The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-02-07 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 31, of VOL. XLII.]
THURSDAY, February 7, 1788.
[Total NUMB. 2211.]
HERE TRUTH UNLICENSED REIGNS; AND DARES ACCOST—E'EN 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.
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.
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.
5 th. 6w. 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, } 29th January, 1788. 5 4w th
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.
State of New-York, ff. WHEREAS all the real estate of which John Thompson, late of Goshen precinct, in the county of Orange, yeoman, deceased, died seized, has been sold by an order of Peter Ogilvie, Esq. Judge of the court of Probates of this state, for the payment of his debts; all persons who have any demands against the estate of the said John Thompson, are hereby notified and desired to produce the same to the said judge, at the said court of Probates, at the Probate-Office in the city of New-York, on the twenty-fifth day of March 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 twelfth day of December, in the year of our Lord one thousand seven hundred and eighty-seven. 63 th. 6w. PETER OGILVIE.
A Few COPIES of the Conductor Generalis, To be SOLD, At this PRINTING-OFFICE.
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, Traut, 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-five; 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 awful interest for the same.
The conditions will be made known on the day of sale, by the subscriber.
New-York, Nov. 20, 1787. 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 Ten 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 eleven shillings and seven-pence, with lawful interest for the same.
The conditions will be made known on the day of sale by the 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.
MARSHALL'S Porter and Oyster-House, IS now opened at the corner of Cortlandt and Greenwich-Streets, opposite Powles-Hook Ferry-House, at the North-River—where every exertion will be put in force to render those who will favor him with their commands agreeable. New-York, Dec. 12, 1787. 63e.d.
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 appears to this court, that William Gray, and } a bill hath been filed therein, against William Deane. } in by Stephen Skinner, mortgagee, 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 proceedings 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 proceedings, 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 counsel, for the complainant, suggesting to the court, William Gray, and } that the order of the eleventh 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 Probates 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 Wickas and Vanhaclah 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 the creditors of Samuel Tillitson, of Southold, an insolvent debtor, to show cause, if any they have, before the said judge, at the County-hall in the said county, on Tuesday the twelfth day of February ensuing, at ten o'clock in the forenoon, why an assignment of the said insolvent's estate should not be made, and he thereupon discharged, pursuant to 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. SAMUEL TILLITSON. Southold, Jan. 16, 1788. 99 3w. th.
State of New-York, Court of Admiralty. Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, 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 Gibbon Bourke, John Donnann and the said John Shannon and others, and claimed in part by Daniel McCormick for Hyem Cohen, and by William Cock for Richard Hall.
WHEREA Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, 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 thereabouts, 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 merchandise, which were by them brought to the port of New-York, and there sold at public vendue, by order of Gibbon Bourke, and John Donnann, of the said city, merchants: And whereas it appears by return of sales of Anthony L. Bleeker, that the said merchandise 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 WB. 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 WB. No. 7, one other hoghead of spirits, marked WB. No. 8, and one other hoghead of spirits, marked WB. No. 9, thirteen bales of cotton wool without mark or number, 1 bale of cotton wool, marked B. three other bales of cotton wool, marked H. C. 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 merchandise 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, Gibbon Bourke and John Donnann, on behalf of John Shannon, master, and Samuel Nesbitt, mate, Malcom Taylor, Martin George, John Harper, Swiney 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, 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 merchandise. And whereas, it appears by the depositions of William M'Kenzie and Malcom Taylor, two of the persons on board the brigantine Port-Roseway, at the time the said goods and merchandise were so saved and taken on board; that the deserted 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 depositions, and the deposition of Swiney Wilson, which depositions were severally taken in open court, that the said deserted vessel was a stout 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 merchandise, 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, JONH GRAHAM, Marshal. 36 3m.
New-York RUM Of excellent Flavour and good Proof, FOR SALE, By Charles Tillinghaft, At the DISTILLERY, near the New Market, Cherry-Street, and nearest to the Ship-Yards.

MISCELLANY.
For the NEW-YORK JOURNAL, &c.
THE EXPOSITOR, No. I.
[Concluded from last Thursday's Paper.]
But there "three fifths of all other persons," produce another right also, which, though rather latent, in some respects, I shall endeavour to expose. It is the right of the southern states to send one representative to the new Congress for every fifty thousand slaves which they now have, or may import. For, three fifths of fifty thousand, if I mistake not, are equal to thirty thousand, which entitles them to a representation. And this may be termed the right of insecurity, as it seems to have been ascertained and admitted as a compensation for the insalubrity of the climate, which, with luxury and idleness, the inevitable consequences of a numerous slavery, does not admit of as rapid natural population as any. It also serves as an auxiliary for preserving an equilibrium to these states in the division of the loaves and fishes. And, as to the right of representation for every thirty thousand, though rather meagre, as the people from whom we separated, have nearly one for every sixteen thousand; yet, all circumstances considered, is not so trifling a favour as some of your antipodean, or, perhaps, as you call them, real federalists, have insinuated. For, could not the same self-sufficient power which granted one for every thirty thousand, have denied us any; and where, in such case, would have been our remedy, if no alteration or amendment could have taken place? Besides, a right of virtual representation, for every thirty thousand, must be a redundancy for those states, where, probably, all the constituents are the property of a hundred or more planters, &c. and, whose wants and sufferings, though numerous and pressing, no doubt, yet, are all very nearly alike. But if we take a comparative view of the southern right of virtual representation with our own real representation, I am afraid, that we shall not have quite so much reason for exultation as Publius and some others have asserted. As one hundred planters, in those states, each having five hundred slaves, will have a right of representation, when it will require five thousand of our northern farmers, supposing their families each to average six persons, to entitle them to the same right. This, I confess, is rather a disagreeable comparison; but it certainly was made in and by the convention, and the delegate from this state acceded to it alone, on the part of the state. With what right they know best who deputed him, and, as the legislature are now convened, to them I refer him, for the present, only observing, that if he had not the most full and ample powers for what he did (and I never heard it pretended that he had) I cannot help thinking it a most daring insult offered to the free men and freeholders of this state, besides being an unparalled departure from his duty to this state, as well as to the United States. However, to place this right of virtual representation in the southern states in every possible point of view, besides doing justice to the merits of the delegate of this state, and others in a similar situation, I beg leave to ask, whether the northern states have not as just a right to a representation for every three fifths of their live stock, if of equal value, if not, say four fifths; or, should this be thought insufficient, let it be five fifths, or the whole fifty thousand, &c. as the southern states have to a representation for every three fifths of their slaves, who, greater is the shame and pity, have no more will or freedom of choice, of their own, than our live stock. Nay not half so much as some part of it?
Must there not have been something in prospect, from the new government, exceedingly fascinating, to induce the delegate of the state, in the very delicate situation which he was, singly and alone , to make such an invidious and degrading concession, on the part of an unrepresented people? I venerate the defenders of this country in every state, but what more has been done by the southern states than by the northern, especially this, which was the seat of the war, to the last of the contest, I shall be glad to learn? Has any one of them as a state, or have they all, made greater exertions than this? Have they shed their blood more liberally or nobly than we have? Or is it richer or more prolific? The concession demanded and made, gives the negative to the latter; but, without any reflection on the others, I believe them equally brave.
To be continued by THE EXPOSITOR.
For the NEW-YORK JOURNAL, &c. BRUTUS, No. XII.
In my last, I shewed, that the judicial power of the United States under the first clause of the second section of article eight, would be authorized to explain the constitution, not only according to its letter, but according to its spirit and intention; and having this power, they would strongly incline to give it such a construction as to extend the powers of the general government, as much as possible, to the diminution, and finally to the destruction, of that of the respective states.
I shall now proceed to shew how this power will operate in its exercise to effect these purposes. In order to perceive the extent of its influence, I shall consider,
 First. How it will tend to extend the legislative authority.  Second. In what manner it will increase the jurisdiction of the courts, and  Third. The way in which it will diminish, and destroy, both the legislative and judicial authority of the United States.  First. Let us enquire how the judicial power will effect an extension of the legislative authority. 
Perhaps the judicial power will not be able, by direct and positive decrees, ever to direct the legislature, because it is not easy to conceive how a question can be brought before them in a course of legal discussion, in which they can give a decision, declaring, that the legislature have certain powers which they have not exercised, and which, in consequence of the determination of the judges, they will be bound to exercise. But it is easy to see, that in their adjudications they may establish certain principles, which being received by the legislature, will enlarge the sphere of their power beyond all bounds.
It is to be observed, that the supreme court has the power, in the last resort, to determine all questions that may arise in the course of legal discussion, on the meaning and construction of the constitution. This power they will hold under the constitution, and independent of the legislature. The latter can no more deprive the former of this right, than either of them, or both of them together, can take from the president, with the advice of the senate, the power of making treaties, or appointing ambassadors.
In determining these questions, the court must and will assume certain principles, from which they will reason, in forming their decisions. These principles, whatever they may be, when they become fixed, by a course of decisions, will be adopted by the legislature, and will be the rule by which they will explain their own powers. This appears evident from this consideration, that if the legislature pass laws, which, in the judgment of the court, they are not authorized to do by the constitution, the court will not take notice of them; for it will not be denied, that the constitution is the highest or supreme law. And the courts are vested with the supreme and uncontrollable power, to determine, in all cases that come before them, what the constitution means; they cannot, therefore, execute a law, which, in their judgment, opposes the constitution, unless we can suppose they can make a superior law give way to an inferior. The legislature, therefore, will not go over the limits by which the courts may adjudge they are confined. And there is little room to doubt but that they will come up to those bounds, as often as occasion and opportunity may offer, and they may judge it proper to do it. For as on the one hand, they will not readily pass laws which they know the courts will not execute, so on the other, we may be sure they will not scruple to pass such as they know they will give effect, as often as they may judge it proper.
From these observations it appears, that the judgment of the judicial, on the constitution, will become the rule to guide the legislature in their construction of their powers.
What the principles are, which the courts will adopt, it is impossible for us to say; but taking up the powers as I have explained them in my last number, which they will possess under this clause, it is not difficult to see, that they may, and probably will, be very liberal ones.
We have seen, that they will be authorized to give the constitution a construction according to its spirit and reason, and not to confine themselves to its letter.
To discover the spirit of the constitution, it is of the first importance to attend to the principal ends and designs it has in view. These are expressed in the preamble, in the following words, viz. "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution." &c. If the end of the government is to be learned from these words, which are clearly designed to declare it, it is obvious it has in view every object which is embraced by any government. The preservation of internal peace—the due administration of justice—and to provide for the defence of the community, seems to include all the objects of government; but if they do not, they are certainly comprehended in the words, "to provide for the general welfare." If it be further considered, that this constitution, if it is ratified, will not be a compact entered into by states, in their corporate capacities, but an agreement of the people of the United States, as one great body politic, no doubt can remain, but that the great end of the constitution, if it is to be collected from the preamble, in which its end is declared, is to constitute a government which is to extend to every case for which any government is instituted, whether external or internal. The courts, therefore, will establish this as a principle in expounding the constitution, and will give every part of it such an explanation, as will give latitude to every department under it, to take cognizance of every matter, not only that affects the general and national concerns of the union, but also of such as relate to the administration of private justice, and to regulating the internal and local affairs of the different parts.
Such a rule of exposition is not only consistent with the general spirit of the preamble, but it will stand confirmed by considering more minutely the different clauses of it.
The first object declared to be in view is, "To form a perfect union." It is to be observed, it is not an union of states or bodies corporate; had this been the case the existence of the state governments, might have been secured. But it is a union of the people of the United States considered as one body, who are to ratify this constitution, if it is adopted. Now to make a union of this kind perfect, it is necessary to abolish all inferior governments, and to give the general one complete legislative, executive and judicial powers to every purpose. The courts therefore will establish it as a rule in explaining the constitution. To give it such a construction as will best tend to perfect the union or take from the state governments every power of either making or executing laws. The second object is "to establish justice." This must include not only the idea of instituting the rule of justice, or of making laws which shall be the measure or rule of right, but also of providing for the application of this rule or of administering justice under it. And under this the courts will in their decisions extend the power of the government to all cases they possibly can, or otherwise they will be restricted in doing what appears to be the intent of the constitution they should do, to wit, pass laws and provide for the execution of them, for the general distribution of justice between man and man. Another end declared is "to insure domestic tranquility." This comprehends a provision against all private breaches of the peace, as well as against all public commotions or general insurrections; and to attain the object of this clause fully, the government must exercise the power of passing laws on these subjects, as well as of appointing magistrates with authority to execute them. And the courts will adopt these ideas in their expositions. I might proceed to the other clause, in the preamble, and it would appear by a consideration of all of them separately, as it does by taking them together, that if the spirit of this system is to be known from its declared end and design in the preamble, its spirit is to subvert and abolish all the powers of the state govern-
ment, and to embrace every object to which any government extends.
As it sets out in the preamble with this declared intention, so it proceeds in the different parts with the same idea. Any person, who will peruse the 8th section with attention, in which most of the powers are enumerated, will perceive that they either expressly or by implication extend to almost every thing about which any legislative power can be employed. But if this equitable mode of construction is applied to this part of the constitution; nothing can stand before it.
This will certainly give the first clause in that article a construction which I confess I think the most natural and grammatical one, to authorise the Congress to do any thing which in their judgment will tend to provide for the general welfare, and this amounts to the same thing as general and unlimited powers of legislation in all cases.
[To be continued.]
HOUSE OF ASSEMBLY. POUGHKEEPSIE, January 16, 1788. REPORT OF THE COMMITTEE on the TREASURY.
[Continued from Thursday last.] DR.—The state of New-York in account current with Gerard Bancker, treasurer, respecting his receipts and payments, from the 1st January 1786, to 31st December, both days inclusive.
   1786. L. s. d.     To cash paid the commissioners for managing the Massachusetts controversy respecting the western territory, 772 10 8   To do. repaid sundry persons for money borrowed from them during the war, 495 13 6   To do. to the custom-house officers of New-York, 3,032 0 0   To do. to the custom-house officers of Sagg Harbor, 76 10 0   To do. for printing and stationery, 844 11 3   To do. to deranged officers, 1,376 18 8   To do. for services performed and necessaries furnished during the late war, 3,027 1 3   To do. to the officers of government, members of legislature, delegates, &c. 15,665 6 11   To do. for continental money purchased, 7,565 2 7   To do. to the commissioners of forfeitures, 986 1 0   To do. to the Pennsylvania line commissioners, 986 1 0   To do. for bounty on hemp, 51 6 0   To do. into the continental treasury, on account of the requisition of Congress, of the 27th September, 1785, 11,964 10 4   To do. delivered the different loan officers of the paper money emitted this year, 150,000 0 0   To do. paid for repairing the hospital, 210 15 3   To do. to the invalid pensioners, their annual pensions, 5,519 2 11   To do. paid for signing the paper money emitted this year, 256 0 0   To do. paid for repairing the battery, &c. 22 19 1   To balance due to the state now in the treasury (part of the 50,000. set apart to pay the first 1-5th interest on certificates loaned to the state) and carried to the next year, 46,173 6 1   L. 249,038 15 6  
S U P R A—Cr.
   1786. L. s. d.     Dec. 31. By balance due to the state on settlement made with the auditor the 31st December, 1785, 6,106 0 10½   By cash received on account of the 100,000. tax, raised pursuant to a law passed the 6th of May, 1784, 3,485 18 10   By do. received of the several vendue masters, duty on their sales, 2,981 11 1   By do. received of John Lamb, Esq. collector of the customs for the port of New-York, 32,749 17 0   By do. received of John Gelston, Esq. collector of the customs for the port of Sagg Harbour, 103 14 10½   By do. received for forfeited property, 37 11 10   By do. received for arrears of taxes, 1,720 3 10   By do. received from the signers of the money emitted this year, 200,000 0 0   By do. received from old loan officers, 2,237 19 2   By do. received of Conrad W. Ham, inspector, for half the proceeds of 28 barrels flour seized by him, 15 18 0   L. 249,038 15 6  
Dr.—The state of New-York in account current with Gerard Bancker, treasurer, respecting his receipts and payments, from the 1st January, 1787, to the 31st December, 1787, both days inclusive.
   1787. L. s. d.     To cash paid to sundry persons for money and clothing furnished during the late war, 209 7 0   To do. to the custom-house officers of New-York, 3,554 10 0   To do. to the custom-house officers of Sagg Harbour, 69 3 4   Carried forward, 3,832 0 4  
   Brought forward, 3,832 0 4   To do. for printing and stationery, 650 6 6   To do. repaid sundry persons for their property, sold as forfeited, 4,970 9 10   To do. to deranged officers, 32 0 0   To do. for services performed and necessaries furnished during the war, 3,751 13 11   To do. for continental money purchased, 114 14 0   To do. to the commissioners of forfeitures, 8,622 11 4   To do. to the Pennsylvania line commissioners, 924 8 1   To do. for bounty on hemp, 85 9 11   To do. into the continental treasury, on account of the requisition of Congress of 27th Sept. 1785, 5,000 0 0   To do. into the continental treasury, on account of the requisition of Congress of the 2d August, 1786, 17,322 19 11   To do. to the corporation of New-York, quit-rent on forfeited property, 132 18 3½   To do. to defray the expence of putting up the monument of general Montgomery, 50 0 0   To do. to Andrew Moodie, to enable him to collect military stores, 150 0 0   To do. for examining invalids and giving them certificates, 124 17 6   To do. to the commissioners of Indian affairs, 144 7 8   To do. to the officers of government, members of legislature, delegates, &c. 18,490 4 2   To do. paid invalid pensioners, their annual pensions and arrears, 19,305 8 2   To do. principal and interest on paper money emitted in 1780, now redeemed, 8,727 14 4   To do. to Lewis A. Scott, for transcribing old records, L. 374 0 0   To do. to do. for other services, 373 6 9   To do. cancelled by Messrs Bancker, Remsen and Heyer, of the interest money received from the loan officers, 6,000 0 0   To do. 1-5th interest on public securities, loaned on the state, 38,098 6 9   To do. to the commissioners for running the Massachusetts line, 500 0 0   To balance due to the state, now in the treasury and carried to the next year, 11,519 14 10½   L. 149,279 13 3½  
S U P R A—Cr.
   1787. L. s. d.     Dec. 31. By balance due to the state on a settlement made the 31st December, 1786. 46,173 6 1   By cash received of the several vendue masters, duty on their sales, 2,662 18 3   By do. received of John Lamb, Esq. collector of the customs for the port of New-York, 48,023 14 0   By do. received of John Gelston, Esq. collector of the customs for the port of Sagg Harbour, 81 19 3½   By do. received on arrears of taxes, 275 12 10   By do. received on account of the tax directed to be raised by a law passed the 26th April, 1786, 39,856 9 7½   By do. received from the loan officers on account of interest of the paper money emitted in 1786, 6,554 0 7   By do. received from Floyd and Roosevelt, commissioners, for procuring money and clothing on Long-Island, during the late war, the balance due from them on their audited account, 4 11 5½   By do. received from Stoutenburgh and Van Cortlandt, commissioners of forfeitures for the southern district, 5,647 0 8   L. 149,279 13 3½  
ERRORS EXCEPTED, GERARD BANCKER, Treasurer. New-York, December 31, 1787.
Interesting Proceedings of the HOUSE OF ASSEMBLY, at Poughkeepsie, January 18. THE engrossed amendments to the bill from the senate, to repeal the act for preventing the destruction of fish in the county of Suffolk, were, with the said bill, read and passed the house. A message was received from the senate, by Mr. Van Nels, and Mr. L'Hommedieu, informing that the senate had passed the bill to avoid unnecessary delays of execution; and the bill for giving further remedy by action of account, without amendment and that they had made some amendments to the bill for the naturalization of Robert Edmundson. The amendments having been read were agreed to by the house.
Mr. Sands moved for leave, and brought in a bill to regulate the exportation of flax seed, and lumber and a bill supplementary to the act for preventing the exportation of unmerchantable flour, &c. extending the said law so far as to include rye and buck wheat meal; the said bills were read a first time and ordered a second reading.
Saturday January 19, 1788.
A memorial of John Lake of New-York, praying to be paid the interest which he stated to be due on a sum of money that had been owing him

by a confiscated estate; and which said sum had been paid without interest, was read and referred to Messrs. John Livingston, Tompkins and Jones. A petition from Thomas Dodds, musical instrument maker, of the city of New-York, praying that the importation of musical instruments may be prohibited; and that he may be naturalized, was read and referred to Messrs. Gansevoort, Nevins and Younglove.
January 22.
A message was received from the senate by Mr. Hoffman, and Mr. Russell, informing that the senate had agreed to the bill for preventing and punishing perjury, and subornation of perjury. The bill for enabling grantees of reversions to take advantages of the conditions to be performed by lessees; the bill for compelling joint tenants and tenants in common to make partition; and for the more easy obtaining partition of lands in coparcenary, joint tenancy and tenancy in common; and the bill to regulate the culling of slaves and heading without amendment.
A message was received from the senate, by general Schuyler, with a resolution of that hon. body, requesting the appointment of a committee of both houses, to devise a more equitable mode of taxation: and that in case of concurrence, Mr. L'Hommedieu, General Schuyler, Mr. Hoffman, and Mr. Hopkins, be the committee on the part of the senate. The said resolution having been read, was agreed to by the house, and the following gentlemen appointed a committee for that purpose:
For the city and county of New-York, Mr. Harrison; for the county of Albany General Gordon; for the county of Suffolk, Mr. Havens; for the county of Queen's, Mr. Jones; for the county of King's, Mr. Doughty; for the county of Westchester, Mr. Gilbert; for the county of Ulster, Mr. Schoonmaker; for the county of Dutchess, Mr. Benion; for the county of Orange, Mr. Thomson; for the county of Columbia, Mr. Silverster; for the county of Montgomery, Mr. James Livingston; for the county of Washington, Mr. Teasdale; and for the county of Richmond, Mr. Winant.
January 24.
General Clinton, from the committee to whom was referred the petition of the inhabitants of the towns of Newtown and Chemung, on the Tiaga, reported a state of facts for the information of the house.
On motion, the said report, and the papers accompanying it, were committed to a committee of the whole house:
When this business was before the committee, it was stated by the attorney general, that two very important questions would have to be decided, on.
1. Whether the legislature would encourage settlements to be made on lands purchased from the Indians, or give any hopes of pre-emption for the same?
2. And, whether leases obtained from the Indians should be considered as valid?
January 26.
The honourable the senate replied to the speech of his Excellency the Governor.
January 27.
A message was received from the senate by Mr. Yates and Mr. Swartwout, informing, that the senate had passed the bill concerning amendments and jeofails: the bill to relieve cities and towns from such charges as may arise from bastard children born within the same; and, the bill for the relief of Benjamin Michau, late treasurer of Richmond county.
January 28.
At twelve o'clock, the house went to the governor's quarters, to present their answer to the governor's speech; which having been done, he was pleased to make the following reply:
GENTLEMEN, BE pleased to accept my cordial thanks for your polite and respectful address.
I am happy to find, that you concur in sentiment with me, respecting the several matters submitted to your consideration. And I received with pleasure your assurances that they will meet with the attention due to their importance.
GEO. CLINTON.
Poughkeepsie, Jan. 28, 1788.
January 29.
The bill to restrain all persons from marrying until their former wives and husbands be dead, was read a third time, and passed into a law.
A message was received from the senate, by Mr. Peter Schuyler and Mr. Vanderbilt, informing, that the senate had passed the bill for making proceedings on writs of mandamus, and informations in the nature of a quo warranto, more speedy and effectual; and the bill to redress disorders by common informers, and to prevent malicious informations.
January 31.
After considerable debate, the house agreed that a convention should be called, which was carried by a majority of 2, which,
February 1.
Was concurred by the house by a majority of three. The election to take place on the third Tuesday of April, the same number to be elected as for house of assembly, and by the same rules of procedure; and that the said delegates, so to be chosen, do meet in convention, at Poughkeepsie, on the SEVENTEENTH day of JUNE next.
The house agreed to call in and burn the old paper money, and emit new.
To the PUBLIC.
(Continued from this paper of 10th January.)
AFTER the hon. Rufus King, Esq. had examined my accounts and claims, and had seen the vouchers referred to, which authorized them, he told me they all appeared just, as to the principal sums; but, as I claimed the interest of the several sums which had become due to me, at different times, whilst I had been captain of the frigate Alliance, that Congress probably would not grant those interests from the times I claimed them; and were I to insist thereon, it might prevent my obtaining the other demands: that on the contrary, if I claimed those interests only from the 6th Jan. 1781, when I was put out of the service, then he would make the report accordingly, in such a manner, and to which the other gentlemen of the committee would assent, that it would pass in Congress, and there be resolved, that the principal sum for pay, subsistence, &c. amounting to 2400
dollars 92-100ths, and interest thereon from the 6th Jan. 1781; with the principal sum of 2400 dollars gratuity, and interest thereon from the 2d Dec. 1777, would be paid to me, as I claimed it, all in ready money. I submitted to that gentleman's advice.
I depended so much the more on the promise of Mr. King, that I should be paid the above sums, agreeable to the foregoing principle, every reason coinciding thereto, that I had no doubt of it; but on my repeated visits to solicit him to report to Congress thereabouts, I perceived a great alteration in his behaviour towards me, and one morning he told me, he had written the report which was to be made to Congress on my account, and the same time showed it to me. It was such that I took a copy of it, to let the reader judge of my surprize as its contents, viz.
"The committee, consisting of Mr. King, &c. to whom was referred a memorial of Mr. Peter Landais, report,
"That from a full examination of the claims and accounts of Mr. Peter Landais, late captain of the frigate Alliance, there appears to have been due from the United States to Mr. Landais, on the 6th day Jan. 1781, when he went out of service, 2400 84-90ths dollars, for his pay, subsistence, and extra expenses, exclusive of monies advanced him by Dr. Franklin, whilst in the service of the United States.
"Which sum, together with the interest thereon to the 6th day of April, 1785, amounts to 3157 14-90ths dollars.
"This sum, the committee are of opinion, should be paid to Mr. Landais, in the manner in which foreign officers have usually been paid; that is, one fifth part thereof in specie, and the remainder by funding it on the public credit.
"The committee further report, that Mr. Landais, by a resolve of Congress of the 6th day of March, 1779, was allowed the sum of 12000 livres, as a gratuity for his services, in transporting military stores to America, which sum was ordered to have been immediately paid to him in France, and for which he stands credited in the treasury books 2400 dollars.
"The committee find, that Mr. Landais has been ever desirous of receiving the gratuity aforesaid, but that it hath not been paid to him, whereupon the committee are of opinion, that the sum with the interest thereof from the date of the resolve of the 6th day of April, 1785, amounting to 3276 dollars, be paid to Mr. Landais in specie.
"With respect to Mr. Landais' claims relative to prizes carried into France, Holland and Norway, as that business is unsettled, the committee are of opinion that Congress cannot, at present, decide on the claims of Mr. Landais, on that account.
"Whereupon the committee submit the following resolves:
"Resolved, That the receiver of continental taxes, in the state of Massachusetts, be authorized to pay to Mr. Peter Landais, on the 6th day of April, 1785, the sum of 3276 39-90ths dollars, the same being the amount of a gratuity allowed him by a resolve of Congress of the 6th day of March, 1779, with the interest from that date to the said 6th day of April aforesaid, added to one fifth part of his pay, subsistence, and extra expenses, whilst in public service, with the interest thereon from the 6th day of January, 1781, to the 6th day of April aforesaid, and that the president draw his warrant accordingly.
"Resolved, That _____ issue a certificate to Mr. Peter Landais, for 2525 65-90ths dollars in interest, dated the 6th day of April, 1785, that sum being the balance of his account for pay, subsistence, and extra expenses, while in public employment."
I repeated in vain, to Mr. King, all the reasons which gave me the undeniable right to be paid wholly, in ready money, the sums mentioned heretofore, but he replied so peremptorily, that the foregoing report would not be allowed at all, I therefore suspected he was strongly influenced against me, and determined to prevent my obtaining those just claims. However, I asked of him the favor to be admitted to speak to the committee, before they made their report to Congress; he told me I might, but it would not avail.
I showed all the gentlemen of Congress, whom I knew, the account I had made, and my claims mentioned heretofore, which they all approved, before I gave it to be examined by the committee; in which was inserted the following reasons why I was to be paid, in my particular case, in ready money, as claimed, viz.
That, as I had been either lawfully, or unlawfully, broken! If lawfully broken, Congress, in keeping any of the money owing to me, would thereby aggravate my sentence and as they have no power to do it, it would be an act of tyranny which I don't suppose they will exercise against an officer already punished: But if condemned and broken unlawfully (by the influence of my enemies, as I have proved I had been, in my memorial to the public) afortiori, it would be still a greater act of tyranny, to keep those, or any part of those monies, from a dutiful officer, who has already been sacrificed.
That, as by the certificate of the comptroller of the finances, on the 14th January, 1782, the money owing to me for pay, subsistence, &c. is specified to be due in specie; moreover, that as the superintendent of finance, in his letter dated office of finance, Jan. 16, 1782, wrote to me on the same account, that the balance of these monies would remain at my credit on account current, and which decision is implicitly approved, by the resolve of Congress, of the 6th March, 1782, it cannot therefore be denied to be paid me, in ready money, without derogating to my prejudice from said resolve.
That as I was put out of the service so soon as the 6th Jan. 1781, when I ought to have been paid; and that, as by the foregoing resolve of Congress, decision of the superintendent of finance, and the certificate of the comptroller of the treasury, all passed in the beginning of 1782, which concurred together to prove that I was to be paid in specie: therefore, the resolve of Congress, made some years after, that the American officers (who were out of my case, as I was no more in the service) were to be paid in certificates, which could not be applicable to me without annihilating and destroying the former resolve of 1782, and making that last resolve retrospect so far back, in order to prejudice me.
When I was admitted, in Mr. Thomson's secretary office, before the committee, consisting of the
honorable Messrs. King, Howard and Beatty, I began to read before those gentlemen my claims, and reasons to support them, and the accounts thereof expended, which were wrote on a sheet of paper, in the form of a petition to that committee: after I had read the first of those claims, which was the balance due to me, on account of extra expenses incurred, in following the order of his excellency Benjamin Franklin, to go to Paris, &c. the hon. Mr. Howard and Mr. Beatty said that claim should be paid in ready money. I then read the second claim, which was the extra expenses I had incurred when on the ship's business, which those two gentlemen said, likewise, should be paid in ready money. The hon. Mr. King then took the paper out of my hands, and read himself the third claim, which was about my subsistence at sea: Messrs. Howard and Beatty said, also, that ought to be paid in ready money. But then the hon. Mr. King seeing, I suppose, that all my claims, in my particular case, were so undeniable, that the others would be also granted, said to the other two gentlemen, that he was going to make the report, on my account, to Congress, and went accordingly to write it in a corner of that office, and the two other gentlemen went to the room where Congress sat, I applied again, there, in vain, to Mr. King, and by continuing to read the obvious reasons contained, to support that I could not, with justice, be denied any one of my claims; but he would not so much as listen to it, seeing which I left him the said sheet of paper, or petition and accounts, to the committee, at the bottom of which was wrote my prayer, subscribed, that said piece might be annexed to the report to Congress, on my account, to render conspicuous the justice of my claims.
I received the following, viz. "By the United States in Congress assembled, June 2d. 1785.
"On the report of a committee to whom was referred a memorial of Mr. P. Landais,
"Resolved, That the board of treasury take order to pay to Mr. Peter Landais, four thousand, four hundred and ninety-eight dollars and one tenth of a dollar, that sum being the amount of a gratuity allowed him by a resolve of Congress of the 6th day of March, 1779, with the interest thereof from that date to the 6th day of May last, added to the amount of his extra expenses, subsistence, and one fifth part of his pay as a captain in the navy while in public service, with the interest thereon, from the 6th day of January, 1781, to the 6th day of May aforesaid; and that the commissioner for settling the accounts of the marine department, issue a certificate to Mr. Peter Landais, for eighteen hundred and fourteen dollars and four tenths, bearing an interest of six per cent from the sixths day of May, 1785, that sum being the balance of his account for pay, subsistence and extra expenses while in public service.
(Signed) CHARLES THOMSON, Sec." [To be continued.]
New-York, February 7.
FROM A CORRESPONDENT.
DAME AMERICA, solus, sitting upon a pha of thorns, in a musing posture, starts from her seat, in agony, and thus exclaims:—Oh! that the inability of my frame could have been remedied by less painful, or expensive medicines! methinks a gentle bitter would have sufficiently braced my nerves for all the purposes of national grandeur and respectability—but, alas! my sons, ye have made an apothecary's shop of my bowels; ye have administered to me such quantities of crude antimony, and mercurial doses, as I fear, greatly fear, ere their operations cease, my already emaciated and mangled CONSTITUTION will sink.—My bones! my sinews! oh, MASSACHUSETTS save me this cruel dose:—my hand maid, LIBERTY, flies me too! stop, I conjure thee; nor leave me thus, till my last expiring groan—then, GENTLE GODDESS, FLY TO THE WOODS!
It is a subject of congratulation, as well to merchants and traders, as to the navigators, and their friends, that seventeen vessels have arrived in this port since last Thursday; almost all of which have had long and tedious passages, being 5, 6, and 7 weeks on the inclement winter's coast of America. It has been judged, that the weather on Tuesday, was as severe as the cold day about fourteen years since; in the course of forty-eight hours the North-river froze so hard that a number of persons yesterday walked almost over upon the ice.
The last intelligence from Boston, is, that the convention had made but little progress in their herculean task, having proceeded no farther than the first article of the constitution. Upon an arithmetical calculation, should each member, in that hon. body, be allowed one hour only to deliver his sentiments, reckoning six hours of speaking per day, the time thus spent would amount to SIXTY-ONE days.—It is said, that unless a feat be taken up early in the morning, in the house where the convention set (which will contain near 4000 persons) there is no possibility of crowding in.
Since our last we are informed of the ratification of the new proposed constitution by the state of Georgia.
The state of South-Carolina has resolved, that the proceedings of the federal convention "be submitted to a convention of the people of the state, for their full and free investigation and decision." Their election of delegates is to be on the 11th and 12th of April, and the convention are to meet on the 12th of May, in Charleston.
A correspondent, who ran foul of three different posts, two stups and one carman's horse, and who had very nearly dislocated the uppermost joint of his fore-finger, on his rout from Burling's flip to the coffee-house, begs leave to interrogate—Why the LAMPS of this city were not lighted on the last evening. As the night was not blest with the light of either of the heavenly bodies, this query it is presumed is highly justifiable.
Extract of a letter from Connecticut, Jan. 28. "Notwithstanding the convention of this state have adopted the new constitution, you may rely upon it, that its adoption was not the voice of the people, by a great majority; neither would it have gone down in convention, had not some of its most artful members had recourse to every sophistical reason they were masters of, to deceive the less designing, and dragoon them into it."
PUSUANT to an order of John Wyllie, Esq. one of the aldermen of the city of New-York, and one of the judges of the court of common pleas of the city and county of New-York, commonly called the mayor's court of the city of New-York:—NOTICE is hereby given by David Ten Eycke, of the city of New-York, an insolvent debtor, and the petitioning creditors of the said David Ten Eycke, to all the creditors of the said David Ten Eycke, to appear before the said judge, at his office in Nassau-street, in the said city, by Monday the eleventh day of February instant, to show cause, if any they have, why an assignment of the estate of the said David Ten Eycke should not be made, for the benefit of all his creditors, and the said David Ten Eycke thereupon discharged, pursuant to 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. Dated the 2d Feb. 1788. 11 th. f.m.
By Order of John Wyllie, Esq. Alderman, and one of the Judges of the Mayor's Court of the City of New-York.
NOTICE is hereby given to all the creditors of Jeremiah Mead, jun. an insolvent debtor, that they show cause, if any they have, before the said alderman, at his office, situate in Nassau-street, in the city of New-York, by the fourteenth inst. why an assignment of the said debtor's estate should not be made, for the benefit of all his creditors, and the said debtor discharged, pursuant to 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.
JEREMIAH MEAD, jun. Dated Feb. 6. 1788. 11 30.
Petitioning Creditors. Edmund Mead, Jeremiah Mead, David Bush, Seth Palmer, William Knapp, Simeon Mead, William Bush, Israel Knapp, Jabez Fitch, Nathaniel Peck, by their attorney John Lockwood, James Cogswell, Embre and Shottwell, John Lockwood.
This Day is PUBLISHED, By HUGH GAINE, At the BIBLE, in HANOVER-SQUARE,
THE Conductor Generalis; OR the office, duty and authority of justices of the peace, high-sheriffs, under- sheriffs, coroners, constables, gaolers, 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 o 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.
PURSUANT to an order made by the hon. John Sloss Hobart, Esq. one of the judges of the supreme court of the state of New-York: NOTICE is hereby given to all the creditors of William Vander Locht, an insolvent debtor, to appear before the said judge at his chambers in Crown- street in the city of New-York, by Tuesday the nineteenth day of February inst. to show cause, if any they have, why an assignment of the said debtor's estate should not be made, and the said debtor discharged, according to the form 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.
WILLIAM VANDER LOCHT. Dated the 5th of Feb. 1788. 10 w. 4h.
For S A L E, The SLOOP, Caledonia, FROM forty-five to fifty tons burthen, now lying at Albany-Pier.—This sloop is not three years old.— For particulars, enquire of James Shuter, Esq. Co. No. 189, Water-street.
Sales by the Sheriff.
On MONDAY the 11th of Feb. next, At XII o'Clock, WILL BE SOLD, At the COFFEE-HOUSE,
One Hundred very valuable LOTS of LAND,
SITUATE in the Out-ward of this city, between the Broad-way or Great George- street, and the Bowry-lane. A particular description of the lots may be had at No 36, Water-street. N. B. The conditions of sale will be made known at the time and place of sale, by M. WILLET, Sheriff.
Twenty Pounds Reward.
WHEREAS the door of St. Peter's church, in this city, was broken open on the night of Saturday, the 26th inst. by some person, or persons, unknown, the above reward of Twenty Pounds will be paid by the trustees of said church, to any person or persons who may discover the party or parties guilty thereof.
New-York, January 30th, 1788. 5—6
WANTED IMMEDIATELY A COACHMAN, who can be well recommended. Apply to the publisher.

POET'S CORNER.
AN ELEGY to the MEMORY of many deceased PATRIOTS and FRIENDS.
THE wreaths of fancy hover round the dead, And many a dew-clad rose bedeck their bier, Whil'st the procession solemnly doth tread, And to their tombs the clay-could corfes bear.
A N E C D O T E.
THE marquis de St. Andre applied to Louvois, minister of the war department under Louis XVI, for a small government then vacant. The minister, who had received some complaints against this officer, refused to comply.
Affize of BREAD,
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flour to weigh Two Pounds Five Ounces for Six-pence.
HIGH WATER.
This Day, February 7. 9h. 6m. Morn.
THOMAS SMITH, BOOT and SHOE MAKER, LEATHER CUTTER, AND CURRIER, Queen Street, No. 179, Corner of Beekman 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.
Table with 3 columns: Item, Quantity, Price. Items include Gentlemen's best boots with the best English legs and bend-foles, Gentlemen's best boots turned down tops, Gentlemen's best boots with the best York legs and bend-foles, etc.
As also, all kinds of leather, whether for shoe makers, fadlers, or harness-makers use.—English boot-legs, bend foals 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.
N. B. Rough leather taken in and curried on the most reasonable terms. 24—c. d.
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 Casing, all those three LOTS OF GROUND, No. 279, 280, and 281, situate in the outward, at the corner of Moll street, and Bayard-street, to have and to hold the said three Lots unto the said John Casing, for and during and until the end and term of twenty-one years from thence next ensuing: and whereas the said John Casing had erected on said three Lots of Ground a dwelling house; and whereas the said John Casing, 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 Egberts, 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.
By Order of the Honorable RICHARD MORRIS, Esq. Chief Justice of the Supreme Court of Judicature of the State of New-York:
NOTICE is hereby given to Moses Franks, and to all others whom it may concern, that on application and due proof made to the said Chief Justice, pursuant to an act of the legislature of the state of New-York, entitled, "An act for relief against absconding and absent debtors," passed the fourth day of April, 1786, he hath issued his warrants to the sheriff of the city and county of New-York, and the sheriff of the county of Suffolk, commanding them to attach, take, seize and safely keep all the estate, as well real as personal, of the said Moses Franks, an absent debtor, of what kind or nature soever, and every or any part or parcel thereof in whatever part of their bailiwick the same can be found, with all evidences, books of accounts, vouchers, and papers relating thereto. And that unless he the said Moses Franks shall appear by himself, or attorney, and discharge his debts within twelve months after the publication of this notice, all his estate, real and personal, will be sold for the payment and satisfaction of his creditors. Dated at the city of New-York, this twenty-sixth day of February, in the year of our Lord one thousand seven hundred and eighty-seven. 41 m. th. 15w
By virtue of a writ of venditioni exponas, issued out of the court of chancery, will be sold at PUBLIC VENDUE, at the Coffee-house, on Monday the Eleventh of February next, at twelve o'clock, all that DWELLING HOUSE, and LOT OF GROUND, situated, lying, and being, in the fourth ward of the city of New-York, fronting north to a certain street, called White-Hall-street, and bounded north by said White-Hall-street, on the west by a lot of ground belonging to Edward Nichols, on the south, in the rear, by a lot of land belonging to James Brown, on the east by a lot belonging to Anthony Hunter, containing in breadth in front, and rear thirty feet, and in length, on each side sixty feet, to satisfy a certain mortgage made by Israel Philips, of the city of New-York, merchant, to Joseph Nathan of the said city, merchant.
M. WILLET, Sheriff.
New-York, Dec. 29, 1787, 78 m. 6w. 1 October 3, 1787. 53—m. th.
WHEREAS all the real estate of which James M'Cluer, late of Southold, in the county of Suffolk, trader, deceased, died seized, has been sold by an order of Peter Ogilvie, Esq. judge of the court of Probates of this state, for the payment of his debts; all persons who have any demands against the estate of the said James M'Cluer are hereby notified and desired to produce the same to the said judge of the said court of Probates, at the dwelling-house of Ezra L'Hommedieu, in Southold, in Suffolk county on Nassau Island, on the twenty-eighth day of March 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 twenty-sixth day of December, in the year of our Lord one thousand seven hundred and eighty-seven. 75 th. 6w. 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, } Affignees.
New-York, Dec. 13, 1787. 3w 10. th.
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 to Blair M'Clenachan, late of the city of Philadelphia, and state of Pennsylvania, merchant, an absent debtor, and to all others whom it may concern, that on application to the said judge made by a creditor of the said Blair M'Clenachan, an absent debtor, as aforesaid; he the said judge, by virtue and in pursuance of the act of the people of the state of New-York, represented in senate and assembly, entitled, "An act for relief against absconding and absent debtors," passed the 4th day of April, 1786—hath directed all the estate, real and personal, of the said Blair M'Clenachan, an absent debtor, within this state, to be seized, and that unless the said Blair M'Clenachan, an absent debtor, as aforesaid, shall return and discharge his debts within one year after the date hereof, all his estates, real and personal, will be sold for the payment and satisfaction of his creditors.
New-York, Jan. 28, 1788. g—e.d.
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, bambro lines, deep sea lines, hand lead lines, log lines, house lines, and marline, &c. &c. by H. IVERS, Rope-maker.
N. B. The above articles, whether in large or small quantities, will be delivered to any part of the city without expence of cartage to the buyer. New-York, Dec. 7, 1787. 58 c.d.
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 Mr. Benjamin Thompson, near Morris-Town. New-York, Jan. 22, 1788. 99—e.d.
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 with 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, Beekman-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.
SHRUB,
Of the very best Quality, by the Hoghead, Barrel, or smaller Quantity,
FOR SALE, by
Charles Tillinghast,
At his House, nearly opposite the New-Market, in Cherry-street.
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 ninth 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, Esquire, Judge of the said Court.
WHEREAS Catherine Wendell, administratrix of Hermanus H. Wendell, late of the township of Schenectady, in the county of Albany, merchant, deceased, hath by her petition presented to the said judge, set forth, that the said Hermanus H. Wendell 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 Hermanus H. Wendell, 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 petitioner 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 Hermanus H. Wendell, do appear before the judge of the said court of Probates, at the Probate-Office, in the city of New-York, on the twenty-sixth day of February next, to show cause, if any they have, why so much of the real estate whereof the said Hermanus H. Wendell died seized should not be sold, as will be sufficient to pay his debts. 87 th 4w. PETER OGILVIE
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 DECEMBER, 1787. CONTAINING, State and other public papers.
OBJECTIONS of the honorable George Mason to the new constitution. The address and reasons of dissent of the minority of the convention of Pennsylvania. Letter from the Hon. Richard Henry Lee, Esq. to governor Randolph. Dr. Franklin's final speech in the late federal convention. Resolves of the house of delegates of the commonwealth of Virginia. Resolves of Congress. Resolve of the convention of Pennsylvania, relative to offering congress the jurisdiction of a place for the seat of federal government. Resolve of the supreme executive council of the state of Pennsylvania. Resolve of the house of delegates of the state of Maryland. Letter from the Hon. John Sevier to governor Matthews, from col. Robertson to governor Sevier, from col. Bledsoe to governor Sevier, from gen. Cooke, to gov. Matthews, from gen. Clarke, to ditto, from major Elholm, to major gen. Moultrie, from the Hon. William Pierce, to don Die go de Gardoqui. Reply to the preceding letter. Votes of the members of the protestant episcopalian church in Providence. Address of the inhabitants of Northampton, to their delegates in convention. Resolution of the inhabitants of Pittsburgh. Ratification of the new constitution by Delaware. Ditto by Pennsylvania.
Medical Essays.
Observations and remarks on the putrid malignant sore throat. Observations on the bite of a mad dog. Account of a worm bred in the liver. Letter to doctor Franklin on the same subject.
Rural Concerns.
On the culture of trees, To make cyder, On planting potatoes, Receipt for preventing the flies from damaging turnips, On the culture of ginseng.
Law Information.
New report. Watkeys against Delancey, Law report. Norton against Birch, Law case, respecting a captured vessel, Law regulation.
Miscellanies.
The Federalist, Account of an electrical eel, Recovery of two drowned children, Directions for the recovery of persons apparently dead from drowning, Admiral Pococke's receipt for pickling beef, pork, &c. Exemplary charity, Extract from an oration pronounced by David Dagnet, Esq. Indian anecdotes.
Poetry.
The newsmonger's song, The crisis, The retort courteous, Poem on the prospect of seeing the fine arts flourish in America, The Bacholddelour.
—LETTERS of INTELLIGENCE—occasional PARAGRAPHS—speculative PIECES—ESSAYS, &c.—are gratefully received at this OFFICE.—
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