The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-02-21 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 43, of VOL. XLII.]
THURSDAY, February 21, 1788.
[Total NUMB. 2223.]
HERE TRUTH UNLICENSED REIGNS; AND DARES ACCOST—EVEN KINGS THEMSELVES, OR RULERS OF THE FREE. Thompson's Liberty.
NEW-YORK: Printed and Published by THOMAS GREENLEAF, at the PRINTING-OFFICE, No. 25, WATER-STREET.
State of New-York, Court of Admiralty. Charles March, Timothy Penny, Abraham P. Mendes, John Thompson, Gad Wells, and others, Libellants.
vs. Sundry goods, Wares and Merchandize, saved out of a vessel having no person on board, by John Shannon and others, and claimed by Gibson Bourke, John Donnan and the said John Shannon and others, and claimed in part by Daniel McCormick for Hyem Cohen, and by William Cock for Richard Hall.
WHEREAS Charles March, Timothy Penny, Abraham P. Mendes, John Thompson, Matthew Fergo, John Howard, Gad Wells, Samuel Eells, and Peter Noyes, junior, as passengers, and Malcom Taylor, and Henry Harris, as mariners on board of the brigantine Port-Roseway, have filed a libel in the said court, setting forth that in and with the said brigantine, in a voyage from the island of Jamaica to New-London, in Connecticut, on or about the first day of August, in the year 1784, in the latitude of 23 degrees and 30 minutes north or there abouts, they discovered, and went to a vessel with only her foremast standing, and having no living creature on board, and five feet water in her hold; and that they saved and took out of the said brigantine, sundry goods, wares, and merchandize, which were by them brought to the port of New-York, and there sold at public vendue, by order of Gibson Bourke, and John Donnan, of the said city, merchants: And whereas it appears by return of sales of Anthony L. Bleeker, that the said merchandize so saved and brought to the port of New-York, consisted of the following articles, viz. Six hogheads of sugar, the marks & numbers whereof were defaced, one hoghead of sugar marked F. No. 102, one other hoghead of sugar marked W.B. No. 185, one other hoghead of sugar, marked F.S. one hoghead of spirits, marked E. [enclosed by a diamond] No. 6, one other hoghead of spirits, marked B.E. No. 4, one other hoghead of spirits, marked B.E. No. 5, one other hoghead of spirits, marked B.R. No. 3, one other hoghead of spirits, marked W.B. No. 7, one other hoghead of spirits, marked W.B. No. 8, and one other hoghead of spirits, marked W.B. No. 9, thirteen bales of cotton wool without mark or number, a bale of cotton wool, marked H. fifteen other bales of cotton wool, the marks & numbers whereof were defaced; four whole bales, four half bales, four broken bales, and four bundles of cotton wool, the marks whereof, if any had been, could not be discovered, a quantity of logwood, and five hundred and fifty-one feet of mahogany. And whereas, by an advertisement formerly published in one of the news papers printed in New-York, the said goods and merchandize were said to have been saved and taken on board of the said brigantine Port-Roseway, on Thursday the 5th day of Aug. 1784. And whereas, Gibson Bourke and John Donnan, on behalf of John Shannon, master, and Samuel Nesbitt, mate, Malcom Taylor, Martin George, John Harper, Sweeney Wilson and Alexander M'Kenzie, mariners, and Richard Hall, owner of the said brigantine Port-Roseway, have filed a claim in the said court, praying a decree for their proportional shares of the net proceeds of the said goods: and whereas, Daniel McCormick, of the city of New-York, merchant, for and on behalf of Hyem Cohen, of the island of Jamaica, hath filed a claim in the said court, to the monies which have arisen from the sales of the said cotton wool, or part thereof, after the payment of salvage: and whereas William Cock, of the city of New-York, Esq. for and in behalf of Richard Hall, of Shelburne, Esq. in Nova-Scotia, as sole owner of the said brigantine Port-Roseway, hath also filed a claim in the said court, praying an allowance for salvage out of the monies arisen by the sale of the said goods, wares and merchandize. And whereas, it appears by the deposition of William M'Kenzie and Malcom Taylor, two of the persons on board the brigantine Port-Roseway, at the time the said goods and merchandize were so saved and taken on board; that the defected vessel out of which the said goods were saved, were generally supposed by themselves and others then present, to have been a brigantine; and it further appears by the said deposition, and the deposition of Sweeney Wilson, which deposition were severally taken in open court, that the said defected vessel was a float vessel (perhaps about three hundred tons burthen) had a woman's head, with guard-irons round it, that she had black sides, and yellow mouldings, that she had either three or four ports on each side abaft her chains, that she had a double deck as far as her main-mast, and had deck-beams but no plank on them before her main-mast as part of her lower deck, that she had quarter-barges, but no quarter-galleries, and was plain behind, and that her quarter-deck was raised about three feet above her main-deck. Therefore, pursuant to an order of the said court, public monition and notice is hereby given to all persons interested, or claiming to be interested, in the said goods, wares and merchandize, so saved, or any part thereof, to put in a claim in the said court for the same, within one year and a day from the day of the date of this monition and notice. Dated the eighth day of October, in the twelfth year of the Independence of the state of New-York, and the year of our Lord, 1787.
By order of the court of Admiralty, JOHN GRAHAM, Marshal. 36 3m New-York RUM Of excellent Flavour and good Proof, FOR SALE, By Charles Tillinghast, At the DISTILLERY, near the New Market, Cherry-Street, and nearest to the Ship-Yards.
At a Court of Chancery, held at the Chancellor's Chambers, in the City of New-York, the eleventh Day of December, in the Year of our Lord one Thousand seven Hundred and Eighty-seven.
P R E S E N T, The Hon. ROBERT R. LIVINGTON, Esq. Chancellor. Stephen Skinner, } FORAMUCH as it ap- vs. } pears to this court, that William Gray, and } a bill hath been filed there- William Deane. } in by Stephen Skinner, mort- gagagee, against William Gray, and William Deane, to obtain a decree for the sale of certain premises therein mentioned to have been mortgaged by the said William Gray, to the said Stephen Skinner; whereupon process of subpoena to appear and answer, hath been duly issued and returned, and that the said William Gray, hath not entered his appearance in this cause, as according to the rules of this court the same ought to have been entered, in case the said process had been duly served; and an affidavit having been made to the satisfaction of this court, that on strict search and diligent enquiry in the county of Westchester, and elsewhere, the defendant William Gray, cannot be found to be served with the said process, by which the said William Gray was directed to appear in this honorable court, on the twelfth day of October last past, at the suit of the said Stephen Skinner, and which said subpoena issued on the filing of the bill of complaint in this cause; wherefore it is ordered, on motion of Mr. Troup, of counsel, for the complainant, that the said William Gray appear to the said bill, on or before the nineteenth day of February now next ensuing, and in default thereof, that the complainant's said bill be taken pro confesso, so far forth as it in any wise concerns the said defendant, the said William Gray; to the end, that a decree may be made for a sale of the said premises, or such part thereof as to this court shall appear just and right; and it is further ordered, that a copy of this order, within twenty days from the date hereof, be inserted in, at least, two of the public newspapers printed in the state of New-York, for the space of eight weeks successively.
Extract from the minutes, 99 8w. th. W. COCK, Register.
At a Court of Chancery, held at the Chancellor's Chambers, in the City of New-York, the eleventh Day of January, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T, The Hon. ROBERT R. LIVINGTON, Esq. Chancellor. Stephen Skinner, } MR. TROUP, of coun- vs. } sel for the complain- William Gray, and } ant suggesting to the court, William Deane. } that the order of the ele- venth day of December now last past, had not been inserted within twenty days from the date thereof, in two of the public newspapers printed in this state, as according to the said rule the same ought to have been done; wherefore, on motion of Mr. Troup, the honorable the chancellor orders, and directs, that the said order stand renewed, giving the said defendant time to appear on or before the nineteenth day of March now next ensuing.
Extract from the minutes, 99 8w. th. W. COCK, Register.
At a Court of Probate of the State of New-York, held at the Probate-Office, in the City of New-York, on the twenty-third Day of January, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Moses Wicka and Vanhaciah Robins, executors of the last will and testament of Jeremiah Ruland, late of Huntington, in the county of Suffolk, yeoman, deceased, have by their petition presented to the said judge, set forth, that the said Jeremiah Ruland, was at the time of his death seized of a real estate within this state, that the petitioners have made a just and true account of the personal estate and debts of the said Jeremiah Ruland, as far as they have been able to discover the same, and that thereby it appears, that the personal estate of the said Jeremiah Ruland was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Jeremiah Ruland, do appear before the judge of the said court of Probates, at the Probate-Office in the city of New-York, on the tenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Jeremiah Ruland died seized should not be sold, as will be sufficient to pay his debts.
99 th. 4w. PETER OGILVIE.
NOTICE is hereby given to all persons indebted to Jacob Hagerman, of the city of New-York, an insolvent debtor, that unless they make immediate payment to the subscribers, their accounts will be put in the hands of an attorney; and all his creditors are desired to bring in their accounts properly attested. A dividend is intended to be made on the first Monday in March next, provided the creditors accounts are sent in to
JOHN MURRAY, or WALTER BUCHANAN, } Assignees. New-York Dec. 13, 1787. 3w 1c. th.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the 19th day of March, 1774, entitled, "An act for the more effectual registering of mortgages, and securing the purchasers of mortgaged estates;" that on the sixth day of June next ensuing, at ten o'clock in the forenoon, will be sold at the house of DAVID DAN, in Bedford, Westchester county, and state of New-York, to the highest bidder; all that certain Farm, Tract, pieces, or parcel of Land, lying and being in Bedford, and bounded as follows, to wit, beginning at the house of Benjamin Hayes, where he now lives, running westerly as it winds round Hayes's land, and northerly to the high way, thence westerly along the high way until it comes to Lewis M'Donald's land, thence southerly until it comes to David Dan's land, thence easterly and northerly along said Dan's land until it comes to the high way or Town's land by the burying ground, thence by the high way westerly until it comes to Benjamin Hayes's land, thence by Hayes's land as it winds to the place of beginning; also one other piece of Land, lying on the north side of the high way, beginning at the Court-house, thence westerly by the high way until it comes to Lewis M'Donald's land, thence northerly and westerly as it winds to Abraham Canfield's land, thence northerly and westerly by Abraham Canfield's land as it winds to the high way, thence northerly by the high way to Abraham Canfield's land, thence east by said land, until it comes to the land of the late Stephen Holmes, deceased, thence southerly and westerly until it comes to the parsonage lands, thence near the same course until it comes to James M'Donald's land, thence westerly and southerly winding round M'Donald's land to the place of beginning; containing in the whole eighty acres, more or less, with the appurtenances which said premises were by indenture bearing date the 10th day of May, one thousand seven hundred and eighty-six; mortgaged by Jonathan Platt, of Bedford, Westchester county and state of New-York, to Daniel Bowne, of New-York, for securing the payment of eight hundred pounds with lawful interest for the same.
The conditions will be made known on the day of sale, by the subscriber, New-York, Nov. 20, 1787. 45 th. 6m. DANIEL BOWNE.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the nineteenth day of March, 1774, entitled, "An act for the more effectual registering of mortgages and securing the purchasers of mortgaged estates;" that on the twenty-eighth day of July next ensuing, at eleven o'clock in the forenoon, will be sold at the Coffee-House, to the highest bidder, all that certain LOT OF GROUND, situate, lying, and being in the city of New-York, in the Dock-Ward of the same, with incumburance of a mortgage in the Loan-Office, for two hundred and eighty pounds, or thereabouts, and contains in breadth, in front and rear, twenty-five feet four and an half inches, in length, on each side, about ninety-one feet, and is bounded southerly, in front by the dock, westerly, by ground of Mary Tea Eyck, northerly, in the rear by ground now or late the property of John Lambert, and easterly, by ground of the heirs of Peter Delancey, with the appurtenances, which said premises were, by indenture, bearing date the fifteenth day of January, one thousand seven hundred and eighty-seven; mortgaged by Charles Duryee, of the county of New-York, to Thomas Bowne, Daniel Bowne, and Samuel Osgood, of New-York, for securing the payment of five hundred and thirty-six pounds seventeen shillings and seven-pence, with lawful interest for the same.
The conditions will be made known on the day of sale by subscribers. THOMAS BOWNE, DANIEL BOWNE, SAMUEL OSGOOD, New-York, Jan. 24, 1788. 99 th. 6m
WHEREAS David Peck is possessed of three certain Notes of Hand, given to him by Jonathan Platt, and the subscriber, bearing date the twentieth day of November, one thousand seven hundred and eighty-seven, one of the said notes for the sum of thirty pounds, on demand, one other of the said notes for one hundred pounds, payable on the first day of May, one thousand seven hundred and eighty-eight, and the other of the said notes, for the sum of one hundred and seventy pounds, payable on the first day of May, one thousand seven hundred and eighty-nine; all which said three notes were deposited in his hands, upon conditions of their delivery of them by a certain day, which is past; and whereas the conditions have not been complied with, and the said David Peck, retaining the same, has refused the redelivery of them, and has offered them for sale, this may serve to notify all persons, that the payment of the said notes will be refused, and prosecutions commenced for the redelivery of them.
BENONI PLATT Jan. 24, 1788. 99 th. 4w
FLAX-SEED, STORED, Cleaned, Purchased and Sold at HARTELL and WOODWARD Flax-seed store lately occupied by Mr. JACOB SARLY, last by Mr. Nash, between Van Zandt's and Murray's Wharves. 38 —e.d.
At a Court of Probates of the state of New-York, held at the Probate Office, in the city of New-York, on the thirteenth day of February, in the year of our Lord one thousand seven hundred and eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Johan Daniel Gros and Catharine Paris, executor of Isaac Paris, late of Stone Arabia, in the county of Montgomery, esquire, deceased, have by their petition presented to the said judge, set forth, that the said Isaac was at the time of his death seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Isaac Paris as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said Isaac Paris was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates;" and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Isaac Paris, do appear before the judge of the said Court of Probates, at the Probate Office, in the city of New-York, on the thirty-first day of March next, to show cause, if any they have, why so much of the real estate whereof the said Isaac Paris died seized, should not be sold as will be sufficient to pay his debts.
PETER OGILVIE.
TO BE SOLD, At PRIVATE SALE, a Pleasant situated F A R M, BETWEEN Rack Pond and Fresh Creek, adjoining the sea, at Shrewsbury, in Monmouth county, in the state of N. Jersey, containing one hundred and fifty acres. The payment will be made easy to the purchaser, and a good title will be given. For further particulars enquire of PETER OGILVIE, at No. 6, Crown-Street. New-York, Feb. 13, 1788. 17
By Order of the Hon. John Sloss Hobart, Esq. one of the Judges of the Supreme Court of Judicature of the State of New-York:
NOTICE is hereby given by the petitioners, to all the creditors of Daniel Birdfall, jun. and William Birdfall, insolvent debtors, to appear before the said judge, at his chambers in Crown-Street, on Monday the twenty-fifth day of February inst. to show cause, if any they have, why an assignment of the estate of the said Daniel Birdfall, jun. and William Birdfall should not be made, and they be discharged, pursuant to the directions of an act of the legislature of the state of New-York, entitled, "An act for the relief of insolvent debtors," passed the 13th day of April, 1786. DANIEL BIRDSALL, Jun. WILLIAM BIRDSALL.
Dated this 11th day of February, 1788. 15. e. d.
At a Court of Probates of the State of New-York, held at the Probate-Office in the City of New-York, on the thirtieth Day of January, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esq. Judge of the said Court.
WHEREAS Mary Van Wart, administratrix of Abraham Van Wart, late of Philips Manor, in the county of Westchester deceased, hath by her petition, presented to the said judge, set forth, that the said Abraham Van Wart, was at the time of his death, seized of a real estate within this state, that the petitioner had made a just and true account of the personal estate and debts of the said Abraham Van Wart, as far as she had been able to discover the same; and that thereby it appeared, that the personal estate of her said intestate was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "An act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills respecting real estates;" and the said petitioners hath delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Abraham Van Wart, do appear before the judge of the said court of Probates, at the Probate-Office, in the city of New-York, on the seventeenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Abraham Van Wart, died seized, should not be sold, as will be sufficient to pay his debts.
5 th 4 w. PETER OGILVIE.
THE Auditors appointed to liquidate and settle the accounts of the troops of the state of New-York, in the service of the United States, do hereby give notice, that they will meet at the house of Stephen Hendricks, in Poughkeepsie, on Tuesday, the 19th of February next, in order, to proceed upon the business of their office, and will attend to the same for two weeks, unless they should be able to close their accounts sooner; they therefore request all persons that are entitled to receive certificates from them, to attend within the term aforesaid, either by themselves or their orders, to receive the certificates they are entitled to by law. THOMAS MOFFAT, } JOHN HARING, } Auditors. JOSEPH GAHERIE, } 20th January, 1788, 5 4w th

For the NEW-YORK JOURNAL, &c. BRUTUS, No. XIII.
HAVING in the two preceding numbers, examined the nature and tendency of the judicial power, as it respects the explanation of the constitution, I now proceed to the consideration of the other matters, of which it has cognizance. — The next paragraph extends its authority, to all cases, in law and equity, arising under the laws of the United States. This power, as I understand it, is a proper one. The proper province of the judicial power, in any government, is, as I conceive, to declare what is the law of the land. To explain and enforce those laws, which the supreme power or legislature may pass; but not to declare what the powers of the legislature are. I suppose the cases in equity, under the laws, must be to construe, as to give the supreme court not only a legal, but equitable jurisdiction of cases which may be brought before them, or in other words, so, as to give them, not only the powers which are now exercised by our courts of law, but those also, which are now exercised by our court of chancery. If this be the meaning, I have no other objection to the power, than what arises from the undue extension of the legislative power. For, I conceive that the judicial power should be commensurate with the legislative. Or, in other words, the supreme court should have authority to determine questions arising under the laws of the union.
The next paragraph which gives a power to decide in law and equity, on all cases arising under treaties, is unintelligible to me. I can readily comprehend what is meant by deciding a case under a treaty. For as treaties will be the law of the land, every person who has rights or privileges secured by treaty, will have aid of the courts of law, in recovering them. But I do not understand, what is meant by equity arising under a treaty. I presume every right which can be claimed under a treaty, must be claimed by virtue of some article or clause contained in it, which gives the right in plain and obvious words; or at least, I conceive, that the rules for explaining treaties, are so well ascertained, that there is no need of having recourse to an equitable construction. If under this power, the courts are to explain treaties, according to what they conceive are their spirit, which is nothing less than a power to give them whatever extension they may judge proper, it is a dangerous and improper power. The cases affecting ambassadors, public ministers, and consuls—of admiralty and maritime jurisdiction; controversies to which the United States are a party, and controversies between states, it is proper should be under the cognizance of the courts of the union, because none but the general government, can, or ought to pass laws on their subjects. But, I conceive the clause which extends the power of the judicial to controversies arising between a state and citizens of another state, improper in itself, and will, in its exercise, prove most pernicious and destructive.
It is improper, because it subjects a state to answer in a court of law, to the suit of an individual. This is humiliating and degrading to a government, and, what I believe, the supreme authority of no state ever submitted to.
The states are now subject to no such actions. All contracts entered into by individuals with states, were made upon the faith and credit of the states; and the individuals never had in contemplation any compulsory mode of obliging the government to fulfil its engagements.
The evil consequences that will flow from the exercise of this power, will best appear by tracing it in its operation. The constitution does not direct the mode in which an individual shall commence a suit against a state or the manner in which the judgement of the court shall be carried into execution, but it gives the legislature full power to pass all laws which shall be proper and necessary for the purpose. And they certainly must make provision for these purposes, or otherwise the power of the judicial will be nugatory. For, to what purpose will the power of a judicial be, if they have no mode, in which they can call the parties before them? Or of what use will it be, to call the parties to answer, if after they have given judgment, there is no authority to execute the judgment? We must, therefore, conclude, that the legislature will pass laws which will be effectual in this head. An individual of one state will then have a legal remedy against a state for any demand he may have against a state to which he does not belong. Every state in the union is largely indebted to individuals. For the payment of these debts they have given notes payable to the bearer. At least this is the case in this state. Whenever a citizens of another state becomes possessed of one of these notes, he may commence an action in the supreme court of the general government; and I cannot see any way in which he can be prevented from recovering. It is easy to see, that when this once happens, the notes of the state will pass rapidly from the hands of citizens of the state to those of other states.
And when the citizens of other states possess them, they may bring suits against the state for them, and by this means, judgments and executions may be obtained against the state for the whole amount of the state debt. It is certain the state, with the utmost exertions it can make, will not be able to discharge the debt she owes, under a considerable number of years, perhaps with the best management, it will require twenty or thirty years to discharge it. This new system will protract the time in which the ability of the state will enable them to pay off their debt, because all the funds of the state will be transferred to the general government, except those which arise from internal taxes.
The situation of the states will be deplorable. By this system, they will surrender to the general government, all the means of raising money, and at the same time, will subject themselves to suits at law, for the recovery of the debts they have contracted in effecting the revolution.
The debts of the individual states will amount to a sum, exceeding the domestic debt of the United States; these will be left upon them, with power in the judicial of the general government, to enforce their payment, while the general government will possess an exclusive command of the
most productive funds, from which the states can derive money, and a command of every other source of revenue paramount to the authority of any state.
It may be said that the apprehension that the judicial power will operate in this manner is merely visionary, for that the legislature will never pass laws that will work these effects. Or if they were disposed to do it, they cannot provide for levying an execution on a state; for where will the officer find property whereon to levy?
To this I would reply, if this is a power which will not or cannot be executed, it was useless and unwise to grant it to the judicial. For what purpose is a power given which it is imprudent or impossible to exercise? If it be improper for a government to exercise a power, it is improper they should be vested with it. And it is unwise to authorise a government to do what they cannot effect.
As to the idea that the legislature cannot provide for levying an execution on a state, I believe it is not well founded. I presume the last paragraph of the 8th section of article 1, gives the Congress express power to pass any laws they may judge proper and necessary for carrying into execution the power vested in the judicial department. And they must exercise this power, or otherwise the courts of justice will not be able to carry into effect the authorities with which they are invested. For the constitution does not direct the mode in which the courts are to proceed, to bring parties before them, to try causes, or to carry the judgement of the courts into execution. Unless they are pointed out by law, how are they to proceed, in any of the cases of which they have cognizance? They have the same authority to establish regulations in respect to these matters, where a state is a party, as where an individual is a party. The only difficulty is, on whom shall process be served, when a state is a party, and how shall execution be levied. With regard to the first, the way is easy, either the executive or legislative of the state may be notified, and upon proof being made of the service of the notice, the court may proceed to a hearing of the cause. Execution may be levied on any property of the state, either real or personal. The treasury may be seized by the officers of the general government, or any lands the property of the state, may be made subject to seizure and sale to satisfy any judgement against it. Whether the estate of any individual citizen may not be made answerable for the discharge of judgements against the state, may be worth consideration. In some corporations this is the case.
If the power of the judicial under this clause will extend to the cases above stated, it will, if executed, produce the utmost confusion, and in its progress, will crush the states beneath its weight. And if it does not extend to these cases, I confess myself utterly at a loss to give it any meaning. For if the citizen of one state, possessed of a written obligation, given in pursuance of a solemn act of the legislature, acknowledging a debt due to the bearer, and promising to pay it, cannot recover in the supreme court, I can conceive of no case in which they can recover. And it appears to me ridiculous to provide for obtaining judgement against a state, without giving the means of levying execution.
BRUTUS.
From a Correspondent at Poughkeepsie the Printer has been favored with the following Particulars, not yet published.
Thursday, January 31st, 1788, A. M. THE house resolved itself into a committee of the whole house on his Excellency the Governor's speech, and the papers which accompanied the same, and after some time spent thereon Mr. Speaker resumed the chair, and Mr. James Livingston from the said committee reported, that when the committee came to the proceedings of the General Convention, lately held in Philadelphia, and the act of the United States in Congress for their transmission to the legislatures of the different states, Mr. Benzon made a motion in the words following, viz. "Whereas the United States in Congress assembled, did on the twenty-eighth day of September last, unanimously resolve," that the report of the convention of the states lately assembled in Philadelphia, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case,
"Therefore," Resolved as the sense of this committee, that the said report, with the said resolutions and letter accompanying the same, be submitted to a convention of delegates to be chosen by the people of this state, "that Mr. Schoonmaker then made a motion, as an amendment, that the recital to the resolution contained in the motion of Mr. Benzon be struck out, and the following recital substituted in the stead thereof, viz. Whereas the senate and assembly of this state, at their last session, appointed delegates to meet such delegates as might be appointed on the part of the other states respectively, on the second Monday of May then next, and now last, at Philadelphia, for the sole and express purpose of revising the articles of confederation, and reporting to Congress and to the several legislatures such alterations and provisions therein as should, when agreed to in Congress, and confirmed by the several legislatures, render the Federal Constitution adequate to the exigencies of government and the preservation of the union; and whereas delegates from several of the states in the union, met in the month of May last at Philadelphia for the purpose aforesaid, and have reported their proceedings to the United States in Congress assembled—Whereupon Congress on the 23th day of September last, did unanimously resolve, that the report of the convention of the states lately assembled in Philadelphia, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case. And whereas the said convention of the states, instead of revising and reporting alterations and provisions in the articles of confederation, have reported a new constitution for the United States, which, if adopted, will materially alter the constitution and government of this state, and greatly affect the rights and privileges of the people thereof;"—That debates arose thereon, and the question
being put on the motion of Mr. Schoonmaker, it passed in the negative, in the manner following, viz.
For the Negative. Mr. Winant, Mr. Hedges, Mr. Niven, Mr. Benzon, Mr. Silvester, Mr. Osborn, Mr. Gansevoort, Mr. Sands, Mr. Paterson, Mr. Low, Mr. Speaker, Mr. Verplanck, Mr. Van Orden, Mr. Sickels, Mr. Van Ingen, Mr. Younglove, Mr. Arndt, Mr. Brooks, Mr. Gordon, Mr. John Livingston, Mr. Tillotson, Mr. Lewis, Mr. Harison, Mr. Powers, Mr. Havens, Mr. P. Cantine, Mr. Wina.
For the Affirmative. Mr. Jones, Mr. Savage, Mr. Carman, Mr. Schoonmaker, Mr. Taulman, Mr. J. Cantine, Mr. J. Smith, Mr. Bruyn, Mr. Doughty, Mr. Bloom, Mr. Wyckoff, Mr. Graham, Mr. Tearse, Mr. Wisner, Mr. Baker, Mr. Clinton, Mr. D'Witt, Mr. Tompkins, Mr. Gilbert, Mr. N. Smith, Mr. Strang, Mr. Drake, Mr. Frey, Mr. Clark, Mr. Webster,
That Mr. Jones then made a motion, as a farther amendment to the motion of Mr. Benzon, that to the resolution contained in the motion of Mr. Benzon, the following words be added, viz. "for their free investigation, discussion, and decision," that debates arose thereon, and the question being put on the motion of Mr. Jones: it passed in the negative, in the manner following, viz.
For the Negative. Mr. Winant, Mr. P. Cantine, Mr. Niven, Mr. Benzon, Mr. J. Smith, Mr. Hedges, Mr. Silvester, Mr. Osborn, Mr. Gansevoort, Mr. Sands, Mr. Tearse, Mr. Low, Mr. Speaker, Mr. Verplanck, Mr. Van Orden, Mr. Sickels, Mr. Van Ingen, Mr. Younglove, Mr. Arndt, Mr. Brooks, Mr. Graham, Mr. John Livingston, Mr. Tillotson, Mr. Lewis, Mr. Powers, Mr. Harison, Mr. Savage, Mr. Wina.
For the Affirmative. Mr. Jones, Schoonmaker, Mr. Carman, Mr. J. Cantine, Mr. Taulman, Mr. Bruyn, Mr. Doughty, Mr. Bloom, Mr. Wyckoff, Mr. Wisner, Mr. Baker, Mr. Tompkins, Mr. Paterson, Mr. Clinton, Mr. D'Witt, Mr. Havens, Mr. Gilbert, Mr. N. Smith, Mr. Strang, Mr. Drake, Mr. Frey, Mr. Clark, Mr. Webster,
That the question being then put on the motion of Mr. Benzon, it was agreed to by the committee, that the committee had agreed to other resolutions on the subject, which they had directed him to report to the house, and that they had made farther progress in his Excellency the Governor's speech, and the papers accompanying the same, and had directed him to move for leave to sit again.
Ordered, That the said committee have leave to sit again.
The said resolutions of the said committee being read, were agreed to by the house, and thereupon the house entered into the following resolution, viz.
[The purport of this resolve was, that the constitution be submitted to a convention of delegates, to be chosen by ballot; the same number of members, in the same manner, at the same time chosen, and to be allowed the same wages as the members for the house of assembly this year, viz. on the 3d Tuesday of April next; the convention to set at Poughkeepsie, on Monday the 17th June.]
On the 8th inst. in the house of Assembly, the following Message was received from the council.
In COUNCIL OF REVISION, Feb. 7, 1788. P R E S E N T, His Excellency Governor Clinton, The Hon. Mr. Chancellor Livingston, The Hon. Mr. Justice Yates.
The council objected to the bill entitled, "An act for apprehending and punishing disorderly persons," as inconsistent with the spirit of the constitution and the public good.
Because the offences mentioned in the act are so indefinitely described, and the powers given to a single magistrate in some instances, and to the justices in session in others, so extensive, without the intervention of a jury as to endanger the freedom of citizens of this state, which consists in being governed by the laws alone, and not by the discretion of magistrates.
The first offence is that of persons who shall threaten to run away, and leave their wives and children to the city or town. This offence consists only in words which may be uttered in jest, and exaggerated by malice, or which family diffensions may draw from an irritable man labouring under domestic misfortunes; and would be too severely punished by imprisonment, scourges, and hard labour in a house of correction.
Another set of offenders subject to similar punishments, are those, who not having wherewith to maintain themselves, live idle, and without employment. The being idle and without employment is often involuntary, and owing rather to misfortune than vice; and were it otherwise, it would be more consistent with the spirit of government to leave it to the punishment which naturally attends it, penury and want, than to establish an arbitrary enquiry into the lives and conduct of free citizens; or to take from them, by the ignominy of their punishment all hope of employment in future.
Similar objections lay to the including of all Jugglers. This being indefinite, may, by the ignorance of a single justice of the peace, be extended to the punishment of persons, who endeavour to turn to their own profit, and the pleasure and advantage of society, the discoveries in natural philosophy, and the improvements in mechanism, which the present enlightened age has given birth to. Nor is the clause less exceptionable, which includes all persons pretending to have skill in physiognomy,
palmersty, or the like crafty science. The pretending to knowledge of any kind, which the pretender does not possess, may be weakness and folly, but can never be a crime, unless the pretence is applied to evil purposes; but if the bill should pass into a law, the pretence alone, without any act, may draw after it the heavy punishment of imprisonment, hard labour in a house of correction, stripes and servitude, at the discretion of the justices. This is the more peculiarly severe, from the various constructions, which ignorance or prejudice may put upon those indefinite terms, "or the like crafty science." There are few persons who have not suffered their judgment of men to be biased by their countenances. As it is still doubtful, how far a skill in physiognomy may be acquired by time and study; and as we have as yet experienced no inconvenience from its profession, it cannot be right to obstrukt the improvement of which it may possibly be capable.
The following description of offences tends to great oppression; "all persons who run away, and leave their wives and children whereby they respectively become chargeable to any city or town." This is exceptionable, 1st. From the difficulty of determining the motive with which a man may leave his family, and the causes which may have retarded his return. It may include persons who leave them with a view to provide better for them than they can do by staying at home. It will include those unhappy men, whose misfortunes compel them to avoid an unrelenting creditor; nor is there any man, whatever his present circumstances may be, who may not (through misfortune) incur the heavy penalties annexed to this bill, should it pass into a law. The man who breaks the endearing ties which bind him to his family, more frequently deserves commiseration than punishment; and it certainly would as little consist with humanity and the principles of equal liberty, to leave such persons when poor and friendless to imprisonment, whips and servitude, at the discretion of the magistrate.
GEORGE CLINTON. The house went into the immediate consideration of the said objections, and passed the bill notwithstanding.
REPORT of the COMMITTEE on the TREASURY.
[Continued from Thursday week.]
Statement of Taxes, Public Securities, &c. IN pursuance of a law of this state, passed the 18th day of April, 1786, there have been taken on loan into the treasury the following public securities, viz.
   L. s. d.     Barber's Certificates, 249,046 6 5   Loan Office do. 291,603 11 1   State Agent's do. 27,145 5 1   Cartenius's do. for pensions to officers Widows, &c. 20,520 17 6   Depreciation do. 72,385 18 5   Do. for pay of the New-York line for 1781, 56,549 17 10   Do. for pay of levies and Militia, 133,899 18 5   Do. for money lent to the state, pursuant to concurrent resolutions of senate and assembly, April 1778, and a law passed 30th June 1780, 4,330 15 4   Do. for forage, &c. issued by Messrs. Bostwick, Hay, Lewis, and Cuyler, 265 18 0   Do. for wheat to the levies, 20 0 0   Do. for horses purchased, 6,850 8 0   L. 792,619 16 1  
And, pursuant to the same law, new certificates, have issued from the treasury, in lieu of them, viz.
   For the principal sum, 792,619 16 1   For 4-5ths of the interest that was due, Jan. 1st, 1785, 152,406 18 9   The remaining 1-5th was paid in cash, 38,098 6 9   There remain in circulation: Of the new loan certificates issued for principal, 697,774 12 7   Of those issued for interest, 150,179 10 8   Barber's Certificates, 50,939 10 0   Loan office, do. 108,073 0 2   Cartenius's do. for pensions, 6,666 3 5   Depreciation of pay to the New-York line, 57,881 19 3   Pay of the New-York line, for the year 1781, 11,645 14 0   Pay of levies and militia, 66,596 6 11   Certificates for money lent to the state, in consequence of concurrent resolutions of the senate and assembly, of the 4th April, 1778, and a law of the 30th June, 1780, 537 18 10   Certificates for horses purchased, 1,008 17 0   Do. for claims on forfeited estates, 2,125 2 11   Bills emitted, June 15, 1780, Dollars, 9,828 3 9  
Principal sum, exclusive of interest, L. 1,157,059 19 9
In the course of the last year the treasurer has received for interest on the beforementioned certificates, to December 31, 1784, and paid to the continental commissioner of loans for this state, all the facilities directed by the laws to be paid to him, viz.
   In discharge of the requisition of Dol. 90ths. Sep. 27, 1785, 170,990 60   In discharge of the requisition of Aug. 2d, 1786, 137,434 0   In discharge of the state's deficiencies apportioned by the act of Congress, of 4th Sep. 1782, 54,000 0   } 362,424 60 0  
And there remain in the treasury, towards discharging future requisitions, 987 80 4

The treasurer has also, in pur- suance of a law passed 13th April, 1787, paid to the said commissioner of loans, in specie, £. 17,322 19 11 43,307 44 0 Which, with the sum, which in the same law, he is di- rected to charge, as a former over-play, 29,293 24 0 And the payments to inva- lids, £. 18,572 12 6 46,481 50 0 Amount to 119,042 28 0
The liquidated Continental se- curities now in the treasury, have interest due on them, from December 31, 1784, and will produce interest facilities annually, to the amount of 147,538 0 0
A STATE of the ARREARS of TAXES, or- dered to be raised during the war.
Arrears reported to be due, Dec. 31, 1785.     Paid in since.   L. s. d.     Albany county, 91,568 4 9 3/4 54,895 14 1   Dutchess do. 34,498 16 3 6,293 11 1   Ulster do. 24,005 9 1 7,883 2 6   Orange do. 19,884 15 0 4,485 3 2   West-chester do. 1,234 4 4 3/4 804 8 10   Charlotte do. (now Washington) 1,616 2 8 30 2 1   L. 172,607 12 2 L. 73,837 1 9  
A STATE of the 50,000. TAX, ordered to be raised by a LAW passed April 29th, 1786.
Quota, including fees for collecting. Paid into the treasury.     Paid into the treasury.   L. s. d.     New-York county, 13,000 12,480 4 8 3/4   King's do. 2,400 2,328 6 0   Queen's do. 4,500 4,015 10 0   Suffolk do. 4,500 4,365 11 3   Richmond do. 1,600 1,109 9 3   West-chester do. 3,400 2,838 19 5   Ulster do. 3,400 2,078 14 7   Orange do. 2,800 1,594 9 0   Dutchess do. 5,000 1,958 12 5   Albany do. 4,700 3,156 11 0   Columbia do. 2,300 2,031 1 0   Washington do. 800 466 0 0   Montgomery do. 1,600 1,483 2 0   L. 50,000 L. 39,856 9 9 3/4  
New-York, Dec. 31st, 1787. GERARD BANCKER, Treasurer.
To the PUBLIC.
[Continued from last Thursday.]
BY which resolve it might be understood that captain John Paul Jones had been sent as agent to solicit for payment and satisfaction to the officers and crews of the sloop of war Ranger, and the ship Bon homme Richard, for the prizes the former had taken; and the brig Speedwell (on which the crew of the frigate Alliance had no right) as the Bon homme Richard alone had taken her, when both the Ranger and afterwards the Bon homme Richard were under his command. As it has never been acknowledged by any resolve of Congress (I know of) that said ship, the Bon homme Richard, had ever been in the United States service, though she had the name to be so, and bore their colours whilst she was in company with the United States frigate Alliance; nor was the said ship Bon homme Richard then in the service of the king of France, as captain J. P. Jones had no commission whatever from said king, and that she was fitted out by Mr. Goullade the correspond- ent of Mr. le Ray de Chaumont, as a private or foreigner's ship, and her seamen being ordered to be all foreigners: But the said ship Bon homme Richard was, as his Excellency Benjamin Franklin wrote in his letter dated Pafly, July 5, 1779, to be found page 86, in the first part of my justifying memorial deposited at the merchant's coffee-house in this city, belonging to concerned and of course really nothing in fact but a privateer! Although his Excellency had ordered me by his letter dated Pafly, April 23, 1779, (see page 14th of said memorial) commanding by a resolve of Congress, the United States frigate Alliance, to put myself and said frigate, for a cruise only, under the or- ders of J. P. Jones, the then captain of said pri- vateer ship Bon homme Richard, to which I obeyed cheerfully having never a thought that his Excel- lency would disgrace the United States flag, and degrading the commissioned officers, by placing them under the command of a captain of a priva- teer; by which order I was so misled that before I failed on the second cruise, still thinking at that time the ship Bon homme Richard to be in the United States service, as I was no longer ordered to be under captain J. P. Jones's command, he nevertheless subscribed himself "the honorable John Paul Jones of the continental navy, comman- der in chief of the American squadron, now on an expedition in Europe." See in said memorial, age 32, having my own orders for that cruise gi- ven me, in his Excellency's letter dated Pafly, 28th July, 1779 (see said memorial page 23) notwith- standing which by the reasons alledged by captain J. P. Jones to me about the dangers I must run being alone to meet in the north sea commodore Johnston; upon which, for the good of the ser- vice, I signed an agreement (see the memorial page 25) in which he was to act as commander whilst in company together, but which, in the case he really was, being the captain of a private ship cannot with justice prejudice nor lessen in my right of lawful commander, and of sharing the prizes which we took when we were together as such; therefore the foregoing resolve could not be im- agined to be relative to the prizes taken when the Alliance frigate was present, as the appearance of the ship Bon homme Richard, being an United States frigate was nothing but an imposition: However it will fully appear in the sequel that said resolve was devised by the influence of cap- tain J. P. Jones's proteges and my enemies, that he might take hold of the monies accruing of the prizes, sold in France, taken by the Alliance and other vessels, pay himself how and as he pleased for his own share and former services (besides the
monies he had received before in France) to my and crew's prejudice being with my and their own monies.
Accordingly I had the following given to me out of the board of treasury, viz.
"Extract of a letter from Mr. Jefferson to the board of treasury, dated Paris, Jan. 26, 1786. I have had the honor of inclosing to Mr. Jay, commodore Jones's receipts for 181,139 livres, 1 sols and 10 deniers, prize money which, after de- ducting his own proportion, he is to remit to you, for the officers and soldiers who were under his command."
"A true extract from the original in the office of the commissioners of the board of treasu- ry, New York, April 28, 1786."
(Signed) "William Duer, Sec."
By which it appears that captain J. P. Jones was in possession of that sum amounting to above thirty six thousand two hundred dollars of our prize money as soon as the latter end of the year 1785 as Mr. Jefferson had not sent said receipts as soon as that money was paid, and that to the knowledge of the honorable Congress.
I applied then and since to those honorable commissioners of the board of treasury to whom I had heard Congress had referred the payment of that prize money, when, having received the ac- counts of captain J. P. Jones thereabouts, they sent for me to have some information about the situation of the crew of the Alliance, where those prizes had been taken, on which I told them, that the muster book deposited by my clerk at the ma- rine office (without my knowledge then) was erro- neous, and he had substituted it to the true one, which he had kept; and after I had given to them all the information thereabouts that I possibly could I claimed to be paid my share of that money, as it is a part distinct to that of the officers and crews, and claimed likewise a perusal of the accounts and papers, relative to the agency of captain J. P. Jones, which they had before them, as I had an undeniably right in my own and in my crews behalf, as having been captain of the frigate Al- liance, when she and other vessels took those prizes, both which claims were refused.
PETER LANDAIS.
Foreign Intelligence.
[By the Packet we have received Papers to the 2d of January, from which are extracted the fol- lowing.]
L O N D O N, January 2. BY a letter from a christian merchant at Bel- grade, we are informed, that the number of christians in the Ottoman army amounts to 80,000, among which are 100 French officers, 70 Germans, and 25 Poles who follow the standard of Ma- homet, because they are so well paid.
It is said in the letters from abroad, that the king of Naples has granted the Russians permission to recruit in his ports. If this is true, we shall soon hear what Spain will say to it. The republic of Genoa is very much embarrassed what part to take rela- tive to the port of Spezzia, which Russia has de- manded to enter. If the senate refuse, they will bring on the enemy of Austria and Russia, and if they grant it, the other powers who are at present interested in the commerce of places where Russia is now excluded, will show their indignation.
They have struck at Vienna one thousand tons of copper coin for the use of the army; and six thousand medals in gold and silver, to be distribut- ed on account of the nuptials of the Arch-duke Francis.
Extract of a letter from Paris, Dec. 24. "La Cour des Aides still refuse to register the second twentieth. They had a meeting on Friday last early in the morning, and lasted until late in the evening. Different were the opinions of the members present, and some were even for sending representatives, which last word implies an intention to register. The remonstrances, how- ever, passed by a plurality of votes, and they then adjourned to the next day."
"His majesty has not yet sent his answer to the late representations, on account of his indisposition and of the committees for the Protestants bill not being quite ready. It is inconceivable how slow the persons employed in drawing up the bill are in a manner so advantageous, and so clear at pre- sent. There is hardly a citizen but wishes it to be informed. The clergy, it is true, start some fri- volous objections, which they take care to render of consequence in the eye of the bigotted and ig- norant. It is reported that Mr. l'Abbe Beauvais formerly bishop of Senex has written a very sen- sible pamphlet against the repeal of the edict of Nantz. The book has been seized on by govern- ment, and there is not one to be had. The truth, if one may venture to say it, is certainly this: the cause of this long delay is owing to the present violent struggles between the monarch and his parliaments, who seem anxious to force his majes- ty to call a general assembly, which then would give a permanent sanction to every step of Govern- ment."
"The works about the wall and turnpikes round Paris are at last really suspended. His Majesty heard, with indignation, that after the contractors had agreed to perform the enclosure for about six millions of livres (250,000. l.) the sum had amounted almost to eighteen; and in the bills presented to and examined by him, it appears that a turnpike gate which brings to government between 70 or 80 pounds per annum, will cost now, when finished with the two handsome lodges for the exactors, &c. upwards of three thousand pound."
"The Protestants, if the bill passes, and too to one might be laid that it will pass, will be subject to a small duty for their certificates of marriages, christenings, and burials. No temples, churches or chapels will be publicly allowed, and any family may have a minister."
* This was the man who predicted, in a sermon, the death of Louis XV. which actually happened pretty much at the time he mentioned, in forty days. An other time as he was preaching against concubi- nage, his majesty remarked to Marshal Richlieu, that the preacher had thrown many stones in his garden. "Yes, please your majesty, replied the Marshal, he has thrown so many, that some of them have rebound- ed to the garden of Versailles."
"A second Jane d'Arc (the maid of Orleans) has made her appearance in Asia. She went to Choczim, at the head of fourteen thousand men, and was received with public demonstrations of joy. The exalted minds of the Malcometans may be soon persuaded, that this mighty virgin is sent from heaven by their holy prophet."
"A Russian private soldier, who distinguished himself at the battle of Kinburn, has been reward- ed with a pension of 100 rubles, and a portrait of her majesty."
Treaty with the Landgrave of Hesse Cassel. This treaty, after the usual preliminaries, stipu- lates, that the Landgrave shall hold in readiness for his majesty's service 12,000 men, during the space of four years, in two divisions, the first consisting of 8,000, and the other 4,000 men. The first division is to consist of infantry, to which his serene high- ness may add 1,000 cavalry, if he thinks proper, and he reserves to himself the liberty of heading them in person.
The first division is to be ready to march at four weeks notice, and the second at six weeks, if prac- ticable.
The King of Great-Britain engages to pay for every trooper 80 banco crowns, and for every foot soldier 30 banco crowns, within 13 days after the requisition to march shall have been made, the crown to be computed at four shillings and nine pence three farthings English money.
The subsidy to be 150,000 banco crowns per an- num, during the four years certain, and from the time of making the requisition, 450,000 banco crowns per annum, and during the whole time that the troops shall be in his majesty's service, his Land- grave is to receive an annual subsidy of 225,000 banco crowns.
In case a larger body than 12,000 men should be required, the subsidy is to be increased in propor- tion, and it is to be paid quarterly.
His Majesty is to make good all losses of men, guns, &c. and to pay the expence of remounting and recruiting the corps.
New-York, February 21.
ON the 4th inst. a most interesting debate took place in the house of assembly, on an engros- sing bill from the senate, concerning OATHS of ALLEGIANCE, which was contested by Mr. Ben- son, Mr. Jones, and Mr. Harrison. Mr. Benson opposed the necessity of oaths of every description, particular of allegiance, and entered largely upon the subject. Mr. Jones as largely replied in sup- port of their necessity. Mr. Harrison was in fa- vour of an oath of allegiance to the United States, instead of, "to the state of New-York." Mr. Jones controverted this point; he thought that the amendment was advocated on mistaken prin- ciples. They all agreed that allegiance was due to the sovereignty of the state: he asked, who was the sovereign of the state? Was it not the people, of which the legislature was the representative? Was not this a more explicit oath than when bound to the United States in Congress assembled, &c. After tediously debating, a division was called for, on the question of amendment—Affirmative— Messrs. Winant, Niver, Speaker, P. Cantine, Ben- son, Low, Verplank, Lewis, Harrison, 9.—Neg- ative—Messrs. Jones, Carman, Taalman, J. Smith, Wyeckoff, Teare, Baker, Dewitt, Gilbert, Strange, Van Orden, Frey, Van Ingen, Arnet, Powers, Webster, Savage, Schoonmaker, Cantine, Brayne, Bloom, Hedges, Osborn, Graham, Wil- ner, Younglove, Brooks, John Livingston, Clinton, Thompson, Tompkins, Haven, N. Smith, Drake, Winn, Clarke, 36.
The 12th inst. on motion of Mr. Thompson, the house of assembly went into a committee on the bill for granting a bounty on hemp:
Mr. Jones doubted the propriety of this bill; it appeared to him, that there would be the same rea- son for giving a bounty on flax, wool, &c. He did not believe that it had caused a single tun more to be raised, than if there had been no bounty. He also objected to the manner in which the bounty was to be paid, to wit, out of the treasury. He was willing, however, that all the tax that could be collected from imported hemp, should be ap- propriated as a bounty. In order to go more fully into the business; he wished the committee to rise, that the members might have some time for con- sideration.
Yesterday arrived in 42 days from Falmouth, his Britannic Majesty's Packet, Prince William Henry, — Scoufe, Esq. commander, with the January mail.
Arrived at Waterford, in Ireland, on the 8th of December last, from this port, the Little William, Kiern: 11th, at Liverpool, the — Willson, Thompson; 13th, at Gravesend, England, the Sally, — Nicholls; 15th, at Haylake, the Pitt, Stephenson.
Accounts from Plymouth, in England, mention the arrival there of the Pegasus Frigate, Prince William Henry, commander, from Cork.
The Columbian Herald, of the 14th inst. an- nounces the arrival in that port, of ships United States, Lindsay, and Baravia, Scholl, from Amster- dam; Douglass, Beau, and Joseph and Mary, Vesey, London; and Countess of Haddington, Workman, Jessie, Rodger, and Chaleston, M'Kel- ler, Greenock.
The honourable the General assembly of Geor- gia, have been pleased to appoint the Hon. Edward Telfair, Abraham Baldwin, James Gunn, Nathaniel Pendleton, and William O'Brien, Esqrs. delegates to Congress. The general as- sembly of Georgia, have also nominated 34 gentle- men, to constitute a convention, to be convened by the executive after nine states have adopted the federal constitution, to take under consideration the alterations and amendments that are necessary to be made in the constitution of that state.
Gen. Matthews, appointed a commissioner to act with the superintendent of Indian affairs for the southern department and the commissioners to be appointed by the states of N. and S. Carolina, for the purpose of establishing peace between the United States and the southern tribes of Indians in conformity to a resolve of Congress of the 26th of October last.
On Thursday, the 31st of January last, the le- gislature of Charleston (South-Carolina) elected the following gentlemen to represent that state in Con- gress for the term of one year:
Hon. Dr. Thomas T. Tucker, Robert Barnwell, Nicholas Eveleigh, Esqrs.
An act to repeal the act, entitled, "An act for the relief of insolvent debtors," passed the 8th day of February, 1788.
WHEREAS it has been found that the act en- titled, "An act for the relief of insolvent debtors, has been productive of much mischief, and there is great reason to suppose that wicked men have in many instances, been guilty of the most fraudulent practices to obtain those benefits which the legisla- ture intended only for the innocent and unfortunate."
Be it therefore enacted by the people of the state of New-York, represented in senate and assembly, and it is hereby enacted by the authority of the same, that the said act, and every clause, matter and thing therein contained, shall be, and the same is hereby repealed.
Provided always, and be it further enacted by the authority aforesaid, That all discharges heretofore regularly and bona fide had, under the said act, shall be as valid, and that in every case where an assignment has been already made by virtue of the said act, the assignee or assignees may proceed and act, and the court or judge by whom the assign- ment was directed, may proceed to the final dis- charge of the said insolvent debtor, in all respects, as if this act had not been passed, anything herein, to the contrary thereof in any wise notwithstanding. I do hereby certify the foregoing to be a true copy of the original act, examined and com- pared therewith, at Poughkeepsie, this 9th day of February, 1788.
By me ROBERT HARPUR.
At a court of Probates of the state of New-York, held at the Probate office in the city of New-York, on the twentieth day of February, in the year of our Lord one thousand seven hundred and eighty eight.
P R E S E N T, The Hon. PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS William Howland, administra- tor of Israel Howland, late of Pawling's Precinct in Dutchess county, farmer, deceased, hath by his petition presented to the said judge, set forth, that the said Israel Howland, was, at the time of his death, seized of a real estate within this state, that the petitioner had made a just and true account of the personal estate and debts of the said Israel How- land as far as he had been able to discover the same, and that thereby it appeared, that the per- sonal estate of his said intestate was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises according to the direc- tions of the act, entitled, "An act for the relief of creditors, against heirs, devisees, executors and administrators, and for proving wills respect- ing real estates;" and the said petitioner hath delive- red to the said judge the account in the said peti- tion mentioned. Hereupon it is ordered by the said judge that all persons interested in the estate of the said Israel Howland, do appear before the judge of the said court of Probates at the Probate office in the city of New-York, on the seventh day of April next to show cause if any they have why so much of the real estate whereof the said Israel Howland, died, seized, should not be sold as will be sufficient to pay his debts.
23th A.W. PETER OGILVIE.
At a Court of Probates of the State of New-York, held at the Probate Office, in the City of New- York, on the twentieth Day of February, in the Year of our Lord one Thousand seven Hundred and Eighty-eight.
P R E S E N T, The Honorable PETER OGILVIE, Esquire, Judge of the said Court.
WHEREAS Robert Walker of Pawling's Precinct, in Dutchess county, carpenter, and Mary his wife, late Mary Briggs, (which said Mary is executrix of Prince Briggs late of Dutchess county, and late of New-York, de- ceased) have by their petition presented to the said judge, set forth, that the said Prince Briggs was at the time of his death seized of a real estate within this state, that the petitioners had made a just and true account of the personal estate and debts of the said Prince Briggs as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said testator was in- sufficient to pay his debts and therefore requested the aid of the said judge in the premises, according to the directions of the act "entitled an act for the relief of creditors against heirs, devisees, executors and administrators and for proving wills respect- ing real estates." And the said petitioners have delivered to the said judge the account in the said petition mentioned. Hereupon it is ordered by the said judge that all persons interested in the estate of the said Prince Briggs do appear before the judge of the said court of Probates at the Probate office, in the city of New-York, on the seventh day of April next, to show cause, if any they have, why so much of the real estate whereof the said Prince Briggs, died, seized, should not be sold as will be sufficient to pay his debts.
23 A.W. PETER OGILVIE.
Wanted to CHARTER, By the MONTH, For Four Months Certain, A VESSEL, FROM eighty to one hundred and twenty tons measurement. — For particulars apply to W. WOOD, No. 74, Water-street. 14 c.d. TO BE SOLD, An EXCELLENT FORTE-PIANNO, Imported from London the last Summer.
Enquire of PHILIP JACOBS. No. 20, next door but one to the City Tavern, Broad-Way. — Feb. 12, 1788. 16 c.d.
Government Securities. CASH, and a generous price, will be given for 20,000 dollars, of such as are generally called Final settlements, and those signed by J. Nourse. — Enquire at No. 20, Queen- street. JACOB REED, jun. New-York, Feb. 8, 1788. 16 c.d.

POET'S CORNER.
S O N G.
The hearty good fellow.
WITH my jug in one hand, and my pipe in the other,
I'll drink to my neighbours, and friends;
All my cares in a whiff of tobacco, I'll smother,
For life I know shortly must end.
While Ceres, most kindly, re-fills my brown jug,
With good ale I'll make myself mellow;
To my old wicker chair I'll set myself snug,
Like a hearty and jolly good fellow.
I'll not trouble my head, with the cares of the
nation,
For I have enough, of my own, for to mind;
All we see in this life, is but grief and vexation—
To death I'm shortly consign'd.
I'll laugh, drink, and smoke, leave nothing to
pay
But drop like a pear, which is ripe and mellow.
When cold in my coffin, I'll leave them to say—
"He's gone—What a hearty good fellow."
A N E C D O T E.
SIR Robert Walpole, who lay under some electioneering obligations to a man of some weight in a western borough, had repeatedly promised him a place, and as often pleaded prior engagements.—“I was sorry for it—but a certain great man must be obliged—however he might depend upon the next,” and so on. After repeated disappointments of this kind, the man began to despair, when a land surveyor being killed by the fall of a sugar hoghead, he waited again on Sir Robert, who told him, “That place had been promised a twelve month; but, my dear friend (added he) the very next that becomes vacant, you have it, on my word, as a man of honour.” Why then (says he) Sir Robert, I am the luckiest fellow alive; for the same hoghead knocked down a brother officer, and there are two vacancies at the present hour.
Assize of BREAD,
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flower, weigh Two Pounds Five Ounces for Six-pence. A Loaf of Rye Flour to weigh One Pound Twelve Ounces for Three-pence.
HIGH WATER.
This Day, February 21. 9h. 12m. Aft.
THOMAS SMITH, BOOT and SHOE MAKER, LEATHER CUTTER, AND CURRIER, Queen Street, No. 179, Corner of Beckman or Chapel Street.
BEGS leave to inform his friends, and the public in general, that he carries on the above branches in an extensive manner. He makes and sells the following articles, wholesale and retail, viz.
  Gentlemen's best boots with the best English legs and bend-foles, bound with Morocco, 2 15   Gentlemen's best boots turned down tops, best English legs and bend-foles, 2 10   Gentlemen's best boots with the best York legs and bend-foles, bound with Morocco, 2 8   Ditto best plain, ditto, York legs and bend-foles, 2 4   Ditto ditto, with York legs and foles, 2 0   Best water boots with bend-foles, 2 0   Gentlemen's best calf-skin shoes with bound tops, 0 11   Mens strong shoes, from 8/ to 0 9   Ladies best silk shoes, 1 0   Ditto ditto, stuff ditto fatinet or calimanco, 0 10   Ditto ditto leather lined and bound, 0 9   Ditto do. do. common, 0 8   Boys, Girls, and childrens shoes of all kinds. 
As also, all kinds of leather, whether for shoemakers, fadlers, or harness-makers etc.—English boot-legs, bend-foles as usual.
He wishes to inform the public, that, as he is determined to sell on the most reasonable terms, no credit on any account will be given, except to those of his former customers.
And likewise, that no shoes will be sent to any one for trial except they be very well known, as he has already suffered too much loss on that account.
Country store-keepers, and others, will find it to their advantage to deal at the above store, as they can be supplied with upper leathers, foles, half foles, &c. by the dozen, on the most reasonable terms.
Black-ball of an excellent quality for cleaning boots or shoes, wholesale and retail.
B. B. Rough leather taken in and curried on the most reasonable terms. 24—e.d
S H R U B.
Of the very best Quality, by the Hoghead, Barrel, or smaller Quantity,
FOR SALE, by
Charles Tillinghaft,
At his House, nearly opposite the New-Market, in Cherry-street.
WHEREAS Nicholas Bayard, Esq. of the city of New-York, by his certain indenture of lease, under his hand and seal, duly executed, bearing date the sixteenth day of September, in the ninth year of the independence of the United States of America, and in the year of our Lord one thousand seven hundred and eighty-four, for the consideration therein mentioned, did demise and to farm let unto John Calling, all those three Lots of GROUND, No. 279, 280, and 281, situate in the outward, at the corner of Mott Street, and Bayard-street, to have and to hold the said three Lots unto the said John Calling, for and during and until the end and term of twenty-one year from thence next ensuing: and whereas the said John Calling had erected on said three Lots of Ground a dwelling house; and whereas the said John Calling, on the twenty-eighth day of February, in the year one thousand seven hundred and eighty-five, by indenture of mortgage, did convey unto John Egbert, of the city of New-York, house, carpenter, all the before mentioned Lots, No. 279, 280, and 281, with the buildings thereon erected to hold for and during the residue and remainder of the said term of twenty-one years then to come, and, unexpired, to secure the payment of fifty pounds, with the lawful interest:—NOTICE is hereby given, that in pursuance of an act of the governor, council, and general assembly of the late colony of New-York, passed the nineteenth day of March, one thousand seven hundred and eighty-four, entitled, “An act for the more effectual registering of mortgages, and for securing the purchases of mortgaged estates,” the residue and remainder of the term of years yet to come, and unexpired, of, and in the said three Lots of Ground, with the buildings thereon erected, will be SOLD at PUBLIC VENDUE, to the highest bidder, on the premises, on the twenty-fifth day of February next.—The sale to begin at twelve o'clock. The condition of sale will be made known at the time of the vendue, and a deed executed to the purchaser or purchasers, subject to the proviso, in the said act, in favor of other mortgages, judgments at law, and decrees in equity, prior to the said sale.
JOHN EGBERT.
New-York, August 23, 1787. t. th. 6m.
State of New-York, ff.
WHEREAS all the real estate of which James Tripp, late of North-Castle, in the county of Westchester, trader, deceased, died seized, has been sold by an order of Thomas Tredwell, Esq. late Judge of the court of Probates, of the state of New-York, for the payment of his debts—all persons who have any demands against the estate of the said James Tripp, are hereby notified and desired to produce the same to Peter Ogilvie, Esq. present judge of the said court of Probates, at the Probate Office in the city of New-York, on the second day of May next, when and where a final settlement and distribution of the said estate will be made.—Given under my hand, at the Probate Office in the city of New-York, the thirtieth day of January, in the year of our Lord one thousand seven hundred and eighty-eight.
PETER OGILVIE.
THE PARTNERSHIP OF
Hazard and Brewster,
BEING dissolved, by the death of the former;—all persons indebted thereto, whose accounts are due, are desired to make immediate payment, and all who have demands against said partnership are requested to exhibit their accounts for settlement, to the subscriber, at No. 183, Water-street, who will dispose of the remaining stock in trade, consisting of a neat retail assortment of Iron-Mongery, Cutlery, and Sadlery.—Any person inclining to purchase will find the goods an object worth his attention, as they will be sold cheaper than can be imported.—He may be also accommodated with a store properly shelved, with a neat bow window, and in a good stand for the business, by
JAME BREWSTER,
Surviving Partner.
The UNITED STATES
IN CONGRESS assembled, July 23, 1787.
RESOLVED, That all persons having unliquidated claims against the United States, pertaining to the late commissaries, quartermasters, clothiers, or marine department, shall exhibit particular abstracts of such claims to the proper commissioner, appointed to settle the accounts of those departments, within eight months from the date hereof; and all persons having other unliquidated claims against the United States, shall exhibit a particular abstract thereof to the controller of the treasury of the United States, within one year from the date hereof; and all accounts not exhibited as aforesaid, shall be precluded from settlement or allowance.
PRIZE-MONEY,
Of the Squadron under John Paul Jones, Esquire, NOTICE is hereby given to those officers and men of the Frigates Alliance and Bonhomme Richard, who are entitled to a share in the prizes taken by the squadron under the command of John Paul Jones, Esq. that a division has been made of the proceeds of such prizes as were sold in France, and that the shares will be paid to the respective claimants, or their legal representatives, on their producing, at this office, sufficient proof that they are the persons, or are empowered by the persons actually entitled to the shares they respectively claim.
Benjamin Walker, Commissioner. Office of accounts, Marine department.
A PERSON perfectly acquainted with MERCHANTS ACCOUNTS, would be glad of employ, in that line, either in Posting of Books, or adjusting intricate accounts. Enquire of the Printer.
New-York, October 23, 1787. 38—e.d.
Just published by M. CARY, In Philadelphia, and now to be SOLD, By THOMAS ALLEN, Book-Seller, in Queen-street, New-York, (by whom Subscriptions are received)
THE American Museum,
For JANUARY, 1788.
CONTAINING,
Miscellanies.
ORATION in commemoration of American Independence.
Address delivered by the Rev. Samuel Magaw, New method of placing a meridian mark, by David Rittenhouse, Esq.
Observations on the aurora borealis—by the Rev. Jeremy Belknap,
Observations and experiments on the sweet springs—by James Madison, Esq.
Method of making steel,
Letter on marriage,
Antifederal arguments,
Letter to the Hon. R. H. Lee.
Satire.
On musical pretenders,
Recipe for an insolvent debtor,
Directions to conduct a newspaper quarrel, according to the best mode now in practice.
Rural Concerns.
Notes on farming—by the Hon. C. T. Esq.
Method of making potashes in Hungary and Poland,
Thoughts on the culture of hemp,
Mode of breaking fleets to the draft in a few days,
On the culture of silk.
Law Information.
Law case—Court of common pleas, Charleston,
Law report—Hay vs. Haldimand,
State and other Public Papers.
Vindicatory address of his Excellency Governor Trumbull,
Resolutions of the legislature of Connecticut,
Letter to Governor Randolph,
Letter from do.
Resolutions of the inhabitants of Chowan,
Address of the grand jury of Edenton,
Resolves of the inhabitants of Northampton county,
Report of the deputies of Northampton county,
Resolutions of the tradesmen of Boston,
Ratification of the new constitution by the state of Connecticut,
Official notice presented by Mr. Grenville to the Comte de Montmorin,
Answer to the preceding notice.
Natural History.
Observations on a comet lately discovered.—By David Rittenhouse, Esq.
Account of a motley-coloured or pyed negro girl, and mulatto boy.—By Dr. Morgan,
Letter relative to the engraving fruit-trees and the growth of vegetables.—By Gen. Lincoln,
Observations on the growth of trees downwards after the first year,
Some account of the opossum.
Medical Tracts.
Letter on the sore throat distemper,
Letter on the digitalis purpurea,
An inestimable dissolvent for human calculi.
Select Poetry.
A poem, addressed to the people of Virginia, on New-Year's day, 1788.
Monitory epistle, addressed to a young lady,
A riddle.
Foreign Intelligence, American, do.
TO BE SOLD, For JERSEY MONEY, at full Value, Or exchanged for any Property in New-York, or bartered for West-India or DRY GOODS, At Market Price,
A Valuable Farm,
SITUATE in Woodbridge township, in the county of Essex, New-Jersey, within a quarter of a mile of the main road from Woodbridge to Brunswick, about eight miles distant from the latter, and three and a half from Perth Amboy, consisting of one hundred and seventy acres, a third part of which is excellent MEADOW; a sufficiency of fire wood, with a handsome piece of thrifty young timber.
The plough-land equal to any in that part of the country; the whole under good fence.
On the premises is a good house, kitchen, and barn; and an excellent spring of water near the door; to which is added fifteen acres, or thereabouts, of salt marsh, on the Rariton, about one mile from the farm.
This place is well known by the name of CLAWSON'S FARM.
For terms of sale enquire of Mr. Joseph Bindon, merchant, New-York, or M c Benjamin Thompson, near Morris-Town.
New-York, Jan. 24, 1788. 99—e.d.
I. Greenwood, SURGEON DENTIST,
No. 199, Water-street, opposite the Coffee-house,
Performs all Operations incident to the
TEETH and GUMS,
TRANSPLANTS NATURAL, and SUBSTITUTES
Artificial Teeth.
A Few COPIES of the
Conductor Generalis,
To be SOLD,
At this PRINTING-OFFICE.
This Day is PUBLISHED, By HUGH GAINE, At the BIBLE, in HANOVER-SQUARE,
Conductor Generalis;
OR the office, duty and authority of justices of the peace, high-sheriffs, under sheriffs, coroners, constables, paolers, jurymen, and overseers of the poor. As also the office of clerks of assize, and of the peace, &c.
Compiled chiefly from Burns' justice, and several other books on those subjects,
By JAMES PARKER,
Late one of the justices of the peace for Middlesex County, in New-Jersey; and now revised and adapted to the United States of America.
By a GENTLEMAN of the LAW.
The whole alphabetically digested under the several titles; with a table, directing to the ready finding out the proper matter under those titles.
To which are added,
Above what is in any other edition of this work)
The act called the TEN POUND ACT, and the MILITIA LAW of the state of New-York.
Jan. 7, 1788. 11 th. 4w.
Masters & Owners of Vessels
Are hereby informed,
THAT they may be supplied with cables, large or small of any length, and cordage of all sizes, made of Peterburg hemp, first quality, at Ivers's Rope-walk, at the head of Mulberry-street, the first left hand turn above the Tea-Water Pump, on such favorable terms as to merit the attention of any gentleman that would wish to lay out his money to the best advantage. Cables spliced, with the addition of any length required, white rope of every sort for city or country use, hambro lin, deep sea lines, hand lead lines, log lines, house-lining, and marine, &c. &c. by
H. IVERS, Ropemaker.
N. B. The above articles, whether in large or small quantities, will be delivered to any part of the city without expence of carriage to the buyer. New-York, Dec. 7, 1787. 50 e.d.
S T A G E.
Morris-Town and Paules-Hook
ON the 14th inst. the subscriber began to run his Stage-Waggon every Tuesday and Friday, from his house in Morris-Town, to Paules-Hook, by the way of Newark, starting at five o'clock each morning. The waggon generally arrives at Jacamiah Smith's, Paules-Hook, about one o'clock of the same day, where it remains until the next morning, nine o'clock, when it returns by the same route, and with all expedition.
The FARE for a passenger, with eleven pounds of baggage, is ONE DOLLAR, and the same for one hundred and fifty pound weight.
The waggon, on its route to Paules-Hook, stops at Lawrence's tavern, Springfield, where the passengers may breakfast, if they choose; the next stage is at Major Sayre's, Newark, from whence they proceed to Paules-Hook.
N. B. Letters, to be sent by the above stage, may be lodged at Capt. Crane's, a few doors above the Ferry-house, in Cortlandt-street, New-York, from whence they shall always be safely conveyed to the stage.—All letters carried free.
GEORGE OHARA.
Morris-Town, August 28, 1787.
THE PUBLIC Are RESPECTFULLY INFORMED,
THAT the subscriber has lately removed from Princeton, New-Jersey, to this city, and now keeps the house lately kept by Talmadge Hall, No. 49, Cortland Street, (commonly known by the Boston, Albany, and Philadelphia General Stage Office) and has agreed with the proprietors of the Albany and Boston Stages, to make his house the public Stage-House. Those Ladies and Gentlemen who wish to take passages in either of those Stages, will please to leave their names with the subscriber the evening before the Stage's departure; gentlemen passengers and others, are informed that the subscriber keeps a house of entertainment, and accommodates gentlemen with boarding and lodging. Every attention will be paid to those who please to favour him with their custom.
N. B. The gentlemen of the city are informed that the subscriber has a large convenient Assembly Room, which he proposes to let during the winter season, or longer if required.
CHRISTOPHER BEEKMAN.
New-York, Nov. 13, 1787. 51—th.
To the Afflicted with WORMS.
LATELY received from the western country, and may be had at No. 21, Beckman-street, an extraordinary and never-failing WORM POWDER. From long experience it has been found, that three doses of these Powders will effectually destroy the Worms, either in children or grown persons.
New-York, Sept. 13, 1787. 32—e.d.
This Day is Published,
And to be SOLD, by Messrs. S. and R. Campbell, Mr. S. Loudon, Messrs. Berry and Rogers, Mr. T. Allen, Mr. R. Hodge, Mr. J. Reid, and the Printer here-
of,
THE American Magazine,
For JANUARY, 1788.
A FEW copies of that much celebrated work of the late Rev. Dr. CHAUNCY, of Boston, “On the Fall, and its consequences,” to be had at this Printing-Office.
—LETTERS of INTELLIGENCE—occasional PARAGRAPHS—speculative PIECES—ESSAYS, &c.—are gratefully received at this OFFICE.—
For the greater CONVENIENCE and SAFETY of which COMMUNICATIONS, a LETTER-BOX is placed in the Window.
SUBSCRIPTIONS for this PAPER (printed EVERY DAY, at Six, and ONCE a Week, at Two Dollars, per Annum) are also received here—and ADVERTISEMENTS, REASONABLY INSERTED.
* * PRINTING, in all its Variety, performed with NEATNESS and DISPATCH.