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! "'sif "(si . . .AND (: () M M ]E R (: m L \ssssctsi ][N T 15: I.. L 11 G VoL. L] MONDAY, JANUARY 12, 1801. . -, Sales by Auctz'onsi. - On THURSDAY, The l'gth instsat 10 o'cleck,_ will be". fold at our Auction Roosisim, Malaga Wlpe m pxpcs, French Brandy m do.. Sugar in barrels, thon in lots, :Soal Leathez—in lots, Soap-in boxcs, Nails in calks. Together with a man?!) of LDRYGOODS, ' fine;-(;; fzvl'lsiC/J are Brcadclossths, kerscymeres, coatings, swan downs, plains, duffils, flanncls, lrish li nous; humhums, German and British os. fsi'shurgs, chinlrzes, calicocs, jaconcr, book and tamboured muflins, and & numbcrof other artjsiclcs. - ss HENRY if THO'S. NIOORE, A :: A? imct'e rs . ]:muzssry 7. ss FIRST NOTICE. Whereas & Commiffion of Bankruptcy .is awarded and issued forth " siflssgainff Elisha Cullen Dick of the town of ? Alexandria, and he being declared bank .tupt is hereby required to surrendcr him self to the commisiioners in the .said com- ssss mIshGD named, or the major part of them,) on the seventeenth day of this month, at-ss Twelve o'clock in the sisorcnoon, at the VVashlngton tavern, in Alexandria, ._.and make a full discovery and disclosure of his estate and effects; when and where the a'ttditors-of the said Elisha Cullen Dick, 3 either in his "separate capacity or as one of ss the late house of ]amcs Nlease M'Rea and Csiolonpany, may atten ._, prepared to prove their dehts—At the second sitting of the ( commissioners, the said banqunt is to go trough his second examinaticton; and at the last sittin 24 to finish his examination, and the cre ditorsaforesaid to choose asiignces, of which ", scquent sittingduc notice will be given and the creditors are to assent or .dissent siom the allo W 0 have any of his PaY 01: deliver the same comwsiioners fi norice to effects, are not to , but to whom the tall appoint, but togive _ __ wance of his certisicate. siAll, Peffons indebted to the said bankrupt, or g the said bankrupt is requir- ss - HEN-RY MOORE, Clerk to the Commifflon. .J'D'lfct' o. 1801. 7t , NOTICL _ A1.1 persons havmg clalms against "the estate of the late THOMAs onnn, are requested to bring them. for ward on 01.- beforessthc first of March next, and those indebted to him are respcctfully requefied to si make payhient to Jsisi :SA-RAH siPORTER, Adm'x. (flee Congrest of the Unz'ted Statcs. HOUSE OF REPRESENTATZVES. TvrzsnAY, January 6. (Dabate concluded. ) Nlr. Da vis moved to refer the report to acommittee of the whole house. Mr. Smilie hoped the house, before it committed itselfby any judgment, would enquire by What authority the serjeant had acted in this most extraordinary transacti on, that the citizcn might in future be protected from outrages similar to that now under discussion. ss Mr. Bayard said that the gentleman from Virginia (Mr. Nicholas) had entertained the house with an enumeration of doubts, which he hoped they would take no notice of. The {acts bescssxre them came from al select committca, who were the only or gan of a correct invesrigation of facts. If the facts were doubted the referrence of them to a committee or" the whole, with the view of ashzrtaining their truth, would be perfectly futile. As to the sentiments of the gentleman ss on the report, he could not say he was surprised at them. They amounted simply to this, that there was something so sacred in the rights of a free cititizen ofa free Country, that it was altogether immaterial how he acted, or in what manner he treat ed the constituted authorities of his coun. try. Mr. Bayard siselt as much as the gentleman "for the rights of the citizcn; but he also felt some degree of respect for 'si the government ; as he believed that much, not merely of its dignity, but of the happiness of the people depended upon an adherencesito the settled principles of order. 'I'he gentleman had told the house that 'he donhted its power in several respects. Did he doubt its power to tdke the most instantaneous steps to preserve its tranqui sility and order? To advance such :! doc trine would be to degrade the house below the most pitiful county court. There was nosisuch court that did not possess the power of committing sora contempt. L ( + !ss Mr. john C. Smith made several rc- ss marks which were not heard. Mr. Nicholas said that his remarks had been mistated. They were that the ma gistrate was ri ht in issuing his warrant; and that all that could be expected from him was an admisiion of the plea of the serjeant, which had actually been done. But to say that a magistrate shall nor cal] your officer to an account in any case. is saying more than had ev er been said else where. Cannot your officer commit a- ? buscs. ? Have not gentlemen heard of 11. 2 buses committed elsewhere? Have they * not heard too of their punishment. In such circumstances what other course can be pursued, than that whereby a complaint is first made, and the defence then heard? i Mr; Nicholas did not think. the corn; Lmittec had reported & true flatement of _ i— -—_.l sacts. The serjeant had himself declared that he had released the man, and after wards arrestcd him a second time. He was, therefore, authorised in supposing, not that the committee had firppressed sacts, but that they had not ma e a full enquiry into the: . It was, then, an acceptable; service to give this information to thei gentleman, in the hope that they would' be influenced by it. ' He was surprifizd at the imputation thrown on & member, who was alluded to, as having advised the prosecution of the serjeant. This conduct, so far from being disgraceful, he considered as highly hono rable, coming as it did, from a member enjoying an inviolability of character-— Mr. N. concluded with the expression of a hope that the business would be buried in oblivion without controversi'. Mr. Dana said there were two features of the report that seemed to excite the scn sibility of the gentleman from Virginia; one was the improper opinions expressed in it; the other, the imputation thrown on a member. He would "have been truly sur prised at the remarks he had heard on this occasion, had not very similar remarks of. ten been expressed. Could any gentle man, pretending to judical knowledge," doubt the power-of the house ? Could any man doubt that to arrest an officer of this house for discharging hisduty was a viola- si tion of Privilege ? As to the imputation thrown on;: mem ber, if any member had advised the pro sacution, was not she imputution meritedP For could any member Othis housisis, im pressed with & just sense of his {tation, so far degrade himself or the house, as to re. quest the interference of ?. mrzgiflr- te?— This indeed wouhi be a miisieruble degra dation of the house. Mr. Harper vas prepared, is this were & fit time} to shew that :. e Spm'irer clear ]y possessed the power he had exercisedss It could be escablished by the best auzho rities. He was against & reference to the committec of the whole, which was the only question before the house. I ? gentle men wished to try the ::bssi'cract prin 'iph: of privilege, they should move a recommisi ment to the select committee, and assign for reason the siobjectionahie ct-arts of the preamble. J The Speaitcr said that Whatever words he may have used in giving his orders-: to the serjeant, it was his intention to have arrested, 'and held in consinement, subject to the order of the house, the man who had committed disorderly behaviour in the gallery. He thought then, and be still thought, that his power extended to that .len th. . s the Speakcr did not possess this pour, er, :: member might be assaulted without the bar, a debate might ensue, and before the house could come to any decision, the object to be answered might be defeated. It was therefore only justice to the set jeant to declare that whatever he had done had been in obedience to his orders. '—— '—\ l:—— —— In the case of disorderly behaviour in the gallerics, there were but two courses 5 which couid be pursued. One was to clear the gallcries of all the persons in them.— This would be to punish the innocent for the guilty. The other was-—-—— (Ilu- e-rz'z' for beard not dffliuctly.) Mr. Davis spoke against the report, ; and in favour of reserring it to & commit. \ tee of the whole.. Mr. Kittera advecated the report. Mr. Smilie declared his decided disap probation of the conduct of the Speaker, the serjeant and the eommittee. l\-Ir. Otis Fspoke at contiderable length. ' He defended the conduct of the Speaker, the fifrjeant and the cor. mirtec. He ob served that the. authority of the Speaker 4 to direct a mementary arrest was conced ed. To arrest for an instant was as great a tresspass as to arreil; for a day. It could not admit of question that the scrjeant was bound to execute the orders of the Speak er, and these given by him, in the. pre— sence .of the whole house, without the house making any interferencc, were equal to the actual orders of the house. It should he noticed by gentlemen that the species of outrages recently committed was more to be dreaded than any other kind osoutrage. In other"countries'it had been fatal. In the French Republic it had produced much bloodshed and other mourn ful transactions. Defigning men attended for the express purpose of inspiring terror, thereby hoping to carry their favorite measures ; and in ease they were called to account, they too gennerally found adhe_ tents, or lost themselves in a eroud. This description ofoutrages was therefore more to be feared than Open assault upon the zemberz. Mr. Macon conceived that,'in an assair nsthis kind, which presented the first in_ st'mce in which a complaint had been made against an oflicer of the house for the arrest of a citizen, it became the house to act with deliberate caution. He was for : reference to the eommittee of the whole. He was not dissisiv did to go at length into the arguments, urged by gentlemen in sa. vour ofthe report. But he did not he lieve that the dignity of the house had any thing to do with the business. Mr. Nicholzt-slwd little doubt but that: the fentiments contained in the preamble would hereafter be quoted as authorities. In this point of light he considered them as dangerous. They tended to. extend, under the name of privilege, the towers of an assembly, placed in circumstances peculiar to itself ; and this extension could only be made at the expence of the magis. tracy of the country. The truth was that the civil authoritieshad powere, in many cases concurrent with those of the house ; ' and it became not the house in such case: to countenance an exclustve exercise of them. Mr. Nicholas lfid no doubt of the Speaker's making a true statement, acconda si ing to his own impressions. But he did