The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-03-20 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 67, of VOL. XLII.]
THURSDAY, March 20, 1788.
[Total NUMB. 2247.]
HERE TRUTH UNLICENS'D 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 twelfth Day of March, 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 Annatie Van Ben-thuylen, administratrix, John Van Ben-thuylen, and Henry Lyle, administrators of Abraham Van Ben-thuylen, late of Rhinebeck precinct, in the county of Dutchess, deceased, have, by their petition presented to the said judge, set forth, that the said Abraham Van Ben-thuylen, 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 Abraham Van Ben-thuylen, as far as they have been able to discover the same, and that thereby it appeared, that the personal estate of the said Abraham Van Ben-thuylen, 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 Abraham Van Ben-thuylen, do appear before the judge of the said court of Probates, at the Probate Office in the city of New-York, on the ninth day of May next, to show cause, if any they have, why so much of the real estate whereof the said Abraham Van Ben-thuylen died seized should not be sold, as will be sufficient to pay his debts.
41 th. 4w. 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 19th day of March, 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 Samuel B. Webb, administrator of Richard Banker late of the city merchant deceased, with his will annexed, hath by his petition, presented to the said judge, set forth, that the said Richard Banker, was, at the time of his death, seized of a real estate within this state, that the petitioner hath made a just and true account of the personal estate and debts of the said Richard Banker as far as he had been able to discover the same, and that thereby it appeared, that the personal estate of the said Richard Banker, 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 Richard Banker, do appear before the judge of the said court of Probates, at the Probate Office in the city of New-York, on the ninth day of May next, to show cause, if any they have, why so much of the real estate whereof the said Richard Banker died seized should not be sold, as will be sufficient to pay his debts.
41 4w. th. PETER OGILVIE. New-York, Feb. 27, 1788. 40—w.f.
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-seventh 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, Esq. Judge of the said Court.
WHEREAS George Fowler, and Patience his wife, which said Patience is executrix of Garet Miller, late of Cornwall precinct, in the county of Orange, yeoman, deceased, have, by their petition presented to the said judge, set forth, that the said Garet Miller 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 Garet Miller, as far as they had been able to discover the same, and that thereby it appeared that the personal estate of the said Garet Miller 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 Garet Miller, do appear before the judge of the said court of probates, at the probate office, in the city of New-York on the fourteenth day of April next, to show cause, if any they have, why so much of the real estate whereof the said Garet Miller died seized, should not be sold as will be sufficient to pay his debts.
29 4w. th. PETER OGILVIE.
A Few COPIES of the Conductor Generalis, To be SOLD, At this PRINTING-OFFICE,
At a court of Probate 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, administrator 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 Howland as far as he had been able to discover the same, and that thereby it appeared, that the personal 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 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 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.
23 th 4w. 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, deceased) 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 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 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. 4w. 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 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.
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. And attends abroad upon sending directions.
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 purchaser 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 incumbrance 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 subscribers.
THOMA BOWNE, DANIEL BOWNE, SAMUEL OSGOOD, New-York, Jan. 24, 1788. 99 th. 6m
At a Court of Chancery, held at the Chancellor's Chamber, 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 there- William Deane. } by in Stephen Skinner, mortgages, 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 Chamber, 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, William Gray, and } for the complainant suggesting to the court, William Deane. } 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.
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. 18, 1788. 17
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 and, 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, 45 th. 6m. DANIEL BOWEN.
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 there 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
This day is PUBLISHED, By HUGH GAIN, 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, goalers, jurymen, and overseers of the poor. As also the office of clerks of affize, 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.
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 Petersburg 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 favourable 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 lines, 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 cartage to the buyer.
New-York, Dec. 7, 1787. 48 c.d.

[Continued.]
I SAID in my last number, that the supreme court under this constitution would be exalted above all other power in the government, and subject to no controul. The business of this paper will be to illustrate this, and to show the danger that will result from it. I question whether the world ever saw, in any period of it, a court of justice invested with such immense powers, and yet placed in a situation so little responsible. Certain it is, that in England, and in the several states, where we have been taught to believe, the courts of law are put upon the most prudent establishment, they are on a very different footing.
The judges in England, it is true, hold their offices during their good behaviour, but then their determinations are subject to correction by the house of lords; and their power is by no means so extensive as that of the proposed supreme court of the union. I believe they in no instance assume the authority to set aside an act of parliament under the idea that it is inconsistent with their constitution. They consider themselves bound to decide according to the existing laws of the land, and never undertake to controul them by adjudging that they are inconsistent with the constitution—much less are they vested with the power of giving an equitable construction to the constitution.
The judges in England are under the controul of the legislature, for they are bound to determine according to the laws passed by them. But the judges under this constitution will controul the legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress; they are to give the constitution an explanation, and there is no power above them to set aside their judgment. The framers of this constitution appear to have followed that of the British, in rendering the judges independent, by granting them their offices during good behaviour, without following the constitution of England, in instituting a tribunal in which their errors may be corrected; and without advertising to this, that the judicial under this system have a power which is above the legislative, and which indeed transcends any power before given to a judicial by any free government under heaven.
I do not object to the judges holding their commissions during good behaviour. I suppose it a proper provision provided they were made properly responsible. But I say, this system has followed the English government in this, while it has departed from almost every other principle of their jurisprudence, under the idea of rendering the judges independent; which, in the British constitution, means no more than that they hold their places during good behaviour, and have fixed salaries, they have made the judges independent, in the fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself. Before I proceed to illustrate the truth of these assertions, I beg liberty to make one remark—Though in my opinion the judges ought to hold their offices during good behaviour, yet I think it is clear, that the reasons in favour of this establishment of the judges in England, do by no means apply to this country.
The great reason assigned, why the judges in Britain ought to be commissioned during good behaviour, is this, that they may be placed in a situation, not to be influenced by the crown, to give such decisions, as would tend to increase its powers and prerogatives. While the judges held their places at the will and pleasure of the king, on whom they depended not only for their offices, but also for their salaries, they were subject to every undue influence. If the crown wished to carry a favorite point, to accomplish which the aid of the courts of law was necessary, the pleasure of the king would be signified to the judges. And it required the spirit of a martyr, for the judges to determine contrary to the king's will.—They were absolutely dependent upon him both for their offices and livings. The king, holding his office during life, and transmitting it to his posterity as an inheritance, has much stronger inducements to increase the prerogatives of his office, than those who hold their offices for stated periods; or even for life. Hence the English nation gained a great point, in favour of liberty. When they obtained the appointment of the judges, during good behaviour, they got from the crown a concession, which deprived it of one of the most powerful engines with which it might enlarge the boundaries of the royal prerogative and encroach on the liberties of the people. But these reasons do not apply to this country, we have no hereditary monarch; those who appoint the judges do not hold their offices for life, nor do they descend to their children. The same arguments, therefore, which will conclude in favor of the tenor of the judge's offices for good behaviour, lose a considerable part of their weight when applied to the state and condition of America. But much less can it be shewn, that the nature of our government requires that the courts should be placed beyond all account more independent, so much so as to be above controul.
I have said that the judges under this system will be independent in the strict sense of the word: To prove this I will shew—That there is no power above them that can controul their decisions, or correct their errors. There is no authority that can remove them from office for any errors or want of capacity, or lower their salaries, and in many cases their power is superior to that of the legislature.
1st. There is no power above them that can correct their errors or controul their decisions—The adjudications of this court are final and irreversable, for there is no court above them to which appeals can lie, either in error or on the merits.—
In this respect it differs from the courts in England, for there the house of lords is the highest court, to whom appeals, in error, are carried from the highest of the courts of law.
2d. They cannot be removed from office or suffer a diminution of their salaries, for any error in judgement or want of capacity.
It is expressly declared by the constitution, "That they shall at stated times receive a compensation for their services, which shall not be diminished during their continuance in office."
The only clause in the constitution which provides for the removal of the judges from office, is that which declares, that "the president, vice-president, and all civil officers of the United States, shall be removed from office, on impeachment for, and conviction of treason, bribery, or other high crimes and misdemeanors." By this paragraph, civil officers, in which the judges are included, are removable only for crimes. Treason and bribery are named, and the rest are included under the general terms of high crimes and misdemeanors.—Errors in judgement, or want of capacity to discharge the duties of the office, can never be supposed to be included in these words. high crimes and misdemeanors. A man may mistake a case in giving judgement, or manifest that he is incompetent to the discharge of the duties of a judge, and yet give no evidence of corruption or want of integrity. To support the charge, it will be necessary to give in evidence some facts that will shew, that the judges committed the error from wicked and corrupt motives.
3d. The power of this court is in many cases superior to that of the legislature. I have shewn, in a former paper, that this court will be authorised to decide upon the meaning of the constitution, and that, not only according to the natural and obvious meaning of the words, but also according to the spirit and intention of it. In the exercise of this power they will not be subordinate to, but above the legislature. For all the departments of this government will receive their powers, so far as they are expressed in the constitution, from the people immediately, who are the source of power. The legislature can only exercise such powers as are given them by the constitution, they cannot assume any of the rights annexed to the judicial, for this plain reason, that the same authority which vested the legislature with their powers, vested the judicial with theirs—both are derived from the same source, both therefore are equally valid, and the judicial held their powers independently of the legislature, as the legislature do of the judicial.—The supreme court then have a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away. If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature. In England the judges are not only subject to have their decisions set aside by the house of lords, for error, but in cases where they give an explanation to the laws or constitution of the country, contrary to the sense of the parliament, though the parliament will not set aside the judgement of the court, yet, they have authority, by a new law, to explain a former one, and by this means to prevent a reception of such decisions. But no such power is in the legislature. The judges are supreme—and no law, explanatory of the constitution, will be binding on them.
From the preceding remarks, which have been made on the judicial powers proposed in this system, the policy of it may be fully developed.
I have, in the course of my observation on this constitution, affirmed and endeavored to shew, that it was calculated to abolish entirely the state governments, and to melt down the states into one entire government, for every purpose as well internal and local, as external and national. In this opinion the opposers of the system have generally agreed—and this has been uniformly denied by its advocates in public. Some individuals indeed, among them, will confess, that it has this tendency, and scruple not to say, it is what they wish; and I will venture to predict, without the spirit of prophecy, that if it is adoption without amendments, or some such precautions as will ensure amendments immediately after its adoption, that the same gentlemen who have employed their talents and abilities with such success to influence the public mind to adopt this plan, will employ the same to persuade the people, that it will be for their good to abolish the state governments as useless and burdensome.
Perhaps nothing could have been better conceived to facilitate the abolition of the state governments than the constitution of the judicial. They will be able to extend the limits of the general government gradually, and by insensible degrees, and to accommodate themselves to the temper of the people. Their decisions on the meaning of the constitution will commonly take place in cases which arise between individuals, with which the public will not be generally acquainted; one adjudication will form a precedent to the next, and this to a following one. These cases will immediately affect individuals only; so that a series of determinations will probably take place before even the people will be informed of them. In the mean time all the art and address of those who wish for the change will be employed to make converts to their opinion. The people will be told, that their state officers, and state legislatures are a burden and expense without affording any solid advantage, for that all the laws passed by them, might be equally well made by the general legislature. If to those who will be interested in the change, be added, those who will be under their influence, and such who will submit to almost any change of government, which they can be persuaded to believe will ease them of taxes, it is easy to see, the party who will favor the abolition of the state governments would be far from being inconsiderable.—In this situation, the general legislature, might pass one law after another, extending the general and abridging the state jurisdictions, and to sanction their proceedings would have a course of decisions of the judicial to whom the constitution has committed the power of explaining the constitution.—If the states remonstrated, the constitutional mode of deciding upon the validity of the law, is with the supreme court, and neither people, nor state legislatures, nor the general legislature can remove them or reverse their decrees.
Had the construction of the constitution been left with the legislature, they would have explained it at their peril; if they exceed their powers, or sought to find, in the spirit of the constitution, more than was expressed in the letter, the people from whom they derived their power could remove them, and do themselves right; and indeed I can see no other remedy that the people can have against their rulers for encroachments of this nature. A constitution is a compact of a people with their rulers; if the rulers break the compact, the people have a right and ought to remove them and do themselves justice; but in order to enable them to do this with the greater facility, those whom the people chuse at stated periods, should have the power in the last resort to determine the sense of the compact; if they determine contrary to the understanding of the people, an appeal will lie to the people at the period when the rulers are to be elected, and they will have it in their power to remedy the evil; but when this power is lodged in the hands of men independent of the people, and of their representatives, and who are not, constitutionally, accountable for their opinions, no way is left to controul them but with a high hand and an outstretched arm.
BRUTUS.
STATE of RHODE-ISLAND, &c. In GENERAL ASSEMBLY, February Session, A. D. 1788.
An ACT submitting to the consideration of the free-men of this state, the report of the convention of delegates for a constitution for the United States as agreed on in Philadelphia, the 17th of September, A. D. 1787.
WHEREAS the honourable the continental Congress did heretofore recommend to the legislatures of the respective states, to appoint delegates to meet in convention, at Philadelphia, in May A. D. 1787, to make such alterations and amendments in the present confederation of the United States as would tend to promote the happiness, good government and welfare of the federal union: And whereas the said delegates, on the 17th Day of September, 1787, did agree upon, and report to the Congress of the United States, a form of a constitution for the United States of America: And whereas the said United States in Congress assembled did, by a resolution passed the 28th day of September, A. D. 1787, transmit said report to the legislature of this state, to be submitted to the consideration of the people thereof: And whereas the legislative body, in general assembly convened, conceiving themselves representatives of the great body of the people at large, and that they cannot make any innovations in a constitution which has been agreed upon, and the compact settled between the Governors and governed, without the express consent of the freemen at large, by their own voices individually taken in town-meetings assembled: Wherefore, for the purpose aforesaid, and for submitting the said constitution for the United States to the consideration of the freemen of this state:
Be it enacted by this general assembly, and by the authority thereof, it is hereby Enacted, that the fourth Monday in March instant, be, and the same is hereby appointed, the day for all the freemen and freeholders within this state, to convene in their respective towns, in town-meetings assembled, and to deliberate upon, and determine each individual (who hath a right by law to vote for choice of general officers) by himself, by poll, whether the said constitution for the United States shall be adopted or negatived.
And be it further enacted by the authority aforesaid, That the town-clerks in the respective towns shall forthwith issue their warrants, for the convening of the freemen and freeholders to meet, on said fourth Monday of March instant, at such place where the town meetings are usually holden: and the same shall be directed to the town-serjeants and constables of the respective towns, who shall cause notifications to be set up in the most public places of resort within such towns; and also shall repair to the usual place of abode of the freemen and freeholders in such town, and give them notice of the meeting aforesaid, for the purpose aforesaid. The said town-serjeants and constables to have particular districts pointed out to them, to warn the freemen and freeholders, so as not to interfere with each other's district, that all the freemen and freeholders may, if possible, have notice and attend accordingly. And upon the convention of said freemen, they shall appoint a Moderator, who shall regulate such meeting; and the voices of the freemen and freeholders shall be taken by yeas and nays, and the town-clerk of each town shall register the name of each and every freeman and freeholder, with the yea or nay, as he shall respectively give his voice aloud, in open town-meeting, and shall keep the original in his office, and shall make out a true and fair certified copy of the register aforesaid, with the yeas and nays of each and every person thereon, and carefully seal the same up, and direct it to the general assembly, to be holden by adjournment, at east-Greenwich, in the county of Kent, on the last Monday of March instant, and deliver the same to one of the representatives of such town, or other person, who will take charge of the same, to be delivered to the said general assembly, then and there to be opened, that the sentiments of the people may be known respecting the same.
And be it further enacted by the authority aforesaid, That in case it shall so happen that the said fourth Monday of March instant, shall prove to be stormy or boisterous weather, so that the freemen and freeholders in general cannot conveniently attend, the said town-meeting may adjourn, from day to day, not exceeding three days, so that the voices of the people may be taken.
And be it further enacted by the authority aforesaid, That the secretary shall forthwith transmit to each town-clerk of the respective towns within this state a copy of this act.
A true copy, Witness, HENRY WARD, Secretary.
The following TALK from the Oneida Nation of Indians, was lately received by the Legislature of this State:—
Brothers, Chiefs, and Great Men, who sit round the Council Fire of our Brethren, the People of the State of New-York, attend.
Brothers, WE have come thus far on our way to see you at your council fire, but the roads are already become very bad, and the prospect of their
soon being worse induces us to return, and to speak to you in writing.
Brothers,
We are your allies, we are a free people, our chiefs have directed us to speak to you, as such therefore, open your ears and hear our words.
Brothers,
In your late wars with the people on the other side of the Great Water, and at a period when thick darkness over-spread this country, your brothers the Oneidas stepped forth, and, uninvited, took up the hatchet in your defence; we fought by your side, our blood flowed together, and the bones of our warriors mingled with yours; you appeared grateful for our attachment, and gave us repeated assurances, that should the great Spirit give you success, we should be made to rejoice. The event of the war was favorable; we returned to our country, where ruin and desolation had over-spread our fields and villages; we rejoiced, however, that we could return in peace, and pleased ourselves with the hopes of the peaceable and quiet enjoyment of our country, for which we had fought and bled in the common cause together with you. While we were thus flattering ourselves with the agreeable prospect, we received an invitation to meet some of your chiefs who were sent to speak with us at Fort Herkimer; we were glad, and immediately set out to meet them, expecting they were come to relieve our wants, and to make good the repeated assurances we had received, that on our return to our country, we should be made to rejoice; those chiefs who then met us, will doubtless remember how much we were disappointed, when they told us, they were only sent to buy our lands.
Brothers,
It is needless for us to recapitulate the speeches that were made on that occasion: you cannot forget them, you have probably wrote them in a book; your chiefs may well remember how reluctantly we entered on a treaty for the sale of our lands; they may also remember the method we then took to evade it, which was by making a proposal to them to leave a certain part of our country. The contempt with which they received our offer, is doubtless still fresh in their memory; it is in ours. In compliance, however, with their urgent solicitations, we at length consented to sell them a part of our lands, in consequence of the solemn and repeated assurances your Chief Sachem then made; that this should be the last application, that our brothers, the legislature of the state of New-York, would ever make to us for land.
Brothers,
We are determined then never to sell any more; the experience of all the Indian nations to the east and south of us, has fully convinced us, that if we follow their example, we shall soon share their fate. We wish that our children and grand children may derive a comfortable living from the lands which the Great Spirit has given us and our forefathers. We therefore determined to leave them; our friends in different parts of the country hearing of our determination, and being willing that we should still continue a nation, have offered to take our lands by lease, and give us a generous rent. We were loth to affront you again with the offer of our lands on such terms, and have therefore agreed to the proposals of our friends. Brothers, since we have been on the road, a dying bird has passed by us, and reached your council fire, and told you that we have not leased our lands; we say, Brothers, the suggestion is false, and we hope you will treat us as such.
Brothers,
We are surprised to hear that you are displeased because others have accepted that, which your chiefs have told us was beneath your nation: But Brothers, we are more surprised still, to learn you claim a right to controul us in the disposal of our lands; you acknowledge it to be our own as much as the game we take in hunting, why then do you say that we shall not dispose of it, as we think best? You may Brothers, with as much propriety, when one of our hunters comes to your market with a pack of beaver, point out the person to whom he shall sell, and to no other.
Brothers,
We wish you to consider this matter well, and to do us justice. We have now leased our whole country, excepting what we reserved for our own use, to people, who we doubt not, will pay us according to agreement; and if there be any thing which you can do, to encourage them in the settlement of it, we wish it may be done.
Brothers,
This is all we have to say. To the great men of the State of New-York.
JACOB REED, Sec'y. his PETER X SALEKARENGHIS, mark. his DANIEL X SEGAONEGHERISER, mark. his HENDRICK X SAHONWATE. mark.
Witness, Peter B. Ten Broeck, George Stimpson, jun.
Personally appeared before me, the above named subscribers, and acknowledged the foregoing instrument to be their voluntary act and deed.
Acknowledged before me, this twelfth day of March, 1788.
HENRY J. V. RENSELLER, one of the judges of the inferior court of the county of Columbia.
To the PUBLIC.
IF I don't mistake, the last resolve of congress, October 11th, 1787, means, that the quotas assigned by the direction of the court of France, (or rather by the direction of the minister of the French navy) to the several ships which were said to be under the command of capt. John P. Jones, be confirmed, &c. And not that the several ships which were under the command of capt. John P. Jones, were under his command by the direction of the court of France; Capt. John P. Jones having had no commission then of the king of France therefor, and the Bon Homme Richard being not a United States man of war, was yet but a privateer, and could have consequently no right to command the frigate Alliance: But the French minister be-

ing applied to by order of congress, and considering there was one of their frigates in company when those prizes were taken, upon capt. John P. Jones's mere declaration, I suppose, that he was the commandant of the whole, the minister gave directions to assign the quotas to the ships p'tended to have been under the command of capt. John P. Jones.
To the best of my remembrance, I have seen in the papers of Capt. J. P. Jones, when in the office of Mr. Walker, that the ship of war Seraphis, being destitute of the articles which capt. John P. Jones had taken out of her, as said before, had been sold but for 249,290 livres, out of which her charges since the had been in port L'Orient, and the four deniers per livre for the invalids being deducted, the net produce of her sale was 240,000 livres: but her repairing, and the expence incurred for the feeding and keeping the prisoners in Holland, being deducted, her account is reduced to be but 96,875. 5. 9. livres; by which it appears that the deduction made on the net produce of her sale, for those expences in Holland, is 152,414. 17. 10. livres. The ship of war, the Countess of Scarborough's net sale was 82,648 livres; but her repairing, and the expences incurred for the feeding and keeping the prisoners in Holland, being deducted, her amount is reduced to be but 59,198. 5. 9. livres; by which it appears that the deduction made on the net produce of her sale, for those expences made in Holland, is 23,449. 14. 3. livres: Therefore it appears that the whole sum of the expences made for repairing those ships and keeping the prisoners in Holland, which sum is deducted from the net produce of their sale, is 175,864 livres, 12 sols and 1 denier. The brig May Flower was sold for 67,446 livres, her net produce was 63,749 livres and 12 sols. The brig Fortune was sold for 59,420 livres, her net produce was 56,732 livres, 5 sols and 1 denier.
Capt. J. P. Jones in the Bon homme Richard, when she was parted from the Alliance, ranfomed the brig Speedwell for 7076 livres, which is a new proof that Capt. J. P. Jones was then but the Capr. of a privateer, otherwise it would have been in him a breach of orders to ransom, as all Captains of men of war were ordered to take or destroy as many as they could of the enemy's vessels, in which therefore the Alliance has no claim, as the wisdom of Congress would not admit them to ransom vessels, considering that the British government would have prevented the payment of them at that time for two reasons, 1st, to deprive the United States of the amounts of the ransom, 2d, because they could not have paid the amounts of the ransoms without acknowledging implicitly by it the independence of the United States. The quota of the frigate Alliance on those monies is 108,892 livres. The quota of the ship Bon homme Richard, is 132,912 livres.
It may be observed that if the Bon homme Richard had been a French or United States man of war, it would have been very inconsistent with either government's interest, which is to grant a bounty to encourage men of war to bring in prisoners, in order by it to weaken their enemies, and procure exchange for their own men, who may be taken, to deduct thus one hundred seventy five thousand eight hundred and sixty four livres, out of the three hundred twenty two thousand six hundred and forty eight livres, belonging wholly to the captors, to pay such expences as relating the prizes and keeping their men prisoners. It would have this contrary tendency, that either the foremast men or mariners committed to guard the prisoners, knowing that they kept them at their own cost, to spare themselves the trouble to guard them, and those expences would let them run away, and perhaps have as many of them destroyed one way or other as circumstances would offer, by which the design of granting a bounty for prisoners would be destroyed, and perhaps a great many murders committed!
But besides the impropriety of the unprecedented act of making the captors pay those expences, the amount of it appears exorbitant, when considered that the most costly repairs of the Seraphis, were a main, a main top, a main-top gallant mast, with their yards and riggings, as the had a spare set of new sails, and rigging left of her own; she had to be mended only three or four shot holes on her broadside, which she received from the Bon homme Richard, besides the damage she received in her stern and bow from the frigate Alliance, all which could be done in Holland for about ten thousand livres. The Countess of Scarborough had to be repaired only four or five shots in her larboard side, which she received from the Alliance, which could have been done for about one hundred livres: The expence for keeping five hundred prisoners at ten sols per day for each, during two months, would amount to fifteen thousand livres, which being added to the expences of repairing the Seraphis, and the Countess of Scarborough, would amount together to the sum of twenty-five thousand and one hundred livres, which sum is far short of one hundred seventy five thousand eight hundred and sixty four livres: Those expences having been made under the direction of Capt. J. P. Jones, he ought to have given an account of them: On the other hand, Mr. de Neuville, who is here, and was then the correspondent in Holland, might perhaps give some accounts thereof, if desired to do it by those who had the charge of these settlements.
But hereafter follows an extract of his Excellency Benjamin Franklin's letter, dated P'ly, June 17th, 1780, to lieutenant Digge of the Alliance, and other officers of the said ship at L'Orient, viz. "Having had nothing to do with the prizes, and understanding that they could not soon be turned into money, I had answered the purpose of your letter, in the best manner in my power, by advancing twenty four thousand livres to supply the most urgent of your necessities until the prize money could be obtained." By which it appears that that sum was advanced upon the prize money, that sum was accordingly sent to the order of Capt. J. P. Jones, to be distributed among the officers and crew, though there was not above five hundred livres of that money distributed among the officers and crew of the frigate Alliance to my knowledge. If those twenty four thousand livres which his Excellency Benjamin Franklin advanced upon the prize money, have been deducted in a lump out of the prize money, it must be out of the money arising of the sales of the Seraphis and Countess of Scarborough, as there is no such charge against the other
prizes produced; it would be wrong that the greatest number of the captors received none of that particular sum of money.
On the other hand, if the money which the officers and crews of the frigate Alliance and ship Bon homme Richard received in Holland as a monthly pay (if a months pay it must appear in the account of expences, rendered to Congress by his Excellency B. Franklin, on the particular account of their frigate Alliance) has been also put in a lump among the expences for refitting the prizes and keeping the prisoners there, and have been deducted from the sales of the Seraphis and Countess of Scarborough: It is wrong again, as those who had been sent in the prizes to Norway; those who were taken in prizes and confined in the British prisons, and others who were absent, received none of that money.
When I was in France I was told by Mr. Gourlade, the correspondent of Mr. Le Roy de Chaumont, at L'Orient for fitting out the ship Bon homme Richard, that when Capt. J. P. Jones arrived there to take the charge of her, he was all ragged and so destitute of money and credit, that he, Mr. Gourlade, was compelled through pity to advance him some money to buy a coat with, and the amount of his other expences there was charged on the account for fitting out that ship: but after in Holland and on his return to L'Orient Capt. J. P. Jones had plenty of money, whether he had it from some of his friends, or that he had received it on account of the prize money, I cannot say, as he omitted, when he was in France on the agency, to insist there to have an account to shew here of those extravagant and incredible expences said to have been incurred in Holland: therefore if Capt. J. P. Jones had received any sum of money on account of those prizes money before, and besides the sum which he has allotted to himself of those monies, and if the charge of the sum of money he must have received has been put among the expences made in Holland for refitting the Seraphis and Countess of Scarborough, which have been deducted out of the amount of their sales, it would be wrong still.
Another observation to be made is, that all those prizes were sold in the year 1779, except the Seraphis, which was sold in the month of May, 1780, therefore the captors ought to have the interest of their net produce from those times; but it may be objected, that the Seraphis was bought for the French government, and that it would be very impolitic to ask of said government the interest thereof, considering the money owing to that government by the united states, agreed to. But as private individuals, whose families have been distressed by want of that their money, during eight years, must they suffer again, by losing that interest by said consideration, and considering that their money has been there three years past, in the hands of the officers of the united states? I submit to the reader's judgment whether the united states ought in justice, or ought not, in this case, to pay that interest, which would be but a trifle for a nation, to the captors to indemnify them for the long time they have been waiting for that their money.
The last sentence of the first resolve of congress, October 11th, 1787, relative to the prize-money is, "that a distribution of the prize-money be made among the crews of the said ships separately, agreeable to such quotas;" and the quota of the frigate Alliance was, as I have said, but 108,892 livres.
But by the following resolve of the same day, it is said, "that the monies paid by capt. Jones into the hands of the honourable Thomas Jefferson, be distributed by the board of treasury, as soon as may be, among the captors, agreeable to the division thereof, under the direction of the court of France."
By which I saw, though it appeared a considerable overcharge in the expences incurred in Holland, for the refitting the ships Seraphis and Countess of Scarborough, and keeping the prisoners there; which expences altogether had been, without precedent and against all right, deducted from the net produce of their sales, which produce was totally belonging to the captors. Though not a word was said about the interest of the prize money, due since eight years, to the said captors; Though it appeared by said resolve that I was not to have for my share, an equal sum even as capt. John P. Jones though he was but a captain of a private ship, he had kept for his own share of that money, 14,000 livres, amounting to almost two thousand and eight hundred dollars) but instead of sharing as is usual, equally, among captains commanding men of war, supposing for instance that capt. John P. Jones had been such, it is said in the first mentioned resolve, "that a distribution of the prize-money be made among the crews of the said ships, separately, agreeable to such quotas;" by which my share is lessened in proportion that the quota of the frigate Alliance is less than that of the ship Bon homme Richard. Though I could not obtain to have delivered to me even an account of the prize money to be distributed and of my own share thereof, that the influence of my enemies would, in this case as it has in others, prevent any redress to take place, I might have asked thereabout in my own, and in the dutiful part of the crew of the Alliance behalf, fearing to ensnare myself by subscribing my name in
the receipt, following a preamble, wherein Capt. J. P. Jones is said to have been the commander of the ships who were at the taking of the said prizes, which was proposed me to sign in Mr. Walker's office. On the 12th December, 1787, I begged of James M. Hughes, Esq. to protest, in my behalf, in presence of Mr. Walker, against receiving any part of the money arising from the produce of the Speedwell, and I gave at the same time to that gentleman a power of attorney to receive on account of the prize money at Mr. Walker's office, any part Mr. Walker would give (and Mr. James M. Hughes received and gave to me sixteen hundred and eighty-two dollars the specie 77-90ths) of my prize money.
P. LANDAIS. [To be continued.]
New-York, March 20.
WE are informed, that the board of treasury has appointed George Reade, Esq. commissioner, for settling the accounts between the United States and South Carolina, in the room of Guiliam Aerton, Esq. resigned.
The hon. the council of appointment, on Monday the 10th instant, were pleased to appoint Marrius Willett, George Bond, William Wilcocks, and Nathaniel Lawrence, Esqrs. assistant justices, in addition to those already appointed to that office.
These justices, we are informed, are appointed for the express purpose of trying causes within the city and county of New-York, to the value of ten pounds and under, in virtue of an act passed by the legislature at their last session, entitled, "An act for the more speedy recovery of debts to the value of ten pounds."
Col. Handley is appointed governor of the state of Georgia, in the room of Gen. Jackson, who declined serving.
One of the principal arguments which the advocates, for a change in government hold out, is, that if after a trial of the new constitution it will not answer, we can mend it; but such fairy tales cannot deceive the people if any understanding, they must only be invented to amuse the weak and foolish among themselves. The fable of the ax-man treacherously suppling the trees in the forest for a handle to his axe, with which he afterwards destroyed them all, is a sufficient explanation of such a fallacious argument. The freemen of America will remember, that it is very easy to change a free government into an arbitrary, despotic, or military one; but it is very difficult, almost impossible to reverse the matter—very difficult to regain freedom once lost. The struggles now existing between the people of France and their government is a striking proof of this; for, that government has lately laid (in addition to the other enormous existing taxes) a very heavy land tax of 30 per cent. The people complain of it loudly, but what does this avail? their complaints are treated with contempt, as that government has a large standing army at their command, and we find those who dare to complain are banished, or sent to the Bastille. So much for the government of the well born few, and standing armies. Phil. Paper.
Married at Bolton, Mr. John Allen, publisher of the Massachusetts Gazette, to Miss Sally Rand, of Charlestown.
The Editor acknowledges the Receipt of a Packet of late Papers from Philadelphia, by a private conveyance, with Thanks. A piece from the Chronicle of Freedom , of the 19th inst. Respecting the Post-Office, &c. came too late for this day's paper.
From the NEW-HAMPSHIRE ADVERTISER. A Dialogue between two Neighbours.
A. HOW do you do neighbour, I hav'nt seen you for some time past, where have you been, you look clever and hasty.
B. Oh, I have been to Exeter to hear the conventioners talk, they most all of them look like clever men.
A. Well, is there any antislavery there, I think that's what they call them, I mean them men that pretend to be afraid of giving too much power to the head that we let up ourselves; which head ant like a king, because a king is born to rule, and his oldest son is to be king after him, whether he is a fool or not.
B. Why I believe there is some of that call among them, I heard one talk a dеспет deal about giving Congress too much power, he seems to be powerfully against giving our national court any power at all, &c. &c. now this same man that I mean, was so fond of the British constitution in the time of our trouble, I mean in the war, that he was willing to trust them although he had no representative there, yes, he would trust the British looner than his own countrymen.
A. Why a plague did his towns men send such a man, I'm sure I would not, would you.
B. No, I would as soon vote for your Cato, and sooner too. Some of the other antislavery were honest men, and when they were convinced that what other's partly objected to was wrong, they turn'd right about. I was finely pleas'd to hear them ministers and other learned men talk, it did me good, I'm sure we must have the constitution and it must be right, else they would not be so fond of it, and they know what is best for us better than we can see ourselves. I believe if this new government is received we that live in this state will be more benefited than any other state, for then we should want no ships where we have but one, and all them ships would want beef and pork for their provisions, and oxen and horses, to carry on their decks, and corn and wheat for bread, and a terrible deal of lumber, of all sorts, only think what a light of cattle would be carry'd off then to what there is now, altho' with the small number of vessels we have in this state, one of our Bank merchants told me there was shipped off within last year, 1500 oxen, dead and alive, and what do you think of that?
A. Well neighbour, I cou'd'nt have thought it; well, it will help us mightily; if you hear any more about the conventioners soon, let me know, don't forget, for I shant be easy till it is passed.
B. I will—Good day,
TO BE SOLD, At PUBLIC AUCTION,
On FRIDAY the 18th Day of April next, At XII o'Clock, at the Merchant's Coffee House in the City of NEW-YORK.
The Mills and Farm,
AT Paramus, in Bergen county, state of New-Jersey, now in the occupation of Jacob Bumper, and late the residence of Col. James M. Prevost. The farm contains about two hundred and ninety acres of land mostly of superior quality, of which about one hundred acres are wood. There are two orchards of well chosen apples, and an abundance of choice, and rare fruit of other kinds, a spacious and very convenient dwelling house, large barn and mill-house. The mills are well situate on a lively and never failing stream which runs about three quarters of a mill through the farm, affording several mile feats not to be equalled in that part of the country. The land is otherwise beautifully watered by a variety of springs, and is capable of the most elegant and fanciful as well as profitable improvement at a very small expence. The situation is also particularly advantageous for trade, being at the intersection of two great roads. The most unquestionable title will be given. Enquire of the Printer.
The Creditors of Charles
Williams, deceased, and all others interested in his estate, are requested to take notice, that the surplus of the money which may arise from this sale, after paying the purchase money due from the said Charles Williams, will be applied to the satisfaction of his other debts.
New-York, March 12, 1788. th.f.r.o.d.
WANTED, A Specie BILL
On PHILADELPHIA, To the Amount of about Ninety POUNDS, Pennsylvania CURRENCY. Enquire of the PRINTER.
Government Securities.
CASH, and a generous price, will be given for such as are generally called FINAL SETTLEMENTS, LOAN-OFFICE, those signed by J. Nourse, and INTEREST FACILITIES—Also, those of this State, Connecticut, New-Jersey, and Pennsylvania. Enquire at No. 20. Queen-Street.
JACOB REED, jun. Who also Exchanges and Re-exchanges the Paper Currency of this State, and SPECIE; And negotiates on Commission any Business respecting the Public Funds.
ALL PERSONS indebted to the estate of SMITH RICHARDS, an insolvent debtor, are requested to make immediate payment to the subscribers, assignees, appointed according to law. All accounts, or obligations, not discharged by the first day of May, will be put in suit without distinction.
MELANCTON SMITH, JAMES SHUTER. New-York, March 11, 1788. 39 e.d.
This Day is published, And to be sold by the PRINTER hereof, and by ROBERT HODGE, No. 237, Queen Street,
PRINCIPLES OF THE Latin Grammar,
EXPLAINED in a manner suited to the Capacity of Beginners; with Notes and Observations calculated for those who have made proficiency in the Classics. By JAMES HARDIE, A. B. Teacher of the GREEK and LATIN Languages, NEW-YORK.
A number of the Schools in this city have adopted and are about to adopt this Grammar, the excellencies of which will be more fully delineated in a future advertisement, by a number of the first literary characters in this State, &c.
Twenty Pounds Reward.
WHEREAS the door of St. Peter's church, in this city, was broke 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 detect, apprehend, and prove to conviction, the party or parties guilty thereof.
TO BE SOLD, At PRIVATE SALE,
A LOT of LAND,
SITUATE on City Island, Westchester county, about 20 miles up the East-River from New-York.
The above Lot contains eight acres of land, and is well situate for a garden spot, for the supply of this city with vegetables, or taven for the watermen.
On this lot is a small tenement, with one chimney only, and a never failing spring of fresh water. The excellence of this spot is too universally known, to require any particular description.
It was formerly the property of Mr. Gilead Hunt, who, by a deed of gift, conveyed it to Mrs. JEMIMA PELL (widow of the late Joseph Pell, of the Manor of Pelham) by whom a good title will be given.—Enquire at No. 2 Water Street.

POET'S CORNER.
MARCH. AN ODE.
LIKE Jason, arm'd in coat of mail, Who nobly won the golden fleece, Through heavy storms of wind and hail, March on a ram triumphant rides.
W I T.
A CERTAIN Preacher holding forth at St. Mary's in Paris, without giving his audience any satisfaction: Santuel, the Latin poet, who was present, said, he did better, last year; a by-flander affixed he must certainly be mistaken, for the pre- sent pulpit-thumper had not preached last year; "That is the very reason," said the poet.
Alfize of BREAD.
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flower, weight 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, March 20. 8h. 20m. A.M.
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.
Gentlemen's best boots with the best English legs and bend-foles, bound with Morocco, 2 12 Gentlemen's best boots turned down tops, best English legs and bend-foles, 2 10 0 Gentlemen's best boots with the best York legs and bend-foles, bound with Morocco, 2 8 0 Ditto best-plain, ditto, York legs and bend-foles, 2 4 0 Ditto ditto, with York legs and foles, 2 0 0 Best water boots with bend foles, 2 0 0 Gentlemen's best calf-skin shoes with bound tops, 0 11 0 Mens strong shoes from 8/ 10 Ladies best silk shoes, 1 0 0 Ditto ditto, stuff ditto fattinets or calimanco, 0 10 0 Ditto ditto, leather lined and bound, 0 9 0 Ditto do. do. common, 0 8 0 Boys, Girles, and childrens shoes of all kind.
As also, all kinds of leather whether for shoe makers, fadlers, or harness makers use.—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 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-balls 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.
FLAX-SEED, STORED, Cleaned, Purchased and Sold at HARTELL and WOODWARD'S Flax-seed store lately occupied by Mr. JACOB SARLY, left by Mr. Nash, between Van Zandt's and Murray's Wharves. 38—e.d.
A PERSON perfectly acquaint- ed with MERCHANT'S 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 25, 1787. 38—ed
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 M'Cor- mick for Hyem Cohen, and by William Cock for Richard Hall.
WHEREAS Charles March, Timothy Penny, Abraham P. Mendes, John Thomson, Matthew Tergo, John Howard, Gad Wells, Sa- muel Eells, and Peter Noyes, junior, as passengers, and Malcom Taylor, and Henry Harris, as mari- ners 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 is- land 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 ves- sel 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 Gibbon Burke, and John Donnann, of the said city, merchants: And whereas it appears by return of sales of Anthony L. Bleeker, that the said merchan- dize so saved and brought to the port of New-York, consisted of the following articles, viz. Six hog- heads 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 spi- rits, 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 cot- ton wool, marked B. three 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 where- of, if any had been, could not be discovered, a quan- tity of logwood, and five hundred and fifty-one feet of mahogany. And whereas, by an advertisement formerly published in one of the news papers print- ed 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, 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, owne 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 M'Corrmick, of the city of New-York, merchant, for and on be- half 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 sal- vage: 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 merchandize. And whereas, it appears by the depositions of Wil- iam M'Kenney 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 deserted vessel out of which the said goods were saved, were gene- rally supposed by themselves and others then pre- sent, to have been a brigantine; and it further ap- pears 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 flout 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 mer- chandize, 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 mo- nition 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
AT THE TANNERY,
Near the Fresh-Water Pond,
MAY be had of the subscriber, a quantity of excellent SOLE and UPPER- LEATHER, tanned in the English mode, equal to any manufactured in America. He proposes for country dealers, to supply on terms that will enable them to make large profits;—for city consumption, such as will establish the Shoe Manu- factories, and procure them a run of custom— for ships use, as good in quality, as that imported from England, and at a much less price.
Cash, Bark, raw Hides or Calve Skins taken in exchange. ISAAC COULTHARD.
N. B. A Currier, Master of his Business is wanted immediately—Apply as above. 40 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 FEBRUARY, 1788.
CONTAINING, Rural Concerns.
MEMOIR on the distillation of perfumes, by Mr. Isaac Bartram, Observations on the raising and dressing of hemp: communicated in the American philosophical society, by Edmund Antill, Laws of Pennsylvania society for promoting agri- culture, Premiums proposed by said society.
Moral essays.
On contentment, On confidence, On the importance of a good character considered only with respect to interest, On the folly of being anxiously curious to enquire what is said of us in our absence, On the pleasures of reflection.
Characters.
Character of an old maid, —of a pedantic school-master Humour.
Consolation for the old bachelor, Lecture upon eyes, Lecture upon noses, Instructions for fine ladies, Instructions for fine gentlemen, Speech of a flattering member, by the hon. Francis Hopkinson, Esq.
Natural History.
Description of the white mountains of New- Hampshire, Description of the grotto at Swatara, by the rev. Peter Miller.
Miscellanies.
Letter concerning chimnies; containing some di- rections to prevent them from smoking, by Dr. Ruston. Petition of the people called Quakers, of New- England, Ethelgar, a Saxon poem, Account of the order of procession in Boston, so- lemnization of the ratification of the new consti- tution, Report of the managers of the Pennsylvania socie- ty for the encouragement of manufactures, Directions on this reading of history.
Politics.
Oration on the anniversary of American independ- ence. By the hon. chancellor Livingston, Letter from the hon. Robert Yates, and John Lansing, Esqrs. to his excellency Gov. Clinton, stating their reasons for not subscribing to the new constitution. Address to the minority of the convention of Pennsylvania, Form of the ratification of the federal constitution by the state of Massachusetts, Form of do. by Georgia, A view of the principles, operation, and probable effects of the funding system of Pennsylvania.
Natural Philosophy.
Conjectures concerning wind and water-spouts, tornadoes, and hurricanes, by Dr. John Perkins of Boston, Observations on the growth of trees downwards.
Poetry.
The sea-faring bachelor, by Mr. Philip Freneau, The seasons moralized, by do. The Brandywine, The grey mare the better horse, Evil company, The dying Indian, by Mr. Philip Freneau, Answer to a riddle, To a man of lively, but unequal spirits in conver- sation.
The printer returns his most grateful acknow- ledgements to the citizens of New-York, for the liberal encouragement and patronage with which they have honored this publication. Every exertion shall be made to merit a continuance of their favor.
** The delay of the present number, has been wholly occasioned by the negligence of the stage driver at Newark.
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 town- ship, in the county of Essex, New-Jersey, within a quarter of a mile of the main road from Woodbridge to Brunswick, about eight miles dis- tant from the latter, and three and a half from Perth Amboy, consisting of one hundred and se- venty 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 wa- ter 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. Ben- jamin Thompson, near Morris-Town. New-York, Jan. 24, 1788. 99—e. d.
Just Published, The AMERICAN MAGAZINE,
For February, 1788.
Price TWO SHILLINGS.
CONTENTS. A Bridgement of the Education---Mode of it laws of nature in examined, French and English, The contrall, Vindication of the preface Letter III, from Belzebub rence women are sup- The force of habit, or the posed to have for men regularity of the city of inferior talents. Philadelphia vindicat- Medical questions. ed in opposition to a Government—Mr. Jeffer- common place opinion, son's arguments in fa- Peter Pickpenny's art of vor of an unalterable pushing into business, constitution, consider- Curious extracts from an- ed, cient records, Letter III, to Dr. Stiles, Anecdote, describing the remains Dr. Mitchell's account of of fortification at Musk the insect which de- ingum; with remarks stroyes the wheat, on the Indian barrows, Letter from Juvenis, and the striking ana- Narrative of the escape of logy between certain the Countess Valois de customs of the Indians la Motte from the Ba- and ancient Britons, file, Continuation of Smith's A Hibernian's request, history of Virginia. Law questions.
POETRY.
On the departure of a The decline of wit, young gentleman who On the recovery of an failed for England only child from the sometime since, small pox, Lines written by a youth Intelligence, on the death of Mr. Marriages, —S— of Sharon, Deaths.
New-York, Printed by Samuel Loudon, And Sold by Messrs. S. and R. Campbell, Mr. S. Loudon, Messrs. Berry and Rogers, Mr. T. Al- len, Mr. R. Hodge, Mr. T. Greenleaf, Mr. F. Childs, Mr. J. Reid.—Mr. J. Hatlings, at Boston.—Messrs. Hudson and Goodwin, at Hartford.—Mr. J. Beers, at New-Haven.— Mr. A. Stoddard, at Hudson.—Messrs. W. Falconer and Co. at Albany.—Messrs. Young and M'Culloch, at Philadelphia, Mrs. A. Timo- thy, at Charleston.
The NEW LINE of STAGES.
THE Proprietors of the New Line of STAGES, finding many inconven- iencies arise both to the respectable public and themselves from inattention to business; in future they are determined to use every endeavor to serve the public, and with encouragement only in propor- tion to their exertions and attention to their business. From the date hereof the fare will be from Pow- les-Hook to Philadelphia, and from Philadelphia to Powles-Hook, three Spanish milled dollars, and all way passengers four pence per mile, 150lb. of bag- gage to be the same as a passenger; Printers papers and letters will be conveyed gratis; convenient port- manteaus are provided for that purpose.
The Stages leave Powles-Hook at 3 o'clock, P. M. every day for Philadelphia, except Saturday.
JOHN CUMMING, MATTHIAS WARD, THOMAS EGBERT, JOHN GULICK, ROBERT STOCKTON, DAVID HAMILTON, JOS. VANDEGRIFT, MICHAEL DENNISTON,
M. B. Papers, Letters, &c. to be sent to Chris- topher Beekman's, Cortlandt Street, where the Stage Office is kept. 29 c d
February 19, 1788.
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 Tal- mage Hall, No. 49, Cortlandt-street (commonly known by the Boston, Albany, and Philadelphia General stage-office) and has agreed with the pro- prietors of the Albany and Boston stages, to make his house the public stage-house. Those ladies and gentlemen who wish to take passage in either of these 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 en- tertainment; 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.
S H R U B,
Of the very best Quality, by the Hoghead, Bar- rel, or smaller Quantity, FOR SALE by Charles Tillinghast, At his House, nearly opposite the New-Mar- ket in Cherry-street.
—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.