lower point and there deposited, that point may be at or near the Eastern branch, which we have established as our Navy Yard, to which heavy vessels get with great difficulty, & from which they may be entirely excluded, should the effect which I apprehended take place; I submit this to the consideration of the friends of this establishment, which is not without its enemies already.  One more word and I am done; if we admit the right to erect a dam, we have the same to build a bridge, and if we grant the one for the accommodation of the people of one part of the district, I know not how we can refuse the other to the inhabitants of the other part; let the friends to the present bill look to this; the division of this House on the last year on that point was very equal, and the admission of the right will certainly give it new friends.  On the passage of the bill the Yeas and Nays were taken, and are as follows:
YEAS—Messrs Allison, jun. Anderson, Baldwin, Bard, Betton, Bishop, Blackledge, Bryan, G. W. Campbell, Cacey, Chamberlain, Chittenden, Clagett, Conrad, Davenport, Dwight, Earle, Elliot, Elmer, Findley, Goddard, Gregg, G. Griffith, R. Griffith, Hanna, Heister, Hoge, Holland, Hunt, Kennedy, Larned, Lewis, jun. Livingston, Lowndes, Lucas, McCready, Meriwether, Mitchell, T. Moore, Morrow, Mott, Patterson, Plater, T. M. Randolph, Rhea, (of Ten.) Root, Seaver, Sloan, J. C. Smith, Southard, Steadman, Stephenson, Stewart, Taggart, Tallmadge, Tenney, Tibbets, Van Cortlandt, Van Horne, Verplanck, Wadsworth, Whitehill, L. Williams, Winn, Winston, and Wynns—66.
NAYS—Messrs. Alexander, Bedinger, Boyd, Boyle, Brown, Butler, Clark, Crowninshield, Dawson, Dickson, Early, Eppes, Eustis, Goodwyn, Griffin, Habersham, Holmes, Jones, Knight, Leib, McCord, N. R. Moore, New, Newton, jun. Olin, Palmer, J. Randolph, Rea, (of Penn.) Riker, Rodney, Saunders, Sandford, Smilie, J. Smith, Stanford, Thompson and Varnum—38.
WEDNESDAY, December 19.
Debate on the report of the committee of Elections, on the petition of sundry citizens of the county of Washington, in the state of Pennsylvania, complaining of an undue election and return of John Hoge, to serve in this House as one of the representatives for said state.—[Continued.]  Mr. Elliot said, that the very comprehensive and an exhaustive examination of this question,
which had been made by the gentleman from Pennsylvania (Mr. Findley) would probably have been conclusive to his mind, had any doubt existed on the subject. Without repeating, however, any of the arguments of that gentleman, a candid consideration of the provisions of the constitution relative to this subject, will evince the correctness of the position taken by the committee of elections. In the second section of the first article of the constitution it is declared, that "when vacancies happen in the representation from any state, the executive authority shall issue writs of election to fill such vacancies. It is an established principle that a constitutional delegation of a general power includes a grant of all the subordinate and incidental powers requisite to give effect to the principal one, unless restrained, limited, or placed elsewhere by another part of the constitution. What is the power given to the state executives by this clause of the constitution? Not merely as some gentlemen seem to believe, an authority to issue writs of election, but to give to those writs a certain operation and effect, that of filling a vacancy. They have authority to issue writs of election, to cause elections to be held in consequence and the vacancies filled. Is the power here given to the executives of the states limited or taken away, by any other part of the constitution? If not, I shall not myself enquire into the discretion or indiscretion with which it has been exercised on the present occasion, as I believe the constitution has placed it beyond our powers of inquisition or censure? By the fourth section of the constitution, it is declared, that "the times, places, and manner of holding elections for senators and representatives shall be prescribed in each state, by the legislature thereof; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators." The words by law, in this section, are peculiarly emphatical. Congress can do nothing on the subject, but by law—the state legislatures may act by resolutions, and in that manner senators are commonly chosen. This section appears to have been intended to regulate the general election of the whole number of senators and representatives, to which a state is entitled, and to have no application to the case of vacancies. But if this construction be not the correct one, it will be necessary to adopt this construction of the two clauses taken together, that although the state legislatures have a right to regulate the elections in cases of vacancy, yet the executive possesses a complete discretion upon the subject until the legislature interferes. Such, we are told, has uniformly been the practical construction in Pennsylvania.—Two questions only are to be answered—Was the election in the present instance held in pursuance of the exercise of a power delegated by the constitution? Certainly it was.—Was it regularly and legally conducted? It appears to have been conducted, except as to time, conformably to the laws of Pennsylvania, which govern other elections. Believing that under the peculiar circumstances of the case, no injustice has been done, and believing that the election was constitutionally conducted, I shall vote in favour of the report of the committee.
Mr. Lucas. Believing as I do that the report under consideration involves an important question, I cannot forbear to add a few remarks. It appears that representatives in congress may be elected under two different circumstances, periodically by general elections, accidentally by special elections. The election of the sitting member, which is the subject of the report, is a special election, an election held to fill the vacancy of Wm. Hoge resigned. It is not alleged, that any illegal votes have been given, or any fraud practised, in conducting that election. It is merely contended by those opposed to the report that the election ought to be set aside, because the time, place, and manner of holding the election have not been according to law, or because the power of prescribing the time, manner, and place, had been assumed by an improper authority.
Turning to the second section of the constitution of the United States we find this provision; "when vacancies happen in the representation from any state, the executive thereof shall issue writs of election to fill such vacancies." From this it appears that the governor is only vested in part with the powers to cause an election to be held, that is the power of issuing a writ of election, which gives him the initiative, but this initiative does not destroy the power placed by the fourth section of the same constitution in the state legislature, which is that "the times, places, and manner of holding elections for Senators and representatives shall be prescribed in each state by the legislature thereof." The words holding elections indubitably include all kinds of elections; a special election is not less an election than a general one, and unless the constitution expressly an exception to that general principle, it follows necessarily, that none but the state legislature or Congress have the power of prescribing the times, places, and manner of holding elections for representatives. Thus from the provision in the constitution, which vests the executive of each state with the power to issue writs to fill vacancies, and from the provision which vests the state legislature with the power to prescribe the time, places, and manner of holding elections, it appears that the powers necessary to cause elections to be held to fill vacancies are divided between the executive and legislative powers; the first is directed to issue writs of election; the second to prescribe the time, places, and manner of holding the same, both are bound by a constitutional injunction equally imperative; thus that an election to fill a vacancy be legal, the executive and legislative must have co-operated to that election by the exercise of their respective constitutional powers. If the election under consideration had been held under the authority of one of these powers, it is not according to the constitution inasmuch as the constitutional exercise of the power of the one without the concurrence of the other is but a lame power.
The report states that this election was held without the concurrence of the legislature; that is, that the state legislature had omitted to prescribe by law the times, places, and manner of holding elections to fill vacancies. This being the case, the power of causing this election to be held was incomplete, and if its deficiency was supplied, it was by an authority other than that designated in the constitution.
But a gentleman from Connecticut (Mr. Griffith) contends that by the constitution of the United States, in the second section of the first article, requiring the executive authority of each state to issue writs of election to fill vacancies, the executive became vested with the absolute power of causing elections to be held, and that all other powers necessary to carry that act into effect are implied and can lawfully be exercised.
To this it may be answered, that the constitution of the United States has been careful in distinguishing between the substance and forms of elections; the substance of elections, which consists in the right of electors, and the result of the exercise of that right, hath been sufficiently expressed; the legislatures of each state have been expressly vested by the constitution with the power of regulating the forms, which consists in prescribing the times, places, & manner of holding elections. If the construction of the gentleman from Connecticut were correct, the consequence would be, that two provisions of the constitution would militate against each other; that is, that the executive would from the power he hath to issue writs of election to fill vacancies, derive by implication the power of prescribing the times, places and manner; that is, would have by implication a power which the constitution expressly vests in the legislatures of each state, and which appears to be a subject of such importance, that Congress is empowered to control the state legislatures in that very case. The gentleman from Connecticut hath gone further; he hath said that admitting for a moment that the power vested in each state legislature to prescribe the time, places and manner of holding elections, which he believes extends only to general elections, should extend to elections to fill vacancies, yet that inasmuch as the legislature of Pennsylvania did omit to legislate on that subject, the governor had right to supply the omission by assuming that power. To this argument I answer that as none of the constituted authorities can transfer by any act whatever the power lodged by the constitution in any of them, by a stronger reason no transfer of power can be made by their omission to act. The security of our political system rests principally upon the constitutional partition of the constitutional powers. The constitution does not only require that none but the powers which it grants should be exercised; it also requires that they should be exercised only by the authorities to which they are confided; and to contend that the omission of the legislature to legislate entitles the executive to perform acts of legislation, is a position too preposterous to require refutation.
It hath been argued that it would be out of the power of state legislatures to prescribe the time of holding elections in pursuance of the writ of the executive to fill vacancies; because the governor issues his writ under the immediate authority of the federal constitution, and this power cannot be impaired or receive modifications by a legal state legislative act; it hath been added that this election to fill a vacancy being the result of a contingency, the time cannot be prescribed by law. I grant that the time cannot be absolutely prescribed, but I contend that it can be prescribed relatively, and so it is prescribed too by the law of Pennsylvania regulating the times, places and manner of holding elections to fill vacancies in the state legislature. Upon the issuing of a writ by the speaker of either House, a time is fixed, which bears a relation to the time of issuing the writ, on proclaiming the election in pursuance of the writ, and as this relative prescription of time does not limit or abridge the power of a speaker, so a similar relative prescription of time with respect to the time of proclaiming an election under the writ of the governor, would not abridge or impair the exercise of his right.
Independent of the radical deficiency of the election alluded to in the report on constitutional grounds, it cannot in my opinion bear the test in point of discretion or equity. The shortness of the notice offers to my mind an insuperable objection. From the report before us, it appears that the sheriff of Washington made a proclamation of the election on the 21st of October, and that the election was held on the 24th of November. It was not only morally impossible, but it was physically so, that one third of the electors could be informed; but this objection hath been anticipated on this floor, and great endeavours have been used to justify the shortness, I might say the want of notice, by alleging that the 24th day of November had been preferred, it being a day already appropriated for the election of electors, and that the notice given for that election would answer the purpose for the election of a representative in congress, whilst it would save the electors the trouble of assembling again.
These considerations, more specious than solid, cannot prevent me from discovering the whole extent of danger of holding elections without certain principles and rules with respect to a previous notice. It was generally believed in Washington county, as in every other part of Pennsylvania, west of the mountains, that the election of electors would without any risk be carried, according to the wills of a large majority. Hence many persons far distant from their respective election districts relied upon those that were nearer to attend the election of electors; hence the result of the election for a member of congress; had the electors of the district been informed, as they ought to have been, that a member of congress was to be elected on that day, that although there was no danger of risking their object as to the election of electors, yet there might be some doubts as to the election of a representative, have we not every reason to believe from the repeated instances of public spirit prevailing in that district that the election would have been attended by probably more than three times the number of persons that did actually meet and as to myself I have a strong presumption that the result would have been quite different from what it was. Some of the gentlemen, who supported the report, have endeavoured to justify this election on the ground of precedents. They have said, that all former elections in Pennsylvania to fill vacancies in Congress have been held under the same authority and circumstances. It is not improper to take notice, that this election is the first of the kind that hath been contested in Pennsylvania; that as no exceptions were taken to the former ones, it is an ordinary thing that the committee of elections, report as legal elections, those that appear such from prima facie ; and they never enter into details but when the elections are disputed. Ought precedents to govern which militate against an express constitutional provision, & will gentlemen say that elections to fill vacancies held after thirty days notice, such as the first election of Wm. Hoge and others were, can be viewed as a precedent in point with an election held after one day's notice? It hath been the pleasure of some honourable members to bring into view the motive that

have actuated the governor of Pennsylvania, in directing the election to be held after so short a notice. The purity of these motives has been insisted upon, as if any member of this committee were questioning the good intentions of that magistrate; but the intentions of the governor, pure as I doubt not they were, cannot be the criterion to judge of the legality of this election. The governor may think one way, and this committee another, and yet we may all be influenced by good intentions. From the present view of the subject, I am induced to vote against the report. I lean still more to the rejection of the report, as by setting this election aside, the legislature of Pennsylvania, which is now in session, will feel more immediately the necessity of exerting its constitutional powers, and of prescribing by law the times, places and manner of holding elections to fill vacancies in future.
Mr. Jackson. Mr. Chairman—Two objections have been made by gentlemen to the report of the committee of elections: 1st. that the constitution of the United States requires that in all cases the times, places and manner of holding elections shall be prescribed in each state by the legislature thereof; and as no law has been passed in Pennsylvania providing for the cases of supplying vacancies occasioned by death or resignation; that the election of Mr. Hoge is invalid—2d. If the constitution does not conclude the question, we have a right to examine all the circumstances incident to the proclamation of governor McKean, and to determine whether the discretionary power vested in him by the constitution, as the executive of Pennsylvania, for the time being, was duly exercised or not; and it is asserted that it was improperly exercised by him.
The fourth section of the first article of the constitution, upon which the superstructure of the arguments on the first point rests, is in these words, "the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof," &c.—The language of the section clearly proves it has reference to the general elections, and precludes the idea that it was intended to include the cases of vacancies, as no human prescience could designate the proper time for holding elections to supply vacancies, that would thereafter occur. Who can determine when the incumbent will die? When the unrelenting hand of death shall cut the thread of life, or when some occurrence in life shall induce him to resign into the hands of the people the trust reposed in him? And unless these things are foreseen, the state legislatures cannot say at what time, at what place, and in what manner elections to supply vacancies shall be held. If the legislature were to pass a law regulating the time only, and leaving the place and manner to the direction of the executive officer conducting the election, on designating the place and leaving the time and manner to be fixed by him, it certainly would not be a compliance with the requisitions of the constitution; and a person thus elected would not be constitutionally entitled to a seat in this house. In the construction of a grant, it is necessary that the person thereby claiming a privilege, shall show that he has complied with all its requisitions, and it being imperative that the states shall prescribe the time, place and manner of holding elections, I doubt very much whether a compliance with either requisition alone would be correctly within the meaning and spirit of the constitution.
I am the more inclined to adopt this construction, when I refer to the paragraph contained in the second section of the first article, which declares that "when vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies." Either this sentence has some meaning, or it has not; if it has any, it clearly follows that the cases of vacancies are provided for in a different way from that directed by the fourth section, which succeeds it. Mr. Chairman, when I contemplate the great talents and wisdom which the framers of this instrument possessed in an eminent degree, and the perspicuous and emphatic language which characterises its provisions, that not only every paragraph, but every word of each paragraph conveys some meaning, I cannot reject the sentence just read as a dead letter, unmeaning and inoperative; and unless it is rejected, the executive authority of any state has the power, and is required to issue writs of election to fill such vacancies as may happen in its representation, independent of any state law, or provision; and in conformity with the supreme law of the land.
Some gentlemen, however, contend for a limited construction of this clause, granting to the executive authority to issue writs of election, by denying the right of designating the time, place and manner of holding such elections; but it is not to be presumed that a power so merely nominal would be guarded by the insertion of an independent and express provision. If, however, I err in the opinion I have advanced, I deny the propriety of making a contrary decision at this late day. The states, the great parties to the compact, have, without a single exception that I know of, considered, that vacancies are to be supplied by writs of election under executive proclamations, and have not passed any law upon the subject. A respect for their decisions, for the uniform practice of this house, and a conscientiousness, that if we err, it is on the side of justice, will I hope induce us to sustain the report—if we do not, I call upon gentlemen to go through the house, to examine the rights of every individual to a seat; and to decide all cases similar to the one now before us in the same way. Sir, we have no law in Virginia providing for similar cases, I speak from present impressions. If I am mistaken, I will thank gentlemen to correct me. Two of my colleagues (Messrs. Clark and Wilson) now hold their seats in virtue of elections held to supply the vacancies occasioned by death, and resignation. If the gentleman from Pennsylvania is not entitled to his seat upon constitutional principles, my colleagues are not; if they are, he is. One gentleman from Pennsylvania, (Mr. Conrad) however, varying the ground of objection, lays that the laws of Pennsylvania provide for the case, and require a notice of 20 days previous to holding elections, and as no such notice were not given, this election is void. The language of the law he read, proves he is mistaken; it provides for issuing writs of election by the Speaker of the Senate, or of the house of representatives, as the case may be, to supply vacancies; and as neither branch of the state legislature, as such, has any thing to do with the election of representatives to Congress, it must clearly apply to members of the state legislature only.
I will now consider the right of examining the conduct of the executive of Pennsylvania, and of controlling the discretionary power vested in him—and first permit me to declare that I believe it is entitled to the highest approbation, and was well calculated to procure a fair and honest expression of the public will. Congress was in session; the district of Washington represented; and the necessity of providing for the exigency as soon as possible most apparent; an important election, the most important, Sir, which occurs under our constitution, about to take place, for the appointment of electors to choose a President and Vice-President of the United States, and upon that day by the Governor's proclamation was this election to be held. True, Sir, a lengthy notice was not given, it could not be given; without suffering this election to pass by, and requiring the people to assemble a second time after a short interval, which would have been highly inconvenient. He had reason to believe that all the people would have attended; it was eminently their duty to do so; as the magnitude of that election was great beyond comparison, when considered with the other. A gentleman from Pennsylvania (Mr. Conrad) has told us that he will insist the elections to be more frequent, as it is the interest and duty of the people to attend them. Where were they, I ask him, when the electors were chosen? Were they regarded as their interest and duty, asleep at their posts? Sir, the fact proves the unwillingness of the people to attend; and were the elections more frequent their neglect would increase with their numbers. I will not dwell longer upon this subject, in supporting the conduct of the Governor of Pennsylvania. The gentleman from South Carolina (Mr. Huger) has done ample justice to it. I now deny the right of this House to supervise or control the executive discretion of a free and independent state and I call upon gentlemen to show me whence that power is derived. It cannot be too often repeated that our's is a limited grant of powers; no constructive or implicative power is to be exercised by us; this is the language of the constitution; it is the language of common sense, if we have the power I trust how it is to be exercised? Shall we erect ourselves into a high Court of criminal judicature with censorial powers? Shall we try the governor of Pennsylvania acted from corrupt motives. That he was influenced by a desire to control the district of Washington in opposition to the people? Unless we do, Sir, I see no ground for interposition. Mr. Chairman, there is no power vested in this House more dangerous in its injudicious exercise, than the right of judging of the elections, returns and qualifications of its members; by it a party may determine of what number the minority shall consist and even whether there shall be any minority at all. I will never consent to exercise that power, even legitimately, except in cases of urgent necessity.
tion, about to take place, for the appointment of electors to choose a President and Vice-President of the United States, and upon that day by the Governor's proclamation was this election to be held. True, Sir, a lengthy notice was not given, it could not be given; without suffering this election to pass by, and requiring the people to assemble a second time after a short interval, which would have been highly inconvenient. He had reason to believe that all the people would have attended; it was eminently their duty to do so; as the magnitude of that election was great beyond comparison, when considered with the other. A gentleman from Pennsylvania (Mr. Conrad) has told us that he will insist the elections to be more frequent, as it is the interest and duty of the people to attend them. Where were they, I ask him, when the electors were chosen? Were they regarded as their interest and duty, asleep at their posts? Sir, the fact proves the unwillingness of the people to attend; and were the elections more frequent their neglect would increase with their numbers. I will not dwell longer upon this subject, in supporting the conduct of the Governor of Pennsylvania. The gentleman from South Carolina (Mr. Huger) has done ample justice to it. I now deny the right of this House to supervise or control the executive discretion of a free and independent state and I call upon gentlemen to show me whence that power is derived. It cannot be too often repeated that our's is a limited grant of powers; no constructive or implicative power is to be exercised by us; this is the language of the constitution; it is the language of common sense, if we have the power I trust how it is to be exercised? Shall we erect ourselves into a high Court of criminal judicature with censorial powers? Shall we try the governor of Pennsylvania acted from corrupt motives. That he was influenced by a desire to control the district of Washington in opposition to the people? Unless we do, Sir, I see no ground for interposition. Mr. Chairman, there is no power vested in this House more dangerous in its injudicious exercise, than the right of judging of the elections, returns and qualifications of its members; by it a party may determine of what number the minority shall consist and even whether there shall be any minority at all. I will never consent to exercise that power, even legitimately, except in cases of urgent necessity.
Foreign Intelligence.
Continued from London Papers to the 2d November, inclusive, received at the office of the Mercantile Advertiser.
LONDON October 29.
A letter from a neutral diplomatic agent at Paris states, that before the Russian Ambassador d'Oubril left Menz, he received the ultimatum of Bonaparte from Talleyrand. In this state paper Bonaparte offers, 1st. To indemnify the King of Sardinia with the whole of Tuscany, and a part of the Duchy of Parma: to proclaim him King of Etruria: and to make the young King of Etruria King of Sardinia, which island, is to be ceded to him. 2dly. To evacuate Hanover, upon condition that this Electorate shall be occupied by Prussian troops, during the present war; that the same restrictions against British goods shall be continued as they now exist; and that Hanover shall pay an annual sum of half a million of dollars to France, until the conclusion of a Peace with England. 3dly. That the general affairs of Italy, the occupation of the Kingdom of Naples and the Seven Islands, shall be regulated at a Congress, to be composed of Ministers from France, Russia, Austria, Prussia, and Spain. 4thly. That the Congress shall be vested with powers to settle all the demands of the several German Princes, and make for that purpose new territorial arrangements, and grant new indemnities. 5thly. That Switzerland and Holland shall remain in statu quo until peace with England, when their entire independence shall be consented to by France, and respected in future.
Such are the terms as reported in the diplomatic circles at Paris, which Bonaparte has consented to grant to the demands of Russia. As the pacific temper of the Emperor Alexander is well known, this condescension has caused the late rift in the French funds, it being the general opinion that these terms will be accepted; and that a Continental War will not take place for some time. Letters from Holland, mention, that the leading persons in that country were divided into several strong parties, each contending for the ascendancy in the new Government, and each endeavouring to support itself by the French interest. It is said, that the plan of the new constitution has been already settled by the Council of State, and that it bears a strong affinity to that which subsisted before the revolution which terminated in the expulsion of the House of Orange.
A letter from the Hague, of Tuesday last, states that from 15 to 20,000 Russian troops, under the convoy of several ships of war, were on the eve of sailing from the Black Sea for the Adriatic. This report seems to derive credit from the extraordinary haste with which the French are pouring their forces into the kingdom of Naples. In addition to the troops which have been devouring that country, contrary to the faith of the most solemn engagements, not less than 20,000 men have lately entered it from France. The King of Prussia is said to be busily engaged in mediating between France and Russia. The French and Bavarian troops, on the coast of Flanders, are said to suffer much from the effects of an epidemic disease.
A great battle is stated to prevail on board the transport fleet in the Texel; it is also said that the troops at Zeylt are under orders for embarkation at the same time, however, arrangements are made for their further support in camp should circumstances delay their embarkation.
Notwithstanding the extreme badness of the weather, the French continue actively employed in strengthening the fortifications of Neubreugh, on the Waal; the men are unremittingly employed from break of day till dark.
The Senate of Hamburg was offered, by General Bernadotte, a mortgage on the saltworks and line of Lumberburgh, as security for the 600,000 six dollars which they have been obliged to lend the States of Hanover, for the payment of the French troops; but the Senate refused to receive the pledge, on the ground that France had not a right to alienate a property which did not belong to her.
We understand that Parma and Piacenza are shortly to be united to the kingdom of Etruria.
Towards the close of the last month, 22,000 French troops passed through Bologna, on their route to the dominions of the King of Naples.
The King of Sweden, on the 15th inst. received a letter from the Emperor Alexander, conveying, in terms of the warmest attachment, assurances of the most efficient succour, in the event of his being attacked by France.
OCTOBER 30.
Some advices from India, of so late a date as the 27th of May, have within the last three days been received by Government, which, it is understood, announce intelligence of a description by no means agreeable. An engagement is said to have taken place between a division of the British troops, commanded by Colonel John Murray (General Wellesley not having joined the army at the time) and a numerous body of Holkar's forces, in which the loss of the former, both in officers and men, was very considerable. One report, indeed, goes so far as to state, that the Europeans were defeated; but this statement, we think, must be incorrect, as our troops were not prevented from advancing immediately after the action.
November 1.
The following articles appeared in the Monitor of the 24th ultimo.
PETERSBURGH, Oct. 7.
"The Emperor of Russia having been informed that the Count de Lille had quitted Warsaw, and was going to Russia, where he was to have the conferences announced before-hand with persons expected from England, would not suffer those conferences to take place in his States. He has made known to the Count de Lille, that having had relations with the French Government, having signed with it several treaties, and that Government having been recognized in Russia since the treaty of 1801, he would not suffer any thing to take place which might induce it to be thought that the Court of Russia had changed its system and opinion upon the subject."
MADRID, Sept. 14. —The King has given orders for 20,000 men to march to the province of Biscay, the capital of which is Bilbao, to quell the disturbances there. These troops consist of a column of Castilian grenadiers, the Apolon regiment, a corps of cavalry, and a regiment of Catalonians.
BILBOA, Oct. 8. —Five thousand troops are already arrived here, and 3000 more are expected with a chief Judge, who will decide with respect to the late occurrences here. Trade is entirely at a stand.
ROME, Oct. 3. —The Pope, who sets out on his journey on the 12th, will be received on the frontiers of France by his Imperial Highness Prince Louis Bonaparte. The Emperor himself will meet his Holiness at the gates of Paris, take him into his coach, in which he will give him the right hand seat, and thus proceed through the streets of Paris to the Imperial Palace, the Tuileries.
VENICE, Oct. 6. —The report is renewed that the Constitution of the Italian Republic will soon undergo considerable changes. The documents for that purpose are already in the hands of the Minister Marscalchi, who was presented to the Emperor Napoleon when he was at Mentz.
LAUSANNE, Oct. 12. —For several days no posts have arrived here from Germany. They write the fame from Berne. A variety of conjectures have been made with respect to the cause of this extraordinary occurrence, of which there has been no example for several years.
HANOVER, Oct. 23. —The whole French army in the Hanoverian territory is going into winter quarters—the number of troops here at present is estimated at 22,000.
CONSTANTINOPLE, Sept. 16. —It is generally asserted that the Porte, with a view to restore order in Egypt, and gain over the Mamelukes has resolved to appoint Elfi Bey, who resided so long in London, Governor of Cairo; but such strong representations have been made against this appointment by a certain foreign Ambassador here, that it will not now take place.
NOVEMBER 2. STATE PAPERS.
Copy of the Note delivered by the French Minister of the Foreign Department, to the Imperial Russian Charge d'Affaires, dated Paris, the 26th Floreal, year XIII, or the 16th of May, 1804.
I have laid before the First Consul the Note which you have done me the honour to send to me, dated May the 12th.
The First Consul sees with regret the influence which the enemies of France have gained in the Cabinet of St. Peterburgh, and that they are on the eve of interrupting the good understanding between both countries, which, with so much difficulty, was brought about, and which, by its fortunate effects, seemed to be so happy.
His Majesty the Emperor of Germany, and his Majesty the King of Prussia, both of whom are the most interested in the destiny and welfare of the Germanic Empire, have found that necessity and affairs of great consequence sufficiently authorised the French Government to arrest, two leagues from the frontiers of France, French rebels conspiring against their country, and who, by the nature of their conspiracy, of which such a terrible evidence has been obtained, had made themselves outlawed even by the laws of nations.
As the German Princes are also satisfied, so will the First Consul not dissent with the Emperor of Russia a point that does not regard his interest; but he will do himself the pleasure to speak with his Majesty the Emperor of Russia with that frankness he has accustomed Europe to bear upon his part, and which alone becomes strong and powerful states.
If the intent of his Majesty be to form a new coalition, and again to renew the war, why employ this occurrence as an excuse—why not better act openly? Though the renewal of hostilities would give the First Consul sensible regret, he does not know any one who could intimidate or frighten France; no one whom he would forgive who interfered in the internal affairs of France; and as he does not meddle with the internal parties and opinions which may exist in Russia, so has the Emperor of Russia no right to meddle himself with the parties or opinions which may exist in France.
In the Note which you, Sir, delivered, you desire, "that France shall employ the most powerful means to tranquillize other Governments, and that an order of things should cease in Europe, which is so alarming to its security and independence."—Is not this independence of the European States invaded, when one sees that Russia at Dresden and at Rome protects and supports conspirators, who abuse their privilege of residence, to bring about troubles in the neighbouring countries, and when the Russian Ministers in most countries of Europe pretend to put under the protection of the laws of nations persons, born in the same countries, where these Ministers reside, as a Markoff desired to do at Paris, in the case of a certain person born at Geneva? These are real attacks upon the independence of the European States. To mention these attacks, is even the best representation against them; but the affair which has caused her interference is of a very different nature.
By the Treaty of Luneville, both France and Germany have agreed not to harbour any persons who attempted to disturb the reciprocal quiet of the two States. The Emigrants, who resided in Baden, at Friburgh, at Dresden, &c. could not therefore be protected or suffered in the German Empire; a circumstance which insinuates that Russia has been too hasty in her interference in this affair. France desired from Russia that the Emigrants who were employed by her, when both countries were at war, should be recalled from these States, where they had made themselves known by their intrigues against France, which was agreed to by Russia; and the present complaint which she now makes brings, therefore, forth this question; if, when England conspired the murder of Paul I., one had obtained information that the chief conspirator was on the frontier, one would not have employed with zeal all possible means to arrest him?
The First Consul hopes that his Imperial Majesty, whose admirable and noble character is so advantageously known, sooner or later will be persuaded, that persons exist who leave nothing untried to get him against France, in a manner to make a diversion, and bring about a war, favourable only to England. This war did not begin with the will of the First Consul; but if it had been declared by him, so would he however by all means in his power, oppose every attempt to diminish, with regard to France, that equality which ought to subsist between great States. And, as he does not assume any dictatorship, nor interfere with the operations of the Russian Cabinet, so he expects in this respect a perfect reciprocity.
I have still, Sir, a firm hope, that such a frank declaration will be made by your Court, and that it will be followed by such consequences, that the clouds will be dispersed, which may produce deplorable effects between both countries. Receive the assurance of my perfect esteem, &c.
(Signed) C. M. TALLEYRAND. Sublance of the note which the Emperor of the French directed to be returned in Answer to M. D. Oubril's note of July 21. (*)
After stating the astonishment "of the Emperor of the French at the complaints of Russia, and the tone in which they are expressed, which is represented as being that of a Conqueror dictating to a subject power, instead of the familiar tone which ought to be used between the two countries, standing upon terms of intimacy, and treating upon a system of perfect equality, the Note asserts that France has a right to reproach Russia with having neglected to execute her engagement: with having interfered and changed the Government of the Seven Islands, which was placed under the joint guarantee of France, Russia, and the Porte, without any concert or communication with France; with having sent large bodies of troops to Corfu, and having made an ostentatious preparation of sending additional numbers.
"That the Emperor of Russia had also given an open reception to the Emigrants of every description; and had conferred on them public employments; and so far from expelling from his dominions the individuals of the Bourbon family and their head, had allowed them an asylum in the Russian territories, and had participated in their criminal projects, contrary to the wise example of his father, at the time of his endeavouring to terminate the war, and to restore the tranquillity of Europe.
"That Russia had also recently placed itself in a posture of direct defiance to France, by ordering a Court Mourning as a mark of respect to the memory of an Agent in the pay of England, engaged in a criminal design to effect the ruin of France; that Russia had acted in this manner after this traitor to his country had been condemned by the just decision of a tribunal of the French Government, and had been executed in pursuance of its sentence.
"That these and other examples of the ill disposition of the Russian Government, the whole of whose conduct towards France had undergone an unaccountable alteration; the glaring partiality which Russia uniformly manifested towards England, and the perfidious conduct and plots of M. Markoff, who had created the difference between the two Governments, and had engaged in all the wicked designs of the emigrants and disaffected persons in France—that these were the real causes, which induced the Russian Government to adopt that cold and inexplicable conduct towards France, which it had lately thought proper to evince upon every occasion.
"That finally, if notwithstanding all the solicitude of the Emperor of the French to maintain the relations of peace and amity between the two countries, the Emperor of Russia should join his arms to those of England, the Emperor of the French would, in that event, rely on the skill and valour of his armies, and would maintain at every hazard, the honour of France, and the lustre of the French name.
(*) Our readers will recollect the points in dispute between the two powers were much simplified in Mr. D'Oubril's note of the 21st July and consisted of four, to which specific and categorical answers were required, viz.
The evacuation of the kingdom of Naples, and an engagement to respect its neutrality as well from the present as the future. The establishment of a basis for a final adjustment of the affairs of Italy. An indemnification for the King of Sardinia. And lastly, the evacuation of the North of Germany, and an engagement to respect its neutrality for the future.
Domestic Intelligence.
WASHINGTON, January 2.
On Monday the President of the United States communicated to Congress the following message:
To the Senate and House of Representatives of the United States.
THE enclosed letter, written from Malta, by Richard O'Brien, our late Consul at Algiers, giving some details of transactions before Tripoli, is communicated for the information of Congress.
TH: JEFFERSON. December 21st, 1804.
Copy of a letter from RICHARD O'BRIEN, late Consul of the United States, at Algiers, giving some details of transactions before Tripoli—to JOHN GAVINO, Consul at Gibraltar. MALTA, 5th of September, 1804.
Dear Sir, 1st. The American frigates, corsairs, gun-boats, and bombards attacked Tripoli castle, corsairs and gun-boats on the evening of the 3d of August, and after a severe contest captured three Tripoline gun-boats, whose crews were ninety-six men; of this number forty-six were killed, and fifty made prisoners. Amongst the latter number eighteen were severely wounded. We lost lieut. James Decatur, and thirteen men killed and wounded.
2d. On the 7th of August the American force attacked Tripoli to the west part of the city: after a great deal of gun-boat firing, and also of the two bombards, they silenced a seven gun battery and threw several shells into the town. In these two attacks Tripoli must certainly have lost five hundred men. We lost a small gun-boat and twelve men: amongst this number lieut. Caldwell and Mr. Dorsey. The boat blew up by the fire of wads of another boat.
3d. On the morning of the 29th of August, at half past one A. M. the American gun-boats, &c. and two bombards entered the harbour of Tripoli, and within 600 feet of the bathaw's castle commenced their attack. They fired one hundred and twenty rounds each, sunk three of the enemy's gun-boats and a merchant polacre. At day light the Constitution led in within pistol shot of the chief of the batteries, fired nine broadsides, received twelve shot in the hull, lost four men killed, and two wounded in one of her boats by shot. In Tripoli, they have mounted in the city presenting the east, north, and west, 115 guns, had 45,000 Arabs, and the inhabitants to defend the city, had 19 sail of gun-boats, two schooners, and two galliots, and a brig. The Americans had the Constitution, Argus, Syren, Vixen, Nautilus, Enterprise, six gun-boats, and two bombards. The whole of the American crews amounted to 890 men, and the Neapolitans 120. The latter behaved well. In the latter action capt. Chauncy, officers and crew of the John Adams, volunteered their services to the Constitution and gun-boats. We have been expecting to be joined by commodore Barron, and frigates; but he will be too late to end the affairs this year, as the summer season is all but over for gun-boats, and Tripoli in winter can only be blockaded by corsairs, at times off and on. This extract will show that our present force is only adequate to irritate Tripoli, but will not be adequate to reduce it to American terms, and obtain our fellow citizens.
12th September, 1804.
On the evening of the 5th, arrived here, commodore Barron, and capt. Campbell. The former failed on the evening of the 7th, and the latter for Tripoli, on the morning of the 8th. No doubt but they arrived off Tripoli on the 10th, and of course joined, will give Tripoli a general attack.
We have learned since by the return of a vessel here, which carried water to the fleet, that on the night of the 6th, the Americans sent in a vessel prepared with fifty barrels of powder, and a number of bomb-shells; that the vessel had got close into the harbor of Tripoli amongst the enemy's gun-boats, and said vessel was set fire to; by some accident or other the ship blew up, before the officer and crew could get clear, and in consequence, the officer, midshipman, and twelve men were blown to atoms. I believe it is capt. Smith, of the Vixen. The Constitution, gun-boats and bombards led in, and had a long and severe action. I have not been able to obtain from the Maltese crew any better account on this subject, as they have not brought any one better. They were conveyed by one of our brig's of war, which did not enter this port, but went for Syracuse. I have not been well. I left the fleet the night of the 29th ult. and when the John Adams returns here and discharges, I shall proceed with my family in said ship for the United States. Will you please to forward a copy of this letter to the Secretary of State.
I am, &c. (Signed) RICHARD O'BRIEN. John Gavino, Esq. &c. &c. P. S. The expected frigates, joined with the present force, will do it or drive the Ba-shaw and Divan out of Tripoli.
14th September, 1804.
SIR, I have to inform you, that it is capt. Somers, with lieutenant Wadsworth, and Mr. Israel, midshipman, that is blown up by the explosion of the fire ship, at their entering among the gun-boats of Tripoli. Captain Smith in the Vixen, arrived here this day, he left Tripoli three days past—he says that commodore Barron, and Campbell, arrived there the 9th, that on the 7th the gun-boats, bombards with the Syren, Enterprise, Scourge, and John Adams, left the coast of Tripoli for Syracuse. The President, Constitution, Constellation, and Argus, remain off Tripoli—that it is considered if the weather would be favourable that the three frigates would attack the place—I do not think that without the gun-boats and bombards, they will reduce Tripoli to American terms, or obtain the liberation of our fellow citizens. The season is too far advanced for the gun-boats and bombards to remain with safety on the coast of Tripoli.
I am respectfully, &c. Signed, RICHARD O'BRIEN. John Gavino, Esq. &c. &c.
Extra of a letter from Tunis, dated 20th August, 1804.
Naples improved by our daring acts continues to annoy this coast. I learn and the intelligence may be relied on, though we cannot give the detail that the Tunisian squadron has been separated and attacked in different stations by their enemy. Three Tunisian Gallies, on board of which were nearly 700 men, made an attack upon a Neapolitan frigate; one is still sunk and the other two captured; part of the action was seen from Mount Rjab Jhel near Porto Farino, and a number of dead bodies have since floated on shore. We have also accounts of four other corsairs being captured by the Neapolitans. A frigate is cruising between Porto Farino and Bon.
His Catholic Majesty's regalia arrived on the 18th inst. to wit; two Xebecs, mounting 30 pieces of cannon each, 70,000 dollars in cash, a regalia for the Sapatapa, with the usual Consular present.
Legislature of Virginia.
Friday, December 28.
Mr. Miller, (Powhatan) from the committee of finance, made the following report:
The committee appointed to enquire into the revenue and expenditures of the last year, to ascertain how much of the public debt has been redeemed since the first of October, 1803, and to prepare an estimate of the expenses and resources of the ensuing year, have had those several subjects under their consideration, and beg leave to submit thereupon, the following report to the house—
First, On the subject of the revenue and expenditures of the last year, your committee discover, that the net proceeds of the revenue of 1803, amounted to 299,788 dollars and 98 cents; the expenditures charged upon that revenue agreeably to the appropriation laws, amount to the sum of 331,249 dollars and 21 cents, leaving a deficiency of 31,249 dollars and 21 cents.
Secondly, Relative to the amount which has been redeemed of the public debt, since the first day of October, 1803, your committee state, that on account of unappropriated land, certificate loans and revenue taxes, due prior to 1798, the sum of 2349 dollars and 35 cents, has been paid since that period: the representatives of Beaumarchais have received from the treasury, during the last year, the sum of 57,820 dollars and 20 cents.
Thirdly, Your committee beg leave further to report the following estimate of the expenses of the government, from the 30th of Sep. 1804, to the 1st of Oct. 1805, including debts payable in that period.
   Dolls. cts.     Expenses of General Assembly 46,332   Officers of Civil government 60,066   Officers of militia 3,490   Contingent fund 12,000   Criminal charges, including expense of guards 40,500   Slaves executed 3,000   Slaves transported 2,800   Lunatic Hospital 5,500   Pensioners 5,755   Guard in the city of Richmond 15,332   To complete the manufacture of arms, including arrears 15,000

the whole of our public debt, experience has demonstrated, that from a want of energy in our laws, or from a disposition in the legislature to indulge delinquents, the payments into the treasury from this source, are both small and irregular. Your committee, guided in their opinion by past events, cannot therefore calculate the revenue from this source at more than 30,000 dollars which
Table with 2 columns: Description, Amount. Rows include: whole of our public debt, 305,788 98; Will make the sum of, 325,788 98; The money in the treasury on the first day of October, 1803, amounted to 124,000 dollars...
The expenses agreeably to the estimates of this committee, as stated above, will amount to 373,935 35 So that it appears the expenses of the next year will exceed the revenue of the same 38,995
In preparing the foregoing estimates, your committee have proceeded with great deliberation, yet knowing from the intricacy of the subjects to which their attention has been called, their liability to err, they earnestly invite the observation of every member of this house to each item of their report. Impressed however, with the opinion, that the estimates made by them are correct, and that none of the expenses enumerated can be avoided with propriety; believing that every government should apportion its revenue to its necessary expenditures; and that when the latter exceed the former, ruin must ultimately result; viewing the present prostration of the affairs of the world, subjected to no usual requisitions to support the measures of the federal government, receiving for the various productions of the earth, the fairest prices, and calculating too upon that patriotism which has always induced the people of Virginia on the one hand to oppose with every constitutional energy oppressive measures, and on the other to submit cheerfully to new burthens, where new burthens were requisite: Your committee cannot conclude their report without recommending to the house, that the taxes should be increased 12 1-2 per cent. Such an increase of the revenue of the commonwealth will be commensurate to the excess of our expenditures.
ENQUIRER. RICHMOND, JANUARY 3, 1805 A BILL "CONCERNING SEAMEN."
The reader has no doubt observed in our extracts from the Journals of the House of Delegates, the appointment of Messrs. Tazewell, Ker, Peake, Du-Val, Blake, Ridgick, Edwards & Schrell, as a select committee to prepare and bring in a bill, "concerning seamen."
On Saturday Mr. Tazewell reported the bill and accompanied it by the following explanations: He observed that whenever seamen deserted any American vessel, the captain enjoyed all the necessary means of redress; by an application to the magistrate, he could obtain a warrant to apprehend the delinquent, and he could thus compel him to comply with his stipulated contract. But should the captain of a foreign vessel apply to the same authority, he could not enjoy the same means of redress. No magistrate had conceived himself authorized by the act of assembly of 1800 to issue his warrant for the apprehension of a seaman, who had articles to the apprehension of a seaman, who had articles to the captain of a foreign vessel. What was the consequence? The seaman hearing of the interpretation, which had been put upon this act by the magistrates of Virginia, would frequently desert their vessels upon coming into port, although they had bound themselves by a most sacred contract, and although they might have received a part of their wages in advance. Having thus violated their contract, they would then make a boast of their impunity, and laugh at the disappointment, the importunity and the impotence of their Captain. Being a resident of the largest seaport town in Virginia, such scenes had frequently been the subjects of his observation and regret. He had sometimes seen in Norfolk, the crews of 9 or 10 vessels going at large in the streets, because there was no competent authority or at least no authority according to the interpretation of the law, to compel them to obedience. When such scenes were acted with impunity, it was not difficult to ascertain their consequences upon the commerce of the state. The abundance and cheapness of our land necessarily limits the number of our own vessels; while the richness of our soil supplies those with an exuberant produce for transportation. We have not then among ourselves a sufficient number of vessels, to carry on our commercial intercourse with other countries, and we must principally depend upon the vessels of other countries, to maintain our commerce. But these vessels are deterred from coming into our ports by the immediate desertion of their seamen, and the difficulty and expense of enlisting another crew. This expense will principally fall upon the farmer. It is an additional cost in the transportation of the produce, and like the freight of the vessel, will fall principally upon the producer. What then is the consequence? The New England vessels which are protected from this inconvenience, can afford to convey the produce on better terms, and will run off with every freight. But if the same means of redress were extended to the captains and owners of European vessels, this monopoly would no longer exist, and merchants would have to pay a lower freight, because the vessels would then bid against each other.
There was another consideration which Mr. T. laid ought to have considerable influence. There was not another commercial nation in which the same evil existed. There was no European port in which a redress could not be obtained: for for a particular method had always been designated in the Consular conventions, which our government has formed with others. When a seaman deserts in a foreign port, the captain applies to the consul, who issues his warrant for apprehending the seaman. If the present bill was recommended by no other reason, it certainly ought to be passed on a principle of hospitality, or a principle of equal justice. These observations might be carried still further. There is not a state in the union which had not adopted this policy. In all the towns to the north of the Potomac, and in Charleston the principal port to the south, deserting seamen may be redeemed. What is the consequence? Foreign vessels prefer going to these ports. And we, though probably superior to the other states in commercial advantages, are thus thrown behind them by our own laws.
Perhaps it may be objected to this law, that it would be tyrannical in its operations, as it would throw the seamen upon the mercy of a single magistrate. But the present law already subjects the American seamen to such an authority; and shall we then put the foreign sailors upon a better footing than our own? The interpretation of our magistrates already operates upon them this tyrannical exercise of authority, if tyrannical it can be called. They have made the word "any" to mean not any seaman at all, but any American seaman: And shall we then subject our own citizens to this undue authority, without extending it to foreigners?
The 2d section of the present bill supplies a deficiency in the former law. According to the interpretation of that law, no seaman or mariner could be redeemed, unless he had contracted and could contract for himself. It had not been extended to any apprentice bound to a captain, some of whom are in almost every vessel. What is the consequence? These apprentices frequently run away from their vessels. It was to remedy this inconvenience that the 2d section was introduced into the law; for it gives a magistrate the same power over them, as over other seamen and mariners.
The 3d provision in the bill supplies a defect in the present law. It is to enable a magistrate, before whom an unfortunate and ill-used seaman has been brought, to cancel the contract. According to the existing system, a captain may have already treated his seaman with the utmost barbarity; he may threaten to continue his persecution after he leaves the bounds of the United States, and what remedy has the seaman? He may cite his captain to appear before the magistrate; he may have him bound in a recognizance to keep the peace. But this recognizance is not binding out of the United States, and even if it were, it was still necessary to try him in a court of the U. States. But in the mean time the victim would be in his power and suffering the utmost persecutions. This provision then is introduced into the present bill: That if the magistrate is satisfied he has been ill-used or if he has any good reason to believe that he will be so, he may then discharge him from his contract.
Mr. Tazewell concluded with observing, that this bill was all important to the commercial part of the commonwealth, & particularly to the borough of Norfolk, where more business is done perhaps, than in all the other parts of the state put together; at the same time he believed that it was not altogether unimportant to the agricultural interest. Should the remote parts of the state, however, entertain a different sentiment, he trusted that the collective representatives of the country, would extend their concerns to every individual part, and that each representative would do unto others as he wished others to do unto him.
Mr. Smyth (of Wythe) observed that there were some provisions of the bill which he wished maturely to consider. He wished to enquire, how far the present bill would tend to violate the personal liberty of the people; how far a subject of this sort was under the exclusive jurisdiction of Congress, from its control over commerce; how far it would encourage foreign at the expense of Virginia vessels. He wished also to enquire how far it was proper to subject the American sailors, to so extensive a power in the hands of foreign captains. He doubted whether it was correct to say, that in England or in France, the subjects of each were redeemable by an American captain. He doubted the propriety of giving up an American citizen to the commander of a foreign vessel, which would make him liable to an imprisonment by an armed vessel, or to a trial for any crimes which might be alleged against him. As his opinion was not made up on these different questions, he hoped that the bill would be committed to a committee of the whole.
Mr. Tazewell said he had not the least objection to an alteration of the bill, provided it might still be made to extend to foreigners. He had no objection to striking out that part of it, which subjected an American seaman to the authority of the captain of a foreign vessel. The bill was committed to the committee of the whole on Wednesday.
BANK OF VIRGINIA. On Saturday the following preamble & resolution were laid before the House of Delegates: "Whereas it has been suggested, that it would be proper for this General Assembly, to instruct the Treasurer of this commonwealth as to the principles which should govern him in the vote, he is about to give for the state in the election of Bank Directors:
Be it resolved, that it is unnecessary and inexpedient to give that officer specific instructions as to the manner in which he shall discharge any of the duties of his office. This resolution was lost. Nays 87.—Ayes 64. The expediency of instructing the treasurer being thus previously determined; the following resolution was carried, with the preceding preamble annexed to it:
Whereas it has been, &c. Be it resolved, that the Treasurer be and he is hereby instructed to use his utmost influence in the next election of Directors of the Bank of Virginia, and its branches, to procure a complete preponderance of persons of sound republican principles. Carried Ayes 135—Nays 11. The following resolution was then submitted; Resolved, that in order to obtain this preponderance, the Treasurer be instructed to support the appointment of ten Republicans as Directors to manage the affairs of the Bank at Richmond: also ten republicans as Directors for each of the Branch Banks, at Norfolk and Petersburg, and at least nine republicans as Directors for the Bank at Fredericksburg. Carried, Ayes 124—Nays 14.
Election of DIRECTORS of the VIRGINIA BANK, and its Branches. Yesterday the election took place, & 2107 votes were given, exclusive of the State vote.—The following tickets have been certainly successful.
PEPERSBURG. Robert Birchett, John MacRae, Paul Nash, James S. Gilliam, Thomas Atkinson, William Clark, Archibald Thweatt, William Bowden, Alexander Brown, John McCreery, *Ebenezer Stott, *Robert Colquhoun, *Robert Pollok. NORFOLK. Thomas Newton, John E. Holt, Theo. Armistead, Alexander Jordan, Solomon Bedinger, William Knox, Portlocke Whittle, Samuel Roane, Richard E. Lee, L. W. Tazewell, *John Southgate, *James Thornburn, *Edward Roberts. These marked thus * are Federalists.
FREDERICKSBURG. D. C. Ker, John Minor, H. Mercer, Thomas Goodwin, John Chew, William S. Stone, Robert Henning, Fielding Lucas, John Taliaferro, *Robert Patton, *George French, *S. Wincheffer, *Robert Walker, *James Penn, *Joseph Mark.
RICHMOND. A. B. Venable, Benj. Hatcher, Joseph Gallego, Samuel Pleasants, John Harvie, Gervase Storrs, Joseph Selden, George Tucker, Gabriel Raiford, John H. Poffee, *James F. Leitch, *Thomas Rutherford, *James Penn, *Joseph Mark.
Like the rest of his fellow citizens, the editor of this paper has regarded the political events which are now passing on the public theatre, with no common solicitude. But he has not yet relinquished the opinion, which the disinterested part of the community have adopted, and the hope which they have attempted to cherish, that the present crisis in the Republican party is the offspring of a temporary and evanescent occasion. He is willing to believe, that it will end, where it has begun; and as it has principally originated in making the necessary arrangements for the administration of the bank, that it will completely cease when once these arrangements have been completely admitted. He thinks therefore with the disinterested part of the community, that over these temporary variations of opinion, it is better to call as soon as possible the mantle of oblivion; and that if any comments are permitted, the language of conciliation is the dictate of justice. No particular incidents are therefore reported at the present time, and subjected to a critical analysis. No persons, times or places are brought forward for the elucidation of a subject, which may be so important in its consequences, or to enlighten the understanding of the people, when there is so much chance of exciting the most vehement passions.
Yet should these predictions be defeated by an unerring experience: should the present schism have originated in some common cause, or should it still be increasing beyond the occasion, which gave it birth: the path of his duty lies plainly before him. Already has he accumulated certain facts, by whose assistance he can decipher the history of this melancholy schism; and he stands pledged to the state, both by the publicity of the scene in which he resides, and the duties of the station which he occupies, to encircle a more extensive evidence, trace every minute measure, and pour the collected light upon the eyes of the people. If there be any man in a civilized country, who deserves the name of a public man, or who is a little politician who stands aloof amidst the conflicts of party, that man is the editor of a public paper and his should be the censure, who lamenting the schisms of his enlightened countrymen, will make no efforts to unveil their consequences and counteract their movements.
Our present stock of paper being almost exhausted, and the paper which was shipped to us from Philadelphia on the 17th of last month, being detained by the freezing of the Delaware, we have determined to publish the "Enquirer" only twice a week; on Tuesday and Friday mornings. This arrangement will expire, when our paper shall arrive. We shall then resume our present plan of publishing three times in the week, and it shall continue, until our engagements with our subscribers have been most strictly complied with. We cannot publish three times in the week during the session of the legislature, but we pledge ourselves to extend our present plan of publication beyond that period, & at all events to complete the promised period of two calendar months.
FOR THE ENQUIRER. Expedients for executing the system of Internal Communication, which has been already described by the writer on Public Roads.
The general plan for establishing the most important public roads is now completed. Having admitted, that even a partial execution, would require the expenditure of a great deal of money, it now behoves me to shew from what sources necessary funds may be derived. I know that it would be a vain effort to urge arguments in favour of enlarging the ordinary revenue. The unfortunate jealousy which exists as to eastern and western interests, supported by the just complaints of the latter concerning their representation in the senate, will, I fear, prevent an union even in this most important question. But even if this jealousy did not exist, I should not, as relates to this subject, recommend an alteration in the existing revenue; because I believe that necessary funds may be obtained, by means which will neither damp the spirit of industry, nor add aught to the oppressions of the poor. To this end the following recommendations are submitted to public notice and decision.
First. The establishment of public half yearly Lotteries, to raise 50,000 dollars per annum, & to authorise no others until this object is accomplished. Secondly. The appropriation of the Merchant Tax and the Dividends of the Bank of Virginia, after paying the public instalments. About four years will be sufficient to extinguish the debt due to the bank; after that is done, it will be reasonable to expect, that the Merchant Tax (constantly increasing) with the dividends on the bank shares, will produce, annually, 100,000 dollars. Thirdly. A tax on riding carriages, to commence upon those which will cost 200 dollars and upwards, and to be increased in an advancing ratio, according to the actual value or cost of each; that is, all carriages which cost between 200 and 300 dollars to pay 10 per cent on their cost or value: all which cost between 300 and 400 dollars to pay 20 per cent on their cost or value: all which cost between 400 and 500 dollars to pay 30 per cent on their cost or value: all which cost between 500 and 600 dollars to pay 40 per cent on their cost or value: all above 600 dollars to pay 50 per cent on their cost or value. In this way those who use carriages for convenience, would have no cause of complaint, while others would be obliged to pay according to their wealth or extravagance. Fourthly. A tax on horses which are used, for the most part for pleasure; this ought to be regulated by the numbers which were supported by one individual or family, agreeable to a ratio like the following, viz: for one horse 10 dollars; for two 20 dollars each, for three 30 dollars each, for four 40 dollars each, &c. In this instance as in the former, the tax would be paid by the most wealthy or the most extravagant. Fifthly. A tax on dogs, beginning low on the first and advancing something in the same manner.
The taxes on carriages, horses and dogs will no doubt excite murmurs, but the legislature, when about to vote, should weigh the consequences of that discontent, with the benefits which society will derive, either by providing powerful succours to establish useful roads, or by destroying that social injury, which is produced by a competition in the splendour and value of equipages. Even those upon whom the tax would fall most heavily, would be consoled in the advantages which they would receive in having good roads. A rich opulent man might be highly gratified in boasting, that he had eight or ten hundred dollars a year in taxes upon his carriages, horses and dogs. Sixthly and lastly: It is recommended to lay a tax upon every species of gaming; beginning with those games or sports, which are most fashionable. The keeper of a public race ground ought to pay at least 1000 dollars a year for the privilege of suffering races on his ground. The keeper of a faro bank or any similar game, ought to pay as much, and perhaps more. The keeper of a Billiard Table as much. The keeper of a tavern or other house of entertainment, two, three or four hundred dollars for the liberty of permitting gaming in his house; and
so on, modifying the tax every game and sport, according to its tendency. It is believed that the tax on games & sports, without the aid of the other resources, which have been recommended, will, in the course of a short time, produce a sufficient sum to complete the several roads which have been recommended. There is no doubt that much opposition and many plausible arguments will be offered to oppose these taxes. But the proper question to each legislator is this, whether the inconvenience or impropriety as relates to those who will be compelled to pay them, will be equal to the daily inconvenience and positive injury proceeding from circuitous roads which are frequently impassable. Such are the resources which are deemed sufficient to carry into effect this vast and necessary plan; a plan which will require the expenditure of several millions of dollars, but which will unite all parts of this state by easy and permanent communications, and will tend greatly to abolish the jealous and injurious distinctions between eastern and western interests; yet if the Legislature shall think it to derive additional aid from a temporary toll on such parts of the plan, as may from time to time be executed; then the system of improvement will be carried more rapidly into execution, and every inhabitant of every part of this country will be blessed with the lasting advantage of having a good and permanent road near to his residence, which will not only urge him to industry, but also, will increase his wealth, happiness and attachment to his country.
Last Evening's Mail. Our readers will perceive that after Mr. Chase had addressed the Senate, they retired into a private chamber. A question there arose, whether it was not necessary for the Senators to take the oath required by the constitution, before they took into consideration the motion of Mr. Chase. After considerable debate, this question was decided affirmatively. Accordingly, the first step taken yesterday, when the court was opened, was the qualifying the members.
In Senate, OF THE UNITED STATES. HIGH COURT OF IMPEACHMENT. WEDNESDAY, JANUARY 2. The United States versus Samuel Chase.
Silence having been enjoined by the cryer, Mr. Otis (Secretary) Read the return on the summons of Samuel Chase, made by Mr. Mathers, sergeant at arms, who was sworn that he served the said Samuel Chase with a copy of the summons and a copy of the articles of impeachment. Proclamation was made that Samuel Chase appear conformably to the summons, or that his default would be recorded. SAMUEL CHASE appeared accordingly. The President of the Senate (Mr. Burr) informed Mr. Chase, that having been summoned to answer the articles of impeachment exhibited against him by the House of Representatives, the Senate were ready to receive any answer he had to make. Mr. Chase requested, in consideration of age and infirmity, the indulgence of a chair, which being immediately furnished, he seated himself near the centre of the area of the Senate chamber in front of the President. The members were seated in boxes covered with crimson on each side of the President and in a line with his chair. Mr. Chase, and made several observations of a general nature on the articles of impeachment. The President said this day had been appointed to receive any answer he might make to them. Mr. Chase said his purpose was to request the allowance of further time to put in his answer. The President desired him to proceed. Mr. Chase began his argument in favor of an extension of the time for putting in his answer. After making his exordium he denied being guilty of all or any of the articles exhibited against him; but said the charges were so heinous and urged by such high authority that a simple denial would not be sufficient. It behoved him therefore to evince the rectitude of his conduct by meeting each charge distinctly. The President here interrupted him; and asked if the paper he was reading was intended for his answer; if so it would be put on file. It was the prelude to a motion he meant to make praying to be allowed further time for putting in his answer, he would confine himself strictly to what had relation to that objection. From the tenor of what had been urged it had appeared to him as intended for an answer to the articles of impeachment. Mr. Chase said it was not his answer that he was reading; but that he was assigning reasons, why he could not now answer, in order to shew that he was entitled to further time to prepare and put in his answer. The President said, that as he was co-respondent in the practice of courts of law, know very well that a motion for time must not be founded on mere suggestions, but must be founded on some facts to prove the propriety of the motion. Mr. Chase said he meant to shew the impracticability of his answering at this time, from the very articles themselves, and it was for that purpose he had an allusion to them. The President said with the caution he had given he might proceed, provided no objections were made by any gentleman of the Senate. Mr. Chase proceeded with his argument without interruption until he came to that part in which he stated he could prove his innocence by the uniform tenor of his public life—which would shew that whilst those who accused him were pulling in their nurses arms, his arms were raised, and the utmost exertions of his mind employed, in laying the foundations whereon are erected the liberty, happiness and prosperity of our country. The President here interrupted him, and said that observations of censure or recrimination were not admissible; it would be very improper for him to listen to observations on the statements of the House of Representatives before an answer was filed. Mr. Chase said he had very few words more to add, and he should then finish for the present. He was permitted to proceed, and concluded with desiring that he might be allowed till the first day of the next session to put in his answer and prepare himself with counsel for his trial. The President desired him if he had any motion to make to reduce it to writing & hand it to the secretary. Mr. Chase hereupon stated his motion in writing which was as above stated, and was afterwards read by the secretary. The President then informed him that the Senate would deliberate on his motion, and that the court would be opened to morrow at 12 o'clock. The Senate immediately, on the invitation of the President, left the Senate Chamber, and proceeded to a private committee room. During the whole of these proceedings, neither the managers, nor House of representatives were present.
THURSDAY, JANUARY 3. The Secretary administered to the President the following oath. "You do solemnly swear that in all things appertaining to the trial of the impeachment of Samuel Chase, you will do impartial justice according to the constitution and laws of the United States." The like oath was administered by the President to 27 of the members present, and three
others made solemn affirmation to the same effect. The President laid before the Senate a letter from Samuel Chase, including an affidavit sworn before Mr. Justice Hamilton, alleging various facts and reasons for being allowed further time to give in his answer. Mr. Bradley moved the Senate to come to the following resolution: Ordered, that Samuel Chase, one of the associate justices of the supreme court of the United States, do file his answer to the articles of impeachment exhibited against him, with the Secretary of the Senate, on or before the day of
Mr. Giles moved to strike out all the words after the word ordered, and insert in lieu thereof the following: "That the day of
shall be the day for receiving the answer and proceeding on the trial of the impeachment of Samuel Chase." Mr. Billingsley moved a division of the question, taking it first on striking out. Mr. Giles asked if the whole was not one motion. The President declared that any member of the court had the right of requiring a division of a question where it was susceptible of a division, and he conceived the amendment proposed was capable of being divided. The question was then taken on striking out by calling over the names of the members and there appeared Ayes 20—Nays 10—So the words were stricken out.
The question was next taken in like manner upon inserting the words moved by Mr. Giles, and was carried—Ayes 22—Nays 8. Mr. Tracey moved to fill up the blank with the first Monday in December next. Mr. Breckenridge moved to fill it up with the fourth of February next. The President said the first question would be on the most distant day, viz. the first Monday in December next. On this question there appeared 12 Ayes and 18 Nays. So the motion was lost. The President then put the question on the fourth day of February next, which was carried in the affirmative—21 Yeas and 9 Nays.
The question on the order, as amended, was then put and was carried—Ayes 21—Nays 9. The secretary was directed by the President to deliver a copy of this order to the House of Representatives, and another copy to Samuel Chase.
After enquiry by the President whether any gentleman had any thing further to offer, the Senate withdrew to a private chamber.
Geo. Clinton, jun. son of governor Clinton has been unanimously nominated, by delegates appointed by the citizens of the district, as candidate for representative to Congress, to supply the vacancy occasioned by the election of Dr. Mitchell to the Senate U. States, for the state of New-York—[Balt. Amer.]
TO BE SOLD. For ready money, pursuant to a decree of the Federal Circuit Court, for the district of Virginia in a suit between Phineas Bond, Attorney for the creditors of Ezekiel Edwards Plaintiff, and David Ross and others defendants—
TWO undivided parts, out of three, of forty-two acres of LAND, in the county of Henrico, upon Four-Mile Creek, with the Mills and Houses thereon, known by the name of the Newich Mill, ALSO a Tract or Parcel of LAND, situate in the county of Henrico, about seven miles below the City of Richmond, commonly called and known by the name of the Seven Pines, thought to contain one thousand acres, but Mr. Ross undertakes, that an accurate survey and plot, shall be produced on the day of sale. The Sale will positively take place at the Eagle Tavern in the City of Richmond on Thursday the 21st day of February next.
BEN. MOSBY, D. M. for JOSEPH SCOTT, M. V. D. (ds) Jan. 8.
At the same time and place, I will dispose of the other undivided third part of the said Norwich Mills and will also dispose of a valuable tract of LAND adjoining thereto, which contains about five hundred acres, with various improvements. The whole is a valuable estate.—Mr. Hooten will show the Mills and the land. The terms of payment for the said land and the other third part of the Mills will be half ready money, and twelve months credit for the other half.
DAVID ROSS. TWENTY DOLLARS REWARD. JACK OR JACK ASH, a gardner by profession, formerly the property of Lewis Burwell, decd. was sold by the Exor. of said Burwell, about this time last year, to a gentleman residing in Amherst county, who permitted him to come down last May, for the purpose of visiting his wife and relations, with a promise that his visits should be repeated frequently. Jack has thought proper to abuse this indulgence by not returning to his master. His age is something above fifty, rather under the middle age. 'Tis believed that he secretes himself in Chesterfield, probably Manchester, where his wife's friends live. The keeper of the toll bridge or the ferryman will have frequent opportunities of stopping him when on visits to his wife, who is free and who resides opposite Mr. Southgate's garden. Whoever will deliver the said Jack to Mr. Poffe the tailor will receive the above reward on application at the office of the Enquirer. Jan. 8, 1805. cf.
VALUABLE LAND—FOR SALE. By virtue of a Deed of Trust from Wm. Moffe decd. in order to secure and pay the following debts, &c.
THE sum of £. 590 : 3 in specie offered by Nathaniel Moffe to Arch. Byers, junr. for the purposes mentioned in the said assignment, and the sum of £. 133 7 10 due Arch. Byers with interest thereon, from the 15th day of December, 1802, at 6 per cent. per annum till paid; Will certainly be sold, at the late residence of William Moffe on Tuesday the 15th day of January, eighteen hundred and five, for ready money, all that tract of land in Goochland county, lying and being on the waters of the little Byrd-creek, (whereon Mrs. Frances Moffe now lives) containing by late survey 268 acres, and bounded by the lands of capt. Nathaniel Moffe decd. Mr. David Ross, John Matthews and others. This land is of the first rate quality of highland, pleasantly situated, and within 5 or 6 miles (and good road) of the town of Columbia, and from 7 to 8 miles of Lewis's Mill on the Byrd creek. JOHN FORBES, Trustee. January 5.
ADVERTISEMENT. THE subscriber has leased the Tenement lately occupied by Charles Cox on Sherbrook Hill near Mr. Southgate's store, and fronting the Capitol square, for a term of years, which is a commodious house, with several rooms for the accommodation of boarders; he wishes to take ten or twelve, who will be entertained handsomely. Young gentlemen who are acquiring education with Mr. J. Ogilvie, or studying law, will find this a very convenient place, being situated near the most eminent attorneys in the city. ALSO—Near to the academy I am to have room for the 10th inst. This is a beautiful and fresh situation, and the terms will be reasonable, with exertion in my power to give satisfaction. JOHN MOODY. January 8.

THE YAZOO PAPERS---Continued.
Captain ROBERT RAINES, being duly sworn, saith, that a day or two before the adjournment of the last legislature, he was in Augusta, and in company with John King, Esq. a member of the senate in that legislature; that this deponent introduced to the said John King, captain James Lucas; that said King then asked the said Lucas into the house where the said King lodged, to drink some grog with; that when the said King came out of the house, he informed this deponent he had given the said Lucas a share, by which he understood a share in some of the companies who purchased the western territory, and observed at the same time with an oath, that he had more land besides than he and his sons knew what to do with; and that the deponent afterwards asked captain Lucas, whether the said King had given him the said share, and was answered that he had, but that he, the said Lucas, was to pay the purchase money. And this deponent further saith, that during the sitting of the last legislature, and previous to the passing of the act for the sale of the western territory, Philip Clayton, Esq. treasurer of this state, called on this deponent, and informed him, if you could prevail on Mr. Mitchell, a member of the senate in that legislature, and the brother-in-law of this deponent, to go home, he, the deponent might have 500 dollars, pounds, or guineas, this deponent does not remember which, and any appointment from the legislature he would ask, which was in their power to give. The said Clayton observed at the same time, that as the deponent was the brother of Mr. Mitchell, he thought he might have influence enough with him, to prevail on him to go home, as the act would be passed whether he went home or not—to which the deponent made some small reply, and the said Clayton then said he hoped the deponent would not think anything of him, for he was authorized to say what he did. And this deponent further saith, that some time on or about the 1st of August last, he was in Augusta, and saw Richard Warham, a member of the last legislature, there who had a share in the Georgia company, commonly called Gunn's company, and was offering the same for sale to Mr. Maher; that this deponent also saw Reuben Wilkinson, a member of the last legislature, in Augusta, at the same time, who informed this deponent he had shares in the purchase of the western lands, and that he wished to sell them.  (Signed) ROBERT RAINES.
ANDREW BAXTER, being duly sworn, maketh oath, that some time previous to the passing of the first bill for the disposal of the western territory of this state, by the last legislature, the deponent being at Augusta, and conceiving it a step hurtful to the country, thought it duty to give his thoughts to the representation of his county, which was Hancock, and accordingly called on senator Roberts Thomas and reproached the act, which said Thomas vindicated—that the deponent told him that it would be generally thought he was interested, if he voted in favor of the bill, when it was so generally disapproved of by his constituents; to which the said Thomas replied, that he did not know he was interested, but that those who voted in favor of the bill were provided for in the articles of the different companies, upon which the deponent replied he should consider that as indirect bribery.  (Signed) ANDREW BAXTER.
WILLIAM SALLARD, of the county of Hancock, being duly sworn, maketh oath, that on or about the 22d, 23d, or 24th day of January, 1795, he the deponent was at Augusta procuring some articles and disposing of some tobacco, and that during the said term he was at general Glascock's one of the grantees of the western territory, that a conversation took place between the general and himself relative to it, and concerning Roberts Thomas, the senator (in the legislature which disposed of it) for the said county of Hancock; that the general asked the deponent what the people of Hancock thought of Thomas, and if they would kill him—the deponent replied he did not know they would kill him, but that he would stand a good chance of hugging a peeping, or words to that effect; for they had an idea that Thomas was bribed—the general replied that he did not know that he was bribed, but he had a good deal of the land, that he himself had purchased some of the shares, and had paid himself with a Mr. Nightingale, to Thomas, seventeen hundred dollars, to the best of this deponent's recollection; and four hundred dollars to John Thomas, as he believed Roberts Thomas's brother, for the land. That the Gen. further said, the other companies he expected had also paid the said Roberts Thomas as much money for lands or shares as he had paid. That he yesterday in his way down, met with John Thomas, the said Roberts Thomas's brother, who acknowledged to the deponent that he had received money from general Glascock.  (Signed) WILLIAM SALLARD.
Office of Clerk of the House of Representatives. GEORGIA, Louisville, 25th August, 1801. I DO CERTIFY, that the annexed eight sheets, contain a true extract from the journal of the house of representatives of this state, at a session of the general assembly in January, 1796. GEO. R. CLAYTON, for HINES HOLT, CLK. H. R.
(G.) Accompanying the report of the commissioners appointed to settle limits with the state of Georgia. THERE was deposited in the treasury of the state of Georgia, under the act of the 7th of January, 1795, five hundred thousand dollars, as the pretended consideration money for the Western Territory of this state, by the pretended purchasers, who formed themselves into the following companies, to wit: Georgia Company, consisting of James Gunn, Matthew M'Allister, George Walker, and their associates, 250,000 Georgia Mississippi Company, consisting of Nicholas Long, Thomas Glascock, Thomas Comming, 155,000 Ambrose Gordon, and their associates, 60,000 Tennessee Company, consisting of Zachariah Cox, Matthias Maher, and their associates, 35,000 Upper Mississippi Company, consisting of John B. Scott, John C. Nightingale, & Wade Hampton, 500,000
From which several sums of money, the following applicants, under acts of the legislature of this state, have withdrawn the respective amounts opposite their names.
   NAMES OF APPLICANTS. To which Company belonging. Number & date of return Order. AMOUNT.   DOLLARS. DMs. Cts.     John Whitney, Georgia Company, No. 1 Jan. 23, 1798, 141   Thomas Johnson, Tennessee Company, 2 June 1, 1798, 229 6 0   John B. Gerrideau, Ditto Ditto, 3 - - 70   John B. Gerrideau, Georgia Mississippi Com. 4 - - 138 1 1   George Parker, Georgia Company, 1 Feb. 20, 1799, 5,880   John Curry, dito ditto, 2 Feb. 21, 1799, 3,500   Owen Owens, dito ditto, 3 - - 3,500   Richard Wayne, jun. Georgia Mississippi Com. 4 March 16, 1799, 400   Fanny Forsyth, on behalf of her son J. Forsyth, a minor, ditto ditto, 5 March 18, 400   John Fox, Georgia Company, 6 March 25, 2,000   George Ker, dito ditto, 7 - - 1,0>1,000   Emanuel Wanamaker, dito ditto, 8 - - 2,000   Matthew Johnson, James Robertson and James Johnston, ditto ditto, 9 - - 1,000   John M'Levier, Georgia Company, 10 March 25, 1799, 2,000   John Taylor, Georgia Mississippi Co. 11 March 27, 2,400   John Taylor, Ditto ditto, 12 - - 714 2 5   Andrew M'Credie, Georgia Company, 13 - - 6,899 9 9 3/4   Andrew M'Credie, Georgia Mississippi Co. 14 - - 400   Andrew M'Credie, Tennessee Company, 15 28, 118 2 4   Andrew M'Credie, Upper Mississippi Co. 16 - - 1,000   Richard Wayne, Georgia Company, 17 30, 365 5 3   Michael Burke, Georgia Mississippi Co. 18 April 29, 16,838 3 3   William Longstreet, Georgia Company, 19 June 8, 4,184 6 9 3/4   Andrew M'Credie, David M'Credie, & Jas. Gregory, Georgia Company, 20 Aug. 7, 2,625 5 3   The same 3 persons just above, Georgia Mississippi Co. 21 - - 658 6 1   Ditto ditto ditto, Tennessee Company, 22 - - 421 6 7   Ditto ditto ditto, Upper Mississippi Co. 23 - - 116 6 6 3/4   Joseph Downs, Tennessee Company, 24 Sept. 23, 143   Thomas Napier, Tennessee Company, 25 Sept. 28, 1799, 2,000   Zachariah Cox, Ditto ditto, 26 - 30, 116 6 6 3/4   Joseph Miller, Georgia Mississippi Co. 27 Oct. 9, 1,000   Messrs. Kennedy & Parker, Georgia Company, 28 - - 143   James Hamilton, Tennessee Company, 29 Nov. 8, 143   Charles Crawford, Ditto ditto, 30 - 20, 1,823   James Murren & Co. Georgia Mississippi Co. 31 Dec. 13, 273 1 1   Ditto ditto ditto, Upper Mississippi Co. 32 - - 364 7 9   Ditto ditto ditto, Georgia Company, 33 - - 233 3 3 3/4   Messrs. Hamilton & Harper, Ditto ditto, 34 Jan. 15, 1800, 1,200   John Wilson, Georgia Mississippi Co. 35 - - 429   Gufavus Gaines, Tennessee Company, 36 March 6, 116 6 7 3/4   Henry Smurdson, Georgia Mississippi Co. 37 - 8, 2,683 5 3   James Murren & Co. Georgia Company, 38 - 25, 214 3 2   Ditto, Tennessee Company, 39 - - 350   James Murren & Co. Tennessee Company, 40 March 25, 1800 1,403 3 5 3/4   Ditto, Georgia Mississippi Co. 41 - - 3,600   James Warrington, Ditto ditto, 42 April 7, 9,473 3 3   Ditto, Georgia Company, 43 - - 13,267 0 7 3/4   Zachariah Cox, Georgia Company, 44 - 9, 74 6 6 3/4   Thomas de M. Johnston, Tennessee Company, 45 - 15, 165 8 6   David M'Cornick, Georgia Company, 46 - 18, 189 5 3 3/4   David M'Cornick, Upper Mississippi Co. 47 - - 4,350   Geo. Sibbald atty. for James Greenleaf, Tennessee Company, 48 22, 2,894 1 0 3/4   Joseph G. Pofner, Georgia Company, 49 - - 646 3 9 3/4   Ditto, Upper Mississippi Co. 50 - - 321 1 2   Ditto, Georgia Mississippi Co. 51 - - 121 3 3   Ditto, Tennessee Company, 52 - - 5,600   M. Maher, A. Harper, & Q. Hamilton, Georgia Mississippi Co. 53 May 7, 1800, 800   Peter Robinson, by attorney, Ditto, 54 - - 400   John Powell, by attorney, Ditto, 55 - - 828   Joseph Ryan, Tennessee Company, 56 - 9, 405 4 12   Joseph G. Pofner, Ditto, 57 - 27, 116 6 6 3/4   John A. Hoffer, Georgia Mississippi Co. 58 Aug. 12, 1,600   Richd. & Charles Tubman, by attorney, Ditto, 59 Nov. 15, 157,219 9 8 3/4   John Hall, Georgia Company, 60 - 21, 400   David Robinson, by attorney, Georgia Mississippi Co. 61 Dec. 5, 2,728   Thomas Gilbert, Tennessee Company, 62 Jan. 31, 1801, 21,080 6 1 1/2   Zachariah Cox, Ditto, 63 March 2, 1,600   Andrew M'Credie, Georgia Mississippi Co. 64 April 13, 7,520   Levin Wailes, Ditto, 65 May 9, 509 6 5   Oliver Porter, by attorney, Georgia Mississippi Co. 66 July 3, 1801, 140 8 1   Maj. Smith, by attorney, Tennessee Company, 67 - - 400   Wm. Kennedy, Georgia Mississippi Co. 68 Oct. 1, 400   James F. Booker, Ditto, 69 Nov. 12, 604 7 1   Wm. Kennedy, Georgia Company, 70 Feb. 1, 1802, 800   Asa Davis, Georgia Mississippi Co. 71 May 17, 810,695 1 4 3/4  
ASURY OFFICE, GEOAGIA, LOUISVILLE, 10th August 1802. EDWIN MOUNGER, TR. I. MERIWETHER, Compt. Cl.
25 Shares in the Virginia Bank WANTED IMMEDIATELY: for which a liberal price will be given. THOMAS NORVELL. Jan. 3. tf BILLS ON NEW-YORK. At Ten to Sixty Days sight—FOR SALE BY M. W. HANCOCK & CO. Dec. 22. tf
Irish Linen and Madeira Wine. JOHN HENRY has imported in the ship LATONA, captain Thurston, from Liverpool, a few small boxes of well assorted 4-4th IRISH LINEN, purchased in Dublin in July; which, with fine old London particular MADEIRA WINE, in pipes and half pipes, he offers for sale on moderate terms. Nov. 7. epft.
CASH WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [epft.]
NOTICE IS HEREBY GIVEN TO THE DEBTORS OF ROSS & FORD, THAT in compliance with my duty as assignee I shall commence suits indiscriminately against all those who do not come forward and give assurances when payment may be expected. NEIL M'COULL. December 22. (tf)
IRISH LINENS & 5-4 IRISH SHEETINGS. THE SUBSCRIBERS have just received from Belfast a handsome assortment of 7-8th & 4-4th IRISH LINENS, and 5-4th IRISH SHEETINGS, which they will sell on moderate terms. ELLIS & ALLEN. December 20. [ep 4w.]
W. COWAN, WATCH AND CLOCK MAKER, one door below the Eagle Tavern—repairs Watches and Clocks of every description, at the shortest notice. W. C. returns his grateful acknowledgements to his friends and customers, and hopes to merit a continuance of past favours. N. B. He has on hand a few good Watches, with a variety of Chains, Seals, Keys, &c. Which he will dispose of low for cash. December 4. (tf)
FARMINGDALE NURSERY. THE SUBSCRIBER has FOR SALE, for the present season, at his Nursery, adjoining the Borough of Norfolk, 10,000 WORKED FRUIT TREES; Consisting of Apples, Peaches, Pears, Cherries, Apricots, Plums, Nectarines, &c. &c. selected from all parts of this state, from the Nurseries to the Northward, and from England. He flatters himself that those who want to purchase will be satisfied with the goodness of the fruit trees being near one hundred sorts. He has also for sale a quantity of Lombardy and Balsam Poplars, Pride of China, &c. with a large assortment of Tulip Roots, imported three years ago from London, and are beautifully variegated of all colours. BAYLOR HILL. December 15. (epft Wm. T.)
WHITE CHIMNEYS. THE subscriber wishes to rent the Tavern and Store House at this place, either altogether or separately; the eligibility of the stand for a Tavern and Store is well known by many; the salubrity of the air and the quality of the water, are unexceptionable. Possession may be given on the 1st of January next. For terms apply to FRANCIS GALVAN. White Chimneys, Dec. 15, 1804. (epft.)
ENOCH SULLIVAN, JEWELLER & HAIR-WORKER, (First door below the Eagle Tavern.) BEGS leave to inform the public that he has for Sale, A FASHIONABLE ASSORTMENT OF JEWELRY & SILVER WARE; Also, A HANDSOME SUPPLY OF LADIES ELEGANT COMBS, POCKET BOOKS, &c. Dec. 8. epft.
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON. near the Market. Dec. 4. [epft.]
NOTICE. ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg, ROBERT POLLOK & CO. of Richmond, and DUNLOP, POLLOK & CO. of Manchester, are hereby notified, that James Dunlop, late a partner in the above concern, has become purchaser of the outstanding debts; they will therefore be pleased to make payment to Mr. John Tompkins residing in Richmond, or the subscriber residing in Petersburg, who alone are authorised to make collections and grant discharges.—Suits will be indiscriminately commenced against all who do not make payment before the first of February next. JOHN DUNLOP, Attorney For JAMES DUNLOP. Petersburg, Nov. 15, 1804. epft
J. TOMPKINS RESPECTFULLY informs those concerned, that he has removed the books and papers of the late concern of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new Brick House near the Basin, and directly opposite to the Scale-House. Where he has for sale, a few pipes of OLD COGNAC BRANDY, of superior quality. December 11.
NOTICE. WE the undersigned, partners in the late concerns of BUCHANAN, DUNLOP, & Co. at Petersburg, of ROBERT POLLOK, & Co. at Richmond, and of DUNLOP, POLLOK, & Co. at Manchester, have sold to Mr. James Dunlop, our late partner in said concerns, the debts now due to, and outstanding at these different establishments.—Those indebted will therefore please to take notice, that hereafter payments are to be made only to the said Mr. James Dunlop, his attorney or attorneys, and to whom those having claims against these concerns will apply for payment. DAVID BUCHANAN. By ROBERT POLLOK, his Attorney. ROBERT POLLOK. Virginia, Petersburg, Dec. 6, 1804. (epftm)
FOR SALE—at Rocketts. THE LOT, and two-story BRICK HOUSE, containing three tenements, which the subscriber purchased at the sale of George Nicholson, deceased. The lot is well situated for a warehouse, and the brick building for a bake-house, lumber-house, or Tobacco Factory. JOHN ELLIS. November 14. tf
T. SULLY, Portrait and Miniature Painter. SPECIMENS of his work may be seen at his rooms above Dunfarne & Turner's Grocery, Main-Street, Richmond. December 4. (epft.) TRACT OF LAND. Will be publicly exposed to sale, at the Eagle Tavern in the city of Richmond, on the 15th day of January next, A SMALL TRACT OF VALUABLE LAND, whereupon the subscriber now lives, containing about 250 acres, lying on the Wetham road, and about four miles from the said city. A farther description of the land is deemed unnecessary, as it is presumed that every person desirous of purchasing, will obtain farther information as to the land, by a view of, or enquiry as to the same. 500 dollars of the purchase money will be expected in cash, and a credit of seven years given for the balance, upon receiving bond with security for the payment thereof, and legal interest thereon annually. Mr. Archer Payne of Goochland, who is the trustee of the subscriber, will join her in executing a deed to the purchaser. ELIZABETH DANDRIDGE. December 29. (tf)
FOR SALE, FIVE Hhds. and 10 qr. casks of LONDON PARTICULAR TENERIFFE WINE of a superior quality, on a credit of 150 days—Negotiable notes. Enquire of THOMAS NORVELL. December 29. (tf)
ADVERTISEMENT. AGREABLE to a decree of the county of King and Queen—Will be held at Mr. John Miller's Tavern on the 12th day of January next, one TRACT OF LAND belonging to the estate of Thomas G. Rowe dec'd. lying in the county aforesaid, containing about 550 acres. The land lies nine miles from Tappahannock and seven from Dunkirk, this land lies the lands of Col. John Hopkins, and the Rev. Robert B. Sample. ALSO—Will be held on the 14th day of said month at King and Queen Court-House, it being court day. Seven very LIKELY NEGROES belonging to the said estate. Twelve months credit will be allowed the purchasers for the Land and Negroes, on giving bond with approved security to the COMMISSIONERS. December 22. (3w.)
BROKER'S OFFICE. THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with great fidelity. THOMAS NORVELL. October 3. tf
JOHN SPINDLER, RESPECTFULLY informs the Ladies and Gentlemen of Richmond, that he intends to teach DRAWING, PAINTING in Oil Colours and Crayons, and would instruct 6 or 8 pupils in those branches, either by waiting on them, or at his house, opposite Thomas Wilson's Esq. back street. N. B. Sign, House, and Military Colours painted by J. S. Orders from the country punctually attended to. [et2m.]
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND, MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported BOOTS and SHOES, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as they were on the spot. A—the length of the Boot—C—round the Calf—B—the pitch of ditto—D—round the heel and instep—E—round the instep—G—across the ball of the foot. Fix the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. June 30. epftm.
HUGH J. CRAWFORD, HAS Just Received, per the ship Alexander, from London: A general Assortment of Genuine DRUGS & MEDICINES, which he will dispose of on moderate terms. Richmond, Dec. 25. (law2m.)
WASHINGTON TAVERN. THE subscriber has taken a lease of this tenement for a number of years, and has put it in a state of repair which renders it not inferior to any in this City. Besides the Tavern he has detached buildings, well calculated to accommodate those who are anxious of greater privacy than a tavern usually affords. These tenements adjoin the public square, and are within two hundred yards of the Capitol. They have decided advantages over any other houses in this City, with respect to pure air and excellent water. He has good stables and a constant supply of the best forage. He tenders his services to his friends and the public, and affirms them, that no unlawful gaming, nor any other practice which might, in any degree, have a tendency to destroy the peace of his house, will ever be permitted. EDWARD HALLAM. Richmond, September 26.
THIS DAY IS PUBLISHED, AND FOR SALE AT RITCHIE & WORSLEY'S BOOK-STORE: The Rainbow, SERIES FIRST; Originally Published in the RICHMOND ENQUIRER
AN association was formed among the last summer, by a few gentlemen, of whom some are now, and others have been, inhabitants of this city, for the purpose of composing a series of Miscellaneous Essays for the Richmond Enquirer. These Essays were regularly published every Saturday, during the months of August, September, and October. The first number appeared on the 11th of August, and the last on the 20th of October. These numbers, taken together in the order in which they were published, will constitute the first series of the Rainbow; and it is this first series which is now presented by the proprietors of the Enquirer to the amateurs of Literature, and to its patrons in Virginia. The second series will probably be communicated to the public in the present form, as soon as it shall be completed by the members of the association. Richmond, Dec. 11th, 1804.
STRAYED OR STOLEN, ON the night of the 2d inst. from the back street, near Mayo's Bridge, a CHESTNUT SORREL HORSE, about fifteen hands and a half high, short tail and foxed, has on the right of his withers, a large scar, the effect of a bruise from a faddle, has on before a pair of shoes much worn, trots, paces and canters well, goes handsomely in harness. Whoever will deliver said horse to me at Doctor Duval's, Richmond, shall be handsomely rewarded. NICHOLAS CHILDERS. January (epft.)
TO PRINTERS. HENRY OURAM—PRESS-MAKER. South-east corner of Prune and Sixth-streets: RESPECTFULLY informs the trade that he undertakes to supply Printing-Offices with every thing in his line, having a complete Printer's Form, constantly employed in making the wood part of Presses, Furniture, Rules, &c. &c. Chases of all sizes, Composing Sticks, Brays & Wood Galleys, &c. &c. constantly on hand, or made to order with dispatch and neatness. Orders from any part of the Continent attended to. Philad. Jan. 5. epftm.
CHOICE LANDS—FOR SALE. A DIVISION of the famous Saura Town Lands having taken place between the heirs of James Park Farley, Esq. dec'd. and Col. John S. Farley and his sister Mrs. Elizabeth Morison, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Roxin, near Petersburg, are fully empowered by the said Col. Farley and Mrs. Morison, to dispose of their proportion, containing 12,832 acres, which are surveyed and laid off in eight lots, containing from 500 to 2500 acres, agreeable to plots in the possession of the said Duncan. The four largest lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who shipped it for a number of years. Those lands lie on Dan and Smith's Rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Petersburg and Richmond. As there are seldom such lands for sale, they must be an object to those who wish to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security bearing interest from the date if not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leekville, near Rockingham Court-House, and the terms made known by ROBERT TAYLOR, or CHARLES DUNCAN. Petersburg, Nov. 24. epft
BOARD, WASHING & MENDING, FOR £36 PER ANNUM. THE subscriber has removed to the city of Richmond, for the purpose of receiving boarders. He has rented a large and commodious Brick-House, about two hundred yards from J. Ogilvie's Academy. He is particularly desirous of receiving as boarders, young gentlemen from the country, who propose to become students in this school during the present year. He will Board, Wash and Mend for thirty-six pounds per annum. He will be prepared to receive from fifteen to twenty boarders. He can accommodate ten or twelve with chambers and bedding, on terms which will be made known to applicants. J. RAWLINS, junr. Richmond, January 1.
VIRGINIA: At a Superior Court of Chancery, held at the Capitol in the city of Richmond, October 6th, 1804— Between