The enquirer (Richmond, Va.), 1805-01-03 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 73.]
THURSDAY 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 Queen's plan of the Academy or Theatre, lots No. 1, 4, 5, 6, 7, 9, the foundation 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. December 23. (tds.)
Sales at Auction.
By Virtue of a Deed of Trust, executed to the subscribers by Mr. Bartlett Still, 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 fifteen Cents, with interest at the rate of six per cent. per annum, from the 21st day of May last,  PROSSER & MONCURE, Trustees & V.M's. December 25. (tds.)
Auction Sales.
THOMAS TAYLOR & Co.  WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays in each week; and at their office, on Tuesdays and Fridays as usual.  Dec. 1, 1804. epf
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 4-4s 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. epf
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 further description of the land is deemed unnecessary, as it is presumed that every person desirous of purchasing, will obtain further 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 Goodland, who is the trustee of the subscriber, will join her in executing a deed to the purchaser.  ELIZABETH DANDRIDGE. December 29. (tl)
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 offers himself that those who want to purchase will be furnished with the goodness of the fruit trees being over one hundred sorts. He has also for sale a quantity of Lombardy and Italian Poplars, Pines 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. (epf Wm. T.)
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 these branches, either by visiting on them, or at his house, opposite Thomas Wilson's Bly. back street.  N. B. Sign, House, and Military Colours painted by J. S. Orders from the country punctually attended to. [et2m.]
FOR SALE.
FIVE Hhds. and 10 qr. casks of LONDON PARTICULAR TENBRIERE WINE of a superior quality, on a credit of 120 days—Negotiable notes, December 29. THOMAS NORVELL. (tf)
TO THE PUBLIC.
DURING the present year, J. Ogilvie will continue to instruct youth in the city of Richmond, in addition to the various branches of literature and science heretofore taught in his school, his pupils will have an opportunity of studying the higher branches of Mathematical science, a more extensive course of natural Philosophy, the dead languages, and the French and Spanish languages. In teaching the higher branches of Mathematical science and the dead languages, J. Ogilvie will be assisted by Mr. Wood of this city, whose superior proficiency and skill in Mathematical & Physical science eminently entitle him to public patronage. The French and Spanish languages will be taught by Mr. Bonadelli, with whose ability and qualifications in the line of his profession, the citizens of Richmond are sufficiently acquainted. These arrangements, whilst they will considerably diminish J. Ogilvie's emoluments, will greatly enlarge the utility of the school. The principal disadvantages of schools conducted by a single teacher, are, the principal and uninterrupted pressure of exertion, the diffipation of thought amongst such a variety of studies as almost to preclude the possibility of pre-eminent skill or proficiency in any one department of knowledge, and the consequent imperfection and incompleteness of the course. These disadvantages will be radically obviated by the preceding arrangements. Thus modified and extended, the plan of education which will be pursued in this school, will embrace probably, as comprehensive and complete a course of literature & science as can be reasonably expected in a temporary, totally destitute of every form of extrinsic support. The school will be opened on the second Monday in January.  P. S. Mr. Wood will teach the arts of drawing and painting, to such young gentlemen as may be desirous to acquire some knowledge and skill in these highly elegant and useful accomplishments.  January 1.
Debate, IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
Wednesday, Nov. 19.
Debate on the bill for authorizing the erection of a Dam or Causeway from Mason's Island to the Western Shore of the Potomac.
[The reporter conceiving the bill under consideration to be peculiarly local to the district of Columbia as not to involve a single point of general interest in relation to the union, had left the chamber of the House of Representatives for a few minutes—when he returned he found the subject growing into importance, and as the debate advanced the interest of the adjoining States mingled with some constitutional questions and controuversies, induced him to listen with attention; he however took but very brief notes. The omission is not on his part so much a matter of regret, as it would have been, had there not since arisen a very elaborate debate, reiterating not only all the ideas and arguments of this day, but much additional matter, of which he has taken copious notes for the next publication.]
Mr. Mason, (Speaker) moved to strike out the first section of the bill, with a view of trying its merits.
Mr. J. Randolph, seconded the motion of his respectable friend the (Speaker.) The river Potomac was the joint property of the states of Mar. & Virg. under compact between those S. This property, at least on the part of Virginia, had never been relinquished. Congress, in his conception, had no right to pass the law in question. But if they had—there was another objection. The corporation of George town were empowered to lay a tax which would be unequal and oppressive to the property of which it was to be levied would not be equally benefited by deepening the harbour, supposing that effect to be accomplished. He hoped a prompt rejection of the bill would serve as a general notice to the inhabitants of the district to desist from their daily and frivolous applications to Congress to the great obstruction of the public business.
Mr. Smith, understood there was a rival interest between the towns of Alexandria and George town; and as this rivalry had been exhibited on many former occasions, he deemed it proper before they passed any bill, for the encouragement of either place, that the parties should be obliged to publish their intentions some weeks before the application, that if there were any objections to the measure contemplated, they might be before the house at the same time. He stated this merely as a ground of postponement, not saying whether he was in favor or against the measure.
Mr. Gregg thought the House bound to legislate for these people until they relinquished the claim to the jurisdiction either by authorizing them to legislate for themselves, or receiving them to the states to which they originally belonged. He approved of the idea of publishing as expressed by his colleague (Mr. S.) which he considered absolutely necessary. If Alexandria were opposed to the bill, it is probable they would have sent in a memorial on the subject before this time; their not having done so inclined him to believe that they were satisfied that the measure should go into operation. He did not think the bill perfect, but nevertheless he would not oppose its progress.
Mr. Lewis said the land holders of George town had very generally signed the petition to Congress. And no person out of the walls of this House gave it opposition—The people of Alexandria were content, and the owner of the Island and the well shore of the river was the person most likely to be affected, yet he had given it his hearty assent. He was well persuaded that no injury would be done to the navigation of the Eastern branch, or to the port of Alexandria; if therefore they could render a benefit to George town, without injuring any other property, he trusted the house would agree to the bill.
Mr. Sloan felt interested in the result of this measure. The people here have no body to look to but Congress to make legislative provision for their well being; he therefore considered it a duty to attend to their desires; but he wished the applicants to give notice of their intentions, in order that any person conceiving himself likely to be aggrieved should have an opportunity of being heard. This was the usual course pursued in the state where he resided.
Mr. Claiborne was by no means satisfied that the removal of the mud bank would do no injury to the Eastern branch and to Alexandria.
Mr. Nelson said that on a question so important to the upper parts of Maryland and Virginia, he could not refrain from stating some reasons in favor of the measure, and against the motion of the Speaker, which was intended to destroy the bill. It had been urged that the sedition which now obstructed the navigation to George town, if set afloat, by encroaching the current and the volume of water across it, would impede the navigation of the Eastern branch or fill up the harbour of Alexandria. Those who would take a view of the Eastern branch would be convinced it could make no deposit there, it being intercepted or turned aside by the point which projected in the Potomac; and as the water of the Eastern branch was more rapid than the Potomac, the breadth of the latter being much wider than the former, there certainly was no danger to be apprehended in that quarter. As to Alexandria, it was not to be supposed that the solid mass of sediment was to be taken off the bar at once, and lodged in that harbour; the probability was it would remove gradually and deposit at the eddy on each side of the river, while the union of the Eastern branch, with the Potomac would ensure the celerity of the current and carry it far below Alexandria.
The compact mentioned by the gentleman from Virginia (Mr. Randolph) between the states of Maryland and Virginia he acknowledged to exist; but as the measure contemplated the improvement of the navigation of Potomac, instead of obstructing it; the right of each state to the free navigation thereof remained unimpaired. He imagined that the inhabitants of Alexandria and the citizens of Virginia wished success to the measure. He knew his constituents had it much at heart, knowing that a choice of markets is a great accommodation to farmers; and if defeated it would be as much to their disadvantage to bring their produce to a flipping port at once by land, as to use the canal recently constructed at such prodigious expense, having afterwards to go with their produce to Alexandria by land.
Mr. Smith should not be against the bill if upon full and fair enquiry it was found proper to pass it. But he could not agree to be hurried along without allowing time to acquire information.
He therefore moved that the committee rise and report progress.
Mr. Mason (Speaker) opposed the rising of the committee, because it was leaving the business exactly where it stood, unless it was moved to recommitt it to a select committee for modification. But as he was determined to vote against it in any and every shape, he was prepared to decide now. As to the mode he had taken to come at his object, he should only say it was a fair one, and such as had been the uniform practice of the house since he had a seat in it.
The gentlemen in favor of this dam or causeway, say it will do no harm; but where is the demonstration? On the other side, serious apprehensions are entertained of its injurious effects upon the United States navy yards in the eastern branch, and its causing obstructions in the harbor of Alexandria. He would assure the committee he was ready to promote the welfare of any of the citizens; but it must in justice be done without injuring any other person whatever.
At the last session an application was made for a permanent bridge across the Potomac, with a draw for the passage of vessels; the petitioners urged the general utility of the measure to all persons travelling north or south, but particularly the vast benefit accruing to the inhabitants of the district, by affording a solid and secure means of intercourse between its several parts. This measure was opposed by the present petitioners on the ground of the compact between Maryland and Virginia securing the right of free navigation to the river, and also alleging that their navigation to George town would be impeded. The argument which they applied then, now applies against them, and it ought in the minds of the same legislators to apply with equal force.
Mr. Findley was rather in favor of the bill, believing the mode proposed would be successful in deepening the channel, which would certainly improve the navigation to and from Georgetown, and in that object the citizens of some of the western counties of Pennsylvania were materially interested: several of their boatable creeks nearly interlocking with those of the Potomac. He would however agree to the committee rising, with a view to postpone the bill, till gentlemen acquired the information they asked for.
Mr. Goddard hoped the committee would rise, and the subject be postponed till sufficient light was obtained to guide their votes to a proper decision. He also hoped that no member might be considered as the friend or foe of the present bill, till he became such by an examination into its merits or demerits. He narrated the course the business had taken since its introduction into this house, and inferred that the same deliberate mode ought to be pursued to the end. Whether the measure was good or evil could only be determined in that way, and gentlemen ought not to reject doing a positive good, unless it was demonstrated that positive evil would result to counterbalance the good that was intended. He conceived the members ought to enquire for themselves on this point, and legislate accordingly. He would on all occasions endeavor to promote the interests of the district; and as it had no immediate representative on the floor he considered every representative bound to serve them, while the seat of government remained among them.
Mr. G. W. Campbell would not declare whether he should vote for the final passage of the bill or not. But he was disposed to take notice of the applications made from time to time by the inhabitants of the district; whether to redress grievances, or procure benefits. But he by no means approved of the principle of legislation without representation. He regretted that they were placed in this unfortunate situation; but he should decide on the present question according to its merits; and if it was found to be of great consequence to the petitioners, and not likely to work an injury to others, he presumed a bill would finally pass. But he wished the committee to rise, in order to give further time to obtain information. It had been alleged that the friends of the measure ought to demonstrate that the erection of a causeway would do no injury to any one. This was not a fair position; it was requiring them to prove a negative. The burthen of proof should lie on those who oppose the bill, and it was for them to demonstrate that injury would result. The gentleman from Virginia (Mr. J. Randolph) has stated that the boats from the western country have a choice of passing by the western or eastern channel to the market below George Town, and this, it is presumed, he means they should
be full entitled to under the compact between Maryland and Virginia. Let us hear from these persons also, and then ascertain whether they have any objection to the project on that account. This was also an argument in favour of the rising of the committee, and perhaps it may be added, that a little delay will enable the House to modify the bill as to render it less exceptionable than at present.
Mr. Southard had not considered this subject of much consequence in the outset, but he found that its importance increased as it rolled along. He thought this morning it would have occupied but a short portion of their time; in that he found himself deceived; and he believed he was not singular in these opinions. He suspected many other members were in the same predicament. He therefore would vote for the committee's rising. That navigable waters are considered as high ways, is a matter of great notoriety; but he did not know it to be a channel by contracting its surface, was considered as obstructing the free navigation of a river, nor could he conceive that the body of sediment meant to be removed, would defend en masse and deposit itself at the confluence of the next stream it met. On the contrary, he imagined it would be separated by the force of the current giving it action into millions of particles, some of which would little promiscuously on either side, while a part would ultimately be deposited in the ocean.
The committee hereupon rose and reported progress, and asked leave to sit again. On the question, shall the committee have leave to sit again?
Mr. J. Randolph requested that the act of cession by Virginia might be read—by which it would clearly appear that she had not ceded, or intended to cede to the United States any right acquired under her compact with Maryland. [The act was read.]
It is plain from the preamble, said Mr. R. that the intention of the state was to make a cession above tide water—that the expected the feat of government would be fixed in some place contiguous to the limits of Maryland and Pennsylvania. It is not contended that the U. States were bound to select any particular spot. This circumstance is mentioned only to shew what was contemplated at the time by the legislature of Virginia. Her act of cession was more broad. It extended to any tract of country not exceeding ten miles square "to be located within the limits of the state." Over this she had relinquished to Congress her jurisdiction as well of soil as of persons. But her limits did not extend beyond high water mark on the western bank of Potomac. Her right of high way on the river, was a natural right acknowledged and secured by convention with Maryland. Her civil jurisdiction over its water was a conventional right, entirely derived from compact with that state—was a jurisdiction not within her limits, and which the words of the act just read could not embrace or convey.
Mr. Dandridge would not vote against the committee having leave to sit again—He was convinced that the objection made by his colleague (Mr. J. Randolph) was conclusive; the fact was, that neither Maryland nor Virginia had ceded their joint rights to this river, no.
Mr. Randolph requested that the act of cession by Virginia might be read—by which it would clearly appear that she had not ceded, or intended to cede to the United States any right acquired under her compact with Maryland. [The act was read.]
It is plain from the preamble, said Mr. R. that the intention of the state was to make a cession above tide water—that the expected the feat of government would be fixed in some place contiguous to the limits of Maryland and Pennsylvania. It is not contended that the U. States were bound to select any particular spot. This circumstance is mentioned only to shew what was contemplated at the time by the legislature of Virginia. Her act of cession was more broad. It extended to any tract of country not exceeding ten miles square "to be located within the limits of the state." Over this she had relinquished to Congress her jurisdiction as well of soil as of persons. But her limits did not extend beyond high water mark on the western bank of Potomac. Her right of high way on the river, was a natural right acknowledged and secured by convention with Maryland. Her civil jurisdiction over its water was a conventional right, entirely derived from compact with that state—was a jurisdiction not within her limits, and which the words of the act just read could not embrace or convey.
Mr. Dandridge would not vote against the committee having leave to sit again—He was convinced that the objection made by his colleague (Mr. J. Randolph) was conclusive; the fact was, that neither Maryland nor Virginia had ceded their joint rights to this river, no.
Mr. Randolph requested that the act of cession by Virginia might be read—by which it would clearly appear that she had not ceded, or intended to cede to the United States any right acquired under her compact with Maryland. [The act was read.]
Mr. R. Griswold said that from the vote just taken, he presumed that the question of expediency had been settled. But it is now objected that Congress have no exclusive jurisdiction over the Potomac. In reply he would submit a few observations. By the constitution, Congress were empowered to exercise exclusive jurisdiction over any place not exceeding ten miles square, which might be ceded by particular states. The states of Maryland and Virginia had ceded this district to Congress, and the cession had been accepted. But the gentleman from Virginia (Mr. Randolph) had said that Virginia did not cede the jurisdiction of the Potomac, because she did not own it separately. To this he would answer that the river Potomac must have been under the jurisdiction of either Maryland or Virginia, or both. And as both allowed Congress to accept of any part of their territory not exceeding ten miles square; and Congress chose to accept of part from one and part from the other, he presumed the jurisdiction of the Potomac, let it have been held by either of the states, or jointly, must have passed to the United States. He was of opinion, that if Congress had no jurisdiction over the Potomac, they had none over the district. The constitution provides only for the cession of one district of country not exceeding ten miles square. The act of Congress made in pursuance of the constitution had also provided for the laying out one district. If the arguments of the gentleman from Virginia were correct, and Congress had no jurisdiction over the Potomac, the commissioners and the then President of the United States under whose direction the district was laid off, had been mistaken, and had taken two districts of territory instead of one. This being the case, Congress had no jurisdiction in the district, because it not being laid off conformable to the constitution and the law of Congress, the acceptance by Congress was absolutely void. If this was correct, there was an absolute necessity for giving leave to the committee to sit again, for the purpose of deliberating whether Congress had jurisdiction or not. If they had not, and were legislating for the people of the district without authority, the sooner they put an end to such an assumption of power the better.
Mr. J. Randolph declared that the opinion which he had just given, was the result of his most deliberate judgement. To what it might lead he should not at that time undertake to determine; but when that question should come before the house he was not sure that he should deny the corollary of the gentleman from Connecticut (Mr. R. Griswold) at least as far as related to the territory on the other side of the river. The question, however, then was whether Congress possessed exclusive jurisdiction over the Potomac. How could they acquire it? From Maryland? It was more than they had to give. At furthest they could only grant her own qualified right. Had they obtained it
from Virginia? not at all. She had granted a jurisdiction exclusively her own—over a tract of country within her limits. And could any man pretend to say that this was a grant of her concurrent jurisdiction over the Potomac, confessedly without her limits? She had, to use the expression, issued her warrant to Congress, to be located somewhere within the state, and, under this pretext, her property out of the state was about to be usurped. Suppose the gentleman from Connecticut were to convey by deed his exclusive property, by certain metes and bounds, would his joint interest in other property contained within those bounds pass by such a deed? Surely not. To a person setting up a claim to such property he would probably say, produce the evidence of your title, and in like manner Mr. R. demanded to be shewn the conveyance by which Virginia had relinquished her concurrent jurisdiction over the Potomac? And in answer to this, gentlemen refer to a conveyance relinquishing something else in no wise connected with it, and tell us we are always believed that we had a grant for this jurisdiction—we shall be grievously disappointed if we have not—it will be a great inconvenience to us to do without it and therefore we must have it. And Virginia is to be forcibly dispossessed of her right, to suit the convenience of Congress.
He had another objection to the bill. This might be but the commencement of a scheme which should compel all boats coming down the Potomac to unload their cargoes here—This would be effected by obstructions in the river above, and a canal terminating in a basin in this city. Thus diverting to the exclusive benefit of Washington, all the labour and expense which had been jointly incurred by Maryland and Virginia, for opening the navigation of the Potomac. When the constitution of the United States was under consideration, that section, which gave Congress exclusive legislation over a district not exceeding ten miles square, to be afterwards ceded to them, was viewed with a jealous eye. It was regarded by some of the best and greatest men who ever had lived, or who he believed ever would live, as the germ of incalculable mischief—as the antithesis from which the masked monarchy of the constitution was to spring upon the people. At one time this prediction seemed to be verifying itself. Accordingly, we had been a city laid out on a gigantic scale. Edifices the most stupendous were planned. We seemed determined not only to vie with Paris or London, but to rival Thebes or Babylon of old. Happily these splendid visions had ended in a monstrous abortion. He wished to see the people of the district restored to their rights; so long as they remained in their present condition, he should be averse to promote the growth of a city which he considered to be as much the nursery of despotism as the Newcastle trade of England was of seamen.
Mr. Jackson did not stop to enquire whether it was proper for Congress to retain the jurisdiction over this district, but he was willing to remove a grievance, which the people complained of and required to be done. He was not one of those who was disposed to guard the people against their worst enemies, themselves, as he did not believe the doctrine to be true. The objection that Virginia and Maryland had only ceded their exclusive property, and not the joint property of the free navigation of the Potomac, might perhaps be extended further than gentlemen wished, or were aware of. By the treaty of Paris, France had ceded Louisiana in full sovereignty to the United States, but expressly reserved the right of free navigation of the Mississippi; if then the United States were disposed to shorten the navigation by cutting through a bend of that river, or in any other way improve the same, will it be necessary for the United States to consult and obtain the assent of France to the measure before they ventured to proceed in its execution?
Mr. Nicholson had but few observations to make upon the question before the House. His opinion was the same as at the last session, when a petition was presented for the erection of a bridge. He then thought that the erection of a bridge over the Potomac would tend much to the improvement of the place. He thought it still. But he then thought that Congress had no right to interfere in the least with the free navigation of the Potomac, and of course was opposed to the bridge. The same reason operated in his mind against the bill now in question. Neither of the states of Maryland or Virginia could have passed such a law previous to the cession of the district to Congress. The question to be determined then, was "whether the jurisdiction of the Potomac was ceded to Congress." If this should be answered in the negative by the committee, all questions as to the expediency of the measure would be at an end. Previous to the compact between Virginia and Maryland, the latter claimed the river Potomac as its exclusive property. By that compact it was declared, that the navigation of the said river should be free. Virginia, therefore, acquired a kind of property in the river inasmuch as she acquired the right to the free navigation thereof. The question then to be enquired into was, had Virginia parted with this right? He conceived she had not. By the act authorizing the cession of ten miles square or less to the United States, she could not have been done—Virginia had no power to make the cession of the Potomac, because she had not the jurisdiction over it; and could not grant more than she possessed. After this grant by Virginia, the state of Maryland granted to Congress a portion of territory not exceeding ten miles square, for the seat of government. Had Maryland the sole property in the river, it could have parted in this grant, provided Congress accepted that part of her territory. But she had not this sole property, because the state of Virginia had a right by compact to the free navigation thereof. How then had the United States acquired the jurisdiction over the Potomac. Would it be contended that they had acquired it from Maryland? This did not appear from the act of cession. Had they acquired it from Virginia? That could not be, because Virginia had no power to make such a grant. So long as she had the honor of a seat in the House, she would hold up her hands against any measure like the present, which would go to affect the rights of any of the states. If Congress had a right to interfere in the least with the free navigation of the Potomac, they had a right to stop it altogether. He conceded they had no right to pass any law on the subject, and believing so, he would certainly vote against the committee having leave to sit again.
Mr. Greenough was of opinion that due notice ought to have been given by the applicants, of their intention to petition Congress

on the subject that private property might not be injured without the knowledge of the owners; but he believed the cause might be of use, but he was not a competent judge; but others very probably would be benefited, beside the inhabitants of George Town, and he thought it reasonable that such should likewise contribute to the expense. Till these circumstances should be ascertained, he would vote against the committee having leave to sit again.
Mr. Nelson said it was with diffidence he again troubled the house after the lengthy discussions which have taken place. But doubts having been originated as to the authority of Congress to pass the bill in question, he felt compelled to remove those doubts as far as lay in his power. As the House had decided the expediency of the measure by a large majority, if upon an investigation it should be demonstrated that Congress possessed ample power to pass the bill, he trusted the same majority, would still be found in favor of it. He would proceed to examine the power which Congress possessed to pass the bill, and he trusted that he should be able to satisfy a majority of the House, that they had sufficient power. Previous to the compact between Virginia and Maryland which had been so much talked of, Maryland claimed the sole jurisdiction of the Potomac river, and Virginia claimed Cape Henry and Cape Charles, also the jurisdiction of the Potomac as her property. In order to prevent any duties from being imposed upon their vessels at either of those places, the two states entered into a compact by which Maryland agreed that the navigation of the Potomac should be free to the people of Virginia, contracted not to impose duties on the vessels of Maryland coming by Cape Henry or navigating the Potomac. By this compact the Potomac became the joint property of Maryland and Virginia as to the free navigation, but all the islands were under the jurisdiction of Maryland. This being the situation each of these states by a law ceded to Congress any part of their territory not exceeding ten miles square which they might choose to accept. Congress chose to accept of part from one and part from the other, and among the rest, this joint property, the river Potomac. There was no exception made in the act of cession as to the water courses, and it would be needless to inform the members, that a grant of land necessarily carried with it a grant of the waters thereon unless an exception was made.
But it had been said, that this being joint property, neither of the states had the power to grant it to Congress, and they had not done it jointly. To this he would answer that each state had granted to Congress, all their right at different times, and Congress having accepted of it, the whole had vested in them. If two persons, to wit, A and B are possessed of joint property, and A grants the whole to C, the moiety passed thereby. After this if B grants the whole to C also, his part passes by the grant and C becomes proprietor of the whole. This was exactly similar to the present case. But he would ask gentlemen if the jurisdiction of the Potomac was not in Congress, in the body of what county was it? If not in Alexandria or Washington counties it could be in no county. Suppose then a crime should be committed on the river, in the body of what county should the indictment state the crime to have been committed? It could not be in the county of Fairfax or Montgomery, because the parts of those counties adjacent to the river had been ceded to Congress. Then if the Doctrine contended for by gentlemen was correct, no offence could be committed on the Potomac as far as the limits of the district extend, and it would become a sanctuary for crimes. He trusted this was not the case, but that the river was by the cessions granted to Congress, and was in Washington and Alexandria counties. He considered the argument of his colleague, (Mr. Nicholson) that Virginia had no property in the river which she could cede of no avail—because if that was the case, Maryland owned the whole and Maryland had ceded it to Congress. He hoped the committee would be granted leave to sit again.
Mr. J. Randolph. The gentleman asks in the body of what county is the river Potomac passing through the district of Columbia. Will he take it for an answer that its jurisdiction is within the bodies of the same counties it was in before the acceptance of the territory on each side.
In addition to the observations made on passing joint property with exclusive property, suppose England & France to hold Malta joint possession, & that they cede to Germany for her acquiescence in that measure, some of the exclusive property held by each within the German empire; will they say that their joint property in Malta passed by the treaty?
Mr. Clarke was unwilling to trouble the House at that late hour with any remarks, and would have entirely forborne, was not the question on which we were about to decide, and which had become extremely important, susceptible of a position which it had not assumed. It had been stated and generally agreed to, and he supposed was correct, that the state of Maryland previous to her compact with Virginia rightfully claimed the whole river Potomac to the high water mark on the western bank. Virginia owned the capes. This collision of interest produced in the year 1786 an adjustment of their interfering interests, and it was expressly stipulated that the river Potomac should remain a highway, free for the navigation of each state. In the year 1790, the legislature of Virginia passed a law making the cession of the United States of a territory ten miles square, or any less quantity, that should be accepted for the seat of the general government, to be located and laid off within her limits; thus by the terms of her cession confining it to her territory. Maryland nearly at the same period, made a similar cession. Out of these two cessions is the present Columbian territory made. It is contended by the gentleman from Maryland (Mr. Nelson) that the two states uniting in the cession makes the grant complete, and the right in the United States predominant and exclusive. He acknowledges at the same time, this correct principle, that they could grant no greater right than they possessed. This doctrine I hold incontrovertible, that the alinea can have no greater or better title than the alienor; otherwise the derivative would be superior to the original title, a principle not to be admitted.
Let it be distinctly recollected, that prior to the cession Virginia had purchased a right out of the soil of her sister state, distinct from the land, an incorporeal hereditament, a franchise which she had the right of exercising unconnected with the use of the soil—to that while Maryland owned the land, Virginia owned the right of the way. She never passed this right by the terms of her cession, or by any other act. Maryland could not, having already parted from it. No strength of argument can be derived from the terms of the cession; for if Virginia never parted with her right, the United States could never have acquired it. I trust I have shown that Virginia purchased a right in the navigation of the Potomac, which she never parted from, and of course retains to this moment. We therefore cannot constitutionally legislate on this subject.
Let it not be said, that the object is improvement and not obstruction. Is not building the
wall from Mason's Island to the Virginia shore an obstruction, and the improvement at best problematical? But this is begging the question—On a fair admission of my construction, I contend, and have endeavoured to prove, that we, possessing no jurisdiction over the river, cannot be touched by any legislative act of ours in any point whatever. For if it be touched in one way, it may be in another, and may finally end in whatever arrangement Congress may think expedient to make.
Foreign Intelligence.
PHILADELPHIA, December 27.
Captain Wills, of the ship Portland from L'Orient, which place he left on the 24th October reports the capture of two valuable Spanish ships laden with linen, bound from St. Maloes to Spain, (cargoes estimated at four millions of livres) by a British frigate. Thirty gun brigs, boats, &c. had been captured and destroyed on their passage from L'Orient to Brest, by two British frigates. Provisions at L'Orient were plenty and cheap; but its once flourishing trade was greatly declined.
Political & Com. Reg. The Nantes Journal of the 19th of Oct. mentions the arrival of Gen. Armstrong, our Minister to France, in that city, whence he was to proceed, within a few days, for Paris.
TRANSLATIONS
From late French Papers, received at the Office of the Political and Commercial Register, by the ship Portland, captain Wills, from L'Orient.
The Russian Secretary of Legation at Berlin, left that city as a courier, for Peterburgh, on the 1st of October.
The Russians have obtained decisive advantages in Gruzinia (Georgia) over the Persians, whom they have pursued beyond Erivan, the capital of Persian-Armenia.
The Paris Courier of the 18th of Oct. states, that the Hanoverian Legion, of 1500 men, was marching by companies, and disarmed, to the frontiers of Holland.
The Episcopal Palace, in the island of Corsica, was preparing for the reception of the King of Sardinia.
19,000 Russians had arrived in the Republic of the Seven Islands, and 15,000 more expected. Another account says, that the King of Sardinia would repair to Cagliari, and that Malta would be garrisoned by the English and Russians.
The departure of the French and Russian Charges d'Affaires, from their respective residences, had produced a fall in the public funds of both nations.
20,000 French troops had marched from upper Italy towards Naples, to reinforce the army of Gen. St. Cyr.
The Emperor of France arrived at St. Cloud from Mentz, on the 12th of Oct.
It was believed that the question of additional indemnities to several of the German Electors, had been agitated and agreed on during the Emperor's stay at Mentz, particularly in favour of Bavaria.
It is said that a disposition prevails in the Court of Spain, to raise the reigning family to the Imperial dignity.
The fall of the funds in Holland has been attributed to the projected change in the government of that republic.
M. de Champagny, ambassador from France to the Emperor of Germany, has returned from Vienna to Paris, being appointed minister of the interior of the Empire.
It was supposed at Vienna, that Mr. Otto, minister from France to the court of Munich, would provisionally exercise the functions of minister plenipotentiary from France at the court of Vienna.
The Emperor of Austria has prohibited the exportation of grain from his dominions.
A serious insurrection had taken place in the island of Majorca, occasioned by an order of the Spanish government to lay a duty on brandy.
Three regiments, that fired on the mob, were roughly handled. The regiment of Bourbon had been cut pieces.
The Emperor of Russia, to encourage the manufactures of his empire, has prohibited, by an ukase, the importation by land, from the Baltic to the Black Sea, of every kind of cotton cloth and camblets; and has also forbidden the introduction, by land or sea, of such articles as are liable to the tariff duties of 1797, such as printed cottons, printed cotton handkerchiefs, &c. of European or East India manufacture, with the exception of white cotton handkerchiefs.
In a late sitting of the Batavian government, the project of changing the constitution of that Republic was discussed, and three of the members declared against it. In a subsequent session they have been employed in completing the draught of the new constitution, and it has been proposed to abolish a multitude of Subaltern Offices, which an undue patronage had established, and the salaries of which might be saved to the state. They are now occupied in the civil arrangements; a reform of the army is also contemplated; and it is supposed that the war department will be organized on the plan of the College of War at Berlin, and that the direction of it will be assigned to general Dumonceau.
It is still understood that Mr. Schimmelpennick will be placed at the head of the Executive power, or that its most important duties will be confided to him. For the other branches of government (administrations) persons of established merit, probity, and principles will be selected.
FROM THE PUBLICISTE.
STATISTICAL ACCOUNT OF FRANCE.
  Infantry of the Line 841,411   Light Infantry 100,130   Cavalry of the Line 14,120   Light Cavalry 68,988   Artillery on foot 20,659   Horse artillery 8,226   Sappers, Miners and Engineers 5,873   554,407 
The confederation alone presents a mass of war near one million of soldiers. Mr. Daru, has observed in a work on the recruiting service that France on a great emergency, might select her defenders from six millions of men able to carry arms.
Her Marine power is far inferior to what it was in the reign of Louis the Fourteenth, or to what it may yet become under Bonaparte. A navy is not formed with the same promptitude that an army is raised; but France possesses the men, the ship builders, the instruments, the energy—and above all, the powerful genius to carry every thing into operation, and to complete it with effect. Hence it may, without presumption, be believed that her Marine will rival her army.
The net amount of the revenues of France in the year 11, 539,500,000 Francs (about 113 millions of dollars.) Her public debt was one milliard, 280,000,000 Francs, the annual interest of which is 84 millions.
FROM THE BALTIMORE AMERICAN, OF DECEMBER 29.
FOUR DAYS LATER.
By the postscripts of Mr. Charles Wiegman, passenger in the Fanny, the editors of the American have been favored with London papers to the 29th October inclusive, from which a few articles have been selected for this day's paper.
LONDON, October 22. The Hamburg mails bring intelligence of the formation of a new Batavian Constitution, under the patronage of Bonaparte and his minister Talleyrand. Schimmelpennick will be appointed the new chief magistrate, and he will enter into office on the 20th inst. His power and authority will be more extensive than that of Bonaparte's landdamm in Switzerland. He is to pay to the Bonaparte family fifty millions of florins, in ten years, for this sovereignty, besides annuities to Talleyrand and Co. A new military capitulation, and new political, commercial, and subsidiary treaties with France, are expected to be among the first acts of his government.
October 24. Price of Stocks this-day 3 per Cent. Consols, for money 57 1-8; 3 per cent. Reduced Osborn 6 prem.
Part of Admiral Graves's division of the fleet off Brest, the Endymion, Calcutta and Repulse returned to Plymouth on Monday. More frigates have been dispatched to cruise to the southward, for the purpose of detaining the Spanish ships homeward bound from America.
A morning Paper states, that the Emperor Alexander, ordered the French Charge d'Affaires to quit Peterburgh in twenty four hours. The Moniteur of the 11th announces his having left Peterburgh in the following manner. "M. RAYNEVAL Secretary of the French Legation at Peterburgh, (he was we believe Charge d'Affaires after the departure of the French Ambassador General Hedouville) quitted that city on the fourth complementary day, (Sept. 20) [ Courier. ]
October 25. According to the report of four Dutch Defectors, Bonaparte had sent positive orders from Aix-la-Chapelle to the French commodore at Ferrol to fail for Brest, even though he should be obliged to fight his way through our cruisers. The squadron would, in consequence, have already left Ferrol, had not an aid-de-camp of the Spanish minister of marine arrived from Cadiz with dispatches, which induced him to wait for further instructions from France. It is believed at Ferrol, and on board the French fleet, that the ships which are equipping at Cadiz and Barcelona, will co-operate with the French as auxiliaries only to a certain distance from the Spanish coast, as the Spanish cabinet regards its neutrality encroached upon by the friendship of our blockading squadron. These Dutchmen assert, that the greatest anarchy and discontent prevail all over Spain; that the insurrection, which began near Bilboa, has extended to the neighbouring provinces; and that the insurgents amounted to upwards of 60,000 men, and were daily increasing. This latter report was confirmed by an American captain from Corunna, who added, that the leaders of the insurrection are Spaniards formerly in the French service, and young men educated in France. The common belief among all classes of people is, that the dissolution of the Spanish Monarchy, or at least a general revolution is at hand. This dangerous superposition is kept up by pretended prophecies, circulated by Spanish priests in French pay; and it will, therefore, not be surprising, if an ignorant people, thus deluded, and also tormented by famine and distress, will, from despair, seek a remedy in the worst of all evils, a rebellion.
Government, we understand, has received certain intelligence of the emperor Alexander having ordered the French Charge d'Affaires to quit Peterburgh in twenty-four hours. This puts an end to all further speculations respecting the preservation of peace between the two powers. [ Star. ]
The journey of the Pope (who is now recovered from his indisposition) to Paris, will be by Florence, Bologna, Alexandria, &c. where all necessary preparations are making for his reception.
An agreement has been entered into between England and Russia, to possess the island of Malta in common, for which purpose 5000 Russian troops will soon go from Corfu to Malta.
According to a letter from Calmar in Sweden, besides the king of France, and their Royal Highnesses, Monsieur and the Duke of Angouleme, the Swedish Grand Chancellor, Count de Peffen, the Russian Chamberlain, Count Solikoff, the late English Minister to the court of Stutgard, Mr. Spencer Smith, and the Danish Chamberlain, Baron De Blome, were expected there. Should this be the case, something else than the private family affairs of the Bourbons will be transacted there. His most Christian Majesty, Louis XVIII, and the Princes of his blood, intended to publish a protest against the Corsican Usurpations. That which appeared in the Moniteur was a forgery of Bonaparte, Talleyrand, and Co.
LONDON, October 26. A private letter from a banking house at Frankfort, to a respectable house in town, states, that BONAPARTE when the Deputies of that Imperial City were presented to him among other kind and becoming expressions, told them, "that on account of the great quantity of English goods disposed of at the yearly frankfort fairs, the period when the independence of that city should cease was at hand." These deputies were soon informed that Frankfort, its privileges, and territory, were sold by the Usurper for 12 millions of florins (between 2 and 3 millions sterling), to the Elector of Hesse. They presented, therefore, a memorial to TALLEYRAND, offering to prohibit, or to lay an equal tax on all goods, upon all English goods; but they received no other answer than that it was too late. It is said, that the bargain between BONAPARTE and the Elector of Hesse has been consented to by Prussia; but it cannot be carried into execution without a new violation of the German territory and independence, the city of Frankfort has sent deputies to the Courts of Vienna and of St. Peterburgh to demand the protection of the Emperors of GERMANY and RUSSIA. On the other hand BONAPARTE's resident at Frankfort HASLINGER, has advised the Senate to offer the same sum to continue them in their independence, as the elector of Hesse has agreed to give for their subjugation and incorporation with his electoral subjects. From this many concluded that BONAPARTE and TALLEYRAND uncertain of the consent of the Emperor of Germany, intend, in the mean time to swindle the citizens of Frankfort out of a sum of money, and afterwards to sell their precious independence to the highest bidder.
BONAPARTE still pursues his system of plunder and intrigue in Germany. Several German Princes are invited, or rather commanded, to attend the ceremony of his Coronation, at Paris. In this degraded lift, however, are only to be found those Princes who have feared at his hands the plunder of the Empire, while the others have been honoured by his admonitions and rebukes. In the North of Germany, now for the fourth time within fifteen months, he demands a new loan from the neutral City of Hamburg. The sum required is 400,000 dollars, and for this his military financiers have proposed to mortgage the chalk and salt pits of Lunenburgh. The Senate called a meeting of the Burgesses upon the 18th, to take the demand into consideration; and for seven hours we presume, upon the means of raising the money, for they must furnish it. What is this but plunder and robbery? The King of England, the lawful owner of the mortgaged property, has given formal notice, that he never will repay the sums thus fraudulently and feloniously obtained by France upon the security of Hanover. In the late war, France, in the same way, borrowed money from the neutral city of Lubeck, which the Corsican Adventurer is now holding up to sale to the highest bidder. This will be the fate of Hamburg, Lubeck, and Bremen. He will sell them the citizens paupers, and he will then sell them as slaves.
Two Gottemburgh Mails arrived this morning, by which we learn that the meeting of Monsieur and his Royal Brother Louis XVIII, took place at Calmar on the 7th inst. It was a spectacle of a most tender and interesting nature to all who witnessed it. The Duke d'Angouleme was present. Monsieur purposed returning to England about the end of this month.
On the 17th instant arrived at Gottemburgh the Prince of Wales packet, captain Hearn, with Mr. Baggrave, the English Messenger, who immediately set off for Stockholm. Upon the arrival of the Packet, a courier was dispatched to the King at Stralsund.
On the 24th, a courier arrived there from Stralsund, with dispatches for Silverkulla, in London.
A London paper, of the 24th October, attributes the blowing up of the Spanish frigate Mercedes to the dangerous methods of the Spaniards in loading their guns by a shell from the castle where the powder is kept loose.
The crew of the Mercedes, consisted of 800 men, 50 of whom only were saved. Among those that perished were the captain, his wife and 7 children, with 19 ladies.
Danish Intelligence.
Suspicions had arisen in New-York, that the late fire had been the effect of design: and every effort made for a discovery, but without effect. The suspicions have since been confirmed, information having been lodged at the inspector's office of an attempt having been made to set fire to a house, 95 Pearl-Street. In consequence, the city watch had been doubled.
PHILADELPHIA, December 27.
Extract of a letter from Washington.
"Wednesday the second of January next, is the day appointed for the appearance of Judge Chase, to answer the articles of impeachment preferred against him by the House of representatives; but it is understood that further time will be allowed him, if requested, to procure his testimony and prepare for his defence. As some of the witnesses that will probably be summoned, reside in Richmond, and others in Delaware and Philadelphia, the trial may not come on until about the last of January. Very commodious and elegant arrangements are now making in the Senate Chamber preparatory to this great occasion. The Senate organized as a court will be seated on the right and left of the Vice-President; the members of the House of representatives will take the seats now occupied by the Senate; the Judge and the managers will have places assigned to them in the centre of the Chamber between the Court and the house of representatives. An additional gallery, that will afford the best and most convenient seats in the house, is now erecting for the separate accommodation of the Ladies; the lobby of the Senate Chamber will be for the use of such gentlemen as may be introduced into it by members of the Senate; and the old gallery for strangers generally."—True Amer.
MARYLAND. BALTIMORE, Dec. 28.
On Monday last a motion was made in the house of delegates of this state by Mr. Bond, of Harford county, for leave to bring in a bill, entitled, "an act, to provide for the election of the justices of the levy courts by the people of the several counties of this state."
YEAS 81. NAYS 30.
NORFOLK, December 28.
Captain Drummond, in the brig Fame, arrived here yesterday from Gibraltar, in 43 days, from whom we have obtained the following particulars.
The fever at Malaga had nearly subsided, that at Gibraltar not more than 4 or 5 died in 24 hours, the opulent part of the inhabitants of Alicante had quitted that city.
Captain Drummond further states, that it was believed at Gibraltar, that a rupture between the emperor of Morocco and the United States would shortly occur. It was not known at the time capt. D. failed that any further attack had been made on Tripoli by the American squadron, but as there are a number of letters from the officers, we presume full details of the operations of the squadron will be presented to the public in a few days.
By captain Drummond we further learn, that there was every appearance of war between Great-Britain and Spain. A few days before capt. D. failed, an embargo was laid on all vessels not cleared out. Ledger.
N. CAROLINA.
On Wednesday the 19th ult. both houses of the general assembly of N. Carolina adjourned sine die after having passed 120 laws, about 33 of which are of a general nature, the remainder for particular purposes. On the same day Mr. W. P. Little introduced the following resolution in the senate, which passed that body 32 votes to 8.
"Resolved, that this general assembly has the highest confidence in the integrity, abilities and republican spirit of the present administration of the general government of the United States; and that they highly approve of the wise, pacific and honorable measures pursued by the said administration in the acquisition of the important and valuable territory of Louisiana."
This resolution was carried in the house of commons, 57 to 19.
CHARLESTON, December 18.
DISTURBING RINK AT ST. THOMAS'S.
Captain Clark, of the brig Lion, arrived this morning from St. Thomas's, states, that on the night of
Thursday, the 2nd November, between 7 and 8 o'clock, a Fire broke out in a Dry Goods Store contiguous to the King's Stores, and continued to rage with unabated fury the whole of that night and great part of the next day; nor was its violence wholly checked for three days. In the course of this time, about Six Hundred Buildings, consisting of three-fourths of the town, were reduced to ashes. No calculation could possibly be made of the destruction of property, but it was said to be immense.
The situation of the inhabitants was distressing in the extreme. The shipping in the harbor offered the only means of saving any property; and the captain and crews on this occasion exerted themselves with the accustomed spirit and activity of seamen.
During the fire but few lives were lost. A Mr. Collin, of immense property, distressed by his loss, threw himself into the flames, and perished; a faithful and affectionate servant immediately followed the dreadful example of his master.
It was not ascertained whether the fire originated by accident or design.
Extract of a letter from a gentleman at St. Thomas's, dated Nov. 20, 1804.
"This town has been visited by a most dreadful fire, which commenced about 7 in the evening of the 2nd inst. and in a quarter where its ravages were most likely to carry all before it; and in a few hours all the rich and busy part of the town became one heap of ruins.
"The loss, which cannot easily be ascertained is estimated beyond 5,000,000 of dollars, by the most moderate, though many calculate at a much larger amount."
LOUISIANA. N. ORLEANS, Nov. 2.
The Honorable J. B. Prevost, Esquire, arrived here on Sunday last, and we are informed will open a Court on Tuesday next.
It is supposed the Council which was summoned to open their session on Monday the 12th inst. will not be able to form a quorum.
His Excellency Don Vicente Folch, Governor of West Florida, arrived here last evening from Baton Rouge, in a Gilley, accompanied by several officers of his C. M. His arrival was announced this morning by the discharge of a Federal salute from Fort St. Charles.
November 9.
The King of Spain's Birth Day, Was celebrated in this place on Sunday last with considerable distinction by the Spanish Military and Civil Officers assembled at the Marquis de Casa Calvo's; from thence accompanied by their Excellencies Wm. C. C. Claiborne and Don Vicente Folch, Governor of West Florida and later, went in procession to the Cathedral, where mass was performed, and the Spanish band played several martial airs. A Dinner was afterwards given at the Marquis's at which were present, the two Governors, and all the Civil and Military Officers and Clergy of his Catholic Majesty.
On Tuesday following His Excellency Wm. C. C. Claiborne gave a dinner to the Governor of West Florida and later. The Marquis de Casa Calvo, the Officers of the United States, and several Civil and Military Officers, of the Province were present. The Spanish and American bands united during the entertainment.
On Monday last the Court was opened by the Hon. J. B. Prevost, with an elegant, but brief charge to the Grand Jury. We regret our inability to procure a copy for the perusal of our readers—Among other Rules of Court, it is determined that all actions shall be brought by petition, and that all its pleadings shall be in French and English.
Register,
OF THE PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES OF THE U. STATES.
Wednesday, December 26.
Mr. Speaker laid before the House a letter he had received from Mons De Bourges De Marceville, of Elizabeth Town, New Jersey, stating that he had discovered the means of preserving the life of persons shipwrecked at sea, and requesting Congress to promote the extension of such an useful discovery.
The bill declaring Cambridge, in Massachusetts, a port of delivery, was read a third time and passed; as was also,
The bill for disposing of certain copies of laws of the United States, received from the Senate.
The bill from the Senate, dividing the Indiana Territory into two governments, was read twice and referred to a select committee.
Mr. Boyle laid on the table a resolution to amend the rules of the House, by adding, that a Rending committee should be created for the consideration of all matters relating to the sale or distribution of the vacant lands, belonging to the United States, to be styled the Land Committee.
Mr. Gregg presented a petition from Moses Young, who, accompanying Mr. Laurens, our minister plenipotentiary to Holland, in 1779, as his secretary, was taken by the British, and confined in prison, on a charge of high treason, requesting that his salary may be paid to him in full, he having, under these circumstances, never received more than the half. Referred to the committee of Claims.
Mr. Palmer presented the petition of David Johnson, on his own behalf, as well as on account of his father, David Johnson, a lieutenant in our revolutionary army, praying compensation for wounds and losses. Referred to the Committee of Claims.
Mr. Morris presented the petition of Forrest Green, of the third Virginia regiment, now residing in Georgia, praying that, in consideration of a wound received in the action of Brandywine, 11th September, 1777, he may be allowed a pension, the better to enable him to support himself, his wife and eight children. Referred to the Committee of Claims.
Mr. Sanford, on motion, obtained a reference to the committee of claims of the petition of Arthur St. Clair, a major general, praying the liquidation and settlement of a claim for a specified sum, which he advanced major W. Butler, for the purpose of re-enlisting soldiers in 1776.
Mr. J. Randolph, from the committee of Ways and Means, reported a bill making an appropriation for the support of the Navy of the United States, for the year 1805, which was read twice and referred to a committee of the whole for to-morrow.
On motion of Mr. Dana, the report of the Committee of Claims, on the petition of John Steele, late secretary of the Mississippi territory, went to a committee of the whole.
Mr. Gregg in the chair.
After some time spent in considering the report, the committee of the whole rose and reported their concurrence to the report of the select committee, and, on motion, the Committee of Claims was instructed to report a bill in his favour.

Mr. Claiborne presented the petition of Amy Durden, praying that compensation may be made to her as the widow, relict and administratrix of David Durden, for the celebrated horse Romulus, killed in the year 1781 in the service of the United States. Referred to the committee of the whole to whom was referred the bill making further provision for the extinguishment of the debts of the United States.
Mr. Lewis presented a petition from a number of the inhabitants of the town and county of Alexandria, praying for the incorporation of a company to erect a bridge across the river Potomac, from the end of the Maryland avenue to Alexandria's island in the county of Alexandria. Referred to the committee to whom was referred the several other petitions on this subject which were postponed at the last session.
The engrossed bill for the relief of Charlotte Hazen, widow and relict of the late brigadier general Moses Hazen, was read a third time, and on the question shall the bill pass, the yeas and nays being called by Mr. Early, and were Yeas 60—Nays 28. And the bill passed accordingly.
Mr. Jackson gave notice that on Monday next he should call up the motion respecting the expenditure of the monies appropriated for public roads connecting the waters of the Atlantic with the Ohio.
On motion of Mr. Tenney the letter of yesterday on the subject of saving the lives of persons shipwrecked at sea, was referred to the committee of commerce and manufactures.
On motion of Mr. Lewis the House resolved itself into a committee of the whole on the bill to incorporate the Washington building and fire insurance company.
General VARNUM in the chair. After going through the same and making a few amendments thereto, not affecting the principles of the bill, the committee rose and reported their assent to the same.
The House considered the amendments and incorporated them in the bill, which was ordered to be engrossed for a third reading on Monday next.
Mr. Greenfield from the committee of commerce and manufactures reported a bill supplementary to the act regulating the collection of duties on imports and tonnage, which was twice read, and referred to a committee of the whole to-morrow.
Mr. Hallinger moved to refer the petition of Andrew Snow, presented 27th December, 1803, an old militia soldier, claiming to be indemnified his expenses for the cure of his wounds, received in the actual service of the United States during our revolutionary war, referred to the committee of claims. Adjourned.
ENQUIRER. RICHMOND, JANUARY 3, 1805
The following discussion in the house of delegates is not particularly recommended by the profoundness of the views which it discloses or the importance of the subject, to which it relates. We present it to our readers, not so much for the purposes of political instruction, as to gratify the curiosity which is incident to every man of knowing as well the manner as the tenor of legislative proceedings. When more important measures are brought before the assembly, which will command the enquiry, and test the talents of its members, a more interesting and instructive debate will be presented to the view of our readers. Two subjects only have been submitted to their investigation which have engaged the attention of the loungers of the lobby; one of these was too detailed & vexatious to be presented to our distant readers, and the other is too delicate in its nature, to be com- pletely unfolded. The first relates to a contested election from Monroe county, in which some of the qualifications of the elective franchise have been more accurately ascertained: the other is a bill, to prevent more effectually the introduction of slaves into this commonwealth, which passed through its second reading on Tuesday, and was ordered to be engrossed and read a third time. Ayes 88—Nays 56. The editor has some notes on the proceedings on this bill, and its different amendments which will enable him to give a few explanations and comments on the law at some future period.
The reader will find in the following debate, only one political principle of any importance, introduced and examined; and that relates to the degree of consideration, which is due at the present time to the political opinions of a candidate, who is nominated to some state office of subordinate value. Our distant readers will however recollect that the issue of this election can furnish no satisfactory criterion of the principle which the Virginia Legislature have adopted on this subject. They must not infer from the election of Mr. Shepard, that the legislature is altogether indifferent to the political tenors of their officers. Should they make this inference, they will read from erroneous premises. They may infer indeed, because facts themselves suggest the conclusion, that there are some qualifications in the candidate which are estimated at a higher price than a certain degree of political orthodoxy. They will perceive if Mr. S. had not possessed the recommendations of an unspotted integrity, an extensive experience and the previous tenure of the office, that his federal opinions would have proved impassable and proper obstacles to his present appointment.
Legislature of Virginia. HOUSE OF DELEGATES, MONDAY, DEC. 31. APPOINTMENT OF THE AUDITOR OF PUBLIC ACCOUNTS.
The House proceeded to the appointment of the Auditor, for the ensuing year.
Mr. R. Harrison nominated Mr. William Robertson. After having exonerated upon his private virtues and official qualifications, Mr. Harrison spoke of the purity of his republican principles. They were the principles, he said, not of this House only, but of the state which they represented. In all appointments to office, it was incumbent upon the House, to consider what would be the decision of the people themselves, if they could be collected into one elective mass. Arguing from the experience which they already had of the suffrages of the people, he entertained little doubt that they would prefer Mr. Robertson, whose politics were congenial to their own, to Mr. S. Shepard, the present auditor, who had embraced the opposite creed. What the people themselves would do, he trusted that their representatives in this House would scrupulously observe on the present occasion.—Mr. Harrison added, that Mr. Robertson is a native of our own state, cordially attached to its laws; whereas the present auditor is merely the child of a sister state.
Mr. Barbour, though extremely averse to the destruction of that unanimity, which ought to prevail in this House, was obliged to dissent from the sentiments of the Gentleman from Amherst. For his own part, he should give a decided vote for the present auditor, Mr. S. Shepard, and he would venture to trouble the House with the reasons of his determination.—We are told, said Mr. B. that if the people of this Commonwealth were to meet in one great mass, that they would prefer a candidate whose political opinions are congenial to their own; and that Mr. Robertson would be the man. Sir, in what way would the suffrages of the people at large be given, is a very problematical question. I know only of one way, by which this question may be solved. We are the representatives of the people. The vote of the majority of this House may be fairly assumed as the elective decision of the district. If, Auditor, in our votes should be given to S. Shepard, it would not be too
great a presumption for us to say, that we were at that moment obeying the sentiments of our constituents. But we are told, Sir, that because Mr. S. is not the indigenous child of our state, he is therefore to be driven from us and placed beyond the bann of this commonwealth; and we are to do this although Mr. S. has tested his official qualifications these 15 years, and though his character possesses a purity and an excellence which can defy the most scrupulous fastidians. Sir, I had been always induced to believe that the liberality of our countrymen was the proudest theme of our eulogium. My heart has expanded with the most delightful emotions, when I believed that merit alone was the passport to our favor, no matter from whatever source or from whatever time it might emanate; whether it was the hardy product of Connecticut, whether it came from the frozen regions of Maine, or the extensive territory of Louisiana. Merit from the most distant country seemed to be welcome on our shores. Shall I mention, Sir, a most illustrious example? I would bring Albert Gallatin into your view. Was he not a foreigner among us, and yet unmindful of this policy distinction, have we not had virtue enough to foster and profit by his high qualifications? Here then is an analogous exemplification of the case, which is before us: But the argument is still more cogent in favor of Mr. Shepard. Albert Gallatin, Sir, was really a foreigner. But Shepard was born in a sister state, in an integral part of this great confederacy of states where we are all of the same great family, connected by strong and indissoluble bonds which shall exist through ages, and shall laugh at time itself. Let us then, Sir, overlook these artificial boundaries of states, and pursue the enlightened policy of cultivating a communion of feelings, as we already possess a communion of interests.
Throwing then aside these extrinsic considerations, let us approach the question itself. And now then, give me leave to ask, what are the qualifications which should determine our appointments to office.
Must the candidate be of a fair character? Then Sir, would S. Shepard defy the most scrupulous enquiry. Like Shadrach, Meshach and Abednego, he would pass through the fiery furnace, without a spot, and without an injury. Should he possess experience? Why, Sir, the Auditor's Office may be truly called Mr. Shepard's very cradle. From early age has he been accustomed to all its forms and details; and if experience moulds the character of the man; if habit can be really called our second nature, then, Sir, may Mr. S. be said, without any figure of speech to be almost born an Auditor. Is it to be presumed, Sir, that such a multifarious system of details as those conducted in the Auditor's Office, do not require considerable exertion and considerable time to be completely comprehended, & that such various acquisitions are to be the product of a day? Let me add, Sir, that the Auditor's Office requires a considerable knowledge of our revenue laws; and then let me ask, whether a long and enlightened experience is not indispensable to its successful superintendence. If there be a man, who is competent to this task, that man must be S. Shepard.
There is another subject, said Mr. B. which demanded his attention. It has been said, that some regard ought to be paid to the politics of the different candidates; and I may be asked how I can reconcile this to my principles to select a man, who differs from myself. Sir, when we have wielded the sword with success, it is time to cast away the scabbard. Having had sufficient herein to achieve the victory, let us now possess magnanimity enough to use it with moderation. When I look around me, I perceive through this extensive country the illustrious triumphs of republicanism. It sweeps the continent. Shall we then, Sir, demean ourselves so low, as to pry into an humble cell of the capital for new victims to satiate a fury, without reason, and a fear, without a cause? No, Sir; let us profit by the mild precepts of the great politician, who presides over our government; and let us hold up such men as "monuments of the safety, with which error of opinion may be tolerated, where reason is left free to combat it." These old forces, which party spirit has caten in the body politic, have been suffering too long; it is time to cleanse them: it is time to apply to them the balm of forgetfulness. And I hope, Sir, that the time is not far distant, when we may all embrace each other as members of the same political family, and we shall be "all federalists, and all republicans."
To those who would charge me with inconsistency for giving a different vote on the present occasion to what I formerly gave on the election of a treasurer; I would reply, that the cases are materially different. They differ in two most important circumstances.—We were just then in the bosom of victory. Our condition was not then exempted from new revolutions or unexpected perils. Far different is our situation at the present moment! We now possess a towering majority; and our opponents lie prostrate in the dust. Let us then treat them with moderation, and like suppliant animals at our feet, let our care be to bind up their wounds and alleviate the agonies of despair. But there was another important consideration. Mr. Moffett who was brought forward as a candidate for the treasury, had rendered great and illustrious services, in achieving our independence. He was one of those, whose valour had secured it, and who had thus given us the power to bestow this very office, which we could not more worthily bestow than upon him. If the present question had been an original one, if Mr. Shepard had never been the auditor and if it was now first made a question, whether we should invest him with its functions; then, Sir, it would have received from me a different result. But at the present time, it is too much to open those wounds, which have already bled enough. It is time, Sir, to be harmonizing; and to be true to the altar and offer up an oath of eternal hatred against our opponents! It would be destroying at once, Sir, all the social enjoyments of life: it would be arraying state against state, & county against county. It would be dividing every family from itself, and causing the son to raise his impious hand against the bosom of his father. We are here, Sir, to do good; and what more beneficial object can we accomplish than the reformation of social harmony? Shew me a government, which eternally points to social harmony, and I will show you one which promotes the happiness of the people. We shall not have to advance far in our pursuit: for the present federal administration rises on our view. In that bright galaxy of every virtue, decorated by the lustre of the greatest luminaries of our country; and conducted by the genius of our most illustrious statesmen, what let me ask, is one of its most sacred maxims? The reformation of social harmony. And the exertions of its illustrious chief have been fully rewarded. He has extinguished many of those political distinctions and feuds, which formerly embittered our existence. What better tribute can we pay to his virtues and his wisdom, than by adopting his precepts and imitating his enlightened example!
Mr. Duvall observed, that he should attempt to add something to what had been said by the gentleman last up. As to Mr. Shepard's political opinions, they were unknown to him. He never appeared in an election; and never voted. It is conjectured, however, that he is a federalist. But if there be a citizen, virtuous and honest, and virtuous we have admitted Mr. Shepard to be, because we have entrusted him with the care of the finances of the state; shall we exclude him from office, because his opinions are not exactly our own? Shall we be in politics, what bigots are in religion; insensible to all merit, which is not within our own sect? If there be a man indeed, who receives a salary, and yet vilifies our government, that man I would not hesitate to exclude. But as to Mr. Shepard, he has proved himself a faithful servant, and he has never interfered in politics.
Mr. Johnson observed, that no man was more anxious than himself to have an unanimity in the House; but he was afraid it was not to be obtained on the present occasion.—It was his opinion, that if it was right to expel the former treasurer, and every other man for his political opinions, it was right to expel the Auditor. We have considered it proper to require such a qualification in the inferior appointments; why not then in the superior? The Auditor is an important officer in the state. He obtains judgments for the Commonwealth. He institutes suits against the sheriffs. The payment of all money from the treasury is made thro' him.—He has more influence perhaps than any other officer in the state. Why was it right to elect a new Auditor a few years ago a new Treasurer, if not a new Auditor at the present time? Or shall it be said, that there is no man among us, fit for this appointment? The gentleman nominated by the member from Amherst, is surely such a man. He is known by his private virtues, by his experience in the keeping of accounts. He is even a good lawyer. What is there difficult to learn in the Auditor's office, which he cannot acquire? Mr. Johnson added, that he had never considered it proper to elect any man, whose political opinions were different from those of the people; and he thought that it was placing the question upon a right ground to enquire what would they themselves do in the present case?
Mr. Miller (from Powhatan) observed, that after the elegant observations which had fallen from the speakers who had preceded him, he was afraid it might appear presumption in him to touch upon this subject. He had a few ideas however, which he would venture to submit to the consideration of the house. I am particularly acquainted, said Mr. Miller, with the virtues of Mr. Robertson. They are even greater than those, which have been already enumerated. They are such as to entitle him to the respect and favour of this house.—This is not, as has been maintained, an original question. There was a time, when the gentleman from Orange, and the present president of the Bank of Virginia, advocated a very different doctrine. These gentlemen have said, that it was right to enquire into the political opinions of the candidate. The gentleman from Orange, it will be recollected, rested a great part of the merit of Mr. Berkeley's opponent upon his political qualifications. Had all that fell from the gentleman on that occasion, been written upon the walls of this house, he would scarcely have come forward now to advocate a different doctrine. It would have indeed required a brazen front for that gentleman, to have pronounced such a sneeze at the present time.
I ask, Sir, for what purpose are republicans chosen by the people? Is it not to adopt those measures, which are congenial to republicanism? And can we be said to fulfil this object, if we put men into office, who are not republicans? Men, Sir, give a tone to measures; for measures originate in men. To appoint an aristocrat, would be to encourage aristocracy; and shall we be improvident enough to do that, which the people themselves would not do? In the long list of appointments, emanating from the people, from the president of the United States down to the most menial officer, have they not uniformly chosen their political friends? Is it necessary for me to expatiate upon the other qualifications of Mr. Robertson? A native Virginian, a Virginian (in the language of Curtilus) "in heart and in sentiment." Not only a republican himself, but still more, he has sent into the world luminous republicans. He has others coming on, which like brilliant gems, want only the polishing hand, to brighten and diffuse their beauties. It would be unnecessary for me to describe the republican influence of such a rising family, matured as they will by the patronage of the state.
If then I consider the qualifications of this gentleman or the propriety of rotation in office, my determination is formed to give him all my support. But it may be said, that however well qualified he may be in other respects, he has not the requisite experience in the details of the office. I would enquire, are its duties really so complicated? The forms of the business appear to me to be simple and easy of execution. The executive gives an order upon the Auditor; he then issues a warrant upon the treasury; and here his power stops. Who does not see that all this is a mechanical business? The Auditor I know must be a good accountant, and acquainted with our revenue laws. But Mr. R. is already the one and soon may be the other.
Mr. Miller added, that there ought to be a perfect harmony between the different departments of the government; that he believed there had been a collision between the present Auditor and the executive department; that they had been obliged to apply five or six times to that office, before they could obtain accurate information, and that this was a state of things which ought not to continue. He concluded with hoping, that the House would join with him in giving their suffrage to the republican candidate.
Mr. Barbour rose, and declared it had not been his intention to have troubled the House a second time; but that the personal reflections which had escaped from the gentleman last up, demanded some comment. Why, Sir, should we introduce observations on this floor, which have no other effect than to wound the feelings? Can they elicit truth? The gentleman has charged me with inconsistency, and has given me a brazen front. What part of my conduct has deserved this censure? Have I a brazen front? Let that gentleman take care, Sir, lest he should realize the old maxim, "that he sees the moat in his neighbour's eye, whilst he cannot see the beam in his own." It is improper to introduce any personal here. I had thought that in this hall dedicated to the constitution, I was at least free. I had not thought that a brother representative having the same rights and the same duties with myself, should bring against me such a charge as this. What other motive can I have but those which that gentleman himself may have; but those which bind me to my country, its constitution and my God? Am I interested? What is it to me who the Auditor is? Give me leave, Sir, to appeal to this house, the grand inquest of the nation, whether I have ever departed on this floor, the only theatre of my political exertions, from my political principles. Mr. Barbour made other remarks of a similar import, which the reporter could have recorded, but would not.
Mr. Miller, at length arose and observed he had no intention to wound the gentleman's feelings. He did not mean to say, that he had a brazen front, but only that if his face had a brazen front to have pronounced it: and he assured him that he considered no man in the house a more genuine republican than himself.
Mr. Barbour, I am obliged to you, Sir.
Mr. Johnson was then sent to the Senate to inform them that the house was ready to proceed by a joint ballot to the election of the Auditor. On counting the votes, they were
For SAMUEL SHEPARD 127 WILLIAM ROBERTSON 38
EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
Saturday, December 22d, 1804.
A communication from the Senate by their clerk:
The Senate have passed the bill, entitled, An act, authorizing the introduction of Dearborn's patent balance into the warehouses of this commonwealth, upon certain conditions, with several amendments, to which they request the concurrence of the House of Delegates; and they have appointed a committee on the part of that house, to examine jointly with the committee appointed on the part of the House of Delegates, the treasurer's accounts.
The house forthwith proceeded to consider the said amendments;
And the question being severally put thereupon, they were agreed to by the house.
Ordered, That the clerk acquaint the Senate therewith.
An engrossed bill, declaring Powell's river a highway, was read a third time, and a blank therein filled up;
Resolved, That the bill do pass, and that the title be, an act, declaring Powell's river a highway.
An engrossed bill, to explain and amend the act, providing for the poor, and declaring who shall be deemed vagrants, was read a third time, and a blank therein filled up;
Resolved, That the bill do pass, and that the title be, an act, to explain and amend the act, providing for the poor, and declaring who shall be deemed vagrants.
Ordered, That the clerk do carry the said bills to the Senate and desire their concurrence.
Mr. Ruffner presented, according to order, a bill, authorizing the court of Mason county to appoint one or more persons to solemnize the rites of marriage within the said county, which was received and read the first time, and ordered to be read a second time.
Mr. Jennings reported, from the committee of claims:
Resolved, as the opinion of this committee, that the petition of Edward Burgess, stating he was a convict in the Penitentiary house for four years; that during his confinement he created a debt against the commonwealth, under the then existing law, to the amount of 177 dollars; that upon his discharge, in September last, he received only thirty dollars, the residue of his claim being withheld on account of a law passed last session, although the services had been previously rendered; and praying relief from the legislature, is reasonable.
Ordered, That a bill be brought in pursuant to the said resolution; and that the committee of claims do prepare and bring in the same.
Two resolutions from the committee for courts of justice, which were yesterday laid upon the table, were called up and read, as follows:
Resolved, That it is the opinion of this committee, that so much of the petition of the corporate body of the city of Richmond, as prays that they may be authorized by law to appoint a mathematical surveyor of the said city, and to regulate his fees of office, is reasonable.
Resolved, That it is the opinion of this committee, that the residue of the said petition, praying that provision may be made by law for opening streets in certain parts of the said city, is reasonable.
The Speaker laid before the house a letter from Thomas Swepson, Robert H. Fisher and William Munford, three of the commissioners appointed by the legislature to wait on the legislature of North Carolina, on the subject of opening a navigable canal from Nansemond river in this state to Bennett's creek in North Carolina, and from Meherrin river to Roanoke river in North Carolina, which was read, and with the documents accompanying the same, ordered to be referred to Messrs. Riddick, Dabbs, Schrell, Purdie, Tazewell, King, Ruffin, Byrd and Machin.
Monday, December 24.
An engrossed bill, divorcing Robert Campbell from his wife Anne, was read a third time;
Resolved, That the bill do pass, and that the title be, an act, divorcing Robert Campbell from his wife Anne.—Ayes 99—Nays 26.
A bill, authorizing the court of Mason county to appoint one or more persons to solemnize the rites of marriage within the said county, was read a second time and ordered to be engrossed and read a third time.
Mr. Smyth (Wythe) presented from the committee (to whom it was committed) a bill, forming a new county out of certain parts of Montgomery, Monroe and Tazewell counties, with amendments, which were severally twice read and agreed to by the house.
Ordered, That the said bill, with the amendments, be engrossed and read a third time.
Mr. Johnson presented from the committee for courts of justice,
A bill, for raising by lottery a sum of money for improving the navigation of Quantico creek.
A report from the committee of privileges and elections (which lay on the table) on the petition of John Woodward, complaining of the undue election of David Graham, one of the delegates from the county of Monroe, returned to serve in this present General Assembly, was called up;
On a motion made,
Resolved, That Mr. Woodward have leave to appear at the bar of the house, during the examination of the said report;
Ordered, to be on the table.
Mr. C. Foster reported, from the committee of claims.
Resolved, as the opinion of this committee, that the petition of the superintendents of the Public Warehouse on the James river canal, praying for an increase of their salary, is reasonable.
Ordered, that a bill be brought in pursuant to this resolution, and that the committee of claims do prepare and bring in the same.
On a motion made,
Resolved, that a committee be appointed to view the situation of the public buildings and lots which are appropriated for the use of the Governor, and report to the house whether any repairs ought to be made to the said buildings and lots; and a committee was appointed of Messrs. Storr, Cabell, Selden, Mallory, Purdie, I. Eoffler, Otey and Hadens.
Ordered, that Messrs. Wooding, Terry and W. Yancey, be added to the committee to whom was referred the letter from Messrs. Swepson, Fisher and Munford, with its enclosures, on the subject of the navigable canal between and North-Carolina, to connect certain
subject of the navigable canal between and North-Carolina, to connect certain
Wednesday, Dec. 26th, 1804.
An engrossed bill, authorizing the court of Mason county to appoint one or more persons to solemnize the rites of marriage within the said county, was read a third time;
Resolved, That the bill do pass, and that the title be, an act, authorizing the court of Mason county to appoint one or more persons to solemnize the rites of marriage within the said county.
An engrossed bill, forming a new county out of certain parts of Montgomery, Monroe, & Tazewell counties, was read a third time, and several blanks therein filled up;
Resolved, That the bill do pass, and that the title be, an act, forming a new county out of certain parts of Montgomery, Monroe and Tazewell counties. Ayes 79—Nays 61.
The house came to the following resolution:
Resolved, That the committee of privileges & elections be governed by the following rules on all contested elections.
1. That he who objects to the validity of a vote, shall be compelled to sustain his objection, by the exhibition of the land book or other proof, if he who objects to a vote exhibits the land book and the name of the voter be not there found, it shall be satisfactory evidence that he is no freeholder, till the contrary appear.
2. That if the voter has been six months in possession of land, sufficient according to law to give a right to vote, that a deed to that land on the day of election or any time before shall render him a legal voter.
3. That a citizen has a right to vote in any county where he has a freehold, although he does not reside in such county.
Thursday, December 27th, 1804.
Ordered, that leave be given to bring in a bill, to amend and explain an act to establish a turnpike between the town of Manchester and Falling creek, on the Buckingham road; and that Messrs. Cheatham, Clark, Johnson, J. Booker, Du-Val, Machin, Bacon and Randolph, do prepare and bring in the same.
Marryed, on Friday last, by the Rev. James M'Conchie, Mr. Thomas Smith, of the City of Richmond, to the amiable Miss Nancy Maye Spofford, of this county.
Departed this life, on Monday evening the 21st. inst. Mrs. Ann Bishop, the amiable consort of Mr. Luman Bishop of this place. She was an affectionate wife, a tender parent and kind mistress; by a steady uniformity of goodness & affability she procured the love of all her numerous relatives and the unfeigned esteem of her acquaintance. She has left a husband, two small children, and many friends to deplore her loss. The tribute of a tear is due to departed worth.
Richmond Theatre.
For the Benefit of Mr. Hopkins.
THIS EVENING, January 3d, 1805, will be presented a celebrated COMEDY, called
THE POOR GENTLEMAN.
Lieutenant Worthington, Mr. Green. Doctor Olapod, Mr. Hopkins. Sir Charles Cropland, Mr. Poe. Sir Robert Bramble, Mr. Conner. Frederick, Mr. Downie. Farmer Harrowby, Mr. Martin. Stephen Harrowby, Mr. Briers. Warner, Mr. Serlon. Corporal Fops, Mr. Weft. Emily Worthington, Mrs. Hopkins. Miss Lucretia McTab, Miss Melford. Mary Harrowby, Mrs. Stuart. Dame Harrowby, Mrs. Downie.
End of the Play, a Comic Ballet Pantomime, called
Christmas Gambols, OR, WINTER'S AMUSEMENTS.
With a small representation of a Slashing March and a SNOW STORM.
Billy Puff, Mr. Hopkins. Tom Tough, Mr. Poe. John Bull, Mr. Briers. Lawyer Latitat, Mr. Weft. Doublebreach, Mr. Martin. Doctor Dots, Mr. Downie. Sailor, Mr. Conner. Mrs. Latitat, Miss Melford. Sally Trueheart, Mrs. Hopkins. Betty Crossitch, Mrs. Stuart. Mrs. Bull, Mrs. Downie.
In the course of the Ballet, a STRATHSPEY, by Mr. Poe and Mrs. Hopkins; And a MOCK MINUET, by Mr. Hopkins, Mr. Weft, Miss Melford, and Mrs. Stuart.
In the course of the evening, a New Song, called the Birth, Christening, Marriage, &c. of Dennis Dull-gruddy—By Mr. Hopkins.
To which will be added, the Farce of
THE ADOPTED CHILD.
Sir Bertram, Mr. Downie. Le Sage, Mr. Poe. Spruce, Mr. Weft. Record, Mr. Hopkins. Michael, Mr. Green. Flint, Mr. Martin. Clara, Mrs. Hopkins. Lucy, Mrs. Green. Nell, Miss Melford. Jannette, Mrs. Stuart. The Adopted Child, Miss Green.
Doors to open at half after 5 o'clock, and performance to begin at 6, precisely.
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, 1-3 cash, 1-3 in 6 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.
25 Shares in the Virginia Bank
WANTED IMMEDIATELY: for which a liberal price will be given.
THOMAS NORVELL. Jan. 3. tf
CHECK V. drawn by the Commissioner of Loans for 37 dols. in favor of the attorney of Lyons Esqrs. on the bank of Virginia, was been lost. All persons are guard against receiving it. Jan. 2d. 1805.

THE YAZOO PAPERS.
CONTINUED.
No. 1.
IN THE HOUSE OF REPRESENTATIVES.
Friday, 5th January, 1795.
The bill to be entitled, an act supplementary to an act...
On motion of Mr. Moubray, Resolved, That the bill as amended do pass...
On the question put thereupon, the yeas and nays being required...
Ordered, That the clerk do carry the same to the Senate...
I certify that the foregoing is truly taken from the journal...
JAMES BOZEMAN, for HINES HOLT, Clk. House of Representatives.
Louisville, 20th January, 1803. IN SENATE.
Saturday, 24th January, 1795. The bill to be entitled, an act supplementary to an act...
The Senate then proceeded to a third reading of the bill...
On question shall the bill pass under the title above?
The yeas and nays being required, are as follows: Mr. King, Mr. Wright, Mr. Oneal, Mr. Wylie...
So it passed in the affirmative. I certify that the foregoing is truly taken from the journal of Senate.
WILL ROBERTSON, Sec'ty of Senate. Louisville, 20th January, 1803. (F)
GEORGIA. By his honor, Daniel Emanuel, president of the Senate...
To all to whom these presents shall come, GREETING: Know ye, That George H. Clayton, esquire...
Therefore all due faith, credit, and authority, are hereby given to the said George H. Clayton...
In testimony whereof, I have hereunto set my hand...
By the president and commander in chief HOR: MARBURY, Sec'ty of State.
GEORGIA. HOUSE OF REPRESENTATIVES. Monday, 25th January, 1796.
Mr. James Jackson, from the committee to whom the constitutionality and validity of the act...
The committee to whom the constitutionality and validity of the act for the disposal of the western lands...
Resolved, That all such proofs relating to the fraud and corruption practiced to obtain the act...
Agreeably to the foregoing report and resolve, the affidavits taken before the committee...
GEORGIA, Burke county, 16th January, 1796. RUSSELL JONES, Senator from the county of Franklin...
Sworn in presence of the Committee of the House of Representatives, before me, THOMAS LEWIS, J. P.
STATE OF GEORGIA, Burke County. BEFORE Thomas Lewis, Esquire, one of the justices...
Sworn on the holy evangelists of almighty God, deposed and said, that during the last session of the legislature...
Another of the members of that house, before the speaker took the chair, the said Ginnat recommended to him...
he said Ginnat understood it worth our notice, for Mr. Thos. Wylie, a Senator from Ellington...
he said Ginnat further said that on the same day in the afternoon, the said Thos. Wylie came into the lobby...
commenced about the Yazoo land; that at this time a Mr. Denison came by and asked what we were upon...
the said Wylie answered the land business—the said Denison then came up and Wylie withdrew...
the said Denison then told the deponent that he did not pretend to advise any member to be in favour of selling the land...
but those who were in favour of it were handsomely provided for, and that if the deponent thought proper to be in favour of selling, that he should have part, and that the said Denison said he was a purchaser of such of the members' parts as had a mind to sell...
but understood that some or ten members pretended to ask eight or ten negroes for a share, or their share, he said he could not give to much but the deponent might depend he would purchase the deponent's further that previous to any of the before recited circumstances, Mr. William Longstreet, one of the members of the said legislature, frequently called on the deponent and asked him why he was not in favour of selling the western lands...
1 CERTIFY, that the foregoing were the answers of James Meriwether to the questions of the committee...
THOS. LEWIS, J. P. Questions asked PHILIP CLAYTON, Esquire.
Quest. 1. Were you intimately acquainted with Robert Thomas, Esquire, deceased, one of the Senators of the State of Georgia...
2d. Had you or had you not conversation with him on the subject of the sale of the western territory of this State...
3d. Did he or did he not tell you or give you to understand that he held a share or shares in some one or more of the companies who purchased the lands...
4th. Are you or are you not acquainted with some one or more of the grantees of the said companies...
5th. Have you or have you not heard the said Robert Thomas say, that he received any sum or sums of money from any of the companies...
6th. From every circumstance which has come to your knowledge, do you or do you not know or believe that the said Robert Thomas...
7th. Did you or did you not understand from the question you put to Robert Thomas, when he brought you the money, and the manner in which he answered it...
8th. Do you or do you not know the associates of the respective companies?
Quest. 1.—Answer. I was intimately acquainted with Mr. Thomas; he did live in my house during that session.
2d. He had before, at, and after the passing the act.
3d. After the passing of the act he brought a considerable sum of money to my house, and asked me to take care of it...
4th. I am acquainted with the grantees of the companies, I never heard it from any of them.
5th. I did not, but had my opinion.
6th. I do not know, but suppose they were, from general suppositions.
7th. I did suppose, from a knowledge of Mr. Thomas's circumstances that he could not have got that sum of money unless it had been in that way, either directly or indirectly.
8th. I do not. Mr. Longstreet executed a renunciation of dower of lands belonging to the Georgia company, in favor of Mr. Mather.
(Signed) PHILIP CLAYTON. Sworn to, as aforesaid.
JAMES TERRELL, Esq. being duly sworn, faith, Thomas Raburn, Esquire, one of the members of the last legislature...
(Signed) JAS. TERRELL. Sworn to, as aforesaid. (To be continued.)
ADVERTISEMENT. A GREABLE to a decree of the county of King and Queen—will be sold at Mr. John Miller's Tavern...
ALSO—will be sold on the 14th day of said month at King and Queen Court-House, it being court day.
COMMISSIONERS. ROBERT TAYLOR, or CHARLES DUNCAN. Peterburg, Nov. 24. eptf
TO RENT—For the ensuing year, THE WHITE HOUSE at Hanover Court-house, together with the lots adjoining thereto...
Dec. 1. BARBARY O. THILMAN. NOTICE. WE the undersigned, partners in the late concerns of BUCHANAN, DUNLOP & Co. at Peterburg...
DAVID BUCHANAN. By ROBERT POLLOK, his Attorney. ROBERT POLLOK. Virginia, Peterburg, Dec. 6, 1804. (ep3m)
ENOCH SULLIVAN, JEWELLER & HAIR-WORKER, (First door below the Eagle Tavern.)
BEES leave to inform the public that he has for Sale, A RATIONAL ASSORTMENT OF JEWELRY & SILVER WARE...
LADIES ELEGANT COMBS, POCKET BOOKS, &c. Dec. 8. eptf
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. [eptf]
HUGH J. CRAWFORD. Just Received, per the ship Alexander, from London: A general Assortment of Genuine DRUGS & MEDICINES...
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...
EDWARD HALLAM. Richmond, September 26.
WASHING TON TAVERN. THE subscriber has taken a lease of this tenement for a number of years, and has put it in a state of repair...
EDWARD HALLAM. Richmond, September 26.
WASHING TON TAVERN. THE subscriber has taken a lease of this tenement for a number of years, and has put it in a state of repair...
EDWARD HALLAM. Richmond, September 26.
CASH WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [eptf]
NOTICE IS HEREBY GIVEN TO THE DEBTORS OF ROSS & FORD, THAT in compliance with my duty as assignee...
December 22. (f) NEIL M'COULL.
IRISH LINENS & 5-4 IRISH SHEETINGS. THE SUBSCRIBERS have just received from Belfast a handsome assortment of 7-8th & 4-8th IRISH LINENS, and 5-4th IRISH SHEETINGS...
December 20. ELLIS & ALLEN. [ep 4v]
T. SULLY, Portrait and Miniature Painter. SPECIMENS of his work may be seen at his rooms above Dunniture & Turner's Grocery, Main-Street, Richmond. December 4. (eptf)
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.
November 14. JOHN ELLIS. W. COWAN, WATCH AND CLOCK MAKER, one door below the Eagle Tavern repairs Watches and Clocks of every description...
December 4. (eptf)
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 during the last summer, by a few gentlemen, of whom some are now in this city...
Richmond, Dec. 11th, 1804. 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...
THE four largest lots are of excellent quality, each containing a considerable proportion of the richest soil...
Dec. 1. ROBERT POLLOK. THE WHITE HOUSE at Hanover Court-house, together with the lots adjoining thereto, that are not attached to the Tavern.
Dec. 1. BARBARY O. THILMAN. NOTICE. WE the undersigned, partners in the late concerns of BUCHANAN, DUNLOP & Co. at Peterburg...
DAVID BUCHANAN. By ROBERT POLLOK, his Attorney. ROBERT POLLOK. Virginia, Peterburg, Dec. 6, 1804. (ep3m)
ENOCH SULLIVAN, JEWELLER & HAIR-WORKER, (First door below the Eagle Tavern.)
BEES leave to inform the public that he has for Sale, A RATIONAL ASSORTMENT OF JEWELRY & SILVER WARE...
LADIES ELEGANT COMBS, POCKET BOOKS, &c. Dec. 8. eptf
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. [eptf]
HUGH J. CRAWFORD. Just Received, per the ship Alexander, from London: A general Assortment of Genuine DRUGS & MEDICINES...
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
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...
EDWARD HALLAM. Richmond, September 26.
NOTICE. GENERAL meeting of the Stock-holders will be held at the Bank-Place, on the first Monday in January next...
In order that a list of the real share-holders may be exhibited, those persons who have not sent in the receipts granted by the commissioners...
NOTICE. ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Peterburg, ROBERT POLLOK & CO. of Richmond, and DUNLOP, POLLOK & CO. of Manchester...
JOHN DUNLOP, Attorney For JAMES DUNLOP. Peterburg, Nov. 15, 1804. eptf
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...
COGNAC BRANDY, of superior quality. December 11. WHITE CHIMNEYS. THE subscriber wishes to rent the Tavern and Store House at this place, either altogether or separately...
FRANCIS GALVAN. White Chimneys, Dec. 15, 1804. (eptf.) BROKER'S OFFICE. THE Subscriber has opened a Broker's Office, opposite the Union Tavern...
THOMAS NORVELL. October 3. if BOOKS. Just received at the Office of the Enquirer, a small assortment of BOOKS (of elegant London editions) which will be sold at the Philadelphia prices.
Among them are: A NACHARIS'S Travels, with Maps, 4 vols. in boards, 8 00
Tooke's Life of Catharine 2nd in 2 vols. 6 00
History of Catharine 2nd Empress of Russia, by J. Castré, translated from the French by H. Hunter, with heads, 2 75
Historical and Philosophical Memoirs of Pius 6th from the French, in 2 vols. 5 00
Memoirs of the house of Medici from the French of Mr. Tenhove, with Vignettes in 2 vols. 4 00
The Life of Lorenzo de Medici, called the Magnificent, by Roscoe, with Vignettes, in 3 vols. 9 00
Kippis's Life of Capt. Cook, elegant 4 to Modern Traveller; containing the compressed travels of Mungo Park, Ledyard, Lucas, Sonnini, Browne, Savary, Volney, and Le Vaillant, in Africa; in 4 vols. 4 80
Stavornius's Voyages to the E. Indies, with Maps, in 3 vols. 7 50
Meares's Travels from China to the N.W. of America, with plates, in 2 vols. 8 40
Stolberg's Travels through Germany, Switzerland, Italy and Sicily, translated from the German by Holcroft, with plates, in 4 vols. 8 00
Spallanzani's Travels, with plates, in 4 vols. 7 75
De Non's Travels in Egypt in 2 vols. 5 00
Do. do. in Sicily and Malta, 2 25
Life and Adventures of Robinson Crusoe, printed by Stockdale, with superb plates, in 2 vols. 8 40
Marmontel's Belisarius, with plates 1 75
The Wanderer, or, original Tales and Essays, by Charles Fothergill, in 2 vols. 3 25
Frederic, from the French of Mr. Piécée, London 1802, in 3 vols. 3 00
Julia Mandeville in 2 vols. 1 50
The Farmer of Ingleswood Forest by Mrs. Helme in 4 vols. (a tale peculiarly calculated to instruct and warn the young Virginian.) 3 50
St. Leon, 4 vols. 4 00
Jacques Le Fataliste et Son Maître, par Diderot, 2 vols. 2 00
H3"> Hull's Moral Tales, in Verse, Poems by a Gentleman of Cornwall 2 vols. 2 50
Pleasures of Memory and Hope, Cauchie's Terrible Transformation, Moore's Anacreon Bound; Do. do. Half-bound, 1 50
Little's Poems, Report of the trial of Lord Headfort; a case of Crim. Con. with a Speech of Mr. Curran, &c. 0 50
Mayor's Natural History, Do. Poetry, Sheridan's and Henderson's practical method of reciting English Poetry. 1 00
Animal Biography, by Bingley, in 3 vols. 9 00
Sturms's Reflections with plates, in 3 vols. 3 25
British Synonymy, by Mrs. Piozzi, in 2 vols. 4 00
Cowan on Education, in 2 vols. A new Treatise, in considerable repute, 2 50
Sacred Dramas, by Madame de Genlis, The Principles of Asiatic Monarchies, by Patton, 1 37 1/2
Volney's view of the United States, in boards 2 00
Do. do. do. bound 2 50
Any one may procure a book from Philadelphia, by leaving its title and his name at the Office of the Enquirer. January 1.
BLANKS. The following Blanks, printed on a handsome Script Type, may be had at the office of the Enquirer.
D. C. BANK Checks, (plain) - pr. quire 1
do. do. (ruled) - - 1 25
Negotiable Notes, - - 1
Ditto on fine paper, - - 1 25
BANK OF VIRGINIA. Richmond, Dec. 12, 1804.
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER.