Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-12-04 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 28 of Volume IX.]
FRIDAY, December 4, 1807.
[WHOLE No. 444.]
CONGRESS.
HOUSE OF REPRESENTATIVES.
Tuesday, November 10.
Debate on the Bill, making further appropriation for the support of the Navy, during the year 1807.
Mr. Quincy wished to ask a question of the chairman of the committee of Ways and Means. In the estimate which they had received from the Secretary of the Navy, it was stated that the timber procured was "for building 73 gun-boats;" the appropriation in the bill was "for the Navy;" he wished to know the reason for this variance; whether this timber was the same as that specified for the gun-boats; if so, whether it was any thing else than gun-boat timber?
Mr. G. W. Campbell said, that he would endeavour to satisfy the gentleman from Massachusetts. Upon conversing with the Secretary of the Navy, the committee were informed that this timber was procured of such quality, that it might answer any ordinary naval purpose; it was perhaps contemplated to be used for the erection of gun-boats; but had been so selected that it could be appropriated to other purposes, if necessary.
Mr. Quincy said, the committee would recollect that in the communication from the President of the United States to this house, he first states that he has made a greater provision of those articles of military stores, with which we were not before sufficiently furnished; he then states that he had also incurred some expenses, unprovided for, for gun-boats. Mr. Q. understood by the communication from the Treasury and Navy departments, that the present appropriation was for extraordinary expenses incurred for the Navy, other than those which come under the general name of military stores, and not including those expenses for gun-boats. He asked of the chairman of Ways and Means, merely for information, whether these extraordinary expenses were those which the President alluded to? Whether expenses not produced to the house, were not yet behind the curtain? Whether they were the whole expenses that had been incurred?
Mr. G. W. Campbell said, he could only answer to the gentleman's inquiries, that, as the message from the President of the United States had informed the house that certain extraordinary expenses had been incurred, and that estimates would be laid before them; and as such estimates had been laid before the house, the committee had conceived that these expenses were the same as those mentioned by the President, and acted upon them under that impression. They had no information before them from which they could inform the house whether there were other expenditures made, and they had not inquired whether the message had reference to any other.
Mr. Quincy hoped the committee would excuse him, if he proposed another question. The committee would perceive that in the documents accompanying the bill, there was a statement of articles said to be purchased. He wished to know of the committee of Ways and Means, whether, in the common sense of the word, these articles were actually purchased and paid for, or only contracted for? If purchased, and paid for, out of what monies the payment had been made? from the private resources of the Secretary of the Navy; or from appropriations destined to other objects. The committee would see the direction he wished to give to this inquiry; that this committee might know before they voted this appropriation, the course which had been adopted by the officers of the Navy Department.
Mr. Eppes said, that neither he, or any other member of this house, could satisfy all the inquiries of the gentleman from Massachusetts. All the expenses provided for by this law were not authorised by existing laws. Under the extraordinary circumstances which had occurred on the 22d of June last, at a time when the gentleman from Massachusetts himself had declared that the most violent attack which ever disgraced the country was made, the executive had the choice of two courses either im-
mediately to convene the representatives of the people, or to demand reparation from Great Britain. As the last was the course pointed out by the laws and example of nations, it was deemed proper to postpone the meeting of the legislature till it could be ascertained whether or not the outrage had been authorised by the British government. In the mean time it was deemed necessary to provide for such exigencies as might occur. Under former appropriations military stores had been procured; but all the stores thus obtained were found to belong properly to the War Department; and although the Department of war was sufficiently supplied with Salt-petre, the Navy Department was not; and in case of any pressing emergency, it would have become necessary to purchase it at a high price. If it was asked why salt-petre was purchased in preference to powder, it was because it had been found that powder could not be preserved in magazines; on this account it was thought better to purchase the ingredients for making powder than to purchase the article itself, as it could be made as fast as wanted. He believed that all the other items of the stores depended on a similar principle.
Under the existing law of the land, the president was authorized to increase the marine corps to the number of 1000: under present circumstances he thought proper to exercise that power. No appropriation has been made for the purpose; but it was presumed that if the law provided the power of increasing this corps, it intended that they should be supported and clothed.
As to timber the same reasoning would apply. It was thought essential to make preparations to guard our defenceless ports, and to prevent our cities from being burnt or destroyed. With a view to this purpose it was thought proper to procure a quantity of timber for gun-boats; and in order to enable the legislature to give such a form to the preparations for the defence of our harbours as they should think fit, the timber was so selected as to suit any purpose. And if it should not be necessary to make use of this timber, it was well known that it could be sold without loss.
There had been no other expense incurred than those rendered necessary by the situation in which the country was placed by the attack on the Chesapeake; and he believed the present bill included every additional expenditure that was made.
Mr. Quincy observed, that in making these inquiries his intention was not to cast any blame on the incurring of these expenses. His single object was that he and the house might understand how the thing was done? He did not perceive that either the chairman of the committee of ways and means, or the gentleman last up, had answered the question. One of them had detailed at length the proceedings since the affair of the Chesapeake which Mr. Q. did not wish to condemn. He wished the house should understand in what manner this business had been managed. Situated as he was upon this floor, possessing no more means of information than any other gentleman in the house, he understood that the article had been purchased and paid for. Reasoning in his own mind on this subject, as he would on any subject in common life, he could see but three funds from which this 600,000 dollars could be derived. The first fund was the treasury; it was certainly not obtained thence, as they all knew that the treasurer cannot pay any money but by warrants; and the secretary cannot issue any warrant, except on an appropriation by law. This then was not the fund; the next arose from the secretary of the navy having in his hands appropriations of money destined for purposes authorized by law which he may have applied to purposes which were not so authorized. He did not believe that there was so much more money than was necessary appropriated to any specific objects in the hands of the secretary as would enable him to meet these additional expenses without affecting other appropriations.
Mr. Q. could then only suppose that the secretary of the navy had purchased and paid for these articles, from his own private purse or that of some other person. He wished to know how it was? If he could not obtain information this
way, he must try some other. He wished that the laws of the country should be so modified, as to give all security to the individual who had taken on himself so great a responsibility.
Mr. G. W. Campbell said he understood that the gentleman's objections, at first were not against the appropriation or the propriety of making it; but now, he wished to know, whether a subordinate officer had actually paid this money, or whether it remained unpaid; and if paid, where the secretary got the money to pay it. For himself, he considered it of no importance in what manner the money was paid, whether in dollars or in bank notes, or in any other way. The president had declared that he deemed it necessary to procure these materials, because appearances indicated an approaching rupture; if they had not been procured then, they might have become scarce, and perhaps could not be had at all. The materials were stored; the secretary of the navy had said that they were purchased. He conceived it immaterial whether the money was actually paid, or whether any individual had become responsible for it. It was not usual for the committee of Ways and Means, or for the house to go into minutiae, or to inquire whether the money were paid in one way or in another. He asked the gentleman from Massachusetts if it were paid a month ago, or should be paid a month hence. The gentleman seemed to endeavour to propose some question that would produce difficulty; he professed to be in favour of the appropriation, and yet wished to throw some obstacle in the way to obstruct its passage. Even had the secretary appropriated money to this exigency which had been otherwise appropriated, it was a customary measure. There was a time when this doctrine was advocated by the very gentlemen who now seemed to oppose it. Mr. G. here read that part of the message from the president to congress which relates to this subject. He then contended, that this proved that the articles spoken of were secured, and that the persons of whom they were procured were satisfied with the security of government for the purchase. If the propriety of incurring these expenses were brought into question, it might be necessary to give some answer to objections which should be offered. But as it seemed that the propriety of the measure was not questioned, he should go no further into the subject.
Mr. Randolph said, from what he had heard of the debate, it appeared to him, that some doctrines had been advanced by the gentleman on his left (Mr. Campbell) which had not been heretofore considered as the true old whig doctrine; the true republican or democratically doctrine. He had heard it stated, with some surprise, that the misappropriation of public money, or in other words, to apply public money which had been appropriated for one object to another, was a matter of little importance, and unworthy of being made a question of inquiry in this House. He thought very differently. He had not heard much of the debate; but he had heard enough to convince him that an alarming—a damaging heresy on the subject of politics, was likely to become prevalent in this body.—Mr. R. said he would take the liberty of reading an extract from the first communication which the present President of the U. S. made to Congress, in which he recommended it as prudent to multiply barriers against the misapplication of public money, by confining expenditures to express appropriations. Mr. R. read the passage he alluded to, as follows: "In our care too of the public contributions intrusted to our direction, it would be prudent to multiply barriers against their dissipation, by appropriating specific sums to every specific purpose susceptible of definition: by disallowing all applications of money varying from the appropriation in object or transcending it in amount: by reducing the undefined field of contingencies, and thereby circumscribing discretionary powers over money; and by bringing back to a single department all accountability for money, where the examination may be prompt, efficacious and uniform." Those opinions, said he, are at total variance with the doctrine now advanced—the present doctrine
threatens a war of extermination to those opinions. Doctrines which were then held sacred, and on which he had always acted, and upon which he trusted he should always continue to act, appeared now to be deserted.
The gentleman from Tennessee (Mr. Campbell) had stated, that there was a time when certain gentlemen sanctioned the doctrines for which he now contended. It was equally true, he said, that there were others who, contemporaneously too, defended the principles for which he now contended. Does the gentleman from Tennessee consider us as political roundabouts to be changed by changing circumstances? If this be the fact, the sooner we know it the better.
Mr. R. called the attention of the house to an inquiry formerly made into the conduct of general Hamilton, supported by a colleague of his now in the Senate. What was the crime alleged against the general? It was, that he had applied monies appropriated for one purpose to defray the expense of another. This was the charge which was then made and supported with great ability.
Mr. R. allowed that the crisis which occasioned the extraordinary expenses in question was an eminent one. It was so critical, that congress ought to have been immediately convened, in order that they might have given authority by law for these extraordinary expenses, and for adopting such measures as national feeling and national honour called for.
He confessed he felt extremely reluctant to vote large sums for the support of our degraded and disgraced navy, for expenses too that had been illegally incurred. He had endeavored in vain to procure Gallatin on Finance (which certainly ought to be in their library.) In this book, he recollected a case exactly opposite to the present, where the President of the United States during the Pennsylvania insurrection, made use of money to defray the expenses incurred, which had been appropriated for a different object; but not having the book in his possession he would not venture to quote it lest he should not do it correctly. Mr. R. concluded by saying, that when he rose he did not mean to have said so much on the subject. If any thing had escaped him grating to many gentleman's feelings, he hoped it would not be ascribed to an intention to offend: but he could not withhold his indignation on hearing such anti-republican and highly federal opinions as had been supported by the gentleman from Tennessee.
Mr. Fisk said, that the bill now before the House was to provide for two objects: the one, authorized by law, to wit the increase of the marine corps; the other unauthorized, the procuring of timber and purchase of ordnance, &c. The Secretary of the Navy told them, in his communication and in his letter to the committee of Ways and Means, that they had no stock of these articles on hand; and that salt-petre was wanting, and was then purchased at the lowest price; timber also had been procured, which was in the highest degree necessary for the defence of our ports and harbours. It would not be doubted but the President had a right to make these provisions; he should have thought him deficient in duty if he had not done it.—The President had thought it advantageous to lay in these stores, from the aspect of the times; it simply rested with the House to say whether this appropriation should be made or withheld. If in paying this money, or appropriating it, any fault had been committed by the officers of government, if they had exceeded or violated their trusts, it would be time enough to enquire into it when it came properly before the House.
The gentleman from Virginia considered these doctrines as anti-republican; whether this were the case or not, the example had been set before. There was a case on record which would justify them. He alluded to a bill passed the first session of the ninth Congress.
He thought it, therefore, very immaterial whether money had been paid out of the monies not appropriated, or out of monies otherwise appropriated. It was conceived that Congress would justify the act by an actual appropriation.—The only part of the expenditure which the House could object to, was that which

related to salt-petre and naval stores; and he conceived these had been purchased with a due regard to the interest of the country.
Mr. G. W. Campbell, regretted very much that the gentleman from Virginia, had misunderstood him, or had mistated what had fallen from him. What he had said was this, and this only; that there might be a case which would authorize the application of money destined for one purpose to another; he was not prepared to say that this was such a case, but that such a case might happen. He felt surprised that the doctrines were stigmatized as anti-republican or federal, and that it had been said they were playing a game of political roundabout; the expression was not surely meant to convey an idea that they were now advocating a doctrine which they had once opposed? He had said that it was unnecessary to enquire whether these sums were paid or not; he had not said it was immaterial whence they had been drawn, if they were paid. He appealed to the Chairman and to the House if these were not the expressions he had used. He thought that the exigency would warrant the purchase of these materials; the president had told them there were extraordinary expenditures; hence he could not see how this question involved the principle of applying money destined for one purpose to another.
He felt as much reluctance to vote for large naval appropriations as the gentleman from Virginia; he never had been in favour of them, nor ever should be. He conceived that if any thing could authorize such expenditures this outrage did; and if the President had neglected to put the nation in a state of defence, the people would have had reason to complain of the inefficiency of government: it was the duty of the President to adopt such measures as would have been authorized by Congress had they been sitting at the time.
The question now was, whether the house would sanction these expenditures or not; whether the exigency of the case would justify them? He had not expected that objections would have been made to the details of the bill, or that it would have become a question whether the money was actually paid by the Secretary of the navy or not.
Mr. Quincy said, that the question he had asked was so simple and direct that he could not see how the chairman of the committee of ways and means or any other member could have mistaken it. These articles had been purchased three months ago; was it not clear that there was interest due on the purchase; how was it to be paid? If no interest was due, the monies of the United States had been applied; if the interest was due, where was the specific appropriation to pay it? He asked these questions for information, and not with a design to create difficulty. As to the passage quoted by the gentleman from Vermont, with a design to show the similarity of the proposed measure to one formerly adopted, that was an expense authorized by law, for which a sum of money had been appropriated by law, but which was not sufficient to cover the whole expenditure: this was an expenditure which had not been authorized.
Mr. Randolph said, if the gentleman from Tennessee had not before played a roundabout game, he appeared now to have done it. The gentleman might explain away what he had said, but he did not make his argument different from what he had understood it.
He thanked the gentleman from Vermont (Mr. Fisk) for having referred him to a former report of a committee of ways and means in which he, as chairman of that committee had made a similar application to the secretary of the navy for information to that now recommended, and to which a definite answer was given. He supposed the gentleman by quoting only a part of the report, did not mean to garble it. [Mr. R. read the letter which he wrote to the secretary for information, and his reply.] Mr. R. said at that session he reprehended the conduct of that officer and in this very particular.
Mr. R. certainly understood the gentleman from Tennessee to say, that it did not matter whether the Secretary of the Navy had paid for the extraordinary supplies in question in bank notes or specie, or whether they were paid for at all. Now, he was of opinion that it did matter very materially. He reminded the gentleman that he did not appear in opposition on this occasion. He came into the House without knowing what question was before it. He was told the question was for the committee to rise; but he had heard doctrines delivered which he considered subversive of opin-
ions which he and the republicans with whom he had acted, had always considered sacred. But he was not advocating principles which the gentleman from Tennessee had opposed. He never recollected to have seen him in opposition; he meant to cast no such imputation upon him. Mr. R. said he did not mean to oppose the present appropriation; for though he should do it reluctantly, he meant, to vote in favour of it. But he felt the same reluctance in giving this vote, that he should feel in paying a gambling debt to a swindler. He considered the navy of the U. States disgraced, and he felt the same kind of reluctance in appropriating money for its support, which a master felt at paying the expenses of an unprofitable and disgraced servant.
Mr. Smilie said, the gentleman from Massachusetts had inquired whether money had been actually paid for these specific articles, or were contracts only made for them; on this point he could not satisfy the gentleman. He thought the only question on the passage of this bill was, would the house cover these expenditures, by an appropriation or not? They had a right to answer this plain question in the affirmative or negative; but it appeared doubtful whether they would answer at all. He thought he perceived from the questions of the gentleman from Massachusetts an intention to cast some imputation of a criminal nature on the President of the United States; or on the Secretary of the navy; whether such criminality existed or not, was not the question before the house. It had been customary, whenever the Secretary of the navy or any other officer of the government, had made disbursements which were not authorized, to cover them by an appropriation. This question, therefore, did not necessarily involve any inquiry of the kind which had been made.
He did not mean to point out the propriety or impropriety of the arguments which gentlemen had used. If they believed that the conduct of the executive had not been correct, they would not vote for the appropriation. It had been said that Congress should have been convened immediately; it was true the President had a right to call them sooner if he had thought the interest of the country required it; but he had postponed the meeting till the fermentation should have subsided, and an answer might have been received from Great Britain to be demanded which had been made for reparation. It had been convened then so early in the season as the month of August they could not have come here to legislate without danger to their health.
Mr. S. was in favour of specific appropriations, and against the practice of drawing money from the treasury without appropriation previously made; but every gentleman knew that there were cases in which this form must be dispensed with, and in this instance he thought the circumstances of the case justified the measures adopted.
Mr. Dana perceived it was not in the power of the chairman of the committee of Ways and Means to answer the inquiries which had been made, because he would not permit himself to indulge a thought that he possessed the desired information and yet withheld it. He thought the want of this information might lead to a misstatement of facts; and though he did not pretend to be in the secrets of the cabinet, he was inclined to the opinion that a full disclosure would be more satisfactory to the House, and to the people. If this were made, they would be denied the liberty of roving at will, conjecturing as they chose. But, said he, are we not called upon to grant money, and shall we not know for what purpose? Does the President call upon us for an appropriation, and shall we not have leave to inquire what expenses it is intended to cover? The very act they were about to pass was declaratory of their appropriation of the conduct of the Executive; they were therefore entitled to information on the subject. As the representatives of the people, to the peculiar guardians of the public treasury, they were entitled to it.
He believed that no blame should attach to the Secretary of the Navy, or any other person on account of this expenditure; but in every case in which money had been expended without order, the least that could be expected was a fair disclosure of the circumstances attending the transaction. Could not the Executive and departments trust to the candour and liberality of the House? Did they refuse to confide in the House? Mr. D. was desirous of the fullest information, which he thought would redound more to the credit of the administration than this silence on the subject.
Waring the right to make these inquiries, he thought then two questions occurred for consideration. The first was the great broad question, whether or not it was proper for Congress to make appropriations to cover expenditures of public money not previously authorized by law. Prior to the year 1801, expenses were incurred with the express sanction of Congress; they were incurred with a view to the public service in cases of emergency. It was then discretionary with Congress either to approve or disapprove this conduct; if they approved it they passed a bill making an appropriation to cover the expenditure. In 1801, from the highest authority, a doctrine the reverse of this was avowed; that it was a part of political prudence to discountenance and disallow all applications of money to purposes not authorized by law; so that if money destined for one object was applied to another, or money unappropriated was applied to any object without being authorized by law, this doctrine went to disallow it. In 1807, when public expectation was directed to the executive, it had been thought proper to incur certain expenses for insuring the public safety. A public officer, who, in a moment of public exigency undertakes to purchase supplies, may rely on public support. If the legislature condemns the procedure, the officer must bear the loss. Would you, said Mr. D., had you been assembled at this time, with a knowledge of all the existing circumstances—would you have authorized these expenses to be incurred? This was the fair question, and was presented to them under favourable circumstances for determination. In 1807, this doctrine had been contradicted, disavowed; it was with satisfaction he now observed that practice taking place under high authority which had before been denounced. He felt highly gratified with this change, and certainly would not reproach gentlemen for it; they had learnt wisdom by an experience of six years, which had taught them the error of their doctrines; the privilege of being wiser on this day than five years since ought not to be denied. He declared then, that as respected the general principle, he concurred decidedly with the executive.
The second question was on the particular subject; should they advocate expenditures for these particular purposes, supposing that they had particular information on the subject? As respected the subsistence for seamen, repairs for vessels, &c. they were previously authorized by law. The president was authorized to increase the number of seamen, but the appropriation already made would not cover the additional expense. It was beyond all question, that as this power had been given to the president, congress were pledged to cover the expenditure. The next article was for pay and subsistence of the marine corps. There was a clear power vested in the president to increase this corps; and as congress had authorized that, they were pledged to defray the additional expenses. Passing by ordnance and military stores, the last article was for timber for the navy. He could have wished that this article had been something more explicit; he apprehended it was timber for gun-boats; if so, on that subject there seemed to be some question. He found in the estimate of the Naval expenditures, timber for 73 gun-boats; he did not doubt but they might be useful; but they were not designated by name in the bill, and should they be found to be useless, the stigma might be cast on the Navy generally. As respects this timber, for gun-boats, he asked, had there been any authority given to the Executive of the U. S. to purchase such timber? At the last session of this body, there was before the House a bill authorizing, (among other objects) the building a number of gun-boats, but which failed of success. A motion was made by himself to strike out the words "for building gun-boats," so as to authorize the provision of timber for general naval purposes. Against this motion he found a long list of names, for it had no high authority to recommend it. They could have the whole number of gun-boats that were necessary built in one month, even if it were a thousand. For himself he was now clearly in favour of timber for gun-boats, not because he considered them an adequate defence for the U. S. but as they might be useful in some cases to a certain extent, as a subordinate part of a system of defence; this was their true character. Thence it was that the erection of gun-boats gave so much amusement to mischievous tongues and editors, when considered as forming in themselves a system of defence. He was clearly in favour of pursuing the same plan as that for which he had before vo-
ted; and the gentlemen who had condemned the measure proposed by himself last session, might vote for the same now, as it was backed by higher authority. [Debate to be continued.]
CONGRESS. HOUSE OF REPRESENTATIVES.
November 25.
Mr. Talmadge offered the following resolution:
Resolved, That the Secretary for the Department of War be directed to lay before this House a statement of the respective numbers of officers, non-commissioned officers and soldiers, composing the army of the U. S. noting the numbers wanting to complete the present establishment.
Resolved, That the Secretary for the Department of War be directed to lay before this House a statement of the respective numbers of volunteers, either of artillery, cavalry, or infantry, whose services have been offered and accepted, in pursuance of the act entitled, "An act authorizing the President of the U. S. to accept the service of a number of volunteer companies, not exceeding 30,000 men."
Which being read, Mr. Talmadge said, that it would be remembered when the President had transmitted his message to Congress at the opening of the session, one part of it related to what might be the probable situation of the country, and to the necessity that might exist for raising a regular army. Mr. T. presumed that every gentleman on the floor felt the same sentiment with respect to the importance of the preservation of the honor of the nation, and in order that they might be prepared to meet any possible event, it became essentially necessary to know what was our actual force. This was the object of the first resolution which he had proposed. He wished to know not only what that force was, but how far it was deficient. Another reason which operated strongly on his mind was that the House never failed at each session to vote money for the support of the army and navy of the U. States; they certainly could not make the exact appropriations required, without knowing what the actual force of the army was.
With respect to the second resolution, it would be remembered that an act was passed in February, 1807, authorizing the President to accept of the services of any number of volunteers, not exceeding 30,000, which act was to remain in force for two years. It became important to know how far volunteer companies had offered, and how far this force might be brought into the field in case of emergency. An act had also passed in April, 1806, authorizing the President to call out 100,000 militia, to continue in force two years from its date, and would of course expire next April. These were the different species of force on which the President could calculate on an emergency. That the House might know the exact force of the union, and how far it might be relied on were the reasons which induced him to move these resolutions at this time.
A desultory conversation took place as to the ability of the Executive to give the information called for in the second resolution, in which Messrs. Talmadge, Thomas, Dana, Quincy, Chandler, Durrell, Alston, Upham, and Smilie took part, when the resolutions were agreed to without a division.
An engrossed bill for the incorporation of a Baptist church in the city of Washington was passed, 63 to 26.
November 26.
Mr. Lloyd presented a memorial praying that the monument in honor of the officers who fell in the attack of Tripoli, imported from Europe by their brother officers, be admitted free of duty. Referred to the committee of Commerce and Manufactures.
Nov. 27.
Mr. J. Clay presented a memorial from sundry merchants in the city of Philadelphia, praying for the repeal of the non-importation law. Mr. Clay moved to refer it to the committee of Commerce and Manufactures; on this motion of reference a long debate ensued. The motion for reference was finally rejected by yeas and nays, 80 to 50, and no order taken on the memorial.
SENATE OF THE UNITED STATES.
November 20.
This day Dr. Mitchell reported a bill to appropriate money for the construction of an additional number of gun-boats. The number is left blank in the bill; but a document from the navy department,

which accompanies it, states that it is thought that 188 more gun-boats will be wanted, in addition to the 69 already provided.
This bill came under the consideration of the Senate on Monday, but was postponed we believe, with the view of having the whole subject of defence generally before the Senate before it acted on any one part of it.
Yesterday Mr. Adams from a committee appointed on a part of the President's message, reported to the Senate a bill for the preservation of peace and maintenance of the authority of the U. States in the ports harbors and waters under their jurisdiction, which received a first reading.
The bill is very long and contains numerous important details. The outlines are as follows:
It authorises the President to permit or interdict, at his discretion, the entrance of our harbors to all armed vessels belonging to a foreign power, and by force to repel and move them from the same, except in certain specified cases, in which cases the said vessels are to conform to rules prescribed by the Executive.
It further, in consequence of the late conduct of the British prohibits the entrance of any British armed vessel into the harbors or waters of the U. States, except when driven in by stress of weather or when charged with dispatches; provided that whenever reparation shall be made, to the satisfaction of the President, for the outrages committed on the national sovereignty, it shall be lawful for the President to remove the interdiction.
On such vessel refusing to depart, she shall be deemed to have made a hostile invasion of the territory of the U. S. and shall be proceeded against as an enemy, and may be seized and brought in and forfeited, and shall accrue wholly to the captors.
All specific intercourse with such vessel is forbidden.
The President is authorised to use the land forces and militia to seize such vessel.
He is also empowered to refuse admission to any vessel belonging to the subjects of the nation whose armed vessel shall so remain in the harbors of the U. States.
It empowers any person or persons to burn, sink or destroy any such vessel, for which a bounty of _____ dollars is offered on each gun of said vessel.
It authorises the President, to carry this act into effect to fit out all the armed vessels of the U. S.
Mr. Mitchell , from the committee on that part of the message of the President of the United States, which relates to the defence of our sea-port towns and harbors, reported, in part, the following letter from the Secretary of the Navy; also a bill to appropriate money for the construction of an additional number of gun-boats.
Navy Department, 18th November, 1807.
SIR,
In answer to your letter of the 16th inst. in which you ask for such information in relation "to the defence of our sea-port towns and harbors, and the further provision to be made for their security," as the navy department may possess: I have the honor to state that in aid of the fixed fortifications, which will be submitted by the Secretary of war, it is presumed that there will be required at the ports and harbors, mentioned below, the number of gun-boats annexed to them respectively, viz.
At New-Orleans, 16, Savannah, 8, St. Mary's, 4, Charleston, S. C. 10, Georgetown, do. 1, Wilmington, N. C. 3, Ocracoke, 4, Albemarle Sound, 1, Norfolk, 60, Alexandria, 2, Baltimore, 3, Philadelphia, 4, Delaware bay and river, 10, Egg harbor, N. J. 1, Amboy, 2, New York, 30, Long Island, 4, New London, 6, Connecticut Shore, 6, New Port, R. I. 12, Tiaverton, 1, Boston, 12, Salem and Newburyport, 6, Portland, 6, New Bedford, 4, Marblehead and Cape Ann, 2, York, Kennebec and Saco, 2, Kennebec, Sheepscot, Damariscotta, Broad Bay, St. George's, 3, Penobscot, 3, Frenchman's Bay, 2, Passamaquoddy Bay, 3, Portsmouth, N. H. 4, Making in all, 257
Of which we have at this time provided, 69
Would leave to be provided, 188 gun-boats. The building of these gun-boats is estimated on an average at $ 5000 each.
188 gun-boats at $ 5000 each $ 940,000
Deduct the amount of timber contracted for, as stated in the exhibit of extraordinary expenses incurred by the navy department since the 22d June last, 87,500
Would leave to be appropriated for building of 188 gun-boats, $ 852,500
Respectfully submitted, Rt. SMITH. Hon. Samuel L. Mitchell, Chairman of a Committee of the Senate.
Washington City, November 27. The Senate was on Wednesday engaged on the bill for authorising the building of an additional number of gun-boats. After considerable debate, the further consideration of the bill was postponed till Monday next.
On Thursday the Senate was engaged on the bill, reported by Mr. Adams, "For the preservation of peace and maintenance of the authority of the United States, in the ports, harbors, and waters under their jurisdiction." Much debate likewise ensued on the provisions of this bill, when the Senate adjourned without coming to any decision.
BOSTON, Nov. 17.
Captain Babson, who arrived yesterday, informs, that it was reported 90 000 French troops were to march into Spain. The fleet at Cadiz was preparing for sea with great activity. It consisted of 9 sail of the line and 8 frigates and a squadron was expected from the Mediterranean to join them. Some persons conjectured a sudden attack was to be made on Gibraltar, by land and sea.
NEW-YORK, Nov. 20.
Wasp .—This morning the United States sloop of war Wasp , from Boston went up to the Navy Yard at the Wallabout. She is a beautiful, as well as warm looking ship, and in our opinion worth all the Gun-Boats belonging to the Navy for war purposes. On passing Fort Jay she fired a salute.
Washington-City, November 29.
Extract of a letter from a respectable citizen of the U. S. captain of a trading vessel on Lake Erie, dated Fort Erie Roads, October 23d, 1807.
"The sound of war reaches us in this remote place from all quarters. What the result may be we can only conjecture. We, however, repose full faith and confidence in the wisdom and patriotism of those who administer our happy government, to devise ways and means best calculated to protect the lives and property of the inhabitants on the borders of the United States, adjoining Canada. The British have armed all their vessels on this lake, viz. the Camden Snow of 18 guns, the Gen. Hunter a brig of 10 guns, and all their merchant vessels. On Lake Ontario, as I am informed, the Duke of Kent, a snow of 18 guns, a ship, the name I have forgot, of 24 guns, and the Governor's yacht; the latter a few days since exercised her men and guns along side the brig Adams."
"Should hostilities actually take place between the U. S. and G. Britain the ports of Michillimackinac & Chicago, it is most probable it would be the first places the British would strike, to expose a more extensive frontier to the Indians whom they are tampering with to obtain an alliance. Those, however, at Buffalo appear disposed to be peaceable, and remain neutral, as their chief says, so see how bad white people can behave to each other."
The following is an extract of a letter dated Boston, November 17.
"We learn by a vessel just arrived from England, that Mr. Munroe took leave of the British king Oct. 7th. It is reported he sailed on the 11th. It is stated that the British administration have transmitted their ultimatum to their ambassador at Washington."
Extract of a letter from New-York.
"The ship James arrived at Boston on Tuesday in a short passage from Liverpool. Her London papers are to the 12 of October. They informed that on the 7th Mr. Munroe had his audience of leave of the king preparatory to embarking. His instructions are said to have been too limited to enable him to bring the negotiations to a conclusion, and that therefore the British ultimatum will be, or has been forwarded to their minister in this country. No blockading order has been issued against the
French. Russia has shut her ports against the English, and the Eyder is declared in a state of blockade. Mr. Munroe, one account says, sailed 11th October in the Revenge . Other accounts say he will return in a merchant vessel."
Further accounts received, by the mail last night, confirm the contents of the foregoing letter and add that Mr. Munroe was expected to embark in a private vessel from Cowes.
The Revenge is stated to have sailed the 10th or 11th of October. The Ledger says the ultimatum of the British government had been dispatched to Mr. Erskine. Liverpool papers to the 14th do not think a war inevitable.
The Danish court had not recognised the capitulation of Copenhagen. But the English were bringing off great quantities of naval stores; a fleet of transports, with part of these stores arrived in England, the 7th October.
The New-York Evening Post says—A gentleman passenger had a conversation with Munroe, of the 10 of Oct. and was told by the minister that he found it absolutely necessary to come home and have a personal conference with the President, as the last instructions had lettered him so that it was impossible to conclude a negotiation with the British government. He added that he was prepared to state to the President, how far Great Britain would yield certain points, and in what particulars she would remain immovable; that there must be some mutual concessions, and that he still hoped that no insurmountable obstacles existed to an amicable and satisfactory adjustment of the concerns of the two countries.
The Russians.—By an arrival at Salem on Monday last, information was received that the Russians had detained all the English vessels in the port of Cronstadt.
LONDON October 8.
At the levee yesterday, Mr. Monroe, the American Ambassador, was presented to his majesty, by the master of ceremonies. His excellency took leave of his majesty previous to his departure for America. Mr. Munroe is succeeded in his embassy, by Mr. Pinckney.—Previous to the levee, Mr. Munroe had an interview with Mr. Canning.
[The above ceremony is generally dispensed with, when Ministers leave the British court dissatisfied.]
OCTOBER 9.
Mr. Munroe the American Minister had his final interview with Mr. Canning on Wednesday. His departure is in no respect connected with the dispute with America. The final answer of our government on that subject has already been sent off to Mr. Erskine.
Mr. Munroe is not to embark in the Augusta , from Cowes. The Revenge , is to sail from Plymouth, about the 12th October.—The Augusta , was to sail from London for Norfolk Oct. 30.
OCTOBER 12.
That most important matter, the question of peace or war with America, is now decided, as far as a decision can take place in this country. Our ministers have delivered to Mr. Munroe and Mr. Pinckney their final answer, in regard to all the leading points of the dispute.—This answer is of a nature on which it is by no means falls within the powers of the American envoy to decide, and it now becomes their duty to submit the whole, in the speediest manner, to their government.—Mr. Munroe is preparing for an early departure, but he has not yet determined whether he will go out in the Augustus or the Revenge .
The intention of a general blockade of the enemy's ports is now said to be relinquished from an apprehension that it would injure the import of our manufactures into the continent. The American merchants infer from this circumstance, and from the condescending manner of his majesty on Wednesday, when Mr. Munroe had his audience of leave that the chances are in favor of peace.—Nothing, however, can be affirmed with confidence until the disposition of the executive and of Congress be explicitly ascertained. Government have determined to recall Mr. Erskine and to send out a new ambassador; but, on whom this important choice will fall is not yet known with certainty.
FOR SALE.
A set of Dobson's edition of the Encyclopaedia . Apply to the Printer.
MARTINSBURG, December 4.
The suspension of the Non-Importation Act expires on the 14th of the present month. The expediency of its renewal or further suspension, or total repeal, must soon occupy the attention of Congress.
It appears from the returns which have been made and published in the Philadelphia papers , that the Constitutionalists have a majority of 3 in the house of Representatives of the state of Pennsylvania.
We understand that Gen. Moreau, about a week since, left Philadelphia for the Western country, it is said, for New-Orleans. His unexpected departure and the rapidity with which he has passed on his journey have excited considerable curiosity, not unmixed with suspicion, which seems principally to have arisen from the place to which he is said to be going. Information has been received of his passing through Lancaster and Chambersburg without having made any delay at either place. When we consider the distinguished character and unspotted reputation of Gen. Moreau, we cannot for a moment indulge the idea of his having any view hostile to the United States; and we think it highly probable that a very short time will bring to light the most satisfactory explanations of the objects of his journey, which may turn out to have been undertaken solely for the gratification of a laudable curiosity.
[Nat. Int.]
Extract of a letter from a respectable manufacturing house in Leeds, to a gentleman in Philadelphia, dated the 12th September.
"We have this day received your favour of the 3d August, and are much concerned to hear that a cry for war with England, in your country, is made by so numerous a party. It appears to us that besides the cruelty and expense of a war, that it is the interest and ought to be the wish of every good man to avoid so dreadful a calamity. Perhaps no two nations ever existed whose circumstances enabled them to assist each other so effectually, as England and America—and we think that in no epoch was there ever so much power lodged in one nation, as in that of France at the present moment. A nation restrained only from universal dominion, by the fleet of England, and if by any means whatever Bonaparte should obtain possession of it, where could any man look for independence, or even safety. Without touching the matters in dispute, which we do not perfectly comprehend, we think it must be obvious to every man of reflection, that should France unfortunately succeed in her views against us, America must inevitably share our fate. We are sorry also to hear that in the event of a war, a sequestration of our port property is apprehended. We cannot for a moment harbour a thought that the American government would act with so much injustice. Surely the property of innocent individuals will be held sacred. We have no more power to produce, or prevent a war, than you have—and that which we have intrusted to your private citizens, would be very unjustly taken from us, for an act of our government which we had not the influence to interdict."
Berkeley, ss.
February Court, 1805.
Michael M'Kewan, Complainant, AGAINST Abraham Davenport, Defendant, IN CHANCERY.
THE defendant, Abraham Davenport, not having entered his appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that he is not an inhabitant of this Commonwealth, on the motion of the Complainant by his Counsel, it is ordered, that said Abraham Davenport, do appear here on the Monday after the third Tuesday in February next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court House of said County.
A. Gove. Teste, DAVID HUNTER, c.s.c.
REES' CYCLOPEDIA to No. 9, inclusive, is received at this Office: Subscribers are requested to lift them immediately.

FOR SALE, A VALUABLE Negro Woman, about 28 years of age, that is well acquainted with every kind of house work. WILLIAM BENTLEY. Berkeley county, Nov. 27, 1807.
THE subscriber as Guardian of Magnus Muse, wishes to lease to a good tenant for a term of 5 or 6 years, a valuable FARM in the county of Jefferson, on which is a good log dwelling house, kitchen and about 250 acres of cleared land, 25 or 30 acres of which is in meadow, a fine spring and stream of water running through said farm—The greater proportion of the cleared land is fresh, being but recently cleared—If it would be an accommodation to persons wishing to lease said farm, they can be furnished with slaves on hire to work the same. The subscriber wishes also to make sale of sixty or seventy acres of small grain, growing on said farm. Apply in Charles-Town, Jefferson county. WILLIAM TATE. November 27, 1807.
COMMITTED to the jail of Jefferson county on Friday the 20th instant, a Negro Man who calls himself BILL , about 35 years of age, five feet six or seven inches high, has his right foot froze off from the instep, had on a pair of white homemade trowsers, no shirt, and his other clothing extremely ragged, and indiscernible. WILLIAM MALIN , jailor. Nov. 27, 1807.
NEARLY two years have elapsed since the dissolution of the partnership of Morrow & Brown , during which time I have anxiously been waiting for those persons indebted to said concern to come forward and discharge their respective accounts, in which I have been disappointed—I now request all those indebted to said concern, or to myself in any manner whatever, to make immediate payment to Mr. Robert Worthington, whom I have authorised to receive the same—Those who neglect attending to this notice, within a short time, must calculate upon suits being commenced, as it is impossible to give any longer indulgence. JOHN MORROW. Shepherd's-Town, Nov. 27, 1807.
COMMITTED to the jail of Berkeley county, the 4th September last, a mulatto man, who says his name is Peter Waldon , and that he is the property of John Tays, of Kenawa, near Elk town; he is about 37 years of age, about 6 feet high, rather slender made, has large whiskers, and is very talkative—I have reason to believe that he was lately in the Winchester jail from which he effected his escape. MOSES COLLINS , jailor. November 27, 1807.
Virginia Lands For Sale.
THE subscriber offers for sale several Tracts of Limestone Land, of the first rate quality, containing from 150 to 300 acres, well watered and timbered, lying within half a mile of the Potomac river, in Berkeley County, about seven miles above Williamsport and ten from Martinsburg. For terms apply to the subscriber on the premises. GEORGE NEWKIRK. September 18, 1807.
GAVIN & WM. HAMILTON, TOBACONISTS—Philadelphia,
RETURN their thanks to their friends and former customers in the Country Towns, and inform them they will hereafter decline soliciting their favours personally, or by their agents, and refer them for their future supplies of Snuff, to the wholesale dealers in Baltimore, George-Town, Alexandria, Frederickburg, Richmond, Petersburg, and Norfolk, or to themselves in Philadelphia, at prices considerably reduced from the former. November 13, 1807.
Fresh Fall Goods,
JUST received and now opening by the subscribers—the quantity extensive—the variety fashionable—and terms the most reasonable—the entire selections and purchases made by the acting partner at the Philadelphia Cash Markets , from whose experience and ardent perseverance, to please customers particularly, and the public generally, on the most reasonable terms, it is presumable, the present assortment will exhibit the most flattering recommendations.
From an extensive and late importation of European and East-India manufactures, have been selected the following articles, viz.
 Superfine London Broad Cloths,  Common ditto,  Brown and mixt Coatings,  Forest Cloths, Halfstuffs and Kerseys,  Baize, white, red, green and yellow Flannels,  Superfine Scarlet, &c. Cassimeres,  Bennet's patent Cord,  Do. do. Fancy Waistcoatings,  Do. Cotton do.  White, olive, mixt and black Constitution, &c. Cords,  Plain Velvets and Velveteens, assorted, Fancy do. and do. Thicksets,  A handsome assortment of Woolen and Cotton Hosiery,  A handsome assortment of the most fashionable Japaned Tea-Trays,  Ladies Head Trimmings,  Do. Feathers and Plumes,  Plain, Spotted, and Trafalgar Leno Muslins,  Do. Spider Net,  ditto ditto Shawls and Handkerchiefs,  Furniture Calicoes,  ditto Tussels,  Chintzes and Calicoes,  Fancy and plain Ribbons, well assorted,  Silk and Cotton Umbrellas,  Fancy and plain Silks, for Ladies dresses,  Silk Shawls and Handkerchiefs,  Cotton Cords and Tassels,  Ladies short, and extra Long Silk Gloves,  6-4 Cambric and 3-4 Dimities, completely assorted,  Silk & Cotton Chambroy Muslins ditto do.  6-4 and 3-4 Cambric Muslins, ditto do.  India Muslins, per bale, piece, or yard,  ditto Common and Superfine book Muslins.  Leghorn Hats and Bonnets, trimmed complete,  Plain and figured Silk, ditto,  Fancy Satin Straw, ditto,  A general assortment of fine Brussels Lace and Edgings,  4-4 and 7-8 Irish Linens,  White and brown Russia Sheetings,  ditto Ticklenburghs,  Country Linen and Twilled Bags,  A neat assortment of well finished Jewellery,  Mahogany framed Looking Glasses,  Common Dressing and pocket, ditto,  An elegant assortment of China and Queen's ware,  A large assortment of Groceries,  Also a quantity of Antietam Iron, completely assorted,  Crowley and Blistered Steel,  Sheet and Strap Iron.  They respectfully return thanks for all favours conferred in their line of business since commencement. With a desire to retain a liberal share of public patronage in the Mercantile business, as well as to give general satisfaction, they beg leave to subscribe themselves, the public's most ob't and humble serv'ts. THOMAS C. SMITH, & Co. Martinsburg, October 28, 1807.
N. B. They still offer for sale the House and Lot, occupied by Mr. Levi Price, in which they will give a great bargain. For terms apply to THOMAS C. SMITH.
NOTICE.
A PETITION will be presented to the General Assembly at its next session, praying that a law may pass for the appointment of Commissioners with power to regulate the police of the town of Bath, and to raise, by way of Lottery, or otherwise, a sum of money for the improvement of the Public Square within the same. October 16, 1807.
REV. J. J. WILMER , being detained, on account of settlement, will be at hand to wait on the People; and promises advantage, to a few orderly Pupils, who will attend, with dispositions, to receive instruction, through the winter. Martinsburg, 13th Nov. 1807.
FALL and WINTER GOODS.
THE subscribers inform their friends (customers at a distance) and the public in general, that they are now opening, at their store (by the Market-House) in Shepherd's-Town, a very extensive and complete assortment of
Fresh Woolen Goods, together with the most elegant assortment of
Nice Fancy Goods,
ever opened in this part of the country all which they will sell very cheap, by wholesale and retail. JAMES & JOHN LANE.
P. S. They continue to give the highest price in Cash for Hides and Skins—and have prime Soap, Upper and Harness Leather, with nice Calf-Skins and Boot-Legs for sale. Shepherd's-Town, Novr. 13, 1807.
L. Price
Has just finished opening a large supply of New Goods, which were purchased principally for Cash, and will be sold unusually low.
His late purchases comprize the following articles: Upwards of 30 pieces Flannels, assorted, and lower than they have ever been sold in this place before, Brown Molekin Coating, for Ladies' Coats, Silk Gloves, assorted, Cambric Dimities, assorted, Elegant Tabby Velvets and Trafalgar Vest-Shapes, Cotton Laces, assorted, Soap and Upper Leather, &c. &c. His assortment is now very complete. Martinsburg, October 16, 1807.
Fresh Fall Goods,
THE subscriber has now open and ready for sale, in addition to those recently received,
A large and general assortment of Fall and Winter Goods, Liquors and Groceries, of the first quality,
all of which will be sold uncommonly low, for Cash or Country Produce, or on a short credit to punctual customers. JAMES FAULKNER. Martinsburg, November 6, 1807.
New Goods.
THE subscriber has just finished opening a large supply of Winter Goods,
which, added to his former stock, makes his assortment very complete, all which he will sell very Cheap. WILLIAM B. KING.
N. B. I wish to sell all my stock of GOODS now on hand; any person wishing to purchase, will find it their interest to call, as I will sell on good terms. Wm. B. KING. Mill Creek, November 6, 1807.
WILL be sold on the 7th day of December next, at the house of the subscriber, one waggon, four horses and gears, by virtue of a deed of trust, executed by Jacob Lancecaskus to the subscriber, to secure the sum of seven hundred and fifty dollars, to a certain Samuel Harris, or so much thereof as may be necessary to raise the sum of seven hundred and fifty dollars. Terms of sale to be cash, where a good and sufficient conveyance will be given, by JACOB ALLSTAT , Trustee. Nov. 6, 1807.
NOTICE.
A BARGAIN may be had in the purchase of the place where John Files and Basil Cross now reside, containing five hundred acres of good lime stone LAND, binding on Opecon-Creek, distant about five miles from this place and six from Shepherd's-Town. The buildings are comfortable, with a mill-seat on Opecon.—The title good, the price low and the payments will be made easy to a punctual man. Those who are inclined to buy, may know the terms on application to John Baker, Esq. at Shepherd's-Town. BENJAMIN ODEN. Martinsburg, Nov. 20, 1807.
SIX CENTS REWARD.
RAN away from the subscriber, an apprentice boy named Thomas Bennett, about twelve years of age; had on when he went away a blue roundabout and trowsers. Whoever takes up said apprentice, shall receive the above reward, but no thanks. JOHN DAUGHERTY. Shepherd's-Town, Nov. 20, 1807.
Public Sale.
PURSUANT to the last will and testament of Edward Watkins, deceased, will be sold at public auction, at Culpeper Court-House, on the first day of January next, about forty five choice healthy Virginia born slaves, Men and Women, Boys and Girls, mostly young and very likely; sundry articles of household furniture, twelve months credit will be allowed the purchaser, who must execute bonds with approved security for the purchase money, before any property will be delivered. WILLIAM PENDLETON, Ex'r. Berkeley County, Virginia, } July 31, 1807.
TANNING.
THE subscriber respectfully informs his friends, and the public generally, that he still continues the TANNING business on the property formerly occupied by John O'Ferrall, at which place he keeps a supply of good LEATHER of every kind.—He will pay the highest price in Cash for Hides, Skins and Bark.—He hopes to give satisfaction to every person who may please to favour him with their custom. GEORGE HAM. Martinsburg, November 6, 1807.
Notice is hereby given
TO all persons in Berkeley County, Virginia, that are or were indebted to me, which I have assigned to Walter Turner, not to pay him or his agents, any money as aforesaid, that they have not paid, for they in justice are not his property, as I have lately found a discharge from him and his wife for the consideration for which the bonds were assigned on Meij. John Robinson and Mr. Robert Christy, and the other assignments were made for him to collect the money for me; I had lost the receipts as aforesaid, and was not able to prove the contents, and he came from Chillicothe and tormented me when I was in confusion, so that I consented to assign them to him; but since I have found it I have applied to him to release the claim and to amend our answers before the trial of the suit in Berkeley, in which said debts are contested, but he still refuses. ROBERT WILCOX. November 13, 1807.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
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