The New-York packet — New York [N.Y.], 1788-01-22 00:00:00, page 3

Attempts havebeen made to pervert this chute
into an objection against the Constitution, by repros
fenting it on one ft le as a criminal toleration of ah
illicit practice, and on another, as calculated to pre
vent voluntary and beneficial emigrations from Eu
rope to America. I mention these mifcoaftruCtions,
not with a vie.v to give them an answer, tor they
deserve none ; but as Specimens of the manner and
Spirit in which some have thought At to conduct
their oppofniort to the proposed government.
The powers included in the third class, are those
which provide for the harmony and proper inter
course among the. States.
Under this head might be included the particular
restraints imposed on the authority of the States,
andeertaiu powers of the judicial department; but
theformer are referred for a dillin& class, and the
latter will be particularly examined when we arrive
at the structure and organization of the government.
I thill confine myfelf to a curfoty review of the re
maining powers comprehended under this third de-
several Stares and the Indian tribes ; to coin money,
regulate the value thereof and of foreign coin; to
provide for the punishment of counterfeiting the
current coin, and fectirities of the United States;
to fix the Standard of weights and measures ; to
cfiablifh an uniform rule of naturalization, and,uni
form laws of bankruptcy ; to prescribe the manner
in which the public acts, records and judicial pro
ceedings of each State Shall be proved, and the ef
feA they Shill have in other States; and to establish
poll-offices, and poll-roads.
The defeat of power in the exiting confederacy,
to regulate the commerce between its several mem
bers, is in the number of those which have been
clearly pointed out by experience. To the proofs
and remarks which former papers have brought into
view on this fubjea, it may be added, that without
this fiipplcmental provision, the great and essential
power of regulating foreign comrrietce, would have
been incompleat, and ineffectual. A very material
obje& of this power was the relief of the States
which import and export through other States,
from the improper contributions levied on them by
the latter. Were these at liberty to regulate the
trade between State and State, it @tft be forefeen
that ways would be found out, to load the articles
of import and export, during the passage through
their jurifdiCtion, with duties which would fall on
the rankers of the latter, and the conftimers of the
former :We may be assured by part experience, that
such a practice would be introduced by future con
trivances; and both by that and a common know
ledge of human affairs, that it would nourish un
ceasing animufities, and not improbably terminate
in serious interruptions of the public tranquility.
To those who do not view the question through the
medium of passion or of interest, the desire of the
commercial States to collect in any form, an indi
rect revalue from their uncommercial neighbours,
mutt appear not less impolitic than it is unfair ;
Since it would Simulate the injured party, by rc
fentment as well as interest, to resort to less con
venient channels for their foreign trade. But the
mild voice of reason, pleading the cause of an en
larged and permanent interest, is but too often
drowned before public bodies as Well as individuals,
by the clamours of an impatient avidity for imme
diate and immoderate gain.
The necessity of a superintending authority over
the reciprocal trade of confederated States has been
iUuftrated by other examples as well as our own.
In Switzerland, where the Union is so very flight,
each Canton is obliged to allow to merchandizes, a
passage through its jurifdi&ion into other Cantons,
without an augmentation of the toils. In Germa
ny, it is a law of the empire, that the Princes and
States Shall not lay tolls or customs on bridges, ri
vers, or pillages, without the cpnfent of the Em
peror and Diet ; though it appears from a quota
tion in an antecedent paper, that the practice in
this as in many other instances in that confederacy,
has not followed the law, and has produced there
the mifehiefs which have been forefeen here. A
mong the restraints imposed by the Union of the
Netherlands, on its members, one is, that they
ghall not eftablilh imports disadvantageous to their
neighbors, without the general permission.
The regulation of commerce with the Indian
tribes is very properly unfettered from two limita
tions in the articles of confederation, which render
the provision obfeure and contradictory. The pow
er is there retrained to Indians, not members of any
of the States, and is not to violate or infringe the
legislative right of any State within its own limits.
What description of Indians are to be deemed mem
bers of a State, is not yet fettled ; and has been a
queflion of frequent perplexity and contention in
the Federal Councils. And how the trade with
Indians, though not members of a State, yet re
siding within its legislative jurifdi&ion, can be re
gulated by an external authority, without so far
intruding on the internal rights of legislation, is
1 absolutely incomprehensible. This is not the only
case in which the articles of confederation have in
coufiderately endeavored to accomplish impossibili
ties; to reconcile a partial sovereignty in the Union,
with complect sovereignty in the States ; to subvert
a mathematical axiom, by taking away a part, and
letting the whole remain.
All that need be remarked on the power to coin
money, regulate the value thereof, and of foreign
coin, is that by providing for this last case, the
Constitution has supplied a material omission in the
articles of confederation. The authority of the ex
isting Congress is retrained to the regulation of
cote flruck by their own authority, or that of the
rcfpeaive States. It must be seen at once, that the
proposed uniformity in the value of the current coin
might be destroyed by fubjeCting that of foreign
coin to the different regulations of the different
States.
scription, to wit. to regulate commerce among the
Thepunifhment of counterfeiting the public se
curities as well as of the current coin, is submitted
of course to that authority, which is to secure the
value of both.
The regulation of weights and measures is trans
ferred from the articles of confederation, and is
founded on like confederations with the preceding
power of regulating coin.
The dissimilarity in the rules of naturalization,
has long been remarked as a fault in our system,
and as laying a foundation for intricate and deli
cate questions. In the 4th article of the confede
ration, it is declared “ that the free inhabitants of
each of these States, paupers, vagabonds, and fugi
tives from justice excepted, shall be entitled to all
privileges and immunities of free citizens, in the se
veral States, and the people of each State, shall in
every other, enjoy all the privileges of trade and
" With peculiar pleasure we receive from your
Excellency, the information, that the several boun
dary lines between this State and the refpe&ive
Commonwealths of Massachusetts and Pennsylvania,
are finally adjusted and compleated. The commu
nities interested, are now wholly relieved from ap
prehensions of the evil incident to controverted ter
ritory or jurisdiction: And we shall make the re
New-York, January 22.
Answer of the Hon. the Assembly of this State, to
the Speech of his Excellency the Governor, deli
vered at the opening of the present session:
To bis Excellency GEORGE CLINTON, Esq. Go
, vernor of the State of Nena-York, General and
Commander in Chief of all the Militia, and Ad
miral of the Navy of the fame.
The refeful ADDRESS of the ASSEMBLY, in
answer to bis Excellency's SPEECH,
"WE the Representatives in AfTembly, being
persuaded that a constant representation in the Nati
onal Council, is indifpenfible to the welfare of the
confederacy, we shall therefore proceed to an imme
diate new appointment of Delegates to represent
this State in Congress.
" Your Excellency may be assured, that the re
quisition for theFcederal services of the current year,
shall be complied with, as far as the abilities of the
State will admit ; and we are happy to find, that
the present demands on us, are principally for the
arrears due on former requisitions, as we shall there
by have it more in our power to provide for the
relief of our own citizens.
commerce, &c." There is a eonfufion of language
hefe, which fs remarkable. Why the terms free
inhabitant, are used in one part of the article ; free
citizens in another, and people in another, or what
was meant by fuperadding " to all privileges and
immunities of free citizens,"—" all the privileges
of trade and commerce," cannot easily be deter
mined. It Teems to be a construction scarcely a
voidable, however, that those who come under the
denomination of free inhabitants of a State, al
though not citizens of such State, are entitled in
every other State to all the privileges of free citi
zens of the latter; that is, to greater privileges than
they may be entitled to in their own State ; so that
it may be in the power of a particular State, or ra
ther every State is laid under a necessity, not only
to confer the rights of citizenship in other States
upon any whom it may admit to such rights within
itfelf; but upon any whom it may allow to become
inhabitants within its jurifdi&ion. But were an ex
position of the term " inhabitants'' to be admitted,
which would confine the stipulated privileges to
citizens alone, the difficulty is diminished only, not
removed. The very improper power would still be
retained by each State, of naturalizing aliens in
every other State. In one State residence for a
Short term confers all the rights of citizenship. In
another qualifications of greater importance are re
quired. An alien therefore legally incapacitated
for certain rights in the latter, may by previous
residence only in the former, elude his incapacity ;
and thus the law of one State,be pfepofteroufly ren
dered paramount to the law of another, within the
jurifdi<rtion of the other. We owe it to* mere ca
sualty, that very serious embarrassments on this
fubjeCt, have been hitherto escaped. By the laws
of several States, certain deferjptions of aliens who
had rendered themselves obnoxious, were laid un
der interdicts inconsistent, not only with the rights
of citizenfllip, but with the privilege of residence.
What would have been the consequence, if such
persons, by residence or ©therwife, had acquired
the character of citizens under the laws of another
State, and then asserted their rights as fuah, both
to residence and citizenship within the State pre
scribing them? Whatever the legal consequences
might,have been, other consequences would proba
bly have refilled of too serious a nature, not to be
provided against. The new Constitution has ac
cordingly with great propriety made prbvifloh a
gainst them, and all others proceeding from the de
fect of the confederation, on this head, by autho
rifing the general government to establish an uniform
rule of naturalization throughout the United States.
The power of establishing uniform laws of bank
ruptcy, is so intimately connected with the regula
tion of commerce, and will prevent so many frauds
where the parties or their property may lie or be re
moved into different States, that the expediency of
it seems not likely to be drawn into question.
The power of prescribing by general laws the
manner in which the public acts, records and ju
dicial proceedings of each State shall be proved, and
the effect they shall have in other States, is an evi
dent and valuable improvement bn the clause relat
ing to this Subject in the articles of confederation.
The meaning of the latter is extremely indetermi
nate ; and can be of little importance under any in
terpretation which it will bear. The power here
established, may be rendered a very convenient in
strument of justice, and, be particularly beneficial on
the borders of Contiguous States, where the effects
liable to justice, may be Suddenly and secretly trans
lated in any stage of the process, within a foreign
jurisdiction.
The power of eftabliShing port-roads, must in e
very view be a harmless power; and may perhaps,
by judicious management, become productive of
great public conveniency. Nothing which tends to
facilitate the intercourse between the States, can be
deemed unworthy of the public care.
PUBLIU S.
B OSTO N, Jan. 11.
It is much regretted, fays a correspondent, that
his Excellency John Hancock, Esq. our worthy
Chief Magistrate, is at present detained from at
tending the Convention on account of sickness; the
arguments of a man who presided in the councils
of America at the most important era of our affairs,
and whose conduct as a patriot, a republican, and a
friend to the rights of human nature, has flione so
conspicuous through every flage of the late revolu
tion, Would no doubt have great weight at this
time, as a matter the most interesting to our coun
try is in debate. It is, however, pleasing to an
nounce from good authority, that the Sentiments
of his Excellency are truly federal; and it is Sin
cerely hoped that he will soon be able tb attend the
Convention, and in that august assembly demon
strate his approbation of that Constitution lately
formed by the Grand Federal Convention —a Con
stitution which is the boast of every true repub
lican.
" The several communications from your Excel
lency are highly important and interesting, and
thererefore claim our most serious and deliberate
consideration."
RATIFICATION.
IN the name of the PEOPLE of the State of
Connecticut.
WE the delegates of the people of Said State;
in General Convention assembled, pursuant to an
aA of the Legislature in October last, have assented
to, and ratified, and by these presents do aiFent to,
ratify and adopt the CONSTITUTION reported
by the Convention of delegates, in Philadelphia, on
the 17th day of September, A. D. 1787, for the-
United States of America.
Done in Convention, this 9th dhy of January,
1788. In witness whereof we have hereunto set
our hands.
MATTHEW GRISWOLD, President..
State of Connecticut ff. Hartford, Jan. 9th, A. D.
1/88. The foregoing ratification was agreed to
and Signed, as above, by 128, and dissented from
by 40 delegates in Convention ; which is a majority
of 88.
Certified,
MATTHEW GRISWOLD, President.
Tert. JEDEDIAH STRONG, Sec'ry.
The Foregoing ratification being engrofled, dupli
cates on parchment were subscribed, and certificates
accordingly. The one to be tranfmited to Congress,
and the other lodged in the office of the Secretary
of this State;
“ While with your Excellency, we contemplate
and approve the peaceable and orderly condition of
the State, and with great Satisfaction, perceive its
recovery from the wastes of war; we also regret the
prevalence of habits, opposed to that Salutary mean
of relief, ceconomy: And We trust the inhabitants
of thefeStates will discern the propriety of refraining
from the use of foreign, and affording every encou
ragement to the manufacture of our own produc
tions.
quifite provisions for authenticating and preser
ving the reports of the Commissioners, and other
documents of these tranfa&ions, and for defraying
whatever expences may have arisen on these bene
ficial Services.
^^^ $^ s»^s:^^ :$^ # ^^^&^A^
BY order of the Hon. John Slofs Hobart, Esq.
one of the Judges of the Supreme Court of Ju
dicature of the State of New-York ; Public Notice
is hereby given, by the petitioners of Thomas
Lawrence and Jacob Morris, of the city of New-
York,merchants, insolvent debtors, to all the credi
tors of the said Thomas Lawrence & Jacob Morris,
*to the creditors of either of them, that they shew
cause if any they have, before the Hon. John Slofs
Hobart, Esq. at his Chamber, situated in Crown
ftreet, in the said city; by Monday the 28th day of
January inst. why an assignment of the estate of the
said Thomas Lawrence and Jacob Morris, should
not be made, and the said Thomas Lawrence and
Jacob Morris difeharged agreeable to a law of this
State, entitled 'An a& for the relief of insolvent
debtors,' passed the 13th day of April, 1786. Dat
ed this lath day of January, 1788.
THOMAS LAWRENCE,
67 4 JACOB MORRIS.
Arrivals face our Last
Ship Mary, , Londonderry.
Eliza, Mercer, Liverpool.
Brig Little Jane, Gill, London.
Mercury, Weaver, Bristol.
—-, Palmer, Botany-Bay.
Schooner , , Charelfton.
The Peggy and Caty, Anderson, from Gauda
loupe to New-York, is on Shore at Rockaway. The
cargo and rigging saved. The vessel it is expected
may be got off.
On the 12th Dec. Capt. Gill, of the brig Little
Jane, in lat. 36, long. 66, 30, spoke the Sloop Sea
Flower, Samuel Grig, matter, from Rhode-Inland,
for Porto Rico ; out 3 days, all well. On the 14th
Dec. in lat. 36, long. 66, spoke a Hoop from St.
Croix, for New-York, out 25 days —could not be
pofltive to the name of the vessel or master, but
underwood them to be the Bridget, Captc Scott.—
And on the 20th Dec. spoke ch^ fchoorier Nancy,
Robert Stewart, master, for New-York; out 52
days, in lat. 37, long. 67, 30.
It appears, by a report made to the Hon. the Le
gislature by the Commissioners for destroying the
paper currency of this State, that they have, as the
law directs, destroyed, by burning to allies, 4170
bills, amounting to 6000 pounds.
On Friday arrived in the harbor, His Mort Chris
tian Majesty's frigate l'Aigrette, from Brest. In
this frigate came passengers His Excellency the
Count de Mouftiers, Minister Plenipotentiary from
the Court of France to the United States, his son, the
Marchioness de Brehan his lifter, with her son the
young Marquis de Brehan, &c. The frigate was
saluted from the fort, which was returned with the
usual etiquette ; and on the fame day his Excellency
landed amidst the acclamations of a multitude of ci
tizens.
* ^>^>^ # ^& ^ <^ e>^>fe
Messrs. Printers,
The following Extract from " Stevens's celebrated
Leß.ure on heads,'' applies so nvell to the " Doubt
full Gender" of this metropolis, you zuill oblige
me by giving it a place in,our paper. N.
" T lIESE creatures adorn the out-fide of their
heads to attack the ladies hearts; and they are pro
moted to places, in the Service of the ladies, in pro
portion to their refpeAive merits. They are tea-cup
carriers, fan-bearers, and sass- box holders. This
is the" He" at the one end ofthe town, and this is
the "He" at the other end ofthe town. It would
perhaps give pain to any one of this audience to have
fuchapomantum cake pasted totheir heads. But the
extreme delicate creatures these represent, feldoni
make any other use of their heads than to have their
hair or wigs dressed upon them. They smile and
simper, they ogle, they admire every lady, and ev
ery lady alike. —Nay, they copy the manners of the
ladiesjo closely, that grammarians are at a loss whe
ther to rank them with the mafeuline or feminine,
and therefore put them down as the doubtful gender.
These heads, from the quantity of powder lavished
upon them, are called Ammunition Caxons; and
thus sweetened ov^, like the sugar on the top of a
twelfth cake, may seem to denote that the wearers
must be very fiveet fellows."
AVery valuable Lot of Ground with a conveni
ent house on the fame, situated in William
ftreet, No. 57, containing in front 26 feet, and in
rear 20 feet, and in length on each fide 70 feet.
For further particulars enquire of Thomas Longley
on the premises. 46
He has for sale, a large assortment of fine toned
violins and flutes with all the keys, voice flutes,
consort flutes, clarinets, haut-boys, bassoons, Frencli
h orns, trumpets, fifes proper for the field, ftickado
paftorals, eaolin harps, books of inftru&ions, and
firings for every instrument, pitch-pipes, tuning
forks and hammers, ruling pens, mutes in brass
and ivory fcreWs, bridges, mufick delks, and a few
of the newest songs set to music: These and
every article may be had as good and as cheap as
in London. A great allowance will be made to
dealers in those articles. Instruments fold on com
mission, taken in exchange, let out, repaired and
tuned in the best manner, and on the molt rea
sonable terms. 58
I 'HE Holders of Certificates issued from theTrea
fury of this State, for interest, are hereby in
formed that they can receive payment sot one fourth
part of such Certificates, by applying at the Trea
sury Office, at any time after the firft day of Fe
bruary next.
GERARD BANCKER, Treafuferi
Jan. 10, 1788. 67
To be S O L D,
At Public Auction,
On the qtb of February, at the Merchants Coffee- '
House, at 12 o'cloch ;
To be Sold, at Public Vendue,
On Thursday the 14th day of February next, oti,
' the premiles, if net Sold before at Private Sale,
The FA R M,
LATELY occupied by Valentine H. Peters, Esq.
deceased, of South-Hempftead, Queens Coun
ty, Long ISland, containing about forty acre% of
land, under the highert improvement, together
with a number of acres of plain land, inclofed and
id good fence ; there are on said place, a good large
commodious dwelling-house, barn and other but
houfes in good repair. Also, will be fold at the
lame time, two separate pieces of wood-land, lying
contiguous to said place, containing about Sixty a
cres, and a piece of salt-meadow, of about twenty
acres, lying within four miles of said place. Thia
farm is pleasantly Situated in the town of Hemprtead,
within forty rods of two churches; it is an excel
lent Stand for any kind of public business. The a
bove will be fold together or separate, is may best
suit the purchaser. The terms of payment will
be made known orifaid day. Any perfoi linclining
to purchase at private sale, may know the terms by
applying to HARRY PETERS, of Oyster-bay, or
Wm.TREDWELL, No. 173, Water-llreet, New-
York, Executors.
January 17, 1788. 68
PUBLIC notice is hereby given, that by virtue
of a writ to me dire—ed, issued out of the
Court of Chancery for this State, I Shall expose tb
Sale, at Public Vendue, on the last Tuesday of Fe
bruary next, at t\yo o'clock in the afternoon, at th^
house of David Thomas, in Salem, in the county
of Washington ; all that certain tract of Land for
merly situated in the county of Albany, afterwards
in the county of Charlotte, now called Washing
ton county, on the east fide of Hudson's river, be
ing part of a large tract of land granted by letters
patent under the great seal of the province of New-
York, bearing date the Second day of May; in the
year of our Lord one thousand Seven hundred and
fifty-four, to William Cockroft and others, and
which is commonly called the Provincial Patent,
by the name and diftindion of lot No. 24, begin
ing at the southeasterly corner of lot No. 38, and
tuns from thence north fifty-five chains and Sixty
rwo links; thence east forty-fix chains and ninety
nine links ; thence south fifty-five chains and f^ty
two links, and thence weft forty-fix chains and
ninety-nine links to the place of beginning; con
taining two hundred and sixty-two acres, and two
roods of land stria mehfure: And being bounded
to the well by lot No. 23, to the south by lot No.
37, to the east by lot No. 25, and to the north by
lot No. 17. Given under my hand this 31st day
of December, in the year of our Lord 1787.
H. M. COLLISTER,
67 Sheriff of Washington county.
THIS DAY IS PUBLISHED,
And to be fold by the Printers hereof, by Meffis4
Berry and Rogers, Mr. R. Hodge, Mr. S. Camp"
bell, Mr. T. Allen, and Mr. T. Greenleaf,
THE
American' Magazine.
CONTAINING.
A MISCELLANEOUS COLLECTION OF
Original and other valuable Essays,
IN PROSE AND VER§£,
AND CALCULATED BOTH FOR
INSTRUCTION and ENTERTAINMENT.
For D ECEMBE R 1787.
-D--O D 1)
Muftcal Instrument Manufactory, frdm London,
No. 66, Queen-Street.
ORGANS, harpsichords and forte-pianoes, fpin
nets, forte-planoe and common guittars, finish
ed jn the newest taste. The pianoe-forte is become
the rflof tfafhionable instrument, and is introduced
into almost every polite family in England, and is
esteemed a complete accompanyment to the female
voice; it takes up but little room, apd may be mov
ed with ease, and consequently kept in tune with
little attention, and on that account superior to the
harpsichord.
Mr. Dodds refpeAfully informs the gentlemen
and ladies, that he manufactures this valuable and
delightful instrument equal to any which may be
imported, and twenty-five per cent, cheaper. It
is well known, imported instruments are greatly
impaired by the seas, not one in four, giving per
fecft fatisfaAion. Mr. Dodds has made it his Study
to procure seasoned wood for manufacturing this
instrument, and can therefore rec®mmend with
the strictest integrity to his customers ; but if any
instrument Should prove in any way defective, he
will change it by paying the usual hire for the time
retained.