Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-01-02 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER. SINT HIC ETIAM SUA PRÆMIA LAUDIS
Speech of Mr. Goodrich, in the Senate, on the third reading of Mr. Giles' bill, making further provision for enforcing the Embargo.
Mr. PRESIDENT,
This bill making further provision for enforcing the embargo, requires all our attention. We are not on ordinary business. An embargo for an indefinite period, over a great country like ours, abounding in rich staples and domestic products, and carrying on in its own vessels an extensive and profitable commerce, is a phenomenon in the civilized world.
In all this, sir, I see nothing that is to conciliate the conflicting opinions and passions of our citizens, and restore concord amongst them. I see nothing that will invigorate the publick councils, and resuscitate the dormant spirit and resources of the nation.
This bill bears marks of distrust, entertained by the government of the people or a considerable portion of them, and of the state authorities;—It places the coasting trade under further and vexatious restraints, as well as its general regulation under the control of the President:—It intrudes into the municipal polity of the states, and the intercourse of the people in their ordinary business;—And, what above all will wound the publick sentiment, for the accustomed and mild means of executing the laws by civil process through the tribunals of justice, it substitutes military powers to be called out and exercised, not in aid, but in place, of the civil authorities.
To show that this is a correct delineation of the character, principles, and provisions of the bill, I ask, sir, your attention to an elucidation of its most important sections.
Not having had time critically to examine the two first, which have lately been introduced by way of amendment, I pass them without remark, leaving it to gentlemen who may follow, to point out their extravagant and oppressive principles.
This bill, as I before observed to you, sir, subjects the coasting trade to further and vexatious restraints, and places it under the control of the President.
It is enacted (Section 3.) "It shall not be lawful to put on board any ship, vessel, or boat of any description whatever, any specie or goods, wares or merchandise, either of domestic or foreign growth, produce, or manufacture, and the same is hereby prohibited, unless a permit particularly stating the articles thus to be laden shall have been previously obtained from the collector of the district in which such ship, vessel, or boat may then be, or from a revenue officer especially authorized by the collector to grant such permits; nor unless the lading shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee, or factor of such ship, vessel, or boat shall, with the master, having given bond with one or more sureties to the United States in a sum six times the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor shall put any article on board of any other vessel; and that the whole cargo shall be reloaded either in the port where the vessel may then be, or in such other of the United States as shall be designated in the clearance. And it shall be lawful for the collector of the customs to refuse permission to put any cargo on board any such ship, vessel, or boat, whenever in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by direction of the President of the United States; Provided, that nothing contained in this section shall be construed to extend to any ship, vessel, or boat, uniformly employed in the navigation only of bays, sounds, rivers, and lakes within the jurisdiction of the United States, which shall have obtained a general permission, agreeably to the provisions in the section of this act."
The third section regulates all that branch of the coasting trade not confined to rivers, bays, sounds and lakes.
The sum required in the bond is six times the value of vessel and cargo, and, as is said by those well informed, in most cases will amount to fifteen or twenty thousand dollars. It is apprehended, that many coasters will not be able to obtain sureties for that sum. Many of the owners of coasting vessels, are men of moderate property, belonging to the middle class of society in point of wealth,
the most numerous and not least meritorious of citizens, whom sudden and adverse changes, and consequent loss of business, first affect and depress.
Should the excessive amount of the bonds drive this description of coasters out of their regular employment and throw it into the hands of competitors of larger capitals, we shall have an additional evil to those growing out of the embargo to deplore. The coasting trade is nearly ruined already by the destruction of the foreign trade. Both these valuable interests, like the other great interests of a free and commercial people, are interwoven with each other; and, while we are shut out from a commercial intercourse with the rest of the world, the government ought to afford by every facility in its power an encouragement to a commercial intercourse between the states.
The collectors may refuse permission to put a cargo on board of any ship, vessel or boat specified in this section, whenever in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by direction of the President of the United States.
Hereby the collectors are deputed to be viceroys over commerce in the spheres they occupy under the supremacy of the President. As we shall meet with an analogous provision in a subsequent paragraph, I at present wave further remarks on the dangerous policy of vesting the President with such enormous powers.
The fifth section treats of the trade uniformly carried on in rivers, bays, sounds and lakes. It is enacted, "that the collectors of the customs be, and they are hereby authorized to grant, under such general instructions as the president of the United States may give to that effect, a general permission to ships, vessels, or boats, whose employment has uniformly been confined to the navigation of bays, sounds, rivers, or lakes within the jurisdiction of the United States, when it can be done without danger of the embargo being violated, to take on board at any time such articles of domestic or foreign growth as may be designated in such general permission or permissions, bond with one or more sureties being previously given to the United States by the owner, owners, consignee, or factors of such ship, vessel, or boat, and by the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, during the time limited in the condition of the bond, depart from any district of the United States without having previously obtained a clearance, nor until the master or commander shall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not, during the time above mentioned, proceed to any other port than that mentioned in her clearance, or put any article on board of any other vessel, or be employed in any foreign trade; and that on every voyage or trip, the whole of the cargo shall be landed in a port of the United States within the bay, sound, rivers or lakes to which the navigation of such vessel is confined."
The amount of the bond prescribed in this clause, is three hundred dollars for each ton of the vessel; and it is not less objectionable on account of its magnitude, than in the case I have just animadverted on, whether compared with the relative abilities of the two classes of coasters on whom the respective provisions operate, or the objects in view; and it is more grievous to the districts of country dependent on the trade and intimately concerned in its prosperity. The navigation of the ocean, we deny, and have long denied to our citizens; that between states is insisted; and I fear we are going on, from time to time, by piece meal, to offer up the trade between districts of the same state at the shrine of our embargo system.
The coasting trade is placed under the regulation of the president by this bill.
1st. Collectors may refuse permission to put a cargo on board of any ship, vessel, or boat, in every case where they have their own personal suspicions, that it is intended for foreign exportation, and in every case which may be comprehended within the scope of any general instructions issued by command of the president. But there is a proviso as to coasting vessels uniformly employed in the navigation of bays, sounds, rivers, and lakes, which shall have obtained a general permission.
2d. General permissions may be granted to the last mentioned vessels, under such general instructions as the president of the United States may give, when it can be done without danger of the embargo being violated, to take on board such articles as may be designated in such general permission or permissions.
By these general instructions, the president may prescribe the kind and quantity of exports from, and imports into the individual states, and from and to the particular districts within a state. He may suspend them in part or in whole.
The power of issuing general instructions now proposed to be given to the president by law, he exercised in the recess of congress, and in my opinion without law. The governor of Massachusetts was authorised to give certificates, or licenses for the importation of flour into that state; and, under general instructions from the president, without personal suspicion of his own, the collector of Charleston, in South-Carolina, detained a vessel; which called forth the independent exercise of the judicial power of the circuit court in that state, to controul the president's instructions. I am sensible, the administration and its friends have an arduous task in executing the embargo; difficulties beset them on every side; difficulties inherent in the measure itself, and not to be overcome by accumulating rigorous penalties, and an extension of the executive power. The power to regulate commerce is vested
in congress; and by granting it to the president, do we not transfer to him one of the most important and delicate of the legislative powers? What state would have adopted the constitution, if it had been foreseen that this power would be granted to any man however distinguished by office?
I will in this place notice one or two objectionable clauses in the bill not immediately connected with either of the points I have discussed.
By a clause in the 8th section, it is provided, that in a suit on a bond for not re-landing goods, wares, and merchandise, and failing to produce a certificate thereof, capture, distress, or any other accident shall not be given in plea, or admitted in evidence in any such suit. The doctrine here assumed, that capture, distress, or any other accident, shall not be pleaded or given in evidence, infringes the first principles of justice, and involves innocence in the punishment of guilt, together with its disgraceful and ruinous consequences. The crime created by the bill, is that of a person's clearing out a vessel and cargo for a port in the United States, and voluntarily going contrary to law to a foreign port. To a case of capture, or being prevented by the act of God, from reaching the destined port, there can be no pretence of crime. And will congress declare an offence by statute, and deny to a party accused the right of pleading and giving in evidence the only matter of fact that goes to his exculpation? Or what use is the trial by jury, for ages revered as the palladium of innocence against the oppression of power, if it may thus be narrowed down and perverted? And for what cause is this principle to be introduced? Are courts and juries distrusted? And therefore is it that the established usages and rules of trial are to be abandoned? The secretary of the treasury (tis said) may remit and mitigate forfeitures and penalties; and he will give relief. So innocence is to sue, as a favour for relief, from penalties and forfeitures awarded to guilt, from a secretary of the treasury, when it is entitled to an acquittal in a court of justice.
It is made lawful by the 7th section of the bill, for collectors to withhold a license or register for a vessel, when sold, unless a bond shall be given by the owner previous to the sale, that such ship or vessel shall not contravene the embargo acts.
This provision infringes an essential right of property, and is as oppressive as it is unjust. Owners of vessels already deprived of their use by an embargo, are to be prevented from disposing of them in payment of their debts, or for other purposes, unless on condition of becoming bound for the good behaviour of all future owners of the vessel, in respect to the embargo acts, as long as they shall continue.
The sections I have considered, principally affect merchants and sea-faring men in their business, at stores, custom-houses, about wharves, ships, or vessels. But other sections take a wider range, and intrude on the ordinary concerns of the great body of the people, by the powers they give for unreasonable and arbitrary searches for, and seizures of their property.
Collectors of customs throughout the United States, by the 10th section, are empowered to take into custody, specie, or any articles of domestic growth or manufacture, under these circumstances—when deposited in unusual places—in unusual quantities—in places where there is reason to believe they are intended for exportation in vessels, sleighs, or other carriages, or in any manner apparently on their way towards the territories of foreign nations, or a place whence such articles are intended to be exported. And, when taken into custody, they are not permitted to be removed without bonds being given for their being re-landed in some place, whence, in the opinion of the collector, there is no danger of such articles being exported.
Without warrant, founded on proof, from suspicion only, may this unbounded license be exercised. Our houses, heretofore our castles, and the secure abode of our families, may be thrown open to the visits of collectors to search for and seize our money and goods, whenever instigated by suspicion, prejudice, resentment, or party spirit.
No place is to be protected; the people may everywhere be exposed, at home, on the way, and abroad. Specie and goods thus seized without warrant, and on suspicion only, are not to be removed unless, and until bond with sureties shall be given, for landing or delivering the same in some place of the United States, whence in the opinion of the collector, there shall not be any danger of such articles being exported. These provisions strike at the vital principles of a free government: And are they not contrary to the 4th and 5th articles of amendments to the constitution? Are not these searches and seizures, without warrant, on the mere suspicion of a collector, unreasonable searches and seizures? And is not a man thereby to be deprived of property without due process of law.
Such is the unprecedented nature and enormous extent of the powers given to the collectors by this bill, and by what means, and in what manner are they to be exercised? By the 11th section it is enacted, "That the powers given to the collectors, either by this or any other act respecting the embargo, to detain any vessel, or to take into their custody any articles for the purpose of preventing violations of the embargo, shall be exercised in conformity with such instructions as the president may give, and such general rules as he may prescribe for that purpose, made in pursuance of the powers aforesaid; which instructions and general rules the collectors shall be bound to obey: nor shall they be liable to any action, suit, or judgment on account of any detention of vessel, or for having taken articles into their custody in conformity with such instructions and general rules."
Here presidential instructions receive their last
seal and stamp of authority—They are made binding on collect rs, and, for acts done in pursuance of those instructions, they are to be irresponsible.
These instructions, according to the terms of the bill, are to become the supreme law of the land, and obligatory on the courts of the United States, and of the states. It may be said that, to render them authoritative, the instructions must be in pursuance of the powers granted by the bill to the collectors, and that they are mere executive directions given for the purpose of producing a uniform and systematic course of proceedings among collectors. It is true this is their object and intendment, why is the clause inserted? Since the establishment of the treasury department, it has been the practice of the secretary of the treasury to issue instructions to subordinate officers; but this favourite embargo, to which all considerations are made to bend, offers the first instance of an attempt to give to them the force of laws. And a critical attention to the section shows, that such is its intendment. Although it is declared that, to have effect of laws, the president's instructions must be in pursuance of the powers granted by the bill to the collectors, it is to be remembered that collectors are to act in particular cases on their discretion, under the president's instructions, which are to be general; and neither the one or the other are defined nor limited by any precise rule. Both are arbitrary within the spheres of their general authorities. And the president's instructions are absolute on the collectors, and attempted to be made absolute on the court for their indemnity. They are to be issued from time to time, as supplementary laws to enforce the embargo. No direction is given by the bill for their being published, while they necessarily will and must have important effects on the rights and interests of our citizens. It would still be some consolation if this unpleasant enquiry might stop here; but we must enter on a more painful duty. I have before asked, by what means are these unprecedented powers to be executed? They are to be executed by military force not to be employed in aid of the civil authority, but in the first instance, in the place, and to the exclusion of the civil authority.
By the 12th section "it is made lawful for the President of the United States, or such other person as he shall have empowered, to employ such part of the land or naval forces of the United States, or of the military thereof as may be judged necessary for the purpose, in conformity with the provisions of this and other acts respecting the embargo, of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, or keeping in custody any ship or vessel, or of taking into custody and guarding any articles of domestic growth, produce, or manufacture, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom-house officers in the exercise of their duties, or in any manner opposing the execution of the laws laying an embargo, or otherwise violating, or assisting and abetting violations of the same."
The military may be employed by such person as the President may have empowered. He may designate, at certain places in the states, persons to call out such part of the land or naval forces of the United States, or of the militia as may be judged necessary: These will be selected who are most convenient and in all respects qualified to act in the scenes, to which they may be called. In these appointments the Senate is to have no concurrence. They are to be Presidential agents for issuing requisitions to the standing army, or militia, and not amenable to any tribunal for their conduct. Heretofore a delicate and respectful attention has been paid to the state authorities on this subject. The requisitions of the general government for the militia have been made to the governors of the states.—And what reason is there for taking a different course to enforce the embargo?
Under our present system, have not insurrections been suppressed, rebellions quelled, and combinations and resistance against lawful authority overcome by the force of the general government in co-operation with the state governments? Is not the authority of the marshal's competent to the execution of the laws? I see no cause for these arrays of the military throughout the country, and the unrestrained license that is to be given to its operations. It is a fundamental principle of a free government, that the military be kept in subordination to the civil powers, and never be put in motion till those be found incompetent to preserve the publick peace, and authority. But by the provisions of this bill, these Presidential agents may call out the standing army or militia, or part of them to follow in the collector's train; to seize specie and goods, in houses, stores, and elsewhere, and generally for executing the embargo laws. And even the publick peace, so far as respects the suppressing armed and riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, it would seem can no longer be confined to the states; and it is thought necessary to surround custom house officers with bands of the standing army, or militia.
The bill before us is bottomed on a report of the secretary of the treasury. How often were his strenuous remonstrances, and those of the chairman of the committee who reported the bill, (Mr. Giles) formerly heard against the extension of executive patronage and influence? the interference of the general government in the local polity of the states, and the ordinary concerns of the people? and above all against standing armies? Then no such executive prerogatives were claimed as this bill contains; no such attempts made as here are made for intruchments on the internal polity of the states, and the ordinary concerns of the people, and then, our army, small in comparison, with its present establishment,

was kept aloof from the affairs of the state, and the persons and property of the citizens. Our country was happy, prosperous, and respected. The present crisis is portentous. Internal disquiets will not be healed, nor publick sentiment controuled by precipitate and rash measures. It is time for the publick councils to pause. This bill, sir, ought not to pass. It strikes at the vital principles of our republican system. It proposes to place the country in a time of peace under military law, the first appearance of which ought here to be resisted with all our talents, and efforts. It proposes to introduce a military despotism, to which freemen can never submit, and which can never govern, except by terror and carnage.
HOUSE OF REPRESENTATIVES.
THURSDAY, Dec. 22.
Sketch of the debate on the motion of Mr. Kelly, for a reference of the bill from the senate to enforce and make more effectual the act for laying an embargo, and all the several acts supplementary thereto, to a committee of the whole on Saturday. Several gentlemen having called for making the bill the order of the day for that day, or the next.
Mr. Gardiner said that he could not avoid expressing his astonishment that there could exist any difference of opinion on the reference to so early a period as Saturday. He was really astonished that any opposition could be manifested to it. He had expected that time at least would have been allowed for gentlemen to understand the provisions of the bill, before they should be called on to act upon it. It had but that morning been laid upon the table of the house, and it was impossible that members could understand and digest it, on merely hearing it once read by the clerk—but if he comprehended it, the bill was one which threatened in an alarming degree the civil rights and liberties of the people of the United States. It went to spread over the country a swarm of executive officers, who were to hold a kind of inquisitorial court upon almost every action of a man's life. He would, he observed humble himself before the overwhelming majority of the house, for one poor solitary day to examine the bearings of a bill, so fraught as he imagined, from what he had been able to gather of it, with danger to the liberties of his country. He had hoped that at least time would have been given for gentlemen to "cast one longing—lingering look behind" on the privileges which were to be denied them forever, before they should be compelled to plunge into the gulph which was to swallow up the freedom of the nation. It was not his wish to delay any proceedings of the house, but he would beg of the irresistible majority, who ruled the destinies of the country, to grant him one day, to reflect upon the bill before them, ere he should be called to vote upon it. He would humble himself to obtain one day at least to consider of it; one day longer to enjoy unimpaired the right of a freeman; for in his opinion, "a day, an hour of virtuous liberty, was worth a whole eternity of bondage."
Mr. Elliot said he was not in the situation of the gentleman from New York (Mr. Gardiner) with respect to the bill. He was well acquainted with it in all its bearings. He had marked it in its origin, and had traced it throughout the whole course of its progress; and at every step he had viewed it with increasing horror. It was his wish, that time might be allowed to those who had not been able to weigh and digest its principles and provisions, fully to understand and comprehend it. For his own part, it was immaterial to him at what time the house entered upon the discussion of the bill; he was prepared to discuss its merits and to vote upon it; and he would employ, when that time arrived, all the talents with which God had endowed him to prevent its passage. Yet although he was thus prepared, he would vote for the reference to Saturday, thinking it but reasonable to allow other gentlemen to inform themselves fully upon the subject of a bill so alarming to the rights and freedom of the country, and threatening such horrors upon the privileges of its citizens. A pause ought at least to be made before the house should pass a bill so dangerous and destructive in its operation, a bill which goes to increase the authority of the executive to an extent subversive of the liberties of the people, and is to clothe him with powers despotick and tyrannical in their nature. [The Speaker here informed the gentleman that he was not strictly in order, as he was about considering the merits of a bill which were not before the house.] Mr. E. said that he sincerely thanked the speaker for recalling him from the field of discussion into which feelings had nearly hurried him. It had been his wish, merely to state his desire, that the bill might be made the order of the day for Saturday; but he had been hurried away by the very important reflections which it gave rise to, and he again expressed his thanks to the speaker for reminding him of his wanderings.
Mrs. Smith made some remarks in answer to Messrs. Elliott and Gardiner, in which he maintained that the gentlemen who composed the majority were as firm supporters of the liberties of the people as any of the members who found themselves in the minority; that their object was not to prevent any one in the house having an opportunity to act understandingly upon the bill, but merely to avoid a useless waste of time. Some of Mr. Smith's observations were not distinctly heard.
Mr. Livermore could see no good reason why gentlemen should be unwilling to give others a space of time sufficient for them to become acquainted with the provisions and bearings of the bill. The gentleman from Pennsylvania (Mr. Smith) had said that the majority of the house were as much the supporters of the rights and liberties of the people as any of those in the minority. This Mr. L. would not deny. But that majority might introduce a bill which, to those who differed with them in opinion, might appear an alarming encroachment upon the privileges of the citizens of the country, and it was but just to yield them time to understand and be able to state their objections to the passage of the bill.
Mr. Eppes said, that gentlemen were pursuing a very singular course with regard to the bill; and on a mere question on what day it should be the order for they were entering into a discussion of its merits. This mode he could not but look upon with surprise, and regarded it as being improper. It would have the effect of creating a prejudice in the publick mind, against the contemplated law before its provisions could be made known to them. The gentlemen who found themselves in the minority, had asserted that the bill endangered the liberties of the people; yet they confessed that they had not
been able to understand it; this was a strange manner of acting. For his part if he had thought the bill infringed the liberties of the people, he would not thus indirectly endeavoured to render it unpopular with the publick, or side-ways attempted to delay its passage; but he would have manfully rose in his place and have moved its immediate and unequivocal rejection. But gentlemen had not chosen to do this. They had preferred to attack the bill in the undecided and irregular manner in which it had been done, under the plea of not having had time to understand it. He thought gentlemen had a sufficient opportunity of gaining knowledge upon the subject, while the bill was under the consideration of the other branch of the legislature where it originated. It had been framed in consequence of information contained in the report of the secretary of the treasury, long in the possession of every member of the house; and the report of the committee who had drafted it, must have been seen by all. Gentlemen could not then, with propriety, complain of their not having had time to understand the subject. He felt himself ready to enter upon its discussion, and did not wish to see its consideration delayed.
Mr. Kelly's object in making the motion for a reference to Saturday, had not been to delay the proceedings of the house, or to throw any unfair obstacles in the way of a passage of the measure demanded by gentlemen necessary from the situation of the country. He had merely wished to gain time—Nor could the difference of one day, be any object in the dispatch of business. He had not been able to understand the bill fully himself—and he believed other gentlemen were in the same predicament. He hoped the motion he had made would prevail.
Mr. Dana begged gentlemen to recollect that the house of representatives were not to judge of any measures but from such information as was properly before them. Gentlemen were not compelled by their appropriate duty to gain their knowledge upon any question before them, without the walls of the house, or from other documents than such as might be laid in the regular course of business upon their table. They were not obliged to attend in the galleries of another branch of the legislature, to guide them in their deliberations. They were not obliged to search in the lobbies or committee rooms of a higher part of the government to gain the knowledge which was necessary to enable them to act with propriety. They were not obliged to attend to the report of any committee of the Senate to direct them to the proper course they ought to pursue in regard to any bill. They were not obliged—[Mr. Eppes rose to explain.] He said he did not mean to say that gentlemen were obliged to attend to the proceedings of the other branch of the legislature. It had been his wish merely to observe that the report of the committee of the other house was in the possession of gentlemen; and that the subject had been under the consideration of that body for some time. The report of the committee of the Senate, had been placed upon the tables of gentlemen, and he considered it as much a document from which opinions might be formed as any that could be called for by the house. It had been bound up among his papers, and it was in his opinion proper to refer to it. Nor could he imagine that it was a crime to attend to the deliberations of the other branch of the legislature; and he very well recollected that when he was present at the time when a very important question was agitated in that body, the gentleman from Connecticut was in the gallery listening with as much attention as any one present. It was not his intention to say that gentlemen were obliged to do this, but there certainly was nothing in it.
Mr. Dana said that it had been far from his wish to express an opinion that such attendance was improper; but that gentlemen were not obliged in their appropriate duty to present themselves in the galleries of the other house, to attend to its deliberations, or to search for information in the reports of its select committees. However other gentlemen might be, he was not one of those who could pay this compound kind of attention to the proceedings of both houses. He did not understand this divisibility of faculty, that could have one eye for the course of business in the Senate, and the other for what was going on in the house of representatives. If any gentleman was disposed to think that talk without the walls of the house was to be taken as information to guide them within, he was not one of those. He was not disposed to risk to a decision of an important question without first having weighed, and reflected upon it. He even sometimes felt inclined to doubt the infallibility of his own judgment, and felt a wish to examine how others had wrote and thought upon similar subjects. The plain question was this—shall members be allowed 24 hours, in order that they may understand the subject before them, or not? Gentlemen seemed disposed to deny it to them; thus introducing a system which went to cripple the freedom of debate, and to force others to act without having information upon the points under consideration or having had time to understand them. He thought it important and indispensable that such time should be allowed them.
Mr. Lyon made a few remarks in which he said he was not surprised at the introduction of the bill from a body that had proposed the suspension of the habeas corpus act. He was not able to say, all he could think upon the subject; but believed that the bill was an alarming attack upon the people. Gentlemen might talk about its being only a temporary measure; but there could be no word like temporary in the principles of freedom. Liberty must be eternal and it was subverted the moment it became otherwise. [The Speaker informed Mr. Lyon that he was entering farther into the merits of the question than he was properly aware of.] Mr. L. then sat down.
Mr. Quincy said that it was not his wish to create a moments unnecessary delay, much less to throw any prejudice upon the minds of the people against the bill from the senate. But in the honest simplicity of his heart he had wished for time that he might understand and weigh the provisions and effects of it before he should be called upon to give his vote.
The question which they were debating was one which involved the prosperity and the happiness of the people of this country, and he wished to have time to perform with all his ability his duty to his constituents. Establish the doctrine (said Mr. Quincy) that you are about to do, and you are slaves! Take away the right of a member to have time to comprehend the subject to which he is to act, and your legislation is a farce. If that right
be denied to me; if I have not an opportunity given me to exercise my judgment upon the bill before you, I will not even condescend to speak upon it, but suffer it to pass in silence to the tribunal of the people, with all its horrors upon its head. If I am not permitted to have the short space of a day to enable me to declare my objections to it I will suffer it to be adopted without any obstacle from me, but I will raise such a question as shall guarantee me that right which I never will consent to yield. Sir, I was born free; and I intend to remain so.—That liberty which my father bequeathed to me as the dearest legacy, I will not suffer to be impaired; but will, as far as in me lies, transmit it to my children pure as I inherited it myself.
Mr. Bacon so far from being intimidated by any feat which might be displayed on the present occasion, he was rather pleased. In the natural world, he said, he generally calculated upon about so many storms a year; and he always rejoiced when one tempest had ended, as it ensured him a calm for a little time longer. He acknowledged, however, that he had not made up his own mind on the bill, and for that reason should wish it postponed until the next day. This he thought long enough. The gentleman from Vermont (Mr. Elliot) had said that he was prepared to enter upon the discussion at any time. The bill, therefore, might be taken up tomorrow, and that gentleman could enter upon the discussion. He would listen to him with pleasure, and by that time other gentlemen would be prepared to follow him. He thought a reference till next day long enough.
Mr. Elliot thought it rather extraordinary that his being prepared, should be made a plea for pressing the consideration of the bill. As to the storms spoken of by the gentleman from Massachusetts, they were much more congenial to his mind, than the lifeless calm of that gentleman's observations. The remarks of that member's colleague (Mr. Quincy) were as a storm, forcible and impetuous in its course, and characteristic of manly freedom; while his own had been soft and gentle as the whispering breeze that plays upon a bank of violets.
Mr. Macon was not himself prepared to vote upon the bill; and wished to allow time. He was not, however, of opinion that the bill partook of all the horrid features which had been ascribed to it. The embargo laws had been represented as dreadful in every respect, but this bill it was said was much more ugly and frightful than that. He recollected when the embargo was first proposed, gentlemen thought her so comely and beautiful a damsel, that the only dispute was, who should have the honour of introducing her. But it appeared that some of those who had been struck with her then, now looked upon her to be more disgusting than sin; and that this bill, her daughter, was more loathsome than the mother. He hoped the bill would be made the order of the day for Saturday.
Mr. Sloan said that he had been one of those who had been smitten with the charming appearance of the damsel alluded to; but thought it quite consistent that those who had courted her favour while they thought her beautiful and innocent, should shun her when she proved to be nothing but a filthy harlot.
Mr. Livermore had never been deceived by her. He thought her from the first sight to be a prostitute; and this her offspring, which was to be thrust upon them, was no better. He wished to get rid of them both.
Mr. Macon declared that he did not mean to accuse the gentleman from New-Jersey of having anything to do with the damsel in a filthy way. He had no doubt but that the gentleman had, as he declared, taken her to be virtuous; but it appeared that the gentleman from Massachusetts was more knowing; and had ascertained what she was at first.
Mr. Gardner spoke in favour of the postponement until Saturday, that gentlemen might have time to act understandingly. He was followed by Mr. Kelly in a few observations in support of his motion; when the question was taken and carried—ayes 61—noes 58.
[It will be seen in the proceedings of the 27th December, that the committee of the whole have been discharged from the consideration of this bill, and that it is referred to a select committee of seven for amendment. The majority were at first disposed to pass it without discussion; but when they found it would be discussed, they were glad to withdraw it; indeed it could not stand investigation.]—Ed. Led.
MONDAY, Dec. 26.
Mr. Nelson, from the committee to whom was referred so much of the message of the President of the United States, as related to the military and naval establishment, and to whom was referred on the 17th inst. a resolution for placing the country in a more complete state of defence, submitted the following
RESOLUTION IN PART.
Resolved, That it is expedient immediately to raise, arm and equip, fifty thousand volunteers to serve for the term of two years.
The following is annexed to the report. A proposition for raising fifty thousand Volunteers.
Will it not be advisable to propose raising an army of 50000 volunteers, to be engaged for two years, and to serve, if required, for actual service, any proportion of the term not exceeding 12 months within the term for which they shall be engaged; each non-commissioned officer, musician and private, to receive ten dollars bounty, and each commissioned officer to receive one month's pay when appointed, and the whole to receive pay and rations when attending musters, as well as when in actual service. The non-commissioned officers, musicians, and privates, to be armed and equipped by the publick, and to receive an uniform coat, vest, one pair of pantaloons, hat, two shirts, one pair of shoes, and a blanket, and if called into actual service for any term over three months, to receive other articles of clothing in proportion to the term of service, not exceeding in the whole, (including those first received) what are allowed to the soldiers in the regular army for one year. The whole to be mustered and exercised in companies four days within the first two months after being engaged, and six days in each succeeding year, and to meet and encamp in their respective states and territories thirty days in each year. No man to be enlisted into any company whose place of residence shall not be within a reasonable distance from the company parade to which he shall belong. A suitable number of inspectors to be appointed by the
president of the United States to direct (and inspect) the exercise of the troops when encamped, and to give directions for the drilling and exercise of the companies, and to direct and receive all returns, muster and pay rolls, to be transmitted to an adjutant and inspector general (to be appointed by the President of the United States) who shall give general instructions to all sub-inspectors for the drilling, exercise, discipline, and police of the volunteers, when not in actual service.
The officers to be appointed and commissioned by the president of the United States. The proposed corps to include as many of the volunteers who have offered their services under the act of 24th Feb. 1807, as shall engage in the volunteer army now proposed. The whole to consist of 44,000 infantry, 3000 artillery, and 3000 riflemen, to be organized into companies of 100 each, including officers, regiments of 1000, brigades of 5000, and divisions of 10,000 each, to have the usual staff, including surgeons and mates; the surgeons and mates to attend the annual encampment and actual service, and to receive pay only for their actual services at the same rate as allowed to regimental surgeons and mates in their corps of the army.
   Pay per month.     5 Major generals, p p per month, $ 166 830   10 Brigadier generals, 104 1040   50 Colonels, 75 3750   50 Lt. Colonels, 60 3000   50 Majors, 50 2500   500 Captains, 40 20000   500 Lieutenants, 30 15000   500 Ensigns 20 10000   50 Surgeons, 45 2250   50 Surgeons mates, 30 1500 59870   2000 Sergeants, 8 16000   2000 Corporals, 7 14000   1000 Musicians, 6 6000   43500 Privates, 5 217500 233500  
   Pay per month     2 1/2 months pay for the commissioned officers, $ 313370   1 1/2 ditto non-commissioned officers, musicians and privates, $ 134,707 50   1 1/2 months subsistence of the commissioned officers, at 20 cents per ration 316,875   1 1/2 months do. non-commissioned officers, at 15 cents per ration, 35,587 50   Clothing for non-commissioned officers, &c. at $ 14 each, 272,812 50   Bounty for do. at $ 10 each, 679,000   Tents, and contingent expenses per year, 485,000   Dolls. 160,000   2,083,982 50  
The first year's expense will be $ 2,100,000 The 2d year will be 800,000
NON-INTERCOURSE.
Mr. G. W. Campbell, from the committee on our foreign relations, to whom was referred the resolutions lately passed by this house on the subject, reported a bill to interdict commercial intercourse between the United States and Great-Britain and France and their dependencies, and for other purposes. Twice read, and referred to a committee of the whole on Wednesday next.
The following are the prominent features of the non-intercourse bill.
Exclusion from the harbours and waters of the United States, and the territories thereof of all publick ships and vessels belonging to Great-Britain or France, or any other belligerent power or powers having in force orders, edicts, or laws, violating the lawful commerce or neutral rights of the United States, excepting vessels forced in by stress of weather, pursuit of an enemy, such as are charged with despatches, or business from their governments, or packets haing no cargo nor merchandise on board. The president is authorized to expel by force all such vessels as contravene this regulation. A penalty not exceeding ten thousand dollars, nor less than one hundred dollars, and imprisonment for not less than one month, and not more than one year, upon all persons affording assistance to vessels entering contrary to the law, excepting in case of piloting them out of the jurisdiction of the United States. Authority to seize and condemn after a certain day, all vessels and their cargoes, bearing the French or English flag, or owned in whole or in part by any citizen or subject of either, which may enter the ports, &c. of the United States, &c. excepting only vessels expressly hired to convey despatches, such as put in through distress, or are chased in by an enemy. Prohibits after a certain day, of the importation of any goods or merchandise, the produce or manufacture of Great-Britain or France, or their dependencies either directly or indirectly, from any country whatever. The forfeiture and payment of treble value by the owners of any goods so prohibited, attempted to be introduced into the United States, on board of any ship or vessel, boat, raft, or carriage— forfeiture of the ship, vessel, boat, raft, or carriage, which shall receive prohibited goods on board, knowing them to be such, and the owner or master mulcted in treble the value of the articles; provision that if Great-Britain or France, revokes or modifies their orders, or decrees, so as to render our commerce sufficiently safe in the opinion of the president of the United States, of which revocation or modification he shall give publick notice by proclamation, the operation of this act and the embargo acts, shall, so far as relates to the nation making such revocation or modification, and to nations in amity with her, and having no orders, decrees, or edicts in force, violating the lawful commerce and neutral rights of the United States, forthwith cease and determine, without, however, any remission of previous fines and forfeitures. Vessels bound to any foreign port or place with which intercourse shall have been thus restored, are to give bond and approved security, in six times the value of such vessel and cargo, not to proceed to any foreign port, nor trade with any country other than those with which commercial intercourse shall have been thus permitted; the president vested with power to extend the provisions of the bill to any nations having in force edicts, &c. such as those of Great-Britain and France; and all the penalties, &c. of the bill, made applicable to them.
Tuesday, December 27.
On motion of Mr. G. W. Campbell, the house resolved itself into committee of the whole on the

bill reported yesterday, to continue the Mediterranean fund, which he stated to expire on the first of January, and therefore required a speedy decision by the house. Mr. Curts in the chair.
[The bill proposes to continue the fund for one year.]
The bill went through the committee of the whole, and was ordered to a third reading.
A letter was received from the secretary of the treasury inclosing the annual statement of the district tonnage of the United States. Ordered to be printed.
A letter was also received from the secretary of the treasury, inclosing the annual statement of the exports during the last year. Ordered to be printed.
Mr. Jackson moved that the committee of the whole be discharged from further consideration of the bill for enforcing the embargo, with a view to refer it to a select committee, to make amendments wished by its friends, which could not be made without difficulty in committee of the whole.
After a discussion of three hours and a half, the motion to discharge the committee of the whole from the further consideration of the bill, was carried, Ayes 70, and the bill committed to a select committee of seven members. Adjourned at five o'clock.
WASHINGTON CITY, Dec. 27.
The following is a copy of the letter of the secretary of the treasury, laid before the house of representatives yesterday by the speaker:
Treasury Department, Dec. 23d, 1808.
SIR, I have the honour to transmit herewith the estimates of the appropriations proposed for the service of the year 1809: also a statement of the receipts and expenditures at the treasury of the United States, for one year preceding the first day of October, 1808.
The appropriations are detailed in the estimates, as follows, viz:   For the civil list, $ 631,597 28  For miscellaneous expenses, 226,644 19  For intercourse with foreign nations, 169,050  For the military establishment, including the Indian department, 2,763,132 18  For the naval establishment, including the marine corps, 1,013,053 53  4,803,477 18 
Amounting in the whole to four millions, eight hundred and three thousand, four hundred and seventy-seven dollars and eighteen cents.
The funds out of which appropriations may be made for the purpose before mentioned, are first, the sum of six hundred thousand dollars of the proceeds of duties on import and tonnage, which will accrue in the year 1809, which sum is by law annually reserved for the support of government.
Secondly, The surplus of the revenue and income of the United States, which may accrue to the end of the year 1809, after satisfying the objects for which appropriations have been heretofore made.
I have the honour to be, Very respectfully, sir, Your obedient servant, ALBERT GALLATIN. The hon. the Speaker of the House of Representatives.
BOSTON, Dec. 22.
Latest from the South of Spain.
The ship Julia, Capt. Snow, anchored in the outer harbour yesterday afternoon from Valencia, via Gibraltar—Capt. S. left Valencia, Oct. 19, and the latter place the 24th. He has gazettes and letters to the date of his leaving Valencia, but did not bring them on shore. He reports, that the Spanish people are perfectly united in their cause and new government; that governors had been appointed to all the provinces in the kingdom; that 4000 English troops had been landed near Valencia, from Portugal, and had marched and formed a junction with 71,000 Spaniards, who were drawing near, and investing Barcelona, (which was by the last accounts in possession of the French) but it was thought they could not hold out long, as admiral Collingwood had a strong naval force blockading that port; that the French had, it was said, fifty thousand men at Pignon, for the relief of Barcelona, but that they had not attempted to enter:—that the day before he left Valencia, an agent for the general government requested him to stay a few days, to bring out dispatches to the government of the United States, and to the governments of the several states, the purport of which was to inform them, that all the Spanish ports were open to neutrals for a free trade. The day he left Gibraltar, accounts had been received from Madrid from the general Junta, announcing that all the American vessels, detained at Algiers, and other ports of Spain, should be immediately liberated. Bos. Gaz.
BALTIMORE, Dec. 27.
MARCHING ORDERS.
Rumour has been busy for several days, on the subject of the Camp at Carlise. The following extract of a letter from a highly respected officer, reduces the fact to a certainty.
Carlisle Barracks, Dec. 23, 1808.
SIR, I march from this to morrow for Pittsburgh, with two companies of Light Artillery. Report says, the remaining troops here, amounting to upwards of 800, are to march to Baltimore about the first of the year, where they are to embark for New-Orleans.
"Very respectfully, GEO: PETERS."
Mr. _____
From the Freeman's Journal.
VERMONT ELECTION.
No choice having been made in two of the congress districts in September last, a new election for two representatives to the next congress was held on the 12th inst. In the south east district, at present represented by Mr. Elliot, who declined a re-election, Mr. Hubbard a federalist, has been chosen by a majority of 679 votes over Mr. Leland, a democrat. In the north eastern district, Mr. Chamberlain, a federalist has a majority over Mr. Fisk, the present democratic representative of 141 votes, being a majority of the whole number. In the next congress, Vermont will have three federal and one democratic representatives. Mr. Lyon's speech in congress has, so far, proved prophetic. The Embargo tells!
THE PUBLICK LEDGER.
MONDAY EVENING, JAN. 2, 1809.
The Editor of this paper not having been able to dispose of his establishment on terms correspondent with publick and private considerations, informs his friends that the Norfolk Gazette and Publick Ledger will be conducted under his direction as heretofore.
The Editor avails himself of the present occasion to request those indebted to him to forward without delay their respective balances; without attention to this request, the continuation of this paper, is a matter which does not depend on the will of the Editor.
Ledger Office, Dec. 24th, 1808.
We would invite the attention of the reader to the article under the title of "Antiquities," from the Baltimore Federal Gazette, as well as that from the North American, such things are worth preserving. We hope our readers will mark Mr. Giles in 1794, and Mr. Giles in 1808. The editor of this paper was in the lobby of the House of Representatives, and heard Mr. Giles make the remarks stated in the article alluded to, which is only a brief summary of his speech on that occasion, he spoke at large, upon the injury which France would feel from the embargo. The editor knows well that other members assigned that as a reason for their votes, not indeed upon the floor of the House, no one that we recollect, did that but Mr. Giles.
Then indeed Mr. Giles could discover, that the farmers would be affected, that the danger being known individuals would provide for their safety.—At the time that Mr. Giles made those remarks the embargo had not been on 60 days, and yet individuals could provide for their safety; in 1808, twelve months are not deemed a sufficient time for individuals to provide for their safety.
But the thing above all others that ought to be remembered, is, that the property of the citizens of the United States was to be put in jeopardy because "France would suffer," by a continuance of the embargo, laid to save the property of the citizens of this country.—And yet there is no French influence in America, nothing but British influence, British partizans—aye, those words serve many a dull blockhead, and malicious declaimer, with the means of traducing men, whose talents they dread, and whose political virtues they are compelled to respect. When Pickering, Hillhouse, Quincy, Lloyd, Gardenier, and such men are called British partizans, no man need be ashamed of the appellation.
Patriotism.—The governor of the little state of Delaware, when he received the President's arbitrary command to draft the state quota of the standing army, very properly declined to issue any orders till he should first be informed of the object for which the troops were to be raised. He next wrote to Mr. White of the senate, desiring him to move in his place for such information. The information was refused and the governor, with the true spirit of the ruler of a free people, refused to issue his orders. So that if a bloody military is to be established in the country, and to be called out for butchery at the discretion, the caprice, or at the personal malevolence of a custom house officer, according to Giles's infamous bill, the state of Delaware will not participate in the guilty execution. Even Post.
ANTIQUITIES.
Communicated by the Old Baltimorean.
From the Federal Gazette of May 1794.
EXTRACT From Debate in the House of Representatives, on the Embargo. May 12, 1794.
Mr. NICHOLSON "had approved the embargo when enforced (March) and he now hoped that it would be repealed by as great a majority as that which voted for laying it on."
Mr. GILES.—He was for the embargo being taken off, because he understood that France would suffer considerably by its continuance; because it would materially affect the American finances, and because as the danger was now more fully known, merchants would beware of the danger, and provide more or less for their individual security. Farmers in the United States had entered into contracts of various kinds. For the discharge of these, they depended on the sale of their crops. He was originally for the measure which had answered many good purposes, by preventing American vessels from falling into the hands of British privateers."
May 12.—Mr. GILES approved of the idea of Mr. Gillon, as to the limiting the embargo to the sailing of vessels to the West Indies. And a resolution to this effect was laid by the member on the table. Mr. G. thought this a proper discrimination, and if it could be effected, the true ground the house, ought to take."
In the house of Representatives of the U. S. on the 12th May, 1794, [Fed. Gaz. May 28] the yeas and nays being called on the question for continuing the embargo were as follows: Those who voted in the affirmative—were Beatty, Boudinot, Cadwallader, Dent, Gillon, Goodhue, Hunter, Malbone, Neville, Page, W. Smith, Ward, and Winn—13.
Those who voted in the negative—were Ames, Bailey, Baldwin, T. Blount, Bourn, Carnes, Christie, T. Claiborne, Clark, Cobb, Coffin, Coit, Coles, W. J. Dawson, Dayton, Dearborn, Dexter, Findley, Fitzsimons, Foster, Gilbert, Giles, Gillespie, Gilman, Glen, Gordon, Griffin, Grove, Greenup, Gregg, Hancock, Heister, Hillhouse, Hindman, Learned, R. B. Lee, Locke, Lyman, Macon, Madison, McDowell, McIvne, Montgomery, Moore, Mullenberg, Vans Murray, New, J. Nicholas, Orr, Parker, Picken, Preston, Scott, Sedgwick, Sherburne, Smilie, Israel Smith, Swift, Talbot, Thatcher, Tracy, Tredwell, Trumbull, J. Van Allen, P. Van Cortlandt, Van Giesbeck, Venable, P. Wadsworth, J. Wadsworth, Walker, Watts, B. Williams, and Winston—78.
From the North American.
When it is considered how completely, for a season, the Jeffersonians were defeated in 1798, by the communications from our envoys in Paris, having been laid before congress by the president; many may be surprised that they should have been so earnest in calling for those papers, as they had been. It may therefore require some explanation. Early in March, 1796, Mr. Livingston, laid a resolution on the table, to require president Washington, "to lay before the house of representatives, certain documents, relative to the treaty lately concluded between this country and Great Britain;" and, on the 7th of the same month, and previous to any debate, he was on his own motion allowed to amend the said resolution by adding the following words, viz.
"Excepting such of said papers, as any existing negotiation may render improper to be disclosed." In vain was it urged that congress had nothing to do with papers relative to treaties; the power of making them having been vested, by the constitution, in the president and two thirds of the senate.—No, nothing would do, but the papers must be had. Mr. Madison, in his usual precise and very peculiar method, divided and subdivided the question into so many heads, that the body of his argument was lost sight of, excepting enough to show how much he was flatly contradicting all the arguments he himself had used in the Virginia convention, when the constitution was under consideration. This gentleman's very profound acquirements have been supposed to entitle him to the presidency of the United States. It is truly lamentable that candour is not to be found among them. Mr. Giles said "the papers might tranquillize the public mind; if no information was given, it would leave an unfavourable impression on his mind." Mr. Baldwin said, "no good came from secret measures. But great embarrassments; let the grounds on which the government acted go forth to the people, and it would be found that the same ground which weighed with the members of government for carrying any measures into effect, would convince the people of its propriety." Mr. Nicholas supported the rights, and said, "the people had no opportunity of information; they had expressed their feelings on the face of the instrument, and gentlemen will not say the instrument is so bad, that information given can reconcile it to them."
Mr. Sedgwick asserted, (and was not contradicted) "that all the arguments, adduced by those in favour of the call, touching the danger of such very extensive powers, as were embraced by the treaty-making power, if uncontrollable by the right of appropriation, had been attentively considered in the several state conventions, and their weight acknowledged; but it had been generally agreed, that they were suspended by the necessity of the case:—also, that they had been given up from the ratification of the constitution to that day—that several treaties had been made, without any right having been claimed; and therefore, he believed, if any other treaty had been in question on that day, than a British treaty, it would have passed without any such commotion." The call was made by a large majority, but was repelled on the ground of a compliance being inadmissible as to the treaty-making power.
The refusal was accompanied with the reasons at large on which it was founded. They were irresistible, and satisfied all, who had not been previously determined to appear dissatisfied, and such as unfortunately croaked as they croaked. Here then the Jeffersonians are to a man supporting and exercising the right of congress to even treaty papers, excepting as before excepted.
In March, 1798, president Adams having received communications from the envoys of the United States then in Paris, sent a message on the 19th of that month to congress founded on them. On the 27th of that month, a motion was made in the senate, to lay an embargo for a limited time, which was negatived 22 to 5. On the 28th of same month, the house of representatives went into committee of the whole on the state of the union, when Mr. Sprigg (of Maryland) laid the three following resolutions on their table:—1st. "That it is the opinion of this committee that, under existing circumstances, it is not expedient for the United States to resort to war, with the French republick."—2d. "Resolved, &c. That provision ought to be made by law to prevent the arming of merchant vessels, excepting in cases in which the practice was heretofore permitted."—3d. "Resolved, &c. That adequate provision shall be made by law for the protection of our sea-coasts, and for the internal defence of the country." Observe, that these resolutions were brought forward, when it was known the directory of France had authorized enormous spoliations on our commerce in open violation of their treaty with the United States—that they had declared all American seamen found on board British armed vessels, pirates; that they had issued a decree in open violation of the law of nations, declaring all neutral vessels, having on board any British manufactures, whether belonging to friends or enemies, good prize; and further that the United States had sent three envoys extraordinary to Paris, who had arrived there late in October, but nothing had resulted from their embassy, but most unfavourable and mortifying anticipations. The message, founded on their first communications to the president was then before the house, and urged immediate preparation for defence and supplies. Mr. Dayton, (then Speaker) moved to amend the first resolution by striking out the words "the French republick," observing, "that, those who wished for peace with all the world, would vote for the amendment—those who regarded it only with the French republick, would be right in abiding by the first proposition." This brought on a very warm debate, in which so many hard and ungrounded imputations were brought against the President; for instance, that his conduct had given rise to all the French aggressions; that he was attempting to draw the country into a war with France clandestinely; that he sent an inflammatory message instead of papers, which Mr. Giles said "he had in his possession, and which would satisfy congress and the people," and repeated his observation, made at the time of the call for papers in 1796, "that if the papers were withheld, it would make an unfavourable impression on his mind."
Mr. Allen, a federalist, was determined, if possi-
ble, to foil them in their insidious attempts to deceive the people, by submitting the following resolution, on the 29th of March, viz: "That the President be requested to communicate to this house, the dispatches from the envoys extraordinary of the United States in the French republick, mentioned in his message of the 19th instant, or such parts thereof, as considerations of publick safety and interest, in his opinion, may permit." General Smith said "he had no objection to the resolution, if the latter part was struck out." If the president thought any part of the correspondence ought to be kept secret, he would, as usual in such cases, inform the house that this was the case, and the galleries would be cleared accordingly—the communication would then be referred to a select committee, and such parts of it published, as might be thought proper." This might have been well enough, if general Smith and the house had not known, that party spirit had caused the late general Stevens Thompson Mason, to divulge the British Treaty, in defiance of an injunction of secrecy, and that he had received the fraternal hug of the whole party, for so doing.
The amendment was resisted for some time, but was so warmly insisted on, and threats from Mr. Nicholas and others having been thrown out, that they would oppose the call if not unlimited, Mr. Allen at length agreed to the amendment, but not till he had intimated, that probably the limitation had been objected to, for the purpose of getting rid of the call altogether: rather than which, he would agree that it should be unlimited. Gen. Smith on this said, "the yeas and nays had better be called, to convince Mr. Allen of his error, in that respect"—Nevertheless, there are strong circumstances in the progress of this business, which make it more than likely, that the amendment was intended to prevent any call—ior, at the rate the Jeffersonians were going on at the time of Mr. Allen's call, every wish they could have had, was fully answered by their insinuations against the conduct of the president, as need to have been; but the call completely hobbled them—They had so strenuously supported the right of both congress and people, even to treaty papers; and had been so wanton in their charges against the president, that it was impossible for them to oppose the call entirely, without showing their inconsistency too palpably. It would not have been prudent to be too hold at that crisis, and they probably promised themselves too, that worse could not well be discovered by the papers, than was already publick; and therefore they risked the call with the chance of getting rid of it, by making it unlimited—and the chance would have been a good one, if the refusal of the papers in 1796, to even a limited call, had proceeded from any other motive than the demand being constitutional, but in the present instance, they must have counted on the difference of limited and unlimited, presuming that Mr. Allen would not be less polite to president Adams, than Mr. Livingston had been to president Washington, in limiting his call.
MISCELLANIST.
(To be Continued.)
AUCTION.
On Wednesday the 4th of January, at 11 o'clock, at Whittle's Wharf, for Cash, the MATERIALS saved from the wreck of His Britannick Majesty's Cutter Zenobia, stranded on False Cape—Consisting of
7 Eighteen pound CARRONADES, 1 In CAMBOOSE—1500 lbs 1 set of Rudder Braces and Pinthalls, 2 Iron STOCK ANCHORS, A quantity of RIG IRON, A quantity of COPPER BOLTS & SHEET COPPER, A quantity of IRON BOLTS.
January 2.
Norfolk Draw Bridge Company.
An annual Meeting of the Stockholders in the Norfolk Draw-Bridge Company, will be held at the Exchange Coffee House, on Monday the 9th instant, at 12 o'clock. Wm. Cammack, Treasurer. January 2.
For CHARLESTON.
The Schooner HELEN, Captain PEARSON, now expected from Richmond. For passage (having excellent accommodations) apply to
Richard Drummond, & Co. Dec. 30.
TO RENT,
AND POSSESSION GIVEN IMMEDIATELY, The House & Store, No. 64, Main street, NEXT DOOR TO DR. JEFFERY'S. Lately occupied by John Fry—It has two rooms below stairs, three above, and a garret, as also a kitchen underneath. LIKEWISE,
Two Houses on Bank-Street.
For terms enquire of Robert Farmar, WHO, HAS TO HIRE, For the ensuing year, sundry NEGROES. Men, Women, Boys, and Girls. Dec. 30.
VIRGINIA BANK STOCK.
WANTED TO PURCHASE.
VIRGINIA BANK STOCK, For which Cash will be given. Application to be made to the SECRETARY of the MARINE INSURANCE COMPANY.
JOHN GRANBERRY, President
Office of the Marine Insurance Company of Norfolk, Dec. 14.
NOTICE.
THE CO-PARTNERSHIP OF
Doctors BROWN & MOSELEY, Will be dissolved on the 14th of January next—Those having claims against the concern are requested to present them for settlement, and those indebted will please make payment on or before the 1st of February next.
James Brown, Bassett Moseley. Dec. 28.
The CARGO of the British Schooner Commerce, captain Collins, consisting of COFFEE and SUGAR.
For Sale by C. & F. Whittle. Dec. 5.
Newcombs Packet, will sail for New-York first fair wind. Jan. 2.
Williamson's Packet will sail for Alexandria TO-MORROW, wind and weather permitting. Jan. 2.

BRIG MOSES MYERS. NOTICE—All those who had an interest in the American Brig Moses Myers, of Barclay, Master, or her cargo, captured by the French in the year 1800, on a voyage from Nantes to Norfolk, and re-captured by the British privateer Rover, and carried into Halifax, Nova Scotia, by applying to the subscriber, will receive their proportion of the funds collected from the recaptors, by the agents of the claimants, according to a decree of the high court of appeals in Great-Britain.
Robert Maitland. 2m November 4. The Subscriber being about to leave this State, is anxious to settle his individual affairs. Those having claims against him are requested to hand them in for settlement—and those indebted, to make immediate payment. James Brown. Dec. 28.
27,000 feet MAHOGANY, 5 ton LOGWOOD, 3 do. BRAZALOTTO, 60 lb. TORTOISESHELL, being the Cargo of the British Schooner Hannah, from Honduras, landing this day on our wharf. And for Sale, by C. & F. Whittle. * * * We will barter 600 hds. Petersburg tobacco for colonial produce. Dec. 28.
TO HIRE,  A Negro Man, Accustomed to plantation work. Apply to the Printer. Dec. 28.  WANTED ON HIRE,  A Negro Woman, Boy and Girl. Apply to B. Reynolds. Dec. 28.
German Linen for Exportation.  NIEMEYER & VON KAPFF, OFFER FOR SALE At their Warehouse in Water-Street, at the corner of Maxwell's wharf, for cash, or approved paper only.  54 packages of German Linen, consisting of 140 pieces Osnaburgs, 60 pieces Ticklenburgs, 500 pieces White Rolls, 500 Henders, 80 pieces Hessians, 1 case Platters, 1 case Shirt Linen, 1 case Sheetings, 1 case Table Cloth, 1 case Bed-Ticking. ALSO, 40 pieces best Russia Canvass, 65 do. Topgallant Duck, 8000 Coffee Bags, 3,500 Gunny Bags, 30 boxes best Spanish Sarsaparilla, 40 boxes English Pipes, 700 Straws 1-2 pt. Tumblers, 30 doz. do. Decanters, 350 pieces excellent Oil Cloth, 350 pieces Paper Hanging, 3 cases Port Wine. And at their Store in Main-Street, a great variety of Cutlery and Fancy Articles. Apply as above. Nov. 9.
MACKINDER & WHITE, OFFER FOR SALE, FOR CASH or APPROVED NOTES, 2000 bales NAVAL STORES, 100 bales Georgia Upland COTTON, 28 bales New Orleans do. 62 barrels APPLE BRANDY, 8 hds. Richmond TOBACCO, 20 hogsheads York-River, do. 24 hds. Petersburg, do. 100 barrels Smithfield and Carolina PORK, 22 pipes HOLLAND GIN, 9 pipes COUNTRY GIN, 100 boxes FRESH IMPERIAL GUNTOFFER 40 boxes YOUNG HYSON } TEAS. And 500 bds. Fresh Alexandria Superfine FLOUR ALSO, A General Assortment of DRY GOODS, suitable to the Season. Nov. 14.
Phoenix Fire-Office, Norfolk. NOTICE. The following Policies issued from this Office expire in the month of December, viz.   283,169 283,174  170 175  171 176  172 177  173 178  Richard Taylor, Agent. December 19.
For SALE, by the Subscriber.  50 tierces RICE; 30 bales COTTON. GEORGE RAINCOCK. Dec. 16. To be hired out from 1st of January,  A WOMAN, who is an excellent washer and house servant generally, and a good plain cook.—Apply to the Editor of the Ledger. Dec. 14.
TURKS ISLAND SALT. 3000 bushels Turks Island Salt now on board the brig Alert, captain Hatchard, from Turks Island, for sale by William Pennock. Dec. 21.
The Members of the Dismal Swamp Company, are requested to meet at Suffolk on the 28th of December. That place is preferred for a meeting, because it is a very central place from the land, and the members will have a better opportunity of information as to the whole business of the company than at any other place—Those who may not attend will be pleased to give powers to others to act for them. William Nelson, } Managers. John Bracken, } Corbin Griffin, } Dec. 2.
At the particular request of some of the Members, the Meeting is postponed to the 17th of January, and also Williamsburg appointed instead of Suffolk. Wm. Nelson, J. Bracken, Corbin Griffin. December 19.
FALL GOODS.  WOOD & HASTINGS, Have just received a general assortment of SEASONABLE GOODS, Which they will sell at very reduced prices for CASH, by Wholesale and Retail, at No 76, Main-street. October 19.
FOR RENT, That delightful little FARM, Belonging to the estate of David Patterson, deceased, situated on Elizabeth River and Tanner's Creek, adjoining the land of the quarantine house, containing about 65 acres, the greatest part of which is cleared and in for immediate culture; has on it a good comfortable dwelling house, kitchen, &c. for a small family, a most excellent garden, apple and peach orchard, and its convenience to the best fish, oysters, and Norfolk market, must render it desirable and valuable. For terms apply to D. R. Waddy. ALSO, FOR RENT,  A TRACT OF LAND, Containing about 260 acres, in the county of Princess Anne, adjoining the tract now advertised for sale by Mr. Tully Robinson. This tract is well timbered and well worth the attention of a good farmer, who might in a short time put it in a state of high cultivation. And for Hire,  A Valuable BLACKSMITH, With a complete set of Tools. For terms apply as above, or to Capt. Thomas Calvert, near Kempville. Dec. 12.
For SALE, or will be Bartered for Tobacco,  73 puns. choice Old Demerara RUM, James Young. October 19. FOR SALE,  The CARGO of the British brig Eu-phemia, from Liverpool, 210 ton Stowed SALT. Robert Dickson. Dec. 5.
For SALE, or will be Bartered, in part for Tobacco, Flour, or Naval Stores,  150,000 wt. Muscovado SUGAR, 200 hds. MOLASSES, 500 sacks Liverpool SALT, 5000 bushels Cadiz SALT, superior quality, 25 crates QUEENS WARE. James Young. October 21. NOTICE. All persons indebted to the estate of David Patterson, deceased, are desired to make immediate payment; and those having claims to render them properly attested, to D. R. WADDEY, Adm'r. Nov. 16.
FRESH GOODS.  WOOD AND HASTINGS, Have just received, Cambricks and Common Callicoes, Cotton Shiftings, Cotton Cambricks, Irish Linens, Long Lawns, Linen Cambricks, &c. ALSO, A few pieces of best London Superfine Broad CLOTHS, and most fashionable Coat BUTTONS, which with their Goods on hand, will be sold at very low prices for Cash. September 9.
A BARGAIN OFFERED, In a fine and Valuable FARM, in the County of Princess Anne. THE Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 200 acres; and, as it may be advantageously divided into two or three Farms, the Subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. The tract of land is certainly the most desirable in the county, lying on the eastern branch of Elizabeth River, and distant from Norfolk 15, 16, or 17 miles by water, and 8 or 9 by land. The soil is excellent, about one-half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory. It has also the advantage of several good landings.—Any one disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson. Dec. 7.
NOTICE. All persons indebted to the estate of Alexander Macanay, deceased, formerly of York-Town, are again called upon for settlement of their debts—Suits will be commenced against all debtors indiscriminately. Thomas Griffin, Surviving trustee of Alex. Macanay, decd. York-Town, Dec. 7, 1808. 2w
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808. The Marine Insurance Company of Norfolk, } Against } Felix Corran, Michael Corran, Noble and } Arbuthnot, & co and Theodoric Armistead } in Chancery. DEFENDANTS. THE defendant Felix Corran not having entered his appearance and given security according to the 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 plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of the Plaintiffs, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough; and it is further ordered that the defendants Michael Corran, Noble and Arbuthnot, & co and Theodoric Armistead, who have effects of the said Felix Corran in their hands do not pay, convey away or secrete such effects, but retain them until the further order or decree of this court. A Copy, (Teste.) Wm. Sharp, c. c. Dec. 2.
THE Cells appropriated to the reception of Male Patients in the Lunatic Hospital being all full, no more can be received until further notice.—By order of the Court of Directors, William Russel, Clerk. Williamsburg, Nov. 28. 1m Dec 12
FOR RENT. That convenient BRICK HOUSE in Market Square, at present occupied in part by Mr. Fabre—it is well calculated for two Grocery Stores below, and will be neatly fitted above for the residence of families—possession given the first of January. Apply to William A. Armistead. Dec 14
Phenix Fire Office, No. 13, MARKET-SQUARE, NORFOLK.  INSURANCE UPON SHIPS. NOTICE is hereby given that the following premiums only, will henceforward be charged by this company for insurance from fire upon Ships, Vessels, and all Water Crafts, and also upon Cargo on board, in the seaports and rivers of Virginia and North-Carolina.
 One month 1 3/4 cents per $100  Two do. 20 do.  Three do. 25 do.  Four do. 30 do.  Five do. 35 do.  Six do. 40 do.  Seven do. 45 do.  Eight do. 50 do.  Nine do. 55 do.  Ten do. 60 do.  Eleven do. 65 do.  Twelve do. 70 do.   The above premiums will be charged for any sum not exceeding 40,000 dollars in one risk; but a separate sum must in all cases be specified on the ship and another on the cargo. Richard Taylor, Agent. Dec. 19.
DR. ROBERTSON'S  Celebrated Stomachick Elixir of Health. Which has proved by experience, to be the most valuable medicine, ever yet offered to the publick for curing the Gout, Cramp, and wind in the stomach; also a certain cure for the Dysentery, or Bloody Flux, Cholera Morbus, Fever, Chills, and all other diseases of the bowels, a dose never fails to remove a cold if taken soon after its first appearance. It is also celebrated for carrying off superfluous bile, removing habitual costiveness, sickness at the stomach, fever, &c. &c. The following certificates are selected from the many respectable ones lately received by the proprietor, and are now in his possession. Certificate of Mr. William Julian, carpenter and builder, No. 69, South Fifth-Street, Philadelphia. SIR—My wishes to promote the interest of a deserving merit, and to afford consolation to the afflicted, induce me to request you will pay my case before the publick, as an undeniable proof of the astonishing efficacy of Dr. Robertson's invaluable Stomachick Elixir of Health. I do hereby certify, that I was seized most violently with the dysentery, or bloody flux, which reduced me so far, that I was confined to my bed, and became so weak that I could not move without assistance. My situation at that time became seriously alarming, as no relief could be obtained. It was given over, and even death would have been desirable. I was not afraid of dying, but by chance called to see one who had just recovered from a similar complaint, though not so severe as mine. He informed me that he was cured by taking Dr. Robertson's Stomachick Elixir of Health, and advised me to send to you for a bottle. I immediately did so, and by following your instructions given with the bottle, before I had taken half a bottle, I found myself much relieved, and my disorder greatly abated, and by continuing to take it, in one week I was able to walk out, and in less than a fortnight was able to attend to my business. I therefore recommend every family to be provided with this invaluable medicine, particularly those who live at a distance in the country, where assistance cannot be immediately obtained. As I am convinced that Dr. Robertson's Stomachick Elixir of Health, is the most effectual remedy in the world, I have frequently recommended it to several of my friends in similar complaints, who have always been relieved immediately after taking it. Should any person wish to be more fully convinced of my case, I will with pleasure explain it to them by applying to me. I am with a due sense of the benefit I have received through the efficacy of your medicine, Sir, your humble servant, WM. JULIAN. Mr. DROTT, Philadelphia, July 15th, 1807.
Certificate of Mr. George Stokes, South Water Street, Philadelphia. SIR—For the benefit of the afflicted, I think proper to inform you that Dr. Robertson's Elixir of Health, has been one of the most essential services. I had been a long time afflicted with a pain in my stomach, and continual head ache, excited with a biliousness at the stomach, which brought on a vomiting and flux, which continued on me until I became so very weak, that, without being able to get any relief, until I tried one bottle of Dr. Robertson's Elixir of Health, which entirely cured my disorder, except a weakness and want of appetite, for which I have since taken Dr. Robertson's Stomachick Wine Bitters, which quite restored my strength and appetite, and I now enjoy better health than I experienced for many months before.—As I could for your medicines to have been the means of saving my life, I desire you to publish my case for the benefit of others, who by abiding by the directions given with your invaluable medicine, will embrace the same means by which I have happily effected my recovery. I am, Sir, your obedient servant, GEORGE STOKES. Mr. DROTT. Philadelphia, August 1, 1807.
ADDITIONAL CERTIFICATES. Of Mr. John T. Solomon, Sixth near Race-Street, Philadelphia. SIR—For the good of the publick and benefit of the afflicted, I think proper to inform you, that having laboured for upwards of six months, under a very bad cough, attended with a difficulty of breathing, pain in my breast and side, and a sickness at my stomach; having lost all appetite, I became so very much reduced in my strength as to be unable to walk. I was considered in a consumption, and given up for a lost man. In this hopeless situation I had recourse to Dr. Robertson's Stomachick Elixir of Health, and to my great astonishment, before I had taken one bottle, found myself very much relieved. I expected a great quantity of phlegm, which has eased me of one of the most violent coughs that ever man had; I have taken it regularly ever since, and now find myself completely recovered, and full certainly, for the benefit received, recommend it as far as I can, believing it to be a most efficacious medicine in the above complaint. I am, Sir, with great respect, Your obliged humble servant, JOHN T. SOLOMON. Mr. T. W. DROTT. August 22.
Certificate of Mr. John Lee, Philadelphia. DEAR SIR—By the administration of Dr. Robertson's Elixir of Health, and that the publick may be acquainted with the good effect I have received from it, I will you to publish the following: About a fortnight ago I was seized with the influenza, or a violent cold attended with a pain in my loins, and a violent cough, which settled on my lungs, and having been for some time before in a weakly state, I expected a consumption must soon have followed, had I not been advised to try Dr. Robertson's Elixir of Health, which has effectually removed my complaint, and I now feel better health than I have for some time before. It is my opinion to far too much in favour of this invaluable medicine, as I am of early convinced it is the most efficacious remedy ever offered to the publick, in the above complaint. I am, Sir, your obliged servant, JOHN LEE. Mr. DROTT. November 11.
The above Medicine is sold wholesale and retail by the proprietor, T. W. DROTT, No. 11, North Second-Street, Philadelphia; and by appointment at ROSSALL & CONRAD'S Book Store, Norfolk, and at SOMIRVELL & CONRAD'S, Petersburg. May 23. lawly
NOTES OF HAND, according to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.
FOR SALE in our Ware-House, where the largest vessel can come alongside,  15,000 bushels of CORN, 2000 do. do. white, 30 bales Cotton. Also,  4000 bushels coarse SALT, 150 sacks Ground Alum do. 45 hogsheads Old Antigua Rum, do. Jamaica, do. 40 hogsheads Sugar, 30 barrels do. A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections. GEO. MURRAY, & Co. September 9.
For SALE at my Brew-House,  Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store,  Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 28.
FOR SALE,  3000 bushels Turks-Island SALT, Now on board the Schooner Indiana, Capt. Stowe. Also,  21,000 feet MAHOGANY, A few puncheons Old Antigua Rum, New do. Molasses, Sugar, Indian Meal in barrels. John Granbery. September 24.
The CARGO of the British Brig Meanwell, from St. Kitts—Consisting of  Prime SUGAR and MOLASSES, For Sale, by C. & F. Whittle. Dec. 5.
Boot and Shoe Manufactory.  SAMUEL COLEMAN, opposite the Market, (westward) has received by captain Hand, from Philadelphia, a quantity of the  Highest Priced Boot Legs, Vamps, and other Materials, for his Factory—He has also good leather, which has been in use seven years; with this the best workmen he can get, and the greatest care and punctuality, he believes the people of this place and its vicinity, may be as well served as by any factory in the united States. Stock at present, is as good as this country can furnish, and he intends to use no other kind, the price of course must be higher, and when the Rats go the money must come. Having had in a number of instances that a few days' work, having six or twelve months, and an application even then for the money is ample cause of enmity. He has on hand a large assortment of  BOOTS and SHOES.
Also,  SALT, LONDON PORTER, &c. &c. Fresh SHOES from New-York for Ladies, of red, green, and black Morocco, with 1, 2, and 3 soles.  JOURNEYMEN WANTED. The best Boot and Shoe Makers, not only such as can, but such as will do the best work in all cases, may meet with as much encouragement in my factory, as in any in this state, for any state of the union north of this. October 3.
FLOUR. FOR SALE,  BY JOHN GRANBERY, AT HIS WARE-HOUSE ON COMMERCE-STREET, A small quantity of very excellent  New Flour, in barrels and half barrels, now on hand, fit for family use, and a regular supply expected from the Columbian Mills—Richmond inspection. $5 CASH given for good new flour barrels and half-barrels. Nov. 9.
THE SUBSCRIBER Wishes to Sell, and will Sell or Rent on moderate terms, That very excellent Wharf and Lot, in the town of Gosport, at present occupied by William Smith, the Wharf, Ware-House, and Dwelling-House are all in good repair. Thirteen Lots in the Town of Suffolk; And the following Property in Norfolk,  Two good Fire-Proof Warehouses on the Eastern side of Commerce-Street, Nos. 4 and 6.  Two Dwelling-Houses and Lots on Boush-street, in good repair, and very pleasantly situated. Apply to John Granbery. September 14.
NOTICE. ALL persons having claims against the estate of William Cary, deceased, formerly of York Town, are requested to present them to the subscriber, for settlement; and all those persons who are indebted to the estate of said Cary, are desired to make immediate settlement—No further indulgence can be allowed. Thomas Griffin, adm'r. York-Town, Dec. 7, 1808. 2w
Richard Jeffrey & Co. No. 66, Main-street, corner of Bank-Street, have just received from London, per the ship Flamer,  An assortment of MEDICINES, of the first quality. Also, a few hundred weight refined Salt-Petre, Hardman's Snuff, No. 9, and 27, in 1-2 and 1-4 pound canisters, Violet, Benzoin, Windsor and Shaving Soap, Evan's bell Crown Lances, Tooth Brushes of superior kind, Refined Liquorice, &c. They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries. MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. FOR RENT, And possession given the 1st day of January, The HOUSE at present occupied by Mr. Argote, near the Virginia Bank.—Apply to Edward Roberts. December 9.
NORFOLK: PUBLISHED THREE TIMES A-WEEK,  BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.