The New-York journal, and daily patriotic register (New-York [N.Y.]), 1788-02-14 00:00:00

The New-York Journal, and Weekly Register.
NUMB. 37, of VOL. XLII.]
THURSDAY, February 14, 1788.
[Total NUMB. 2217.]
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.
State of New-York, Court of Admiralty. Charles March, Timothy Penny, Abraham P. Mendes, John Thompson, Gad Wells, and others, Libellants.
vs. Sundry goods, Wares and Merchandize, saved out of a vessel having no person on board, by John Shannon and others, and claimed by 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.
WHEREAS Charles March, Timothy Penny, Abraham P. Mendes, John Thompson, Matthew Fergo, John Howard, Gad Wells, Samuel Eells, and Peter Noyes, junior, as passengers, and Malcom Taylor, and Henry Harris, as mariners on board of the brigantine Port-Roseway, have filed a libel in the said court, setting forth that in and with the said brigantine, in a voyage from the island of Jamaica to New-London, in Connecticut, on or about the first day of August, in the year 1784, in the latitude of 23 degrees and 30 minutes north of the equator, 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 deleted, 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 deleted; 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'Kenney 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, JOHN GRAHAM, Marshal. 36 gm
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 — c.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. LIVINGSTON, Esq. Chancellor.
Stephen Skinner, } FORAMUCH as it appears to this court, that William Gray, and a bill hath been filed therein 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 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 8.w. 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. LIVINGSTON, Esq. Chancellor.
Stephen Skinner, } MR. TROUP, of counsel, for the complainant, suggesting to the court, 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 Vanhaelah 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 appeareth, 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; whereupon it is ordered by the said judge, that all persons interested in the estate of the said Jeremiah Ruland, do appear before the judge of the said court of Probates, at the Probate-Office in the city of New-York, on the tenth day of March next, to show cause, if any they have, why so much of the real estate whereof the said Jeremiah Ruland died seized should not be sold, as will be sufficient to pay his debts.
99 th. 4w. PETER OGILVIE.
NOTICE is hereby given to all persons indebted to Jacob Hagerman, of the city of New-York, an insolvent debtor, that unless they make immediate payment to the subscribers, their accounts will be put in the hands of an attorney; and all his creditors are desired to bring in their accounts properly attested. A dividend is intended to be made on the first Monday in March next, provided the creditors accounts are sent in to
JOHN MURRAY, } Affignees. WALTER BUCHANAN, } New-York Dec 13, 1787. gw 10. th.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the 19th day of March, 1774, entitled, "An act for the more effectual registering of mortgages, and securing the purchasers of mortgaged estates;" that on the sixth day of June next ensuing, at ten o'clock in the forenoon, will be sold at the house of DAVID DAN, in Bedford, Westchester county, and state of New-York, to the highest bidder; all that certain Farm, Traß, pieces, or parcel of Land, lying and being in Bedford, and bounded as follows, to wit, beginning at the house of Benjamin Hayes, where he now lives, running westerly as it winds round Hayes's land, and northerly to the high way, thence westerly along the high way until it comes to Lewis M'Donald's land, thence southerly until it comes to David Dan's land, thence easterly and northerly along said Dan's land until it comes to the high way or Town's land by the burying ground, thence by the high way westerly until it comes to Benjamin Hayes's land, thence by Hayes's land as it winds to the place of beginning; also one other piece of Land, lying on the north side of the high way, beginning at the Court-house, thence westerly by the high way until it comes to Lewis M'Donald's land, thence northerly and westerly as it winds to Abraham Canfield's land, thence northerly and westerly by Abraham Canfield's land as it winds to the high way, thence northerly by the high way to Abraham Canfield's land, thence east by said land, until it comes to the land of the late Stephen Holmes, deceased, thence southerly and westerly until it comes to the parsonage lands, thence near the same course until it comes to James M'Donald's land, thence westerly and southerly winding round M'Donald's land to the place of beginning; containing in the whole eighty acres, more or less, with the appurtenances which said premises were by indenture bearing date the 10th day of May, one thousand seven hundred and eighty-six; mortgaged by Jonathan Platt, of Bedford, Westchester county and state of New-York, to Daniel Bowne, of New-York, for securing the payment of eight hundred pounds with lawful interest for the same.
The conditions will be made known on the day of sale, by the subscriber,
New-York, Nov. 20, 1787.
45 th. 6m. DANIEL BOWNE.
PUBLIC NOTICE is hereby given, according to an act of the Governor, Council, and General Assembly of the late colony of New-York, passed the nineteenth day of March, 1774, entitled, "An act for the more effectual registering of mortgages and securing the purchasers of mortgaged estates;" that on the twenty-eighth day of July next ensuing, at eleven o'clock in the forenoon, will be sold at the Coffee-House, to the highest bidder, all that certain LOTT 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 contained 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 Durvee, of the county of New-York, to Thomas Bowne, Daniel Bowne, and Samuel Osgood, of New-York, for securing the payment of five hundred and thirty-six pounds seventeen shillings and seven-pence, with lawful interest for the same.
The conditions will be made known on the day of sale by 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.
S H R U B, 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.
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; whereupon 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 sixteenth 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.
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; whereupon 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 4w th 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.
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'Hommiedieu, 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.
A Few COPIES of the Conductor Generalis, To be SOLD, At this PRINTING-OFFICE.

MISCELLANY.
For the NEW-YORK JOURNAL, &c.
LETTERS from a Gentleman in Dutchess-County to his friend in New-York. [Continued from this Register of the 2nd ult.]
LETTER VI.
DEAR SIR, THE pamphlets which you sent me, I have read, and, agreeably to what I proposed, in my last letter, will offer you, by way of return, for your politeness and friendship, some of the observations which occurred to me, when I read them. Wherever you think me wrong, I beg your correction, when business permits; as I have nothing in view but the truth, and that I ever will to avow, let who will be opposed to it.
Though I can not subscribe to the whole of the Federal Farmer; yet, I think he has great merit, and well deserves the thanks of his country. But, if I mistake not, he seems at the latter end of the 3d page and beginning of the 4th, to lay rather too much stress on Mr. Pope's maxim, which is, that, "that which is best administered, is best." With the greatest deference for the Federal Farmer's good sense, I beg leave to ask, whether this jingling maxim will not militate as much for the worst form of government, as for the best? From the candour which every where appears in his letters, I think, that I may venture to presume on his answering this question, if answered at all, in the affirmative. However, should I, in this, be wrong, I will as readily acknowledge the error, as ask the question. And, if so, what matter whether the form of government be good or bad, if it be but well administered? Besides, if Mr. Pope's mode of reasoning be just, why find fault with the constitution proposed, before it is put to the test; for who can tell, previous to its being administered, but it is may, according to the poet's logic, be the best? Hence, does it not clearly appear how dangerous it is, to adopt the opinion or sentiments of any man, or number of men, however sanctioned by time, or the reputed wisdom, &c. of the author or authors, without first thoroughly canvassing the principles, and considering the consequences?
Perhaps, to a theocracy or divine government; that is, a government instituted and administered by the immediate interposition of the almighty, the poet's maxim may, with more consistency, be applied. In which, whatever is of divine institution, or administration, is certainly best.
But, I believe it is not pretended by any body, unless it be by the mad doctor, in Philadelphia, that the proffered constitution is of divine descent; or, if it be, it is rather too nearly related to the divine right of kings, to be worshipped by true republicans, who enjoy the proper use of their reason. Why then adopt that which may as readily lead to error, as to truth?
As the letter writer appears to be a gentleman of true philanthropy, as well as of a clear and comprehensive understanding, I am bound to believe, that it is something, which, from an early adoption, or much use, has become very familiar to him, and, that he did not, at the time, attend to all its consequences. Neither is this any thing uncommon, or peculiar to him, as it undoubtedly has gone through the hands of thousands, before his; and, I imagine, almost every person may, at times, discover something or other of the kind, the absurdity of which, either from much use, or an early adoption, as mentioned above, has become so familiar or sanctioned by custom and time, as not to excite attention, and that too often in spiritual as well as temporal concerns.
At the bottom of the 15th page and top of the 16th, are these words, "I with the system adopted with a few alterations; but those, in my mind, are essential ones; if adopted without, every good citizen will acquiesce, &c." On which, I with the gentleman had either been more explicit, or silent; as, in the first case, his meaning would have appeared to more advantage, and, in the other, there would have been no necessity for any observation. For, when he says, "if adopted without, every good citizen will acquiesce," may it not imply, that, "every good citizen," ought, in duty, or of choice to, "acquiesce," or that "every good citizen must of, or from, necessity "acquiesce"?
However, I imagine, that, from the epithet—"good citizen," the former construction may fairly be put on the phrase; that is, that it will, of course, be the duty or choice of every good citizen to acquiesce, even if the constitution should be adopted without any alteration.
Now, if this be truly the gentleman's meaning, and I can not, as I said above, at present, fairly put any other on it—I must deny his position. Nay, does not he, himself, tacitly deny it, when he says, that the alterations which he wished made, "are essential ones?" For, if they are really essential, according to the true sense of the word, will it not be rather difficult to prove, that it is the duty of a good citizen to acquiesce, in the manner represented, in what is essentially wrong?
Should it be said, that no more is meant by the word "acquiesce," than "a peaceable submission," I then say, that there was no necessity for mentioning the quality of the citizen; it being as much the duty of a bad citizen, as a good one, to acquiesce, perhaps, more requisite to be inculcated to the bad, than the good. And, should the constitution be adopted without being essentially amended, I hold it to be the indispensable duty of every citizen, good and bad, not to acquiesce in the devices and institutions of men, which are directly opposite, or repugnant, to the word of god; but, by all and every just and prudent means, continually endeavour to procure a reformation or amendment of every thing which is essentially wrong.
In page the 18th, paragraph the 2d, it is said, "The senate is entirely on the federal plan," which to me, appears somewhat singular, when each senator is to have one vote. Either I do not comprehend his meaning, or there is a mistake, which ought to be corrected, for, by the present configuration, which is a union of the states, not a consolidation, all the delegates, from a state, have but one vote, and in the state senate, which is on the plan of consolidation, each senator has a vote. In page 33, there is an expression, which does not seem to be altogether consistent with the general tenor of the whole, but, perhaps not worth your notice at this time.
I ask your pardon for being so tedious on such a trifling affair, seemingly; yet viewed in all their consequences, they appear to me, to be of some importance, rightly to understand.
The fabulous story of Asgard and his hounds, is too often verified in disputes of this sort. If I do not mistake, it frequently so happened, just before the revolution, as well as in the course of the war; and, I think, that I remember seeing several such complaints in the public prints, when you returned to the city, especially of Phocion, who then pretended to be as zealous an advocate for the constitution of the state, as Publius is now for the new constitution, of which, in No. 38, he gives but a vague account of what is alluded to in the preceding paragraph, as well as the Federal Farmer.
Not that I suppose, the Federal Farmer to have been intentionally wrong. I do not, I assure you; and I beg, that he will not suspect me of it, let him be who he will, for who he is I know not. There are thousands of words and phrases made use of, and that by the most sensible men and best writers, which will not, in all constructions, bear a close examination; and, if that be the case with such characters as I have mentioned, there can be no doubt but you and he, should it be read by him, may discover such in these very observations: but be that as it may, I expect you will readily agree with me that, it is absolutely requisite to weigh every sentiment of friend as well as foe, before we approve, in such momentous concerns, as these times afford.
As remarkable as the Federal Farmer is for candour and fair reasoning, just to remarkable is the pamphlet, said to be written by P—k W—y, of Philadelphia, for a farrago of fallacy and a want of reasoning. But I know the man and his creed: I have several of his essays, &c. &c. He is a creature of M—'s and a child of the bank, if I may be allowed the phrase. And, had it not been for the pernicious influence of that bank, persuaded I am, that the people of Pennsylvania would not have been precipitated, in the manner they have, into the measures lately adopted by them.
Is it not curious enough, that our common friend —, should accuse any man of not being a fair reasoner, when the very constitution itself, has not been effected by reason, but in direct opposition to it; and the adoption of it, in Pennsylvania, was carried in the same manner, only with more violence—the other more cunning. I am not entirely destitute of hopes, but that state may yet have another convention on the same subject. It cannot surely be possible, that the great body of the people, when they become fully informed of the perfidious advantage which has been taken of their confidence and credulity, by a few designing men, will patiently suffer themselves to be insulted by an aristocratical junta, and their adherents. No, I think, that they will spurn at the constitution, and the contrivers of it, in that state. And to my no small satisfaction, I observe, that the "Centinel" is perfectly competent, and willing to give them every information that their circumstances may require.
The Federalist, as he terms himself, or Publius, puts me in mind of some of the gentlemen of the long robe, when hard pushed, in a bad cause, with a rich client. They frequently say a great deal, which does not apply; but yet, if it will not convince the judge nor jury, may, perhaps, help to make them forget some part of the evidence—embarrass their opponent, and make the audience stare, besides encircling the practice.
The Daily Advertiser, of January 17th, contains an extract, which is said to be part of "A letter from the late illustrious president of the general convention, to his friend in Frederickburg, Virginia;" but which, I do not believe to be his in dictating, and for the following reasons:—That, neither the style nor composition, appears to be genuine; besides, several of the expressions are too positive and unguarded for any man of common prudence, and much more so, for a person who has always been considered as eminent for that very qualification.
Had such a thing made its appearance in the course of the war, I believe, that the medium of its origination might have been much more rationally accounted for, than it now appears to be.
Some time since, I also observed a paragraph in one of the papers, but which, at present, I really cannot tell, intimating, that the president of the late general convention, had consented to serve as a member of the state convention, if chosen for one of the counties in Virginia. This, I do not credit; for, though Mr. Wilson and some others, consented to become the encomiasts and worshippers of their own image; can there ever be a possibility, that HE, who has given so many unequivocal proofs of his native diffidence and modesty, should now assume quite a contrary style and conduct. I will not believe it—it can never be. Indeed, I sincerely will, that he had refused to quit his peaceful shade. Nor do I believe that he would again have taken on him a public character, had not a very influential combination been formed, in and by which, every engine has been set to work, and that for the sake of accomplishing the grand desideratum of Mr. Adams's nobility, the well-born of America, or the United States.
But, to return to the extract, in which there are two periods, in the first paragraph, that prove too much (if they prove any thing) and of course, amount to nothing, unless it be the writer's design. They are these:—"And clear I am, if another federal convention is attempted, that the sentiments of the members will be more discordant, or less accommodating than the last. In fine, they will agree upon no general plan."
Now, if it be impossible for all the people of the United States, to form another single convention which shall agree upon any one kind of government (and is not this the obvious import or meaning of the assertion) I should be glad to learn, how the ingenious contriver of this curious extract expected, that thirteen, or even nine different conventions should ever agree to adopt the constitution, unless he intended to apply his "ultima ratio" to them?
Of late, I have observed several of these spurious extracts, paragraphs, &c. in the papers; but, as they were either anonymous, or the characters not of much consequence, I thought them unworthy of notice.—In this, I am impelled by duty.
I am, dear Sir, Your most obedient, And very humbly servant, A COUNTRYMAN.
For the NEW-YORK JOURNAL, &c.
BRUTUS, No. XII.
[Continued from last Thursday's paper.]
THIS same manner of explaining the constitution, will fix a meaning, and a very important one too, to the 12th clause of the same section, which authorises the Congress to make all laws which shall be proper and necessary for carrying into effect the foregoing powers, &c. A voluminous writer in favor of this system, has taken great pains to convince the public, that this clause means nothing: for that the same powers expressed in this, are implied in other parts of the constitution. Perhaps it is so, but still this will undoubtedly be an excellent auxiliary to assist the courts to discover the spirit and reason of the constitution, and when applied to any and every of the other clauses granting power, will operate powerfully in extracting the spirit from them.
I might instance a number of clauses in the constitution, which, if explained in an equitable manner, would extend the powers of the government to every case, and reduce the state legislatures to nothing; but, I should draw out my remarks to an undue length, and I presume enough has been said to shew, that the courts have sufficient ground in the exercise of this power, to determine, that the legislature have no bounds set to them by this constitution, by any supposed right the legislatures of the respective states may have, to regulate any of their local concerns.
I proceed, 2d, To inquire, in what manner this power will increase the jurisdiction of the courts.
I would here observe, that the judicial power extends, expressly, to all civil cases that may arise between citizens of the same state, with this exception to those of that description, that the judicial of the United States have cognizance of cases between citizens of the same state, claiming lands under grants of different states. Nothing more, therefore, is necessary to give the courts of law, under this constitution, complete jurisdiction of all civil cases, but to comprehend cases between citizens of the same state not included in the foregoing exception.
I presume there will be no difficulty in accomplishing this. Nothing more is necessary than to set forth, in the process, that the party who brings the suit is a citizen of a different state from the one against whom the suit is brought & there can be little doubt but that the court will take cognizance of the matter, & if they do, who is to restrain them? Indeed, I will freely confess, that it is my decided opinion, that the courts ought to take cognizance of such causes, under the powers of the constitution. For one of the great ends of the constitution is, "to establish justice." This supposes that this cannot be done under the existing governments of the states; and there is certainly as good reason why individuals, living in the same state, should have justice, as those who live in different states. Moreover, the constitution expressly declares, that "the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states." It will therefore be no fiction, for a citizen of one state to set forth, in a suit, that he is a citizen of another; for he that is entitled to all the privileges and immunities of a country, is a citizen of that country. And in truth, the citizen of one state will, under this constitution, be a citizen of every state.
But supposing that the party, who alleges that he is a citizen of another state, has recourse to fiction in bringing in his suit, it is well known, that the courts have high authority to plead, to justify them in suffering actions to be brought before them by such fictions. In my last number I stated, that the court of exchequer tried all causes in virtue of such a fiction. The court of king's bench, in England, extended their jurisdiction in the same way. Originally, this court held pleas in civil cases, only of trespasses and other injuries alleged to be committed vi et armis . They might likewise, says Blackstone, upon the division of the aula regia , have originally held pleas of any other civil action whatsoever (except in real actions which are now very seldom in use) provided the defendant was an officer of the court, or in the custody of the marshal or prison-keeper of this court, for breach of the peace, &c. In process of time, by a fiction, this court began to hold pleas of any personal action whatsoever; it being supposed, that the defendant has been arrested for a supposed trespass that "he has never committed, and being thus in the custody of the marshal of the court, the plaintiff is at liberty to proceed against him, for any other personal injury; which summons of being in the marshal's custody, the defendant is not at liberty to dispute." By a much less fiction, may the pleas of the courts of the United States extend to cases between citizens of the same state. I shall add no more on this head, but proceed briefly to remark, in what way this power will diminish and destroy both the legislative and judicial authority of the states.
It is obvious that these courts will have authority to decide upon the validity of the laws of any of the states, in all cases where they come in question before them. Where the constitution gives the general government exclusive jurisdiction, they will adjudge all laws made by the states, in such cases, void ab initio . Where the constitution gives them concurrent jurisdiction, the laws of the United States must prevail, because they are the supreme law. In such cases, therefore, the laws of the state legislatures must be repealed, restricted, or so construed, as to give full effect to the laws of the union on the same subject. From these remarks it is easy to see, that in proportion as the general government acquires power and jurisdiction, by the liberal construction which the judges may give the constitution, will those of the states lose their rights, until they become so trifling and unimportant, as not to be worth having. I am much mistaken, if this system will not operate to effect this with as much celerity, as those who have the administration of it will think prudent to suffer it. The remaining objections to the judicial power shall be considered in a future paper. BRUTUS.
To the PUBLIC.
[Continued from last Thursday.]
BY which report that gave rise to the foregoing resolve, which itself, in the first place, is to my prejudice, by annihilating that resolve passed on the 8th May, 1778, which implies that a sum of money adequate to my services (meaning the bringing of the ship Flamand with her cargo) was owing to me at that time: But which sum was not fixed un-
till the marine committee had enquired of Silas Deane, Esq. who told them that he had really promised that the gratuity which I claimed would be paid to me on my first arrival in America, and the said committee made their report thereupon to Congress who passed, on the 6th March, 1779, said resolve to fix the principal sum as agreed, to 12,000 livres: Therefore also the amount of the principal sum was fixed in Congress on that date only, it was nevertheless due to me on my arrival in America, as agreed with Mr. Deane; and besides it is under myable, that since that time the United States enjoyed the benefit and use of those warlike stores consequently, by the foregoing derogatory resolve, I have been unjustly deprived of the interest of that principal sum, from the 2d Dec. 1777, to the 6th March, 1779, amounting to 180 dollars.
In the second place—The said resolve in deciding a new that the sum of 1814 dollars and 4/10ths be given me in certificates, annulled (to my prejudice) the resolve passed on the 6th March, 1782, which implicitly approved that the sum amounting of my pay, subsistence and extra expenses altogether, was then at my credit on account as it approved that step which the Superintendent of finance had then taken in my case; by which derogating resolve the sentence I had been already satisfied by is yet aggravated, by depriving me thereof (amounting to more than my whole pay whilst I commanded the frigate Alliance) which act no precedent can justify: Moreover as there were but Mr. Paul Jones and myself detained by orders to remain and cruise in Europe, and which Paul Jones had received there then in ready money above the amount of his whole pay, I am the only one in that case again deprived to be paid mine likewise in ready money, though I was compelled as well as he and the ministers and agents of the United States, there to pay in ready money my own expenses, which amounted to more than my pay; but what is the more striking is, that the benevolence of Congress passed resolves to pay in ready money the whole pay and other unto others, who had none of the forcible reasons as I have given to be paid mine, at the same time they passed that prejudicial derogating resolve, by which I am thus frustrated of my undeniable due in ready money, amounting to 1994 dollars, to wit 1814 dollars said to be paid in certificates, and 180 dollars deducted of the true interest which was owing to me, on the gratuity, all which I must irretrievably lose, as I cannot assert to receive in certificates the former of those sums, when it is so duly owing to me in ready money, and it may be judged of and looked as one of the terms of the series of injustice done to me.
Besides the sum of money arising, according to the resolve of Congress of the 25th July, 1775, for my whole subsistence when I was at sea commanding the frigate Alliance, and also my share of the bounty of twenty dollars for every cannon, and eight dollars for every man taken on board British ships of war; for such as the alliance took there, Resolved by Congress on the 15th November, 1776, to be paid to the officers and crew of continental ships of war, which I never claimed, being ignorant until lately of said resolves.
It may be observed by what has been published heretofore in this news paper, since Tuesday, November 29, 1787, subscribed by my name, that in my memorials of the 19th December, 1781, 25th March, 1782, and 10th February, 1783, to Congress, I claimed my share of the prizes taken by the frigate Alliance alone, when under my command, as captain of her; and my share of those taken by her and other vessels together, as being by right (fully shewn in those memorials) the lawful commander of them; notwithstanding which, there is no mention made thereabouts in the foregoing resolve of the 2d June, 1785: But (although it was adjudged in Boston, to this import in favour of Capt. Nicholson of the continental frigate Deane, who differed from his crew for the choice of an agent, that a captain of a man of war had an undeniable right to name the agent for his whole crew, that of the prizes) by the influence of the agent of marine, and my other enemies, the following resolve was passed:
"On the report of a committee consisting of Mr. S. Huntington, Mr. A. Lee and Mr. Duane, to whom were referred a letter from Capt. J. P. Jones, to the agent of marine of the 19th October, and a letter from him to Congress of the 18th of the same month,
"Resolved, That Captain John Paul Jones be, and he hereby is recommended to the minister plenipotentiary of the United States at the court of Versailles, as agent to solicit under direction of said minister, for payment and satisfaction to the officers and crews for all prizes taken under his command, and to which they are any wise entitled. And that the said Capt. John Paul Jones, shall receive the commission usually allowed in such cases out of the money which he shall receive as agent for the prizes, in full compensation for his services and expenses; Provided always, that the said captain J. P. Jones, previous to his entering upon the execution of the said trust, shall give to the superintendent of finance, for the benefit of the concerned, sufficient bonds with good security, for the faithful discharge thereof, and for the just payment of the same to the superintendent of finance, to be by him distributed to those persons who may be intitled thereto."
PETER LANDAIS.
Foreign Intelligence.
DRESDEN, October 19. YESTERDAY his Serene Highness Prince Anthony, brother to the Elector of Saxony, was married to her Royal Highness the Archduchess Maria Theresa, daughter to the Great Duke of Tuscany. The ceremony was performed in the Elector's private chapel.
November 5. Most of the Imperial troops under-mentioned are already on their march towards the Frontiers of Turkey; and which, with those under marching orders for the same destination, amount to
  94 battalions of infantry, of 1400 men each, 135,960   3 battalions artillery, 1000 each, 3,000   63 divisions of cavalry, 400 each, 25,800   In the whole, 164,760 

To command which the following General officers are appointed, viz. one Chief General, one Quarter-Master General, two Generals of cavalry, three Generals of Artillery, 14 Lieutenant-Generals, and 27 Major-Generals.
ST. PETERSBURGH, October 30.
On Sunday last a messenger arrived here from prince Potemkin, with the news of a victory obtained over the Turks, at an attack which they made upon Kimburn, on the night of the 11th inst. by a detachment of 5000 men, who landed near that fortress from Ochakow; and although the garrison was inferior in number, upwards of 4000 Turks were killed or wounded, and the remainder with difficulty escaped to their boats. The number of slain and wounded on the side of the Russians, did not exceed 400; but several officers lost their lives on this occasion, and generals Souwarow and Reck, who had the principal command, were dangerously wounded.
FRANKSFORT, Nov. 6.
We are assured, that the Emperor's troops, which are to form a line in Galicia, Hungary, Transylvania, Eftlavonia, and Croatia, will consist of 162,552 men, of whom 125,360 are infantry.
AMSTERDAM, Nov. 26.
We have just received the proposal made by the Stadholder to the states of Holland, for granting an annuity to all those that were associated in the armed or unarmed societies, or who have signed addresses, petitions, declarations, &c. tending to overturn the ancient constitution.
L O N D O N.
Nov. 6. The Bishop of London died on Saturday afternoon, at Fulham. His age was not quite seventy-seven. He was born in 1711. —Winchester was the school, which has the boast of breeding this very learned and virtuous man. From thence he was removed on the same foundation to New-College, Oxford.
These were such recommendations, as were sure to force their way with those who were themselves most commendable.
While two such great empires as Russia and Turkey are in a state of warfare, and the Emperor is bound by treaty to assist the former with a powerful body of forces, there is no doubt but most of the European nations will keep a respectable naval force in readiness, not only to be prepared against contingencies, but also to preserve, as far as possible, the balance of power, left a great acquisition of dominion to the conquerors might render them too powerful in future for the united efforts of every other state to contend with, and therefore deprive them hereafter of their proper weight and importance in the scale of nations. When Peter the Great visited England, and worked for some time in one of the dock-yards like a common ship-carpenter, it was then little thought that before a century should elapse, the fleets of Moscow would become formidable in the Baltic and Euxine seas, and that those, joined with their present numerous armies, should threaten destruction to the Ottoman Empire, which for above three centuries had been the terror of Europe almost in general.
Nov. 10. Mr. Eden left Paris on Wednesday last, and is now on his route to Madrid as Ambassador Plenipotentiary from Great Britain to the Court of Spain.
Nov. 12. Bishop Porteus succeeds not only to the See of London, but to the Deanery of the Chapel.
Nov. 27. This day his majesty came to the house of lords, and being seated on the throne, the commoners were sent for, who immediately attending, the King opened the session with the following speech:
"My Lords and gentlemen, At the close of the last session, I informed you of the concern with which I observed the difficulties unhappily subsisting in the republic of the united provinces."
Their situation soon afterwards became more critical and alarming, and the danger which threatened their constitution and independence seemed likely in its consequence to affect the security and interests of my dominions."
No endeavors were wanting on my part to contribute by my good offices to the restoration of tranquility, and the maintenance of the lawful government; and I also thought it necessary to explain my intention of counteracting all forcible interference on the part of France in the internal affairs of the republic. Under these circumstances the king of Prussia having taken measures to enforce his demand of satisfaction to the insult offered to the princess of Orange, the party which had usurped the government of Holland applied to the most Christian king for assistance, who notified to me his intention of granting their request.
In conformity to the principles which I had before explained, I did not hesitate, on receiving this notification, to declare, that I could not remain a quiet spectator of the armed interference of France, and I gave immediate orders for augmenting my forces both by sea and land.
In the course of these transactions I also thought proper to conclude a treaty with the Landgrave of Hesse Cassel, by which I secured the assistance of a considerable body of troops, in case my service should require it.
In the mean time the rapid success of the Prussian troops, under the conduct of the Duke of Brunswick, while it was the means of obtaining the reparation demanded by the king of Prussia, enabled the provinces to deliver themselves from the oppression under which they labored, and to re-establish their lawful government.
All subjects of conflict being thus removed, an amicable explanation took place between me and the most Christian King, and declarations have been exchanged by our respective ministers, by which we have agreed mutually to disarm, and to place our naval establishments on the same footing as in the beginning of the present year.
It gives me the greatest satisfaction that the important events which I have communicated to you, have taken place without disturbing my subjects in the enjoyment of the blessings of peace; and I have great pleasure in acquainting you, that I continue to receive from all foreign powers the fullest assurances of their pacific and friendly disposition towards this country. I must, at the same time, regret that the tranquility of one part of Eu-
rope is unhappily interrupted by the war which has broken out between Russia and the Porte.
A convention has been agreed upon between me and the Most Christian King, explanatory of the thirteenth article of the last treaty of peace, and calculated to prevent jealousies and disputes between our respective subjects in the East Indies. I have ordered copies of the several treaties to which I have referred, and of the declaration and counter-declaration exchanged at Versailles, to be laid before you.
"Gentlemen of the House of commons,"
"I have ordered the estimates for the ensuing year to be laid before you, together with an account of the extraordinary expences which the situation of affairs rendered necessary."
"I have the fullest reliance on your zeal and public spirit, that you will make due provision for the several branches of the public service. I am always desirous of confining those expences within the narrowest limits, which a prudent regard for the public safety will permit; but I must, at the same time recommend to your particular attention to consider of the proper means for maintaining my distant possessions in an adequate posture of defence."
"My Lords, and Gentlemen,"
"The flourishing state of the commerce and revenues of this country cannot fail to encourage you in the pursuit of such measures as may confirm and improve so favourable a situation."
"These circumstances must also render you particularly anxious for the continuation of public tranquility, which it is my constant object to preserve."
"I am at the same time, persuaded you will agree with me in thinking, that nothing can more effectually tend to secure so invaluable a blessing, than the zeal and unanimity which were shewn by all ranks of my subjects on the late occasion, and which manifested their readiness to exert themselves whenever the honour of my crown and the interest of my dominions, may require it."
Dec. 15. A letter from Paris, dated Dec. 9, says, "The parliament of Paris met on Friday, to deliberate his Majesty's edicts, for the establishment of protestants in this kingdom: after sitting until near six o'clock in the evening, the affair was referred to a committee, who are to make their report on the good or bad effects which may arise from this edict. Some further representations were agreed to be made to the king on the exile of the Duke of Orleans, and the imprisonment of the two members of Parliament."
DEBATES IN THE
PARLIAMENT OF PARIS, Resolving the demand of a Loan of 450 millions of livres, and the edict in favor of the French Protestants.
[We pledge the authority of this paper [Universal Register] in the most formal manner for the authenticity and minuteness of the following debate, which took place in the parliament of Paris, on the 19th—their adjournment to Versailles on the Wednesday following, and their return to Paris Thursday the 22d Nov.]
I bring to my parliament two edicts, the one relative to a loan, the other relating to the protestants.
He further told them, that the Kings of France had always been the protectors of religion; that he was likewise disposed to maintain it—that he had therefore, from a love to his subjects, resolved to fix for ever the civil state of the protestants. That in regard to the edict for a loan, it was necessary to preserve the credit of his finances; that his chancellor would acquaint them what he found reprehensible in his parliament of Bourdeaux, and that his intention was to recal the courts of justice to their proper and true functions.
In this address the king gave them to understand, that an assembly of the general state should be convened; that it would be a great satisfaction to him to be able to assure the nation when assembled according to his intention, that good order was again established in the finances.
He then gave orders to the clerk of the house to read aloud the edicts which he should issue, for a loan of 450 millions, to be raised in five years.
The keeper of the seals then said, that the king gave leave that every member might speak his sentiments.
The debates lasted till half past four o'clock, and among the speakers there were twelve different opinions, each of which was maintained with much spirit and freedom. The greater part appeared disposed to call an assembly of the general states, and only to enregister it on that condition. The keeper of the seals having been to take the king's orders on that point, said that his majesty ordered the enregisterment of it unconditionally, and immediately pronounced the act of the enregisterment.
The Duke of Orleans then arose to request the king, that the act of enregisterment should specify, that it was made by the express command of the king. His majesty answered, that he had heard every opinion, and that was sufficient. The Duke of Orleans represented to him, that their deliberations were neither done in form, nor were they legal. The king answered, that they were.
They then began to read the substance of the second edict, respecting the protestants, when the king said he would leave that to another day, and retired. On his withdrawing, the parliament remained sitting, and made the following resolution.
The court considering the illegality of what had passed in the king's presence, where the numbers were not permitted to be counted, or reduced according to law, and that consequently their deliberations were not complete, declared, that it would take no
cognizance of what was transcribed in the registering book of the edict for a progressive loan, and that therefore they would adjourn their deliberations to another day.
The meeting of this assembly lasted from nine o'clock in the morning till half past five in the evening. His majesty remained the whole time in the house. The king was accompanied by his two brothers, and his captain of the guard, who stood behind him the whole time of the sitting, a matter altogether unprecedented.
The next day, the Duke of Orleans having been exiled, and two other of the members confined in prison, the parliament made a decree protesting against this act, and re-demanded the Duke of Orleans and their other members.
A deputation of forty members being ordered to Versailles the next day, the king remonstrated against the protest they had made, which he suppressed, and proscribed them from making any other at their peril. His majesty said, that he was astonished his parliament had declared that he did not take part in the passing of a law which had been debated for seven hours, and when the majority were certainly for the enregisterment, at the same time that they requested the call of the general states; that his majesty had promised them it should take place in four years, and that he pledged his sacred word to it; that in that sitting where he presided, he did not consider the parliament as a deliberating body, but as his counsel, and that he would not allow any decree to pass contrary to his will.
The president then read the resolution of the parliament concerning the banishment of the Duke of Orleans, and the commitment of their other members. On this the king answered, "When I exile a prince descended from my own blood, you may depend I do it on very strong reasons, and I have punished the other members, because I was dissatisfied with their conduct."
The parliament, on their return from Versailles, convened the princes and peers, and resolved to make farther remonstrances. It is presumed, that the loan will be executed for only 120 millions.
The deliberation in favour of the protestants is adjourned to the 28th instant.
A member of parliament, named mons. Depremenville, made a motion against some Lettres de Cachet, which mons. de Breteuil had issued, and which was referred to next day.
New-York, February 14.
LAST evening the eastern mail arrived several hours earlier than usual, for the purpose of expediting the important intelligence of the ratification of the constitution by that state, before it had been published in the Boston papers.
AUTHENTIC.
Extract of a letter from a member of the convention in Massachusetts to a member of Congress in this city, dated Boston (Wednesday) February 6, 1788.
"This afternoon 5 o'clock, the question whether this convention will assent to and ratify the proposed constitution, was called for. The whole number of votes were 355—yeas, 187—nays, 168, leaving a majority of 19—amendments,* which you see in the newspapers, accompanied this assent, but as you perceive no way interfering with the ratification. Of the minority, viz:—Wedgery, Cooley, and Taylor, publicly declared they would go home and support the constitution to the utmost of their abilities and influence."
* The amendments (proposed by the president on the 31st of Jan.) here referred to, are as follows:—
First, That it be explicitly declared, that all powers not expressly delegated to Congress, are referred to the several states, to be by them exercised.
Second, That there shall be one representative to every thirty thousand persons, until the whole number of representatives amount to
Thirdly, That Congress do not exercise the power vested in them by the 4th sect. of 1st art. but in cases where a state shall neglect or refuse to make adequate provision for an equal representation of the people, agreeably to this constitution.
Fourthly, That Congress do not lay direct taxes but when the monies arising from the impost and excise are insufficient for the public exigencies.
Fifthly, That Congress erect no company of merchants with exclusive advantages of commerce.
Sixthly, That no person shall be tried for any crime by which he may incur an infamous punishment, or loss of life, until he be first indicted by a grand jury, except in such cases as may arise in the government and regulation of the land and naval forces.
Seventhly, The supreme judicial federal court shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute be of the value of
Eightly, In civil actions, between citizens of different states, every issue of fact arising in actions at common law, may be tried by a jury, if the parties, or either of them request it.
Ninthly, That the words "without the consent of Congress," in the last paragraph in the ninth section, of the first article, be struck out.
AND the convention do, in the name and in behalf of the people of this commonwealth, enjoin it upon their representatives in Congress, at all times, until the alterations, and provisions aforesaid have been considered, agreeably to the fifth article of the said constitution, to exert all their influence, and use all reasonably and legal methods to obtain a ratification of the said alterations and provisions, in such manner as is provided in the said article.
A last Wednesday's Boston paper announces "the ratification of the constitution by the convention of the state of North-Carolina, on the 25th Jan. with only two dissentients." This account was handed the printer by captain Kent, in ten days from Edenton to Boston.—As our last accounts from North-Carolina mentioned, that the convention was not to meet until July next, it is presumed, that captain Kent was misinformed, or perhaps mistook the house of assembly appointing a convention, for the convention adopting the constitution.
On the 4th inst. his Excellency the governor of Massachusetts by advice of council, further adjourned the general court of that commonwealth, which was to have convened in Boston, on the 20th, to the 27th instant.
A correspondent remarks, that it has, for a long time, been a matter of doubt, whether the BANK OF NORTH-AMERICA was of any real UTILITY—but a recent instance evinces, that its INFLUENCE extends much further than it was imagined.
MR. GREENLEAF, Pleas'd to insert the enclosed in your paper to-morrow, and oblige yours, MERLIN.
TRIUMPH ye speculators, who have purchased the fruits of the soldiers blood and toil, at two shillings and six-pence on the pound!—Triumph ye sons of Belial, who make gold the idol of your souls!—Triumph ye ambitious, and well born, who plume yourselves on the prospect of riding on the necks of those who have fought to give you consequence, and placed you in a situation to injure them!—Triumph ye contractors, commissaries, financiers, and agents, who have filled your coffers by cheating the public, and make use of your ill gotten wealth for the purpose of enslaving your country!—But, at the same time, remember, in the midst of your rejoicings, that joy is frequently turned to mourning, and that the race is not always given to the swift, nor the battle to the strong.
BRUTUS, No. XIII, &c. are received, but the publication of them was unavoidably postponed to next Thursday.
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-seven.
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, for 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 persons estate and debts of the said Isaac Paris as far as they have been able to discover the same, and that thereby it appeared that the personal estate of the said Isaac Paris was insufficient to pay his debts, and therefore requested the aid of the said judge in the premises, according to the directions of the act, entitled, "an act for the relief of creditors against heirs, devisees, executors, and administrators, and for proving wills, respecting real estates," and the said petitioners have delivered to the said judge the account in the said petition mentioned; hereupon it is ordered by the said judge, that all persons interested in the estate of the said Isaac Paris, do appear before the judge of the said Court of Probates, at the Probate Office, in the city of New-York, on the thirty-first day of March next, to show cause, if any they have, why so much of the real estate whereof the said Isaac Paris died seized, should not be sold as will be sufficient to pay his debts. PETER OGILVIE.
TO BE SOLD, At PRIVATE SALE, a Pleasant situated F A R M, BETWEEN Rack Pond and Fresh Creek, adjoining the sea, at Shrewsbury, in Monmouth county, in the state of N. Jersey, containing one hundred and fifty acres. The payment will be made easy to the purchaser, and a good title will be given. For further particulars enquire of PETER OGILVIE, at No. 6, Crown-street. New-York, Feb. 12, 1788. 17
Wanted to CHARTER, By the MONTH, For Four Months Certain, A VESSEL, FROM eighty to one hundred and twenty tons measurement. For particulars apply to W. WOOD, No. 74, Water-street. 14 c.d.
Twenty Pounds Reward. WHEREAS the door of St. Peter's church, in this city, was broke open, on the night of Saturday, the 25th 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. New-York, January 20th, 1788. 5—c. d.
Government Securities. CASH, and a generous price, will be given for 20,000 dollars, of such as are generally called Final settlements, and those signed by J. Nourse.—Enquire at No. 20, Queen-street. JACOB REED, jun. New-York, Feb. 3, 1788. 16 c.d.
TO BE SOLD, An EXCELLENT FORTE-PIANNO, Imported from London the last Summer. Enquire of PHILIP JACOBS, No. 20, next door but one to the City Tavern, Broad-Way.—Feb. 12, 1788. 16 c.d.

POET'S CORNER.
From the (S. C.) STATE GAZETTE. On the New-Const-tution.
IN evil hours his pen 'squire Adams drew Claiming dominion to his well-born few...
Affix of BREAD,
As Established December 5, 1787. A Loaf of inspected superfine Wheat Flower, weigh Two Pounds Five Ounces for Six-pence.
HIGH WATER.
This Day, February 14. 2h. 45m. Aft.
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.
To be sold at this Office, OBSERVATIONS, leading to a fair Examination of the Government proposed by the late CONVENTION, and to several essential and necessary Alterations. A PERSON perfectly acquainted with MERCHANTS ACCOUNTS, would be glad of employ, in that line, either in Posting of Books, or adjusting intricate accounts. Enquire of the Printer. New-York, October 25, 1787. —c.d. 38
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 OGLIVIE.
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, JOSEPH GAHERIE, } Auditors.
20th 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 JAMES BREWSTER, Surviving Partner.
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.th.f.
NOTICE is hereby given to all persons indebted to the estate of Gilbert Bryan, of Huntington, Long-Island, Suffolk county, yeoman, an insolvent debtor, that unless they make immediate payment to the subscriber, assignor of the estate of the aforesaid Gilbert Bryan, the accounts will be put into the hands of an attorney; and all persons, having claims against said Gilbert Bryan's estate, previous to his discharge under the act of insolvency, are requested immediately to present their accounts, properly attested, to JOHN ARDEN, Junior, Affignee.
42 m.w.f. 3m. New-York, November 15, 1787.
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 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. Jan. 7, 1788. 11 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.
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 created 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 abounding and absent debtors," passed the fourth day of April, 1786, he hath issued his warrants to the sheriff of the city and 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
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. 24, 1788. 30—c.d.
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. 3e—c.d.
New-York RUM Of excellent Flavour and good Proof, FOR SALE, By Charles Tillinghast, At the DISTILLERY, near the New Market, Cherry-Street, and nearest to the Ship-Yards.
Just published by M. CARY, In Philadelphia, and now to be SOLD, By THOMAS ALLEN, Book-Seller, in Queen-street, New-York, (by whom Subscriptions are received) THE
American Museum,
For JANUARY, 1788.
CONTAINING,
Miscellanies.
ORATION in commemoration of American Independence, Address delivered by the Rev. Samuel Magaw, New method of placing a meridian mark, by David Rittenhouse, Esq. Observations on the aurora borealis—by the Rev. Jeremy Belknap, Observations and experiments on the sweet springs—by James Madison, Esq. Method of making steel, Letter on marriage, Antifederal arguments, Letter to the Hon. R. H. Lee.
Satire.
On musical pretenders, Recipe for an insolvent debtor, Directions to conduct a newspaper quarrel, according to the best mode now in practice.
Rural Concerns.
Notes on farming—by the Hon. C. T. Esq. Method of making potashes in Hungary and Poland, Thoughts on the culture of hemp, Mode of breaking steers to the draft in a few days, On the culture of silk.
Law Information.
Law case—Court of common pleas, Charleston, Law report—Hay vs. Haldimand,
State and other Public Papers.
Valedictory address of his Excellency Governor Trumbull, Resolutions of the legislature of Connecticut, Letter to Governor Randolph, Letter from do. Resolutions of the inhabitants of Chowan, Address of the grand jury of Edenton, Resolves of the inhabitants of Northampton county, Report of the deputies of Northampton county, Resolutions of the tradesmen of Boston, Ratification of the new constitution by the state of Connecticut, Official notice presented by Mr. Grenville to the Comte de Montmorin, Answer to the preceding notice.
Natural History.
Observations on a comet lately discovered.—By David Rittenhouse, Esq. Account of a motley-coloured or pyed negro girl, and mulatto boy.—By Dr. Morgan, Letter relative to the engraving fruit-trees and the growth of vegetables.—By Gen. Lincoln, Observations on the growth of trees downwards after the first year, Some account of the opussum.
Medical Tracts.
Letter on the fore throat distemper, Letter on the digitalis purpurea, An inestimable dissolvent for human calculi,
Select Poetry.
A poem, addressed to the people of Virginia, on New-Year's day, 1788. Monitory epistle, addressed to a young lady, A riddle.
Foreign Intelligence, American, &c.
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 favorable terms as to merit the attention of any gentleman that would with 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 lines, deep sea lines, hand lead lines, log lines, houseline, 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. 38 c.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 wish to take passages in either of those Stages, will please to leave their names with the subscriber the evening before the Stage's departure; gentlemen passengers and others, are informed that the subscriber keeps a house of entertainment, and accommodates gentlemen with boarding and lodging. Every attention will be paid to those who please to favour him with their custom.
N. B. The gentlemen of the city are informed that the subscriber has a large convenient Assembly Room, which he proposes to let during the winter season, or longer if required. CHRISTOPHER BEEKMAN. New-York, Nov. 19, 1787. 51—th.
The AMERICAN MAGAZINE For January 1788, Sold at this Office, price Two Shillings
—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.